UK Offence Report

The Contaminants in Food Regulations (Northern Ireland) 2004 (revoked)

Northern Ireland Statutory Rule 2004 No. 487 — creates 4 criminal offences.

4offences created
0recorded in force
0revoked
Made
25 November 2004
In force from
20 December 2004
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
(EC) No. 178/2002

Explanatory note

(This note is not part of the Regulations.) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which revoke and re-enact with changes the Contaminants in Food Regulations (Northern Ireland) 2003 (S.R. 2003 No. 299) – make provision for the execution and enforcement of Commission Regulation (EC) No. 466/2001 setting maximum levels for contaminants in foodstuffs (O.J. No. L77, 16.3.2001, p. 1, as corrected and amended) (“the Commission Regulation”); and implement – Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs (O.J. No. L201, 17.7.98, p. 93, as amended), Commission Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs (O.J. No. L77, 16.3.2001, p. 14, as corrected), Commission Directive 2002/26/EC laying down the sampling methods and the methods of analysis of the official control of levels of ochratoxin A in foodstuffs (O.J. No. L75, 16.3.2002, p. 38), Commission Directive 2002/69/EC laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin-like PCBs in foodstuffs (O.J. No. L209, 6.8.2002, p. 5, as corrected and amended), Commission Directive 2002/78/EC laying down the sampling methods and the methods of analysis for the official control of the levels of patulin in foodstuffs (O.J. No. L203, 12.8.2003, p. 40), and Commission Directive 2004/16/EC laying down the sampling methods and the methods of analysis for the official control of the levels of tin in canned foods (O.J. No. L42, 13.2.2004, p. 16). These Regulations – provide that it is an offence to – place on the market certain foods if they contain contaminants of any kind specified in the Commission Regulation at levels exceeding those specified (subject to a derogation applicable to certain types of lettuce and spinach), use food containing such contaminants at such levels as ingredients in the production of certain foods, mix foods which do not comply with the maxima referred to above with foods which do not, mix foods to which the Commission Regulation relates and which are intended for direct consumption with foods to which the Commission Regulation relates and which are intended to be sorted or otherwise treated prior to consumption, or detoxify by chemical treatment food not complying with the limits specified in the Commission Regulation (regulation 3); specify the enforcement authorities (regulation 4); prescribe requirements in relation to the analysis of samples of foods subject to the Commission Regulation, and in doing so modify Article 29 of the Food Safety (Northern Ireland) Order 1991 in its application to the taking of samples of the foods concerned (regulation 5); provide a defence in relation to exports in implementation of Articles 2 and 3 of Council Directive 89/397/EEC on the official control of foodstuffs, as read with the ninth recital to that Directive (O.J. No. L186, 30.6.89, p. 23) (regulation 6); provide for the application of specified provisions of the Food Safety (Northern Ireland) Order 1991 for the purposes thereof (regulation 7); subject to regulation 9, provide for the re-dispatch to non-member States of imported food that fails to comply with certain requirements of regulation 3 but does not pose a serious risk to human health and the destruction of such food where it does pose such a risk (regulation 8); establish a process by which food that would otherwise have to be re-dispatched or destroyed under regulation 8 can nevertheless be placed on the market (regulation 9); and include transitional provisions (regulations 10 and 11). These Regulations also revoke the Tin in Food Regulations (Northern Ireland) 1992 (regulation 12).

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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