European Union (Official Controls in relation to Food Legislation) (Imports of Food of Non-Animal Origin) Regulations 2020

• Jurisdiction: Ireland
• Citation: IR SI 575/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th December, 2020.

ARRANGEMENT OF REGULATIONS

CONTENTS

PART 1 PRELIMINARY 1. Citation 2. Interpretation and scope 3. Food legislation PART 2 OFFICIAL CONTROLS ON IMPORTS OF FOOD OF NON-ANIMAL ORIGIN 4. Responsibility for functions under Official Controls Regulation and related legislation 5. Fees or charges for food of non-animal origin subject to official controls at border control posts 6. Supplemental provisions in relation to fees or charges 7. Official controls on imports of food of non-animal origin 8. Increased official controls on certain imports 9. Minimum requirements for border control posts PART 3 PROHIBITION ON IMPORTATION OF CERTAIN FOOD OF NON-ANIMAL ORIGIN 10. Prohibition on importation of certain food of non-animal origin PART 4 ENFORCEMENT, OFFENCES AND PENALTIES 11. Enforcement generally 12. Suspicion of non-compliance 13. Measures to be taken in cases of non-compliance 14. Measures to be taken on food of non-animal origin entering State from third countries presenting risk 15. Failure by operator to apply measures ordered 16. Re-dispatch of consignments 17. Charges for enforcement measures 18. Appeals to District Court 19. Internal appeals 20. Offences 21. Bodies corporate 22. Prosecution of offences PART 5 REVOCATIONS AND TRANSITIONAL PROVISIONS 23. Revocations 24. Transitional provisions

I, Stephen Donnelly, Minister for Health, 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 (EU) 2017/625 of the European Parliament and of the Council of 15 March 20171 , Commission Implementing Regulation (EU) 2019/1013 of 16 April 20192 , Commission Implementing Regulation (EU) 2019/1014 of 12 June 20193 , Commission Delegated Regulation (EU) 2019/1602 of 23 April 20194 , Commission Implementing Regulation (EU) 2019/1715 of 30 September 20195 , Commission Implementing Regulation (EU) 2019/1793 of 22 October 20196 , Commission Implementing Regulation (EU) 2019/2130 of 25 November 20197 , Commission Implementing Regulation (EU) 2020/625 of 6 May 20208 and Commission Implementing Regulation (EU) 2020/1540 of 22 October 20209 , hereby make the following regulations:

PART 1

PRELIMINARY

Citation

1. These Regulations may be cited as the European Union (Official Controls in relation to Food Legislation) (Imports of Food of Non-Animal Origin) Regulations 2020.

Interpretation and scope

2. (1) In these Regulations—

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

“Annex I to EU Regulation 2019/1793” means Annex I to Commission Implementing Regulation (EU) 2019/1793 of 22 October 20196 as amended by Commission Implementing Regulation (EU) 2020/625 of 6 May 20208 ;

“Annex II to EU Regulation 2019/1793” means Annex II to Commission Implementing Regulation (EU) 2019/1793 of 22 October 20196 as amended by Commission Implementing Regulation (EU) 2020/625 of 6 May 20208 and Commission Implementing Regulation (EU) 2020/1540 of 22 October 20209 ;

“Annex IIa to EU Regulation 2019/1793” means Annex IIa to Commission Implementing Regulation (EU) 2019/1793 of 22 October 20196 as inserted by Commission Implementing Regulation (EU) 2020/625 of 6 May 20208 ;

“Annex III to EU Regulation 2019/1793” means Annex III to Commission Implementing Regulation (EU) 2019/1793 of 22 October 20196 ;

“Annex IV to EU Regulation 2019/1793” means Annex IV to Commission Implementing Regulation (EU) 2019/1793 of 22 October 20196 ;

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

“Authority” means the Food Safety Authority of Ireland;

“border control post” means a place, and the facilities belonging to it, designated by the State pursuant to Article 59(1) of the Official Controls Regulation, and listed on the website www.fsai.ie for the performance of official controls on food of non-animal origin listed in Annex I to EU Regulation 2019/1793 and Annex II to EU Regulation 2019/1793;

“Common Health Entry Document” (CHED) means the document provided for in Chapter V of Title II of the Official Controls Regulation and EU Regulation 2019/1602, a model of which is set out in Section D of Part 2 of Annex II to the IMSOC Regulation, to be completed by an operator, or a representative thereof, and by the official agency confirming completion of official controls, completed in the official language, or one of the official languages of the Member States where the designated border control post is located and in English;

