The Condensed Milk and Dried Milk Regulations (Northern Ireland) 2018

Document Number:2018 No. 77
 
FREE EXCERPT

Statutory Rules of Northern Ireland

Food

Made

27 th March 2018

Coming into operation

23 rd April 2018

The Department of Health(1) makes the following Regulations in exercise of the powers conferred on it by Articles 15(1)(a) and (e) , 16(1) , 25(1) and (3) , 26(3) , 32(1) and 47(2) of the Food Safety (Northern Ireland) Order 1991(2) and paragraph 1 A of Schedule 2 to the European Communities Act 1972(3).

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department of Health, that it is expedient for references to the European instruments and the Annex to the European instrument specified in regulation 2(4) to be construed as a reference to that instrument as amended from time to time.

In accordance with Article 47(3 A) of that Order, it has had regard to relevant advice given by the Food Standards Agency.

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(4) as last amended by Regulation (EC) No 652/2014 of the European Parliament and of the Council laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material(5) , there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Citation and commencement

  1.   These Regulations may be cited as the Condensed Milk and Dried Milk Regulations (Northern Ireland) 2018 and come into operation on 23 rd April 2018.

    Interpretation

  2. —(1) In these Regulations

    “designated product” means any product specified in the second column of the table in Schedule 1 (as read with the Notes to that Schedule) ready for delivery to a final consumer or to a mass caterer;

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

    “partly dehydrated milk” means the liquid product, whether or not sweetened, obtained by the partial removal of water from milk, wholly or partly skimmed milk or a mixture of those products and includes such a product to which cream or totally dehydrated milk (or both) has been added, provided that the addition of totally dehydrated milk does not exceed, in the finished product, 25% of total milk solids;

    “reserved description”, as respects any designated product, means any description specified in relation to that product in the first column of the table in Schedule 1 or any alternative description permitted by Schedule 2;

    “sell” includes offer or expose for sale or have in possession for sale;

    “totally dehydrated milk” means the solid product, where the water content does not exceed 5% by weight of the finished product, obtained by removal of water from milk, wholly or partly skimmed milk, cream or a mixture of those products; and

    “total milk solids” means all the constituents of milk other than water, including milk fat, the constituents other than milk fat being present in their natural proportions.

    (2) In this regulation, “final consumer” means any person who buys otherwise than for—

    (a) resale;

    (b) a mass caterer;

    (c) a manufacturing business.

    (3) In this regulation, “mass caterer” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the final consumer and is ready for consumption without further preparation and, for the purposes of this definition, “preparation” includes manufacture and any form of processing or treatment.

    (4) In these Regulations, references to the following European instruments and Annex are references to those instruments and that Annex as amended from time to time—

    (a) Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives(6) as last amended by Commission Regulation (EU) 2018/97 amending Annex II to Regulation (EC) No 1333/2008 as regards the use of sweeteners in fine bakery wares(7);

    (b) Regulation (EC) No 1925/2006 of the European...

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