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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Products Containing Meat etc. Regulations (Northern Ireland) 2014 No. 285 URL: http://www.bailii.org/nie/legis/num_reg/2014/nisr_2014285_en_1.html |
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Statutory Rules of Northern Ireland
Food
Made
18th November 2014
Coming into operation
13th December 2014
The Department of Health, Social Services and Public Safety(1) makes the following Regulations in exercise of the powers conferred by Articles 15(1)(a), (e) and (f), 25(1)(a), (2)(e) and (3), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991(2).
In accordance with Article 47(3A) of the Food Safety (Northern Ireland) Order 1991, it has had regard to relevant advice given by the Food Standards Agency.
As required by Article 9 of Regulation (EC) No. 178/2002 (3) 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, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
1. These Regulations may be cited as the Products Containing Meat etc. Regulations (Northern Ireland) 2014 and come into operation on 13th December 2014.
2. In these Regulations-
"EEA State" means a Member State (other than the United Kingdom), Norway, Iceland and Liechtenstein;
"FIC" means Regulation (EU) No 1169/2011(4) of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;
"ingredient" has the meaning given in Article 2(2)(f) of FIC;
"meat" means the skeletal muscles of mammalian and bird species recognised as fit for human consumption with naturally included or adherent tissue but does not include mechanically separated meat as defined in point 1.14 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(5);
"regulated product" means a food that contains one of the following as an ingredient (whether or not the food also contains any other ingredient)-
meat;
mechanically separated meat as defined in point 1.14 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council;
the heart, the tongue, the muscles of the head (other than the masseters), the carpus, the tarsus, or the tail of any mammalian or bird species recognised as fit for human consumption;
"the Order" means the Food Safety (Northern Ireland) Order 1991;
"sell" includes offer or expose for sale and includes have in possession for sale; and
"uncooked", in relation to a food, means a food that has not been subjected to a process of cooking throughout the whole food so that the food is sold on the basis that it will need further cooking before consumption.
3. (1) Subject to paragraphs (2) and (3), these Regulations apply to food that is ready for delivery to the final consumer or to a mass caterer.
(2) These Regulations do not apply in respect of any food-
(a)that is not intended for sale for human consumption; or
(b)to which the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations (Northern Ireland) 2003(6) apply.
(3) These Regulations do not apply to any product that is brought into Northern Ireland from another part of the United Kingdom, an EEA State or from the Republic of Turkey in which it was lawfully marketed.
(4) In this regulation-
"final consumer" has the meaning given in point 18 of Article 3 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; and
"mass caterer" has the meaning given in Article 2(2)(d) of FIC.
4. (1) A person must not sell or advertise a regulated product using a name that appears in column 1 of the table of Schedule 1 as the name of the food, whether or not qualified by other words, unless the food complies with the appropriate requirements in columns 2 and 3 of that table.
(2) A person must not sell or advertise a food using a name that appears in column 1 of the table in Schedule 1, whether or not qualified by other words, in such a way as to suggest, either expressly or by implication, that the product designated by that name is an ingredient of the food, unless that product is an ingredient of the food and that product complied with the appropriate requirements in columns 2 and 3 of the table in Schedule 1 at the time it was used as an ingredient in the preparation of the food.
5. (1) Subject to paragraph (3), a person must not sell an uncooked regulated product if any part of a carcase specified in paragraph (2) has been used as an ingredient in the preparation of that product.
(2) The specified parts of a carcase are the brains, feet, large intestine, lungs, oesophagus, rectum, small intestine, spinal cord, spleen, stomach, testicles and udder from any mammalian species.
(3) The prohibition in paragraph (1) does not extend to the use of a mammalian large or small intestine solely as a sausage skin.
(4) In this regulation "sausage" includes chipolata, frankfurter, link, salami and any similar product.
6. It is the duty of each district council within its district to enforce these Regulations.
7. (1) Article 9(1) and (2) of the Order (improvement notices) apply for the purposes of these Regulations with the following modification.
(2) For paragraph (1), substitute-
"(1) If an authorised officer has reasonable grounds for believing that a person is failing to comply with regulations 4(1), (2) or 5(1) of the Products Containing Meat etc. Regulations (Northern Ireland) 2014, the authorised officer may, by a notice served on that person (in this Order referred to as an "improvement notice")-
(a)state the officer's grounds for believing that the person is failing to comply with the relevant provision;
(b)specify the matters which constitute the person's failure so to comply;
(c)specify the measures which, in the officer's opinion, the person must take in order to secure compliance; and
(d)require the person to take those measures, or measures that are at least equivalent to them, within such a period (not being less than 14 days) as may be specified in the notice.".
8. (1) Article 37 of the Order (appeals) applies for the purposes of these Regulations as modified by paragraphs (2) and (3).
(2) For paragraph (1) substitute "Any person who is aggrieved by a decision of an authorised officer to serve an improvement notice under Article 9(1) as applied and modified by regulation 7 of the Products Containing Meat etc. Regulations (Northern Ireland) 2014 may appeal to a court of summary jurisdiction.".
(3) In paragraph (2A)(b) for "(1)(a)", substitute "(1) as applied by regulation 7 of the Products Containing Meat etc. Regulations (Northern Ireland) 2014,".
(4) Article 38 of the Order (appeals against improvement notices) applies for the purposes of these Regulations with the modification that "as applied by regulation 8(1) of the Products Containing Meat etc. Regulations (Northern Ireland) 2014" is inserted after "improvement notice" in each place occurring.
9. The provisions of the Order specified in column 1 of the table in Schedule 2 apply for the purposes of these Regulations with modifications specified in column 2 of that table.
