European Communities (Certain Contaminants In Foodstuffs) Regulations, 2010

• Jurisdiction: Ireland
• Citation: IR SI 218/2010
• Year: 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th May, 2010.

I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), having regard to Council Regulation (EEC) No. 315/93 of 8 February 1993 1 laying down Community procedures for contaminants in food, and for the purpose of giving effect to Commission Regulation (EC) No. 1881/2006 of 19 December 2006 2 regarding setting maximum levels for certain contaminants in foodstuffs, as amended by Commission Regulation (EC) No. 1126/2007 of 28 September 2007 3 , Commission Regulation (EC) No. 565/2008 of 18 June 2008 4 , Commission Regulation (EC) No. 629/2008 of 2 July 2008 5 , Commission Regulation (EU) No. 105/2010 of 5 February 2010 6 and Commission Regulation (EU) No. 165/2010 of 26 February 2010 7 , and for the purpose of giving further effect to Commission Regulation (EC) No. 401/2006 of 23 February 2006 8 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs and for the purpose of giving effect to Commission Regulation (EC) No. 1882/2006 of 19 December 2006 9 laying down methods of sampling and analysis for the official control of the levels of nitrates in certain foodstuffs, Commission Regulation (EC) No. 1883/2006 of 19 December 2006 10 laying down methods of sampling and analysis for the official control of levels of dioxins and dioxin-like PCBs in certain foodstuffs, Commission Regulation (EC) No. 333/2007 of 28 March 2007 11 laying down the methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs and Commission Regulation (EU) No. 178/2010 of 2 March 2010 12 amending Regulation (EC) No. 401/2006 as regards groundnuts (peanuts), other oilseeds, tree nuts, apricot kernels, liquorice and vegetable oil, hereby make the following regulations—

PART 1 Preliminary

1. These Regulations may be cited as the European Communities (Certain Contaminants in Foodstuffs) Regulations 2010.

2. (1) In these Regulations—

“Act of 1998” means the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998);

“approved examiner” means—

(a) a Chemist at the State Laboratory,

(b) a Deputy Public Analyst located at a Public Analyst’s Laboratory,

(c) an Executive Analytical Chemist located at a Public Analyst’s Laboratory,

(d) a Public Analyst located at a Public Analyst’s Laboratory,

(e) a Scientific or Technical Officer at the Marine Institute,

(f) a Senior Chemist at the State Laboratory,

(g) the Senior Chemist at the Marine Institute,

(h) the State Chemist at the State Laboratory, or

(i) a person, or member of a class of persons, designated by the Minister pursuant to Regulation 27;

“authorised officer” means an authorised officer appointed under section 49 of the Act of 1998;

“Authority” means the Food Safety Authority of Ireland, established under section 9 of the Act of 1998;

“Commission Regulation (EC) No. 401/2006” means Commission Regulation (EC) No. 401/2006 of 23 February 20068 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs as amended by Commission Regulation (EU) No. 178/2010 of 2 March 201012;

“Commission Regulation (EC) No. 1881/2006” means Commission Regulation (EC) No. 1881/2006 of 19 December 20062 regarding setting maximum levels for certain contaminants in foodstuffs, as amended by Commission Regulation (EC) No. 1126/2007 of 28 September 20073, Commission Regulation (EC) No. 565/2008 of 18 June 20084, Commission Regulation (EC) No. 629/2008 of 2 July 20085, Commission Regulation (EU) No. 105/2010 of 5 February 20106 and Commission Regulation (EU) No. 165/2010 of 26 February 20107;

“Commission Regulation (EC) No. 1882/2006” means Commission Regulation (EC) No. 1882/2006 of 19 December 20069 laying down methods of sampling and analysis for the official control of the levels of nitrates in certain foodstuffs;

“Commission Regulation (EC) No. 1883/2006” means Commission Regulation (EC) No. 1883/2006 of 19 December 200610 laying down methods of sampling and analysis for the official control of levels of dioxins and dioxin-like PCBs in certain foodstuffs;