“consignment” means a quantity of food of non-animal origin covered by the same official certificate, official attestation or any other document, conveyed by the same means of transport and coming from the same territory or third country and being of the same type, class or description;

“EU Regulation 2019/1013” means Commission Implementing Regulation (EU) 2019/1013 of 16 April 20192 ;

“EU Regulation 2019/1014” means Commission Implementing Regulation (EU) 2019/1014 of 12 June 20193 ;

“EU Regulation 2019/1602” means Commission Delegated Regulation (EU) 2019/1602 of 23 April 20194 ;

“EU Regulation 2019/1793” means Commission Implementing Regulation (EU) 2019/1793 of 22 October 20196 as amended by Commission Implementing Regulation (EU) 2020/625 of 6 May 20208 and Commission Implementing Regulation (EU) 2020/1540 of 22 October 20209 ;

“EU Regulation 2019/2130” means Commission Implementing Regulation (EU) 2019/2130 of 25 November 20197 ;

“food business operator” has the meaning assigned to it by Regulation 2(1) of the European Communities (General Food Law) Regulations 2007 ( S.I. No. 747 of 2007 );

“food legislation” means—

(a) the Acts (including any instruments made thereunder) specified in Part I of the First Schedule to the Act of 1998 insofar as they relate to food safety and hygiene,

(b) the statutory instruments specified in Part II of the First Schedule to the Act of 1998 insofar as they relate to food safety and hygiene,

(c) the Regulations of an institution of the European Communities specified in Part III of the First Schedule to the Act of 1998 insofar as they relate to food safety and hygiene,

(d) any Act passed by the Oireachtas or any statutory instrument made thereunder or regulation made under the European Communities Act 1972 (No. 27 of 1972) and deemed to be food legislation for the purposes of the Act of 1998;

“General Food Law Regulation” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 200210 , as amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council of 22 July 200311 , Commission Regulation (EC) No. 575/2006 of 7 April 200612 , Commission Regulation (EC) No. 202/2008 of 4 March 200813 , Regulation (EU) No. 652/2014 of the European Parliament and of the Council of 15 May 201414 and Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 201715 ;

“IMSOC Regulation” means Commission Implementing Regulation (EU) 2019/1715 of 30 September 20195 ;

“Member State” means a member state of the European Economic Area;

“official agency” means the Health Service Executive, carrying out functions under food legislation pursuant to section 48 of the Act of 1998;

“Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 20171 ;

“official detention” has the meaning assigned to it by Article 3(47) of the Official Controls Regulation;

“operator” means any natural or legal person subject to one or more of the obligations provided for in food legislation, including a food business operator;

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

“third country” means a state that is not a Member State.

(2) A word or expression which is used in these Regulations and which is also used in the Official Controls Regulation, EU Regulation 2019/1014, EU Regulation 2019/1793, the General Food Law Regulation or the IMSOC Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in those Regulations.

(3) These Regulations shall not apply to food businesses engaged in activities which are subject to the European Union (Food and Feed Hygiene) Regulations 2020 ( S.I. No. 22 of 2020 ), only to the extent that the food business engages in those activities.

Food legislation

3. These Regulations, the Official Controls Regulation, EU Regulation 2019/1013, EU Regulation 2019/1014, EU Regulation 2019/1602, EU Regulation 2019/1793, EU Regulation 2019/2130 and the IMSOC Regulation shall be deemed to be food legislation for the purposes of the Act of 1998.

PART 2

OFFICIAL CONTROLS ON IMPORTS OF FOOD OF NON-ANIMAL ORIGIN

Responsibility for functions under Official Controls Regulation and related legislation

4. (1) The competent authority, as regards compliance with food legislation, for the purposes of—

(a) Chapter V of Title II of the Official Controls Regulation, EU Regulation 2019/1013, EU Regulation 2019/1014, EU Regulation 2019/1602, EU Regulation 2019/1793 and EU Regulation 2019/2130 is the Authority or the official agency, or both, as appropriate,

(b) Chapter IV of Title VI of the Official Controls Regulation and the IMSOC Regulation, insofar as it relates to TRACES, is the official agency.

(2) The functions of the State, as regards compliance with food legislation, referred to in Article 74(1) of the Official Controls Regulation shall be performed by the Authority or the official agency, or both, as appropriate.

...