Introductory text

AGRICULTURE

FOOD

Made 19th December 2005

Coming into operation 1st January 2006

The Department of Health, Social Services and Public Safety^f1 makes regulation 41(2) of the following Regulations in exercise of the powers conferred on it by Articles 15(1), 16(2) and 47(2) of the Food Safety (Northern Ireland) Order 1991^f2.

In accordance with Article 47(3A) of the Food Safety (Northern Ireland) Order 1991, the Department of Health, Social Services and Public Safety has had regard to relevant advice given by the Food Standards Agency before making regulation 41(2) of the following Regulations.

The Department of Health, Social Services and Public Safety makes the following Regulations (apart from regulation 41(2)) in exercise of the powers conferred on it by section 2(2) of the European Communities Act 1972^f3 and of all other powers enabling it in that behalf.

The Department of Health, Social Services and Public Safety, has been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food and measures relating to feed produced for or fed to food-producing animals^f4, the common agricultural policy of the European Community^f5 and measures in the veterinary and phytosanitary fields for the protection of public health^f6.

As required by Article 9 of Regulation (EC) No. 178/2002 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^f7 as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 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^f8 there has been open and transparent public consultation during the preparation of the following Regulations.

Annotations

Footnotes

f1: Formerly the Department of Health and Social Services: see S.I. 1999/283 (N.I. 1) Article 3(6)
f2: S.I. 1991/762 (N.I.7) as amended by S.I.1996 /1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28, paragraph 2 of Article 2 (regarding the definition of “food”) was substituted by S.R. 2004 No. 482
f3: 1972 c. 68
f4: S.I. 2003/2901
f5: S.I. 1972/1811, amended by S.I. 2002/794
f6: S.I. 1999/2027
f7: O.J. No. L31, 1.2.2002, p. 1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L245, 29.9.2003, p. 4)
f8: O.J. No. L245, 29.9.2003, p. 4