OpenLegislation

Article 9 Improvement noticesC1C2C3

Northern Ireland

C4C5C6C7C8C9C10C11C12C13C14C15(1)

If an authorised officer has reasonable grounds for believing that the proprietor of a food business is failing to comply with any regulations to which this Article applies, he may, by a notice served on that proprietor (an “improvement notice”)—

(a)

state the officer's grounds for believing that the proprietor is failing to comply with the regulations;

(b)

specify the matters which constitute the proprietor's failure so to comply;

(c)

specify the measures which, in the officer's opinion, the proprietor must take in order to secure compliance; and

(d)

require the proprietor to take those measures, or measures which are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.

C16C17C18C19C20C21(2)

Any person who fails to comply with an improvement notice shall be guilty of an offence.

(3)

This Article and Article 10 apply to any regulations under this Part which make provision—

(a)

for requiring, prohibiting or regulating the use of any process or treatment in the preparation of food; or

(b)

for securing the observance of hygienic conditions and practices in connection with the carrying out of commercial operations with respect to food or food sources.

Annotations

Modifications

C1

Art. 9 applied with modifications (7.10.2013) by The Fish Labelling Regulations (Northern Ireland) 2013 (S.R. 2013/219), regs. 1, 4

C2

Art. 9 applied with modifications (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013 (S.R. 2013/220), regs. 1, 7

C3

Art. 9 applied with modifications (20.11.2013) by The Fruit Juices and Fruit Nectars Regulations (Northern Ireland) 2013 (S.R. 2013/253), regs. 1(1), 17 (with reg. 22) (as amended (14.6.2026) by The Breakfast Foods (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/5), regs. 1, 5(8) (with reg. 7(1)))

C4

Art. 9(1) applied (with modifications) (13.12.2014) by The Products Containing Meat etc. Regulations (Northern Ireland) 2014 (S.R. 2014/285), regs. 1, 7(1)

C5

Art. 9(1)(2) applied (with modifications) (24.6.2015) by The Honey Regulations (Northern Ireland) 2015 (S.R. 2015/261), reg. 1, Sch. 2

C6

Art. 9(1) applied (with modifications) (11.9.2015) by The Country of Origin of Certain Meats Regulations (Northern Ireland) 2015 (S.R. 2015/321), regs. 1, 6(1), Sch. Pt. 1 para. 1

C7

Art. 9(1)(2) applied (28.11.2015) by The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015 (S.R. 2015/365), regs. 1, 33(1) (with reg. 33(2)(3))

C8

Art. 9(1) applied (with modifications) (28.11.2015) by The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015 (S.R. 2015/365), regs. 1, 33(1), Sch. 12 Pt. 1

C9

Art. 9(1) applied (with modifications) (20.7.2016) by The Food Safety (Information and Compositional Requirements) Regulations (Northern Ireland) 2016 (S.R. 2016/251), regs. 1, 5(1), Sch. 2

C10

Art. 9(1) applied (with modifcations) (22.12.2016) by The Caseins and Caseinates Regulations (Northern Ireland) 2016 (S.R. 2016/415), reg. 1, Sch. 5 para. 1

C11

Art. 9(1) applied (with modifications) by S.R. 2012/384, reg. 26(1) (as substituted (14.9.2017) by The Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/157), regs. 1, 12) (Amendment to earlier affecting provision S.R. 2012/384, Sch. 2 (29.11.2018) by S.R. 2018/186, reg. 12)

C12

Art. 9(1) applied with modification(s) (1.1.2018) by The Novel Foods Regulations (Northern Ireland) 2017 (S.R. 2017/233), regs. 1, 5(1), Sch. 2 Pt. 1 (with reg. 5(4))

C13

Art. 9(1)(2) applied (with modifications) (23.4.2018) by The Condensed Milk and Dried Milk Regulations (Northern Ireland) 2018 (S.R. 2018/77), regs. 1, 6(1), Sch. 3 Pt. 1

C14

Art. 9(1)(2) applied (with modifications) (23.4.2018) by The Jam and Similar Products Regulations (Northern Ireland) 2018 (S.R. 2018/78), regs. 1, 10, Sch. 4 (with reg. 3)

C15

Art. 9(1) applied (with modifications) (13.12.2016 for specified purposes) by The Food Information Regulations (Northern Ireland) 2014 (S.R. 2014/223), regs. 1(4)(b), 12, Sch. 4 Pt. 1 para. 1 (as amended (1.10.2021) by The Food Information (Amendment No. 2) Regulations (Northern Ireland) 2020 (S.R. 2020/80), regs. 1, 2(9))

C16

Art. 9(2) applied (with modifications) (13.12.2014) by The Products Containing Meat etc. Regulations (Northern Ireland) 2014 (S.R. 2014/285), regs. 1, 7(1)

C17

Art. 9(2) applied (with modifications) (11.9.2015) by The Country of Origin of Certain Meats Regulations (Northern Ireland) 2015 (S.R. 2015/321), regs. 1, 6(1), Sch. Pt. 1 para. 1

C18

Art. 9(2) applied (20.7.2016) by The Food Safety (Information and Compositional Requirements) Regulations (Northern Ireland) 2016 (S.R. 2016/251), regs. 1, 5(1)

C19

Art. 9(2) applied (22.12.2016) by The Caseins and Caseinates Regulations (Northern Ireland) 2016 (S.R. 2016/415), regs. 1, 8(1)

C20

Art. 9(2) applied by S.R. 2012/384, reg. 26(1) (as substituted (14.9.2017) by The Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/157), regs. 1, 12)

C21

Art. 9(2) applied (1.1.2018) by The Novel Foods Regulations (Northern Ireland) 2017 (S.R. 2017/233), regs. 1, 5(1) (with reg. 5(4))