European Communities (Hygiene of Foodstuffs) Regulations, 2006

• Jurisdiction: Ireland
• Citation: IR SI 369/2006
• Year: 2006

S.I. No. 369 of 2006

European Communities (Hygiene of Foodstuffs) Regulations 2006

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) and for the purpose of giving further effect to Regulation (EC) No. 852/20041 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, as affected by the Corrigendum to Regulation (EC) No. 852/2004,2 hereby make the following regulations:

PART 1 Preliminary 1. These Regulations may be cited as the European Communities (Hygiene of Foodstuffs) Regulations 2006. 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 Chief Medical Scientist located at an official laboratory,

(b) a Consultant Microbiologist located at an official laboratory,

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

(d) a Deputy Public Analyst located at a Public Analyst's Laboratory,

or

(e) a Public Analyst located at a Public Analyst's Laboratory;

“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;

“EC Regulation” means Regulation (EC) No. 852/20041 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, as affected by the Corrigendum to Regulation (EC) No. 852/20042 ;

“food business operator” means a food business operator as defined in the General Food Law Regulation, insofar as such operator has responsibility for -

(a) any stage of production, processing or distribution of -

(i) food of non-animal origin,

(ii) food of animal origin sold directly to the final consumer,

(iii) food of animal origin insofar as the food business supplies such food from a retail establishment to other retail establishments where such supply is a marginal localised and restricted activity as defined in national law, or

(iv) food containing both products of plant origin and processed products of animal origin, or

(b) the import or export of foods of non-animal origin or food containing both products of plant origin and processed products of animal origin,

or any related activities, after those stages to which Article 4(1) of the EC Regulation applies;

“General Food Law Regulation” means Regulation (EC) No. 178/20023 of the European Parliament and of the Council of 28 January 2002 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;

“official agency” means the Health Service Executive established under section 6 of the Health Act 2004 (No. 42 of 2004), carrying out functions pursuant to these Regulations under a service contract with, and acting on behalf of, the Authority pursuant to section 48 of the Act of 1998;

“Official Controls Regulation” means Regulation (EC) No. 882/20044 of the European Parliament and of the Council of 29 April 2004 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 Public Analyst's Laboratory, Cork,

(b) the Public Analyst's Laboratory, Dublin,

(c) the Public Analyst's Laboratory, Galway,

(d) the Public Health Laboratory, Limerick,

(e) the Public Health Laboratory, Sligo,

(f) the Public Health Laboratory, Waterford,

(g) the Public Health Microbiology Laboratory, Cork,

(h) the Public Health Microbiology Laboratory, Dublin, or

(i) the Public Health Microbiology Laboratory, Galway;

“Regulations of 1950” means the Food Hygiene Regulations 1950 ( S.I. No. 205 of 1950 ), as amended;

“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 EC Regulation or in the General Food Law Regulation has unless the context otherwise requires, the same meaning in these Regulations as it has in the EC Regulation 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 Annex is to an Annex to the EC Regulation, unless it is indicated that reference to some other instrument is intended.

PART 2 General Provisions 3. A food business operator who fails to comply with Article 3 of the EC Regulation is guilty of an offence. 4. (1) A food business operator who fails to comply with the general hygiene requirements laid down in Annex II to the EC Regulation is guilty of an offence.

(2) Where a food business operator derogates from the general hygiene requirements referred to in paragraph (1) in accordance with the derogations set down in Commission Directive 96/3/EC5 of 26 January 1996, as amended by Commission Directive 2004/4/EC6 of 15 January 2004, and in Commission Directive 98/28/EC7 of 29 April 1998, he or she is not guilty of an offence.

(3) A food business operator who fails to adopt any specific hygiene measures required in accordance with Article 4(3)(b), (c), (d) or (e) of the EC Regulation, where the criteria, requirements or targets referred to in Article 4(4) have been adopted in respect of that specific hygiene measure in accordance with Article 14(2) of the EC Regulation, is guilty of an offence.

(4) A food business operator who fails to carry out sampling and analysis methods laid down in accordance with Article 14(2), as referred to in Article 4(4) of the EC Regulation, is guilty of an offence. 5. (1) A food business operator who fails to comply with the requirements of Article 5(1) and (2) of the EC Regulation is guilty of an offence.

(2) A food business operator is guilty of an offence if the operator -

(a) fails to provide the official agency with the evidence required by the official agency, in the manner that the official agency requires taking account of the nature and size of the food business, of the operator's compliance with Article 5(1) of the EC Regulation,

(b) fails to ensure that the documents describing the procedures developed in accordance with Article 5 of the EC Regulation are up-to-date at all times, or

(c) fails to retain such documents and records, as the operator is obliged to retain pursuant to Article 5(4)(c) of the EC Regulation, for the periods specified in paragraphs (3), (4) and (5).

(3) In the case of foodstuffs requiring the indication of a ‘use by’ date in accordance with Article 10 of Directive 2000/13/EC8 of the European Parliament and of the Council of 20 March 2000, the documents and records shall be retained for three months after the expiry of the relevant ‘use by’ date.

(4) In the case of foodstuffs requiring the indication of a ‘best before’ or ‘best before end’ date in accordance with Article 9 of Directive 2000/13/EC8 of the European Parliament and of the Council of 20 March 2000, the documents and records shall be retained for one year after the expiry of the relevant ‘best before’ or ‘best before end’ date, as the case may be.

(5) In the case of foodstuffs for immediate consumption, the documents and records shall be retained for three months after the sale of the foodstuff. 6. (1) A food business operator who fails to notify the official agency of each establishment under its control in the manner the official agency requires, with a view to the registration of each such establishment, is guilty of an offence.

(2) A food business operator who fails to provide the official agency, with any or all up-to-date information on each establishment under its control including by notifying any significant change in activities and any closure of an existing establishment, is guilty of an offence.

(3) A food business operator who fails to ensure that each establishment under its control is approved by the official agency, when approval is required under Article 6(3) of the EC Regulation, is guilty of an offence.

(4) Regulation 6(1) does not apply to a food business operator in respect of a food premises which was registered or provisionally registered, or in respect of a food stall which was licensed, on 31 December 2005 under the Regulations of 1950. Such premises and stalls shall be deemed to be registered for the purposes of Article 6 of the EC Regulation. 7. (1) A food business operator importing food of non-animal origin or food containing both products of plant origin and processed products of animal origin, who fails to comply with a requirement of the EC Regulation is not guilty of an offence, if conditions recognised by the Community to be at least equivalent to that requirement, or the requirements of a specific agreement between the Community and the exporting country, have been complied with in accordance with Article 11 of the General Food Law Regulation.

(2) A food business operator exporting food of non-animal origin or food containing both products of plant origin and processed products of animal origin who fails to comply with a requirement of the EC Regulation is not guilty of an offence if the non-compliance with the relevant requirements of food law is permitted in accordance with...