European Communities (Food and Feed Hygiene) Regulations, 2005

• Jurisdiction: Ireland
• Citation: IR SI 910/2005
• Year: 2005

S.I. No. 910 of 2005
European Communities (Food and Feed Hygiene) Regulations 2005
Arrangement of Regulations 1. Citation and commencement 2. Interpretation 3. Registration of food business and feed business 4. Approval of food business and feed business 5. Certificate of approval 6. Maintenance of Register etc. 7. Records 8. Appointment of authorised officer 9. Powers of an authorised officer 10. Search warrant 11. Compliance notice 12. Fixed penalty notice 13. Evidence on certificate etc. 14. Fees 15. Forgery 16. Service 17. Obstruction etc. 18. Offences 19. Revocations and savers Schedule 1 Schedule 2
S.I. No. 910 of 2005
European Communities (Food and Feed Hygiene) Regulations 2005
I, Mary Coughlan, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving effect to Directive 2004/41/EC of the European Parliament and of the Council of 21 April 20041 and giving further effect to Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 20042 , Regulation (EC) No. 853/2004 of the European Parliament and of the Council of 29 April 20043 , Regulation (EC) No. 854/2004 of the European Parliament and of the Council of 29 April 20044 , Regulation (EC) No. 882/2004 of the European Parliament and of the Council of 29 April 20045 , Regulation (EC) No. 183/2005 of the European Parliament and of the Council of 12 January 20056 , hereby make the following Regulations-
	Citation and commencement	1. These Regulations may be cited as the European Communities (Food and Feed Hygiene) Regulations 2005 and come into operation on 1 January 2006.
	Interpretation	2.(1) In these Regulations-
“authorised officer” means-
(a) an authorised officer within the meaning of section 17A (inserted by the Diseases of Animals (Amendment Act 2001 (No. 3 of 2001)) of the Diseases of Animals Act 1966 (No. 6 of 1966),
(b) a veterinary inspector within the meaning of section 35 of, or authorised officer within the meaning of section 53 of the Abattoirs Act 1988 (No. 8 of 1988),
(c) a person who, immediately before the making of these Regulations, was an authorised officer within the meaning of-
(i) the European Communities (Egg Products Regulations 1991 ( S.I. No. 293 of 1991 ),
(ii) the European Communities (Meat Products and Other Products of Animal Origin) Regulations 1995 ( S.I. No. 126 of 1995 ),
(iii) the European Communities (Rabbit Meat and Farmed Game Meat) Regulations 1995 ( S.I. No. 278 of 1995 ),
(iv) the European Communities (Wild Game Regulations 1995 ( S.I. No. 298 of 1995 ),
(v) the European Communities (Fresh Poultrymeat Regulations 1996 ( S.I. No. 3 of 1996 ),
(vi) the European Communities (Hygienic production and placing on the market of raw milk, heat treated milk and milk-based products Regulations, 1996 ( S.I. No. 9 of 1996 ),
(vii) the European Communities (Minced Meat and Meat Preparations) Regulations 1996 ( S.I. No. 243 of 1996 ),
(viii) the European Communities (Fresh Meat Regulations 1997 ( S.I. No. 434 of 1997 ),
(ix) the European Communities (Approval and Registration of Establishments and Intermediaries in the Animal Feed Sector Regulations 1999 ( S.I. No. 88 of 1999 ), or
(x) an authorised officer within the meaning of the European Communities (Animal Nutrition Inspections) Regulations 2003 ( S.I. No. 238 of 2003
(d) a member of the Garda Siochána,
(e) an officer of Customs and Excise, or
(f) a person appointed under Regulation 8.
