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(1) These Regulations may be cited as the Food Safety, Food Hygiene and Official Controls (Sprouting Seeds and Miscellaneous Amendments) Regulations (Northern Ireland) 2013 and come into operation on 31st December 2013.
(2) The Interpretation Act (Northern Ireland) 1954 applies to these Regulations as it applies to an Act of the Northern Ireland Assembly.
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(1) The General Food Regulations (Northern Ireland) 2004 are amended in accordance with paragraphs (2) and (3).
(2) In regulation 2(1) (interpretation) for the definition of “Regulation (EC) No 178/2002” substitute—“
 “Regulation (EC) No 178/2002” means 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, as read with Commission Implementing Regulation (EU) No 931/2011 on the traceability requirements set by Regulation (EC) No 178/2002 of the European Parliament and of the Council for food of animal origin, and with Commission Implementing Regulation (EU) No 208/2013 on traceability requirements for sprouts and seeds intended for the production of sprouts”.
(3) In regulation 6(2) (enforcement) after “Article 14” insert “, Article 18 in so far as it relates to food business operators”.
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(1) The Food Hygiene Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) and (3).
(2) In Article 2(1)(interpretation) in the definition of “the Community Regulations” omit “Regulation 1162/2009” and for “and Regulation 28/2012”” substitute “, Regulation 28/2012”, “Regulation 702/2013” and Regulation 1079/2013””.
(3) In Schedule 1 (Definitions of EU Legislation)—
(a) omit the definition of “Regulation 1162/2009”;
(b) in the definition of “Regulation 852/2004” for “and as read with Regulation 2073/2005” substitute “, as read with Regulation 2073/2005 and with Commission Regulation (EU) No 210/2013 on the approval of establishments producing sprouts pursuant to Regulation (EC) No 852/2004 of the European Parliament and of the Council”;
(c) in the definition of “Regulation 853/2004” for “Regulation 1162/2009” substitute “Regulation 1079/2013”;
(d) in the definition of “Regulation 854/2004” for “Regulation 1162/2009” substitute “Regulation 1079/2013”;
(e) in the definition of “Regulation 882/2004” for “Regulation 1162/2009” substitute “Regulation 702/2013”; and
(f) at the end of the schedule, insert—“
 “Regulation 702/2013” means Commission Implementing Regulation (EU) No. 702/2013 on transitional measures for the application of Regulation (EC) No.882/2004 of the European Parliament and of the Council as regards the accreditation of official laboratories carrying out official testing for trichinella;;
 “Regulation 1079/2013” means Commission Regulation (EU) No 1079/2013 laying down transitional measures for the application of Regulations (EC) No.853/2004 and EC No.854/2004 of the European Parliament and of the Council.”.
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(1) The Official Feed and Food Controls Regulations (Northern Ireland) 2009 are amended in accordance with paragraphs (2) and (3).
(2) In regulation 2(1) (interpretation)
(a) for “Regulation 1162/2009” substitute “Regulation 702/2013”; and
(b) for the definition of “the Import Provisions” substitute—“
 “the Import Provisions” means Part 3 of these Regulations, Article 14 of Regulation 882/2004 in so far as it applies to official controls to verify compliance with aspects of feed or food law not covered by Directive 97/78/EC, Articles 15 to 24 of Regulation 882/2004, Regulation 669/2009 and Commission Regulation (EU) No 211/2013 on certification requirements for imports into the Union of sprouts and seeds intended for the production of sprouts;”.
(3) In regulation 39 (offences and penalties), after paragraph (1) insert—“
(1A) Any person who imports into Northern Ireland or places on the market any sprouts or seeds intended for sprouting which do not comply with the certification requirements of Article 3 of Commission Regulation (EU) No 211/2013 on certification requirements for imports into the Union of sprouts and seeds intended for the production of sprouts shall be guilty of an offence.”.
(4) In Schedule 1 (Definitions of EU Legislation)—
(a) Omit the definition of “Regulation 1162/2009”;
(b) in the definition of “Regulation 853/2004” for “Regulation 1162/2009” substitute “Regulation 1079/2013”;
(c) in the definition of “Regulation 882/2004” for “Regulation 1162/2009” substitute “Regulation 702/2013”;
(d) at the end, insert—“
 “Regulation 702/2013” means Commission Implementing Regulation (EU) No. 702/2013 on transitional measures for the application of Regulation (EC) No.882/2004 of the European Parliament and of the Council as regards the accreditation of official laboratories carrying out official testing for trichinella.”.
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In Article 8(5)(a) of the Food Safety (Northern Ireland) Order 1991 for “4(a)” substitute “4(b)”.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 9th December 2013.
Linda Devlin
A senior officer of the Department of Health, Social Services and Public Safety
