
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.
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;
 “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.
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.
4 
Each district council shall, within its district, enforce and execute the provisons of Regulation (EC) No. 258/97 and these Regulations.
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.
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).
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.
Deirdre Kenny
A Senior Officer of the
Department of Health, Social Services and Public Safety

SCHEDULE
Regulation 2


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.