European Communities (Food Imitations) (Safety) Regulations, 1991

• Jurisdiction: Ireland
• Citation: IR SI 265/1991
• Year: 1991

S.I. No. 265 of 1991.
EUROPEAN COMMUNITIES (FOOD IMITATIONS) (SAFETY) REGULATIONS, 1991.
I, DESMOND O'MALLEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purposes of giving effect to Council Directive 87/357/EEC of 25 June, 1987(1), hereby make the following Regulations:
(1) O.J. No. L 192/49, 11.7.1987.
	1 Citation and Commencement.	1. (1)These Regulations may be cited as European Communities (Food Imitations) (Safety) Regulations, 1991.
(2) These Regulations shall come into operation on the 1st day of November, 1991.
	2 Interpretation.	2. (1) In these Regulations—
"authorised officer" means a person appointed under Regulation 6 of these Regulations to be an authorised officer for the purposes of these Regulations;
"the Council Directive" means Council Directive 87/357/EEC of 25 June, 1987;
"the Director" means the Director of Consumer Affairs and Fair Trade;
"place on the market" means—
(a) import,
(b) sell,
(c) offer or expose for sale,
(d) distribute free of charge, or
(e) supply by a manufacturer for any of those purposes; and cognate words shall be construed accordingly;
"the Minister" means the Minister for Industry and Commerce.
(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Council Directive.
	3 Scope.	3. These Regulations apply to those produces to which Council Directive 87/357/EEC of 25 June, 1987 applies, being those products which, although not foodstuffs, possess a form, odour, colour, appearance, packaging, labelling, volume or size, such that it is likely that consumers, especially children, will confuse them with foodstuffs and in consequence place them in their mouths, or suck or ingest them, which might be dangerous and cause, for example, suffocation, poisoning, or the perforation or obstruction of the digestive tract.
	4 ..	4. No person shall manufacture, place on the market or export any of the products to which these Regulations apply.
	5 Prohibitions.	5. (1) Where the Minister or the Director is of opinion that a person is manufacturing, placing on the market or exporting a product in contravention of Regulation 4 of these Regulations he may by direction in writing given to that person prohibit him from manufacturing, placing the product on the market or exporting it and he may, if he thinks fit, cause a notice to be published in at least one national daily newspaper notifying the public of the prohibition.
(2) The Minister or the Director may, as he thinks fit, withdraw a direction given by him under paragraph (1) of this Regulation.
(3) Any trader or importer who is affected by a direction given under paragraph (1) of this Regulation may appeal to the High Court against the direction and the Court, as it thinks proper, may annul or confirm the direction.
(4) A document purporting to be a direction given by the Minister or the Director under paragraph (1) of this Regulation and to be signed by the Minister or the Director (as the case may be) shall be received in evidence and deemed to be such a direction without further proof, unless the contrary is shown.
(5) Where notice is to be served on a person under this Regulation it shall be addressed to him and may be served on, given or sent to him in some one of the following ways:
(a) where it is addressed to him by name, by delivering it to him,
(b) by leaving it at the address at which he carries on business or ordinarily resides, or, in a case in which an address for service has been furnished, at that address,
(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he carries on business or ordinarily resides, or, in a case in which an address for service has been furnished, at...