“local authority” means the council of a county or the corporation of a county borough and the functional area of the local authority means subject to an agreement under section 59 of the Local Government Act 1955 (No. 9 of 1955), the county or county borough;
“Minister” means the Minister for Agriculture and Food;
“premises” includes land (including land under water) with or without buildings, an establishment, a vehicle (including a boat, ship hovercraft, aircraft or offshore installation (being an offshore installation within the meaning of the Safety, Health and Welfare (Offshore Installations) Act 1987 (No. 18 of 1987)), railway wagon container or other thing used in connection with, or ancillary to, a thing aforesaid;
“registering authority” means the person to whom application is required to be made in accordance with Regulation 3(2);
“Regulation No. 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 2004 and, in so far as is required by Article 2(2) thereof, Articles 2 and 3 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 20022 ;
“Regulation No. 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council of 29 April 2004 and, in so far as is required by Article 2 thereof, Articles 2 and 3 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002 and Regulation No. 852/2004;
“Regulation No. 854/2004” means Regulation (EC) No. 854/2004 of the European Parliament and of the Council of 29 April 2004 (and, in so far as is required by Article 2(2) thereof, Regulation No. 1774/ 2002 of the European Parliament and of the Council of 3 October 2002 Articles 2 and 3 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002, Regulation No. 852/2004 and Regulation 853/2004) as amended by Regulation (EC No. 882/2004 of the European Parliament and of the Council of 29 April 2004;
“Regulation No. 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council of 29 April 2004 and, in so far as is required by Article 2 thereof, Articles 2 and 3 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002;
“Regulation No. 183/2005” means Regulation No. (EC) 183/2005 of the European Parliament and of the Council of 12 January 2005 and, in so far as is required by Article 3 thereof, Articles 2 and 3 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002;
(2) A word or expression that is used in Regulation No. 852/2004, Regulation No. 853/2004, Regulation No. 854/2004, Regulation no. 882/2004 or Regulation No. 183/2005 and that is also used in these Regulations has, in these Regulations, the same meaning as in Regulation No. 852/2004, Regulation No. 853/2004, Regulation No. 854/2004, Regulation No. 882/2004 or Regulation No. 183/2005.
(3) In these Regulations, unless the contrary intention appears, a reference to a Regulation or Schedule is to a reference in these Regulations and a reference to a paragraph or subparagraph is to a paragraph or subparagraph of the provision in which the reference occurs.
	Registration of food business and feed business	3.(1) Without prejudice to Regulation 4, a person required to make an application in accordance with paragraph (2) shall not operate-
(a) a food business unless his or her name, the name and address of the establishment and the nature of the food business operated in the establishment, or
(b) a feed business unless his or her name, the name and address of the establishment and the nature of the feed business operated in the establishment,
is entered in the register maintained for the purposes of -
(i) Article 6 of Regulation No. 852/2004 (“Register of Food Businesses”), or
(ii) Article 9 of Regulation No. 183/2005 (“Register of Feed businesses”).
(2) An application for registration in respect of -
(a) a primary producer (other than a primary producer to whom subparagraph (b) relates) shall be in a form and contain any information that the Minister may require,
(b) a primary producer engaged in hunting game shall be in a form and contain any information that the Minister for the Environment, Heritage and Local Government may require,
(c) subject to subparagraph (e), a feed business or food business to which immediately before the making of these Regulations -
(i) the European Communities (Egg Products Regulations 1991 ( S.I. No. 293 of 1991 ),
(ii) the European Communities (Meat Products and Other Products of Animal Origin) Regulations 1995 ( S.I. No. 126 of 1995 ),
(iii) the European Communities (Rabbit Meat and Farmed Game Meat) Regulations 1995 ( S.I. No. 278 of 1995 ),
(iv) the European Communities (Wild Game Regulations 1995 ( S.I. No. 298 of 1995 ),
(v) the European Communities (Fresh Poultrymeat Regulations 1996 ( S.I. No. 3 of 1996 ),
(vi) the European Communities (Hygienic production and placing on the market of raw milk, heat treated milk and milk-based products Regulations 1996 ( S.I. No. 9 of 1996 ),
(vii) the European Communities (Minced Meat and Meat Preparations) Regulations 1996 ( S.I. No. 243 of 1996 ), or
(viii) the European Communities (Fresh Meat Regulations 1997 ( S.I. No. 434 of 1997 ),
(ix) the European Communities (Approval and Registration of Establishments and Intermediaries in the Animal Feed Sector Regulations 1999 ( S.I. No. 88 of 1999 ),
applied or, but for the making of these Regulations, would apply shall be in a form and contain any information that the Minister may require,
(d) an abattoir or other premises to which, immediately before the making of these Regulations, the Abattoirs Act 1988 applies, or, but for the making of these Regulations, would apply, shall be in a form and contain any information that the local authority in whose functional area the abattoir is situate may require,
(e) a premises to which, immediately before the making of these Regulations-
(i) Regulation 6 of the European Communities (Meat Products and Other...