“Commission Regulation (EC) No. 333/2007” means Commission Regulation (EC) No. 333/2007 of 28 March 200711 laying down the methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs;

“contaminant” means any substance not intentionally added to food which is present in such food as a result of the production (including operations carried out in crop husbandry, animal husbandry and veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food, or as a result of environmental contamination. (This definition does not cover extraneous matter such as insect fragments, animal hair, etc.);

“EU Regulations” means Council Regulation (EEC) No. 315/93 of 8 February 1993 1 laying down Community procedures for contaminants in food, Commission Regulation (EC) No. 1881/2006 of 19 December 2006 2 regarding setting maximum levels for certain contaminants in foodstuffs, as amended by Commission Regulation (EC) No. 1126/2007 of 28 September 2007 3 , Commission Regulation (EC) No. 565/2008 of 18 June 2008 4 , Commission Regulation (EC) No. 629/2008 of 2 July 2008 5 , Commission Regulation (EU) No. 105/2010 of 5 February 2010 6 and Commission Regulation (EU) No. 165/2010 of 26 February 2010 7 and as regards laying down methods of sampling and analysis for the official control of the levels of certain contaminants in foodstuffs, Commission Regulation (EC) No. 401/2006 of 23 February 2006 8 , Commission Regulation (EC) No. 1882/2006 of 19 December 2006 9 , Commission Regulation (EC) No. 1883/2006 of 19 December 2006 10 , Commission Regulation (EC) No. 333/2007 of 28 March 2007 11 , and Commission Regulation (EU) No. 178/2010 of 2 March 2010 12 ;

“Foodstuffs” have the same meaning as “food” (or “foodstuff”) as defined in Article 2 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 200213, 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;

“General Food Law Regulation” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002 13 , 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;

“Marine Institute” means the Marine Institute, established under section 3 of the Marine Institute Act 1991 (No. 2 of 1991);

“Minister” means the Minister for Health and Children;

“official agency” means an official agency carrying out functions under a service contract and acting on behalf of the Authority, pursuant to section 48 of the Act of 1998;

“Official Controls Regulation” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council of 29 April 2004 14 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules;

“official laboratory” means–

(a) the Marine Institute,

(b) the Public Analyst’s Laboratory, Cork,

(c) the Public Analyst’s Laboratory, Dublin,

(d) the Public Analyst’s Laboratory, Galway,

(e) the State Laboratory, or

(f) a laboratory designated by the Minister pursuant to Regulation 27;

“service contract” means a contract entered into between the Authority and the official agency pursuant to section 48 of the Act of 1998.

(2) A word or expression which is used in these Regulations and which is also used in the EU Regulations or in the General Food Law Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the EU Regulations, or in the General Food Law Regulation.

(3) (a) A reference in these Regulations to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended.

(b) A reference in these Regulations to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(c) A reference in these Regulations to a Schedule is to a Schedule to these Regulations, unless it is indicated that reference to some other Regulations is intended.

(d) A reference in these Regulations to an Article is to an Article of the EU Regulations, unless it is indicated that reference to some other instrument is intended.

3. The competent authority for the purposes of the EU Regulations and of these Regulations shall be–

(a) the Authority, or

(b) an official agency.

PART 2 General Provisions — Setting Maximum Levels for Certain Contaminants in Foodstuffs

4. A person shall not place foodstuffs on the market unless they comply with the provisions laid down in these Regulations and in the EU Regulations.

5. A person shall not place on the market foodstuffs containing a contaminant in an amount which is unacceptable from the public health viewpoint and, in particular, at a toxicological level.

6. (1) For the purposes of this Regulation and of Regulations 7 to 11, all references to “the Annex” mean the Annex to Commission Regulation (EC) No. 1881/2006 of 19 December 20062, as amended by Commission Regulation (EC) No. 1126/2007 of 28 September 20073, Commission Regulation (EC) No. 565/2008 of 18 June 20084 and Commission Regulation (EC) No. 629/2008 of 2 July 20085 Commission Regulation (EU)...