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The Food (Miscellaneous Amendments etc.) (EU Exit) Regulations (Northern Ireland) 2020

S.R. 2020/286 · Made 25 November 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Exiting The European Union

Food

Made 25th November 2020

Coming into operation see reg. 1

The Department of Healthf1 makes these Regulations in exercise of the powers conferred by section 11 of and sub-paragraph 11M(1) of Part 1C of Schedule 2 to the European Union (Withdrawal) Act 2018f2.

In accordance with Article 47(3A) of the Food Safety (Northern Ireland) Order 1991f3, 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 178/2002f4 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.

Annotations to the whole text

Footnotes

f1

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

f2

2018 c. 16, amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1)

f3

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

f4

O.J. No. L 31, 1.2.2002, p.1, as last amended by Regulation (EU) 2019/1243 of the European Parliament and of the Council (O.J. No. L 198, 25.07.2019, p.241)

Contents

  1. 1Citation and commencement
  2. 2Revocation of the Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
  3. 3Amendment of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015
  4. 4Amendment of the Food Hygiene Regulations (Northern Ireland) 2006
  5. Signature
  6. Schedule Schedule
  7. Explanatory note

1Citation and commencement

These Regulations may be cited as the Food (Miscellaneous Amendments etc.) (EU Exit) Regulations (Northern Ireland) 2020 and come into operation immediately before IP completion day.

2Revocation of the Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

The Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019f1 are hereby revoked.

3Amendment of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015

(1)

The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 2 (Interpretation)—

(a)

in the definition of “fluoride removal treatment”, in sub-paragraph (b) replace “another EEA state” with “an EEA state”;

(b)

in the definition of “ozone-enriched air treatment”, in sub-paragraph (b) replace “other parts another part of the United Kingdom or from another EEA State” with “another part of the United Kingdom or an EEA State”.

(3)

In regulation 4 (Recognition as natural mineral water), in paragraph (2)(c) omit “other than the United Kingdom”.

(4)

In regulation 33(3), in sub-paragraph (a) omit “other than the United Kingdom”.

4Amendment of the Food Hygiene Regulations (Northern Ireland) 2006

(1)

The Food Hygiene Regulations (Northern Ireland) 2006f1 are amended in accordance with paragraphs (2) to (5)—

(2)

In regulation 17—

(a)

in paragraph (1) for “paragraph (4)” substitute “paragraphs (4) and (5)”;

(b)

after paragraph 4 insert—

“(5)

A person shall be considered not to have contravened Article 5(1) of Regulation 853/2004 provided the requirements of Schedule 2A are complied with.”.

(3)

After regulation 31, insert—

“32.

Under specified community provisions referenced in Article 5(1) of Regulation 853/2004 and in Schedule 2, food business operators in Northern Ireland shall ensure a health mark or identification mark is applied as appropriate in accordance with Schedule 2A.”.

(4)

In Schedule 2 in Column 2 beside the entry in Column 1 relating to Article 5(1) of Regulation 853/2004, in both places where it occurs, for “Regulation 854/2004” substitute “Regulation 2019/627”.

(5)

After Schedule 2 insert Schedule 2A as in the Schedule to these regulations.

Signature

Sealed with the official seal of the Department of Health on 25th November 2020.

L.S.

Lourda Geoghegan

A senior officer of the Department of Health

“Schedule 2A

Regulation 32

PART 1

The Health Mark

1.

The health mark shall consist of an oval mark containing in perfectly legible form the following characters in the order below:

  1. (a)

    the letters “UK(NI)” or “UNITED KINGDOM (NORTHERN IRELAND)”;

  2. (b)

    the approval number of the establishment; and

  3. (c)

    the letters “EC”.

2.

When applied to carcases, the health mark shall measure at least 6.5 cm wide by 4.5 cm high and contain letters at least 0.8 cm high and figures at least 1 cm high.

3.

The ink used for health marking must be authorised in accordance with Union rules on the use of colouring substances in foodstuffs.

PART 2

The Identification Mark

1.

The identification mark must be legible and indelible, and the characters easily decipherable. It must be clearly displayed for the competent authorities and shall consist of an oval mark containing the following characters in the order below:

  1. (a)

    the letters “UK(NI)” or “United Kingdom (Northern Ireland)”;

  2. (b)

    the approval number of the establishment; and

  3. (c)

    the letters “EC”.”

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke the Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 as the changes due to be made by those are no longer necessary due to the Ireland/Northern Ireland Protocol. (regulation 2)

The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015 are amended to update references to EEA States and the United Kingdom. (regulation 3)

The Food Hygiene Regulations (Northern Ireland) 2006 are amended to provide for the application of the Ireland/Northern Ireland Protocol with respect to health and identification marks. (regulation 4)

An impact assessment of the effect these Regulations has not been undertaken as it is believed there will be no or minimal costs to business, the voluntary sector and the public sector in Northern Ireland as a result of these regulations.