Statutory Rules of Northern Ireland
2004 No. 33

FOOD
Novel Foods and Novel Food Ingredients Regulations (Northern Ireland) 2004

Made
5th February 2004

Coming into operation
15th March 2004

The Department of Health, Social Services and Public Safety(1) in exercise of the powers conferred on it by Articles 15(1)(a), (e) and (f), 16(2), 17(1)(a) and (b), 25(1)(a) and (3), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991(2) and of all other powers enabling it in that behalf, having had regard in accordance with Article 47(3A) of the said Order to relevant advice given by the Food Standards Agency and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council 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(3) and in accordance with Article 47(3) and (3B) of the said Order, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Novel Foods and Novel Food Ingredients Regulations (Northern Ireland) 2004 and shall come into operation on 15th March 2004.

Interpretation

2.—(1) In these Regulations –

“the Agency” means the Food Standards Agency;

“novel food” and “novel food ingredients” have the meaning given in Article 1(2) of Regulation (EC) No. 258/97(4);

“the Order” means the Food Safety (Northern Ireland) Order 1991;

“Regulation (EC) No. 258/97” means Regulation (EC) No. 258/97 of the European Parliament and of the Council concerning novel foods and novel food ingredients;

“specified Community provision” means a provision of Regulation (EC) No. 258/97 specified in column 1, and described in column 2, of the Schedule.

(2) Other expressions used in these Regulations have the same meanings as in Regulation (EC) No. 258/97, and in these Regulations any reference to a numbered article is a reference to the article so numbered in Regulation (EC) No. 258/97.

Requests relating to novel foods and novel food ingredients

3.  Any request made pursuant to Article 4.1 of Regulation (EC) No. 258/97 shall be submitted for processing to the Agency which shall be the food assessment body for the purposes of that Regulation.

Enforcement

4.  Each district council shall, within its district, enforce and execute the provisons of Regulation (EC) No. 258/97 and these Regulations.

Offences and penalties

5.  Any person who contravenes any of the specified Community provisions shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Application of various provisions of the Order

6.  The following provisions of the Order shall apply for the purposes of these Regulations and any reference in those provisions to the Order shall be construed for the purposes of these Regulations as a reference to these Regulations –

(a)Articles 2(4) and 3 (extended meaning of sale etc.);

(b)Article 4 (presumptions that food intended for human consumption);

(c)Article 19 (offences due to fault of another person);

(d)Article 20 (defence of due diligence) as it applies for the purposes of Article 7, 13 or 14 of the Order;

(e)Article 30(8) (which relates to documentary evidence);

(f)Article 36 (punishment of offences) in so far as it relates to offences under Article 34(1) and (2).

Application of Articles 33 and 34 of the Order

7.  Articles 33 (powers of entry) and 34 (obstruction, etc., of officers) of the Order shall apply for the purposes of these Regulations as they apply for the purposes of the Order, and any reference in paragraph (1) of each of those Articles to the Order shall be construed for the purposes of these Regualtions as including a reference to the specified Community provision.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 5th February 2004.

L.S.
Deirdre Kenny
A Senior Officer of the
Department of Health, Social Services and Public Safety

Regulation 2

SCHEDULESPECIFIED COMMUNITY PROVISIONS

Provision of Regulation (EC) No. 258/97

Subject matter

1.  Article 3.1

Requirement that foods and food ingredients falling within the scope of the Regulation must not be dangerous, misleading or differ from the foods or food ingredients they are intended to replace so as to be nutritionally disadvantageous.

2.  Article 3.2

Requirement that, subject to Article 3.3, specified procedures shall apply for the purposes of placing on the market the foods and food ingredients falling within the scope of the Regulation.

3.  Article 4.1

Requirement that the person responsible for placing on the Community market (“the applicant”) submit a request to the Member State in which the product is to be first marketed and at the same time transmit a copy of the request to the Commission.

4.  Article 5

Requirement that in the case of foods or food ingredients referred to in Article 3(4) the applicant notify the Commission of the placing on the market when he does so.

5.  Article 6.1

Requirement that the request referred to in Article 4.1 contain specified information and be accompanied by specified documentation.

6.  Article 6.4

Requirement that the applicant provide a copy of specified information if requested by a Member State.

7.  Article 8.1

Requirement that labelling inform the final consumer of any characteristic or food property which renders a novel food or food ingredient no longer equivalent to an existing food or food ingredient.

8.  Article 9.1

Requirement that the information required in the request for placing on the market mentioned in Article 6.1 be accompanied by specified information and documentation where a food or food ingredient falling within the scope of the Regulations contains or consists of a genetically modified organism.

Explanatory Note

(This note is not part of the Regulations.)
These Regulations provide for the enforcement and execution of certain specified provisions of Regulation (EC) No. 285/97 of the European Parliament and of the Council concerning novel foods and novel food ingredients (O.J. No. L43, 14.2.97, p. 1).
In particular these Regulations –
(a)designate the Food Standards Agency as the food assessment body for the purposes of Regulation (EC) No. 285/97 (regulation 3);
(b)appoint district councils to enforce and execute the provisions of Regulation (EC) No. 285/97 and of these Regulations (regulation 4);
(c)specify certain provisions of Regulation (EC) No. 285/97 and establish penalties for contravening those provisions (regulation 5 and the Schedule).


(1)
Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.1), Article 3

(2)
S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28

(3)
O.J. No. L31, 1.2.2002, p. 1

(4)
O.J. No. L43, 14.2.97, p. 1