European Communities (Food and Feed Hygiene) Regulations, 2009

• Jurisdiction: Ireland
• Citation: IR SI 432/2009
• Year: 2009

S.I. No. 432 of 2009

EUROPEAN COMMUNITIES (FOOD AND FEED HYGIENE) REGULATIONS 2009

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. Undesirable substances in feedingstuffs

7. Notice of import of feed

8. Provision relating to salmonella

9. Maintenance of Register, etc.

10. Records

11. Forgery

12. Appointment of authorised officer

13. Functions of authorised officer

14. Search warrant

15. Compliance notice

16. Appeal against compliance notice

17. Emergency measures

18. Fixed penalty notice

19. Fees

20. Obstruction, etc.

21. Contravention of Regulation (EC) No. 178/2002

22. Contravention of Regulation (EC) No. 852/2004

23. Contravention of Regulation (EC) No. 853/2004

24. Contravention of Regulation (EC) No. 183/2005

25. Contravention of Regulation (EC) No. 2073/2005

26. Contravention of Regulation (EC) No. 2074/2005

27. Contravention of Regulation (EC) No. 2075/2005

28. Contravention of these Regulations

29. Service

30. Penalties and prosecutions

31. Evidence on certificate, etc.

32. Revocations and savers

S.I. No. 432 of 2009

EUROPEAN COMMUNITIES (FOOD AND FEED HYGIENE) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th October, 2009.

I, Brendan Smith, Minister for Agriculture, Fisheries 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 No. 2002/32 of the European Parliament and of the Council of 7 May 2002 1 as amended by Commission Directive No. 2003/57/EC of 17 June 2003 2 , Commission Directive No. 2003/100/EC of 31 October 2003 3 , Commission Directive No. 2005/8/EC of 27 January 2005 4 , Commission Directive No. 2005/86/EC of 5 December 2005 5 , Commission Directive No. 2005/87/EC of 5 December 2005 6 , Commission Directive No. 2006/13/EC of 3 February 2006 7 , Commission Directive No. 2006/77/EC of 29 September 2006 8 , Commission Directive No. 2008/76/EC of 25 July 2008 9 , Commission Directive No. 2009/8/EC of 10 February 200910, and giving full effect to Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002 11 (as amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council of 22 July 2003 12 , and Commission Regulation (EC) No. 575/2006 of 7 April 2006 13 ), Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 2004 14 (as amended by Commission Regulation (EC) No. 1019/2008 of 17 October 2008 15 ), Regulation (EC) No. 853/2004 of the European Parliament and of the Council of 29 April 2004 16 (as amended by Commission Regulation (EC) No. 1662/2006 of 6 November 2006 17 , Commission Regulation (EC) No. 1243/2007 of 24 October 2007 18 , and Commission Regulation (EC) No. 1020/2008 of 17 October 2008 19 ); Regulation (EC) No. 854/2004 of the European Parliament and of the Council of 29 April 2004 20 (as amended by Regulation (EC) No. 882/2004 of the European Parliament and of the Council of 29 April 2004 21 , Commission Regulation (EC) No. 2074/2005 of 5 December 2005 22 , Commission Regulation (EC) No. 2076/2005 of 5 December 2005 23 , Commission Regulation (EC) No. 1020/2008 of 17 October 2008 24 , Commission Regulation (EC) No. 1021/2008 of 17 October 2008 25 , Commission Regulation (EC) No. 1663/2006 of 6 November 2006 26 , Commission Regulation (EC) No. 1666/2006 of 6 November 2006 27 , and Council Regulation (EC) No. 1791/2006 of 20 November 2006 28 ), Regulation (EC) No. 882/2004 of the European Parliament and of the Council of 29 April 2004 29 , (as amended by Commission Regulation (EC) No. 776/2006 of 23 May 2006 30 and Council Regulation (EC) No. 1791/2006 of 20 November 2006 31 ); Regulation (EC) No. 183/2005 of the European Parliament and of the Council of 12 January 2005 32 ; Commission Regulation (EC) No. 2073/2005 of 15 November 2005 33 (as amended by Commission Regulation (EC) No. 1441/2007 of 5 December 2007 34 ); Commission Regulation (EC) No. 2074/2005 of 5 December 2005 35 (as amended by Commission Regulation (EC) No. 1664/2006 of 6 November 2006 36 , Commission Regulation (EC) No. 1244/2007 of 24 October 2007 37 , and Commission Regulation (EC) No. 1022/2008 of 31 August 2007 38 ); Commission Regulation (EC) No. 2075/2005 of 5 December 2005 39 , (as amended by Commission Regulation (EC) No. 1665/2006 of 6 November 2006 40 and Commission Regulation (EC) No. 1245/2007 of 24 October 2007 41 ); Commission Regulation (EC) No. 2076/2005 of 5 December 2005 42 (as amended by Commission Regulation (EC) No. 1666/2006 of 6 November 2006 43 , Commission Regulation (EC) No.1246/2007 of 24 October 2007 44 , Commission Regulation (EC) No. 1020/2008 of 17 October 2008 45 , Commission Regulation (EC) No. 1021/2008 of 17 October 2008 46 , and Commission Regulation (EC) No. 1023/2008 of 17 October 2008 47 ), hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the European Communities (Food and Feed Hygiene) Regulations 2009 and come into operation on 1 November 2009.

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, or authorised officer within the meaning of section 53, of the Abattoirs Act 1988 (No. 8 of 1988),

(c) an authorised officer within the meaning of the Food Safety Authority of Ireland Act 1998 (No.29 of 1998),

(d) a sea-fisheries protection officer (within the meaning of section 16 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006)),

(e) a person who, immediately before the making of these Regulations, was an authorised officer within the meaning of the Regulations of 2005 (other than a person appointed under 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 )),

(f) an authorised officer within the meaning of the European Communities (Marketing Standards for eggs) Regulations 2009 ( S.I. No. 140 of 2009 ),

(g) a member of an Garda Síochána,

(h) an officer of Customs and Excise, or

(i) a person appointed under Regulation 12.

“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 85 of the Local Government Act 2001 (No. 37 of 2001), the county or county borough;

“Minister” means Minister for Agriculture, Fisheries 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, such a thing;

“registering authority” means the person to whom application is made or should be made in accordance with Regulation 3;

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

“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 No. 178/2002;

“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 No. 178/2002 and Regulation No. 852/2004) as amended by Commission Regulation (EC) No. 2074/2005 of 5 December 2005, Commission Regulation (EC) No. 2076/2005 of 5 December 2005, Commission Regulation (EC) No. 1662/2006 of 6 November 2006, Commission Regulation (EC) No. 1666/2006 of 6 November 2006 and Commission Regulation (EC) No. 1019/2008 of 17 October 2008;

“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 No. 178/2002, Regulation No. 852/2004 and Regulation 853/2004) as amended by Regulation (EC) No. 882/2004 of 29 April 2004, Commission Regulation (EC) No. 2074/2005 of 5 December 2004, Commission Regulation (EC) No. 2076/2005 of 5 December 2004, Commission Regulation (EC) No. 1663/2006 of 6 November 2006, Commission Regulation (EC) No. 1666/2006 of 6 November 2006 and Commission Regulation (EC) No. 1020/2008 of 17 October 2008;

“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 No. 178/2002) as amended by Commission Regulation (EC) No. 1020/2008 of 17 October 2008 and Commission Regulation (EC) No. 1021/2008 of 17 October 2008;

“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 No. 178/2002;

“Regulations of 2005” means the European Communities (Food and Feed Hygiene) Regulations 2005 ( S.I. No. 910 of 2005 ).

(2) A word or expression that is used in Regulation No....