F2SCHEDULE 4Application and modification of provisions of the Order
PART 1Modification of Article 9(1)
I1F11
For Article 9(1) (improvement notices), substitute—
1
If an authorised officer has reasonable grounds for believing that a person is failing to comply with a provision specified in subparagraph (1A), the authorised officer may, by a notice served on that person (in this Order referred to as an improvement notice)—
a
state the officer’s grounds for believing that the person is failing to comply with the relevant provision;
b
specify the matters which constitute the person’s failure so to comply;
c
specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and
d
require the person to take those measures, or measures that are at least equivalent to them, within such period as may be specified in the notice.
1A
The provisions are—
a
a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers specified in entry 1, 3, 5 to 11, 23 to 27, 29, 31 or 66 of the table in Schedule 5, Part 2 to the Food Information Regulations (Northern Ireland) 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations), except to the extent that the provisions apply to the mandatory particular relating to net quantity required by Article 9(1)(e) of Regulation (EU) No 1169/2011, as read with Article 23 of, and Annex IX to, that Regulation;
b
a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in entry 2, 67 or 68 of the table in Schedule 5, Part 2 to the Food Information Regulations (Northern Ireland) 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations), except to the extent that the provision applies to food information relating to quantity;
c
any other provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in Schedule 5 to the Food Information Regulations (Northern Ireland) 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations);
d
any of the following provisions of the Food Information Regulations (Northern Ireland) 2014—
i
regulation 5(3), (4) or (5);
F4ia
regulation 5A(1);
ii
regulation 6(1) or (4);
F3iia
regulation 6A(1) and (3);
iii
regulation 7(1) , (4) or (5); or
iv
regulation 8(1) or (3); or
e
a provision of Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food specified in the table in Schedule 5, Part 4 to the Food Information Regulations (Northern Ireland) 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations).
Words in Sch. 1 inserted (1.10.2021) by The Food Information (Amendment No. 2) Regulations (Northern Ireland) 2020 (S.R. 2020/80), regs. 1, 2(8)