The Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Document Number:2019 No. 962
 
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Statutory Instruments

Exiting The European Union, Northern Ireland

Animals, Northern Ireland

Seeds, Northern Ireland

Food, Northern Ireland

Made

21 st May 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State, in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(1) , makes the following Regulations.

In accordance with paragraph 1(3) of Schedule 7 to the European Union (Withdrawal) Act 2018 , a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 Introductory

Citation, application, commencement and interpretation

  1. —(1) These Regulations may be cited as the Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.

    (2) These Regulations come into force on the later of exit day or the day after the day on which they are made.

    (3) These Regulations extend to Northern Ireland only.

    PART 2 Amendment of Animal Health Legislation

    The Control of Salmonella in Poultry Scheme Order (Northern Ireland) 2008

  2. In the Control of Salmonella in Poultry Scheme Order (Northern Ireland) 2008(2) , in the Schedule, before paragraph 3(a) , insert—

    “(za) Commission Regulation (EC) No 2160/2003 on the control of salmonella and other food-borne zoonotic agents;”.

    The Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009

  3. In the Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009(3) , in the Schedule, before paragraph 3(a) , insert—

    “(za) Commission Regulation (EC) No 2160/2003 on the control of salmonella and other food-borne zoonotic agents;”.

    The Control of Salmonella in Turkey Flocks Scheme Order (Northern Ireland) 2010

  4. In the Control of Salmonella in Turkey Flocks Scheme Order (Northern Ireland) 2010(4) , in the Schedule, before paragraph 3(a) , insert—

    “(za) Commission Regulation (EC) No 2160/2003 on the control of salmonella and other food-borne zoonotic agents;”.

    PART 3 Amendment of the Beef and Veal Labelling Regulations (Northern Ireland) 2010

    The Beef and Veal Labelling Regulations (Northern Ireland) 2010

  5. —(1) The Beef and Veal Labelling Regulations (Northern Ireland) 2010(5) are amended as follows.

    (2) In regulation 5(1)(a)(vi) after “third countries)” insert “, as read with Article 15 za (transitional provisions)”.

    (3) After regulation 5(3) insert—

    “(4) Paragraph (1)(b)(ii) shall not apply in relation to a failure to comply with Article 2(2)(b) of Commission Regulation 1825/2000 if the matter constituting the alleged contravention—

    (a) relates to a product that was placed on the market on or before 31 December 2020; and

    (b) would not have constituted a contravention of that Regulation as it applied immediately before exit day.”.

    PART 4 Amendment of the Seed Potatoes Regulations (Northern Ireland) 2016

    The Seed Potatoes Regulations (Northern Ireland) 2016

  6. The Seed Potatoes Regulations (Northern Ireland) 2016(6) are amended as follows.

  7. In regulation 1(2) , for “European Union and Switzerland”, substitute “United Kingdom”.

  8. In regulation 2—

    (a) in the definition of “basic seed potatoes”, for paragraph (b) , substitute—

    “(b) in relation to seed potatoes produced outside Northern Ireland, seed potatoes imported into Northern Ireland in a package or container to which has been affixed an official label, stating that the potatoes were certified as basic seed potatoes and the grade, in accordance with—

    (i) in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

    (ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to paragraphs 1(1) , (2) , (3) , 2 and 3 of Schedule 2;

    (iii) in the case of seed potatoes produced in a member State or Switzerland, Article 13(1)(a) of Council Directive 2002/56/EC;”;

    (b) in the definition of “category”, omit “in accordance with the Swiss trade agreement”;

    (c) in the definition of “certification”, for paragraph (b) , substitute—

    “(b) in relation to seed potatoes produced outside Northern Ireland, certification by the certification authority, in accordance with—

    (i) in the case of seed potatoes where produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

    (ii) in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 10(2) , (3) and (5);

    (iii) in the case of seed potatoes produced in a member State or Switzerland, Article 3(1)(a) of Council Directive 2002/56/EC;

    and “certified” is to be construed accordingly;”;

    (d) in the definition of “certification authority”, omit “for the purposes of Council Directive 2002/56/EC”;

    (e) after the definition of “Council Directive 2002/53/EC”, insert—

    ““Crown Dependency” means the Isle of Man or any of the Channel Islands;”;

    (f) in the definition of “grade”, after “includes”, insert “the UK grade and the”;

    (g) in the definition of “official document”, for paragraph (b) , substitute—

    “(b) in relation to seed potatoes produced outside Northern Ireland, a document issued or approved by the...

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