Statutory Rules of Northern Ireland

2020 No. 80

Food

The Food Information (Amendment No. 2) Regulations (Northern Ireland) 2020

Made

5th May 2020

Coming into operation

1st October 2021

The Department of Health(1) makes these Regulations in exercise of the powers conferred by Articles 15, 25(3) and 47 of the Food Safety (Northern Ireland) Order 1991(2), and in relation to regulation 3(3), (5) and (8), by paragraph 1A of Schedule 2 to the European Communities Act 1972(3).

The Department of Health, has been designated(4) for the purposes of section 2(2) of the European Communities Act 1972 in relation to food and drink intended for sale for human consumption, including the presentation, packaging, labelling, marketing and advertising of such food and drink.

The following Regulations make provision for a purpose mentioned in section 2(2) and it appears to the Department of Health that it is expedient for references to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers(5) mentioned in regulation 2(3) and (5) of these Regulations to be construed as a reference to that Regulation as amended from time to time.

In accordance with Article 47(3A) of the Food Safety (Northern Ireland) Order 1991, the Department of Health has had regard to relevant advice given by the Food Standards Agency.

As required by Article 9 of Regulation (EC) No 178/2002(6) of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

(1)

Formerly the Department of Health, Social Services and Public Safety; see 2016 c.5 (NI) section1(5)

(2)

S.I. 1991/762 (N.I.7) as amended by S.I 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 and S.R.2004 Nos. 482 and 505

(3)

1972 c.68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020) (c. 1). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388

(4)

S.I. 2005/2766. It is prospectively revoked by S.I. 2018/1011 on IP completion day

(5)

OJ No L 304, 22.11.2011, p. 18, last amended by Regulation (EU) 2015/2283 (OJ No 327, 11.12.2015, p.1)

(6)

OJ No. L 31, 1.2.2002, p.1 as last amended by Regulation (EU) No.2017/228 (OJ No. L 35, 10.2.2017, p. 10)