European Union (Temporary Increase of Official Controls and Emergency Measures on Imports of Food and Feed of Non-Animal Origin) Regulations 2020

• Jurisdiction: Ireland
• Citation: IR SI 9/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th January, 2020.

I, Michael Creed, Minister for Agriculture, Food and the Marine, 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 further effect to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 20171 , Article 53 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 20022 and partial effect to Commission Implementing Regulation (EU) 2019/1793 of 22 October 20193 , hereby make the following regulations:

PART 1

Citation

1. These Regulations may be cited as the European Union (Temporary Increase of Official Controls and Emergency Measures on Imports of Food and Feed of Non-animal Origin) Regulations 2020.

Application

2. (1) Subject to paragraph (2), these Regulations apply to-

(a) food of non-animal origin listed in Annexes (I) or (II) to Regulation 2019/1793 that has, in or on such food, possible non-compliance with the maximum allowed levels of pesticide residues, or

(b) feed listed in Annexes (I) or (II) to Regulation 2019/1793

that is imported into the State from a country other than a Member State.

(2) These Regulations do not apply to consignments of food or feed of a gross weight not exceeding 30 kg—

(a) which are destined to a private person for personal consumption or use only, or

(b) sent as trade samples, laboratory samples or as display items for exhibitions, that are not intended to be placed on the market or are sent to be used for scientific purposes.

(3) These Regulations shall be deemed to be food legislation for the purposes of the Act of 1998.

Interpretation

3. (1) In these Regulations-

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

“authorised officer” means-

(a) an authorised officer appointed under section 49 of the Act of 1998,

(b) a person appointed under Regulation 11,

(c) an officer of the Revenue Commissioners, or

(d) a member of the Garda Síochána;

“consignment” has the meaning assigned to it by Article 3(37) of Regulation 2017/625;

“EU Regulations” means Regulation 2017/625 and Regulation 2019/1793;

“General Food Law Regulation” means Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 as amended by Regulation (EC) No 1642/2003 of the European Parliament and of the Council of 22 July 20034 , Commission Regulation (EC) No 575/2006 of 7 April 20065 , Commission Regulation (EC) No 202/2008 of 4 March 20086 , Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 20147 , Commission Regulation (EU) 2017/228 of 9 February 20178 , Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 20199 and Regulation (EU) 2019/1381 of the European Parliament and of the Council of 20 June 201910 ;

“Minister” means Minister for Agriculture, Food and the Marine;

“official detention” has the meaning assigned to it by Article 3(47) of Regulation 2017/625;

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

“Regulation 2019/1793” means Commission Implementing Regulation (EU) 2019/1793 of 22 October 2019.

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

PART 2

GENERAL PROVISIONS

Official Controls

4. The Minister may carry out official controls on food or feed of non-animal origin imported into the State from a country other than a Member State, in accordance with Chapter V of Title II of EC Regulation 2017/625 and Regulation 2019/1793.

Official Detention

5. The Minister may order, for as long as is necessary, the official detention of consignments of food or feed of non-animal origin imported into the State from countries other than Member States where that is required to fulfil the Minister’s obligations under Chapter V of Title II of EC Regulation 2017/625.

Non-Compliance

6. Where official controls carried out under Chapter V of Title II of EC Regulation 2017/625 establish non-compliance with the EU Regulations, the General Food Law Regulations or these Regulations, the Minister may detain and take further measures to deal with the non-compliant consignment in accordance with Article 66 or 138(2) of Regulation 2017/625.

Consignment Is Injurious To Health

7. Where the official controls carried out under Chapter V of Title II of EC Regulation 2017/625 indicate that a consignment is injurious to human or animal health, or unsafe, the Minister may deal with the consignment in accordance with Article 67 or 138(2) of that Regulation.

Action of Minister

8. (1) The Minister may allow the re-dispatch of consignments only where the conditions laid down in Article 72 of EC Regulation 2017/625 are satisfied.

(2) The Minister may destroy a consignment referred to in paragraph (1) after the expiry of 60 days following the day on which the Minister decided on the destination of the consignment, unless a delay in re-dispatch is justified to the Minister.

Additional Measures

9. The Minister shall apply additional measures to certain food and feed of non-animal origin to which these Regulations relate, including—

(a) food business operators or feed business operators may only import consignments of such food and feed into the State through a designated border control post for the particular product (a list of such border control posts shall be published on an internet website maintained by the Minister);

(b) food business operators, feed business operators or their representatives shall, in accordance with Article 56(4) of EC Regulation 2017/625, at least 1 working day prior to the arrival of a consignment of such food or feed, notify the Minister at the particular designated border control post of the pending arrival, by means of the common health entry document;

(c) where a consignment of such food or feed is not presented for official controls, or is not presented in accordance with any specific requirements established in accordance with Article 56, 58 or 59 of EC Regulation 2017/625, the Minister may order that the consignment be recalled and placed under official detention without delay and that it then be either destroyed or re-dispatched in accordance with Article 66(6) of Regulation 2017/625;

(d) consignments of such food or feed shall be subject to an increased level of official controls at designated border control posts, in accordance with Article 65(4) of Regulation 2017/625;

(e) the release for free circulation of consignments of such food or feed shall be in accordance with Article 4 of Regulation 2019/1793;

(f) a food business operator or feed business operator shall make available to the Minister any resources, logistics or equipment required in accordance with Article 15 of Regulation 2017/625;

(g) where official controls establish non-compliance, an authorised officer may complete the relevant Part of the common health entry document and apply Section III of Chapter V of Title II as appropriate.

Reasoning

10. The Minister shall provide the food business operator or the feed business operator concerned, or their representative with-

(a) written notification of its decision concerning action to be taken together with the reasons for its decision, and

(b) information on the right of appeal against such decision.

PART 3

Appointment of authorised officer

11. (1) The Minister may appoint in writing such persons or classes of persons as he or she considers appropriate to be authorised officers for the exercise of all or any of the functions conferred on an authorised officer under these Regulations, as specified in the appointment.

(2) The Minister may terminate the appointment of an authorised officer appointed by him or her, whether or not the appointment was for a fixed period or specified purpose.

(3) An appointment as an authorised officer ceases—

(a) if it is terminated pursuant to paragraph (2),

(b) if it is for a fixed period, on the expiry of that period,

(c) if it is for a specified purpose, on the completion of that purpose, or

(d) if the person appointed is an officer of the Minister, upon the person ceasing to be such an officer.

(4) Nothing in paragraph (3) is to be construed so as to prevent the Minister from reappointing as an authorised officer a person to whom that paragraph relates.

(5) An authorised officer appointed under this Regulation shall be furnished with a warrant of his or her appointment and, when exercising a power conferred on him or her, the officer, an officer of the Revenue Commissioners or a member of the Garda Síochána shall, if requested by a person affected, produce the warrant or evidence that he or she is such an officer or member to the person.

Functions of authorised officer

12. (1) For the purposes of the EU Regulations, the General Food Law Regulations or these Regulations an authorised officer may—

(a) enter and inspect, at all reasonable times, any premises if he or she is carrying out an official control or other official activity for the purposes of the EU Regulations, the General Food Law Regulations or these Regulations or where he or she has reasonable grounds for believing that—

(i) food or feed of non-animal origin or other thing to which the EU Regulations, the General Food Law Regulations or these Regulations relates is, may be or has been present,

(ii) a record relating to food or feed of non-animal origin or other thing to which the EU Regulations, the General Food Law Regulations or these Regulations relates is...