10. The following Regulations are revoked-
(a)the Meat Products Regulations (Northern Ireland) 2004(7);
(b)the Meat Products (Amendment) Regulations (Northern Ireland) 2008(8); and
(c)regulation 18(4) of the Food Additives Regulations (Northern Ireland) 2009(9).
Sealed with the official seal of the Department of Health, Social Services and Public Safety on 18th November 2014.
Julie Thompson
A senior officer of the Department of Health, Social Services and Public Safety
Regulation 4
In this Schedule-
"cured meat" means a food consisting of meat and curing salt, whether or not the food also contains any other ingredient;
"curing salt" means-
sodium chloride, if used in sufficient quantity to have a significant preserving effect on the food;
potassium chloride, if used in sufficient quantity to have a significant preserving effect on the food;
a combination of any of sodium chloride, potassium chloride, sodium nitrate, potassium nitrate and sodium nitrite as authorised for use in Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives(10), except for a combination of sodium chloride and potassium chloride; or
a combination of sodium chloride and potassium chloride, if used in sufficient quantity to have a significant preserving effect on the food.
| Column 1 | Column 2 | Column 3 | ||
|---|---|---|---|---|
| Name of food | Meat or cured meat content requirements | Additional requirements | ||
| The food must contain not less than the indicated percentage of meat, where the meat ingredient consists of the following: | ||||
| Meat or, as the case may be, cured meat from pigs only | Meat or, as the case may be, cured meat from birds only, rabbits only, or a combination of birds and rabbits only | Meat or, as the case may be, cured meat from other species or other mixtures of meat | ||
| 1. Burger - whether or not forming part of another word, but excluding any name falling within items 2 or 3 of this table | 67% | 55% | 62% | 1. Where the name "burger" is qualified by the name of a type of cured meat, the food must contain a percentage of meat of the type from which the named type of cured meat is prepared at least equal to the minimum required meat content for that food 2. Where the name "burger" is qualified by the name of a type of meat, the food must contain a percentage of that named meat at least equal to the minimum required meat content for that food 3. Where the name "burger" is used to refer to a compound ingredient consisting of a meat mixture and other ingredients, such as a bread roll, these requirements apply only to the meat mixture, as if the meat mixture were the regulated product in the labelling or advertising of which the name was used as the name of the food |
| 2. Economy Burger - whether or not "burger" forms part of another word | 50% | 41% | 47% | 1. Where the name "economy burger" is qualified by the name of a type of cured meat, the food must contain a percentage of meat of the type from which the named type of cured meat is prepared at least equal to the minimum required meat content for that food 2. Where the name "economy burger" is qualified by the name of a type of meat, the food must contain a percentage of that named meat at least equal to the minimum required meat content for that food 3. Where the name "economy burger" is used to refer to a compound ingredient consisting of a meat mixture and other ingredients, such as a bread roll, these requirements apply only to the meat mixture, as if the meat mixture were the regulated product in the labelling or advertising of which the name was used as the name of the food |
| 3. Hamburger - whether or not forming part of another word | 67% | Not applicable | 62% | 1. Where the name "hamburger" is used, the meat used in the preparation of the food must be beef, pork or a mixture of both 2. Where the name "hamburger" is qualified by the name of a type of meat, the food must contain a percentage of that named meat at least equal to the minimum required meat content for that food 3. Where the name "hamburger" is used to refer to a compound ingredient consisting of a meat mixture and other ingredients, such as a bread roll, these requirements apply only to the meat mixture, as if the meat mixture were the regulated product in the labelling or advertising of which the name was used as the name of the food |
| 4. Chopped X, there being inserted in place of "X" the name "meat" or "cured meat" or the name of a type of meat or cured meat, whether or not there is also included the name of a type of meat | 75% | 62% | 70% | No additional requirement |
| 5. Corned X, there being inserted in place of "X" the name "meat" or the name of a type of meat, unless qualified by words which include the name of a food other than meat | 120% | 120% | 120% | 1. The food must consist wholly of meat that has been corned 2. Where the name of the food includes the name of a type of meat, the meat used in the preparation of the food must be wholly of the named type 3. The total fat content of the food must not exceed 15% |
6. Luncheon meat or luncheon X, there being inserted in place of "X" the name of a type of meat or cured meat | 67% | 55% | 62% | No additional requirement |
7. Meat pie or meat pudding - the name "pie" or "pudding" qualified by the name of a type of meat or cured meat unless qualified also by the name of a food other than meat or cured meat- | No additional requirement | |||
| (a) based on the weight of the ingredients when the food is uncooked | 12.5% | 12.5% | 12.5% | |
(b) but if the food weighs- (i) not more than 200 g and not less than 100 g | 11% | 11% | 11% | |
| (ii) less than 100 g | 10% | 10% | 10% | |
| Game pie- | No additional requirement | |||
| (a) based on the weight of the ingredients when the food is uncooked | 12.5% | 12.5% | 12.5% | |
(b) but if the food weighs- (i) not more than 200 g and not less than 100 g | 11% | 11% | 11% | |
| (ii) less than 100 g | 10% | 10% | 10% | |
| 8. Scottish pie or Scotch pie - | 10% | 10% | 10% | No additional requirement |
| based on the weight of the ingredients when the food is uncooked | ||||
| 9. The name "pie" or "pudding" qualified by the words "meat" or "cured meat" or by the name of a type of meat or cured meat and also qualified by the name of a food other than meat or cured meat- | No additional requirement | |||
| (a) where the former (meat-related) qualification precedes the latter | 7% | 7% | 7% | |
(b) where the latter (non-meat-related) qualification precedes the former Based, in both cases, on the weight of the ingredients when the food is uncooked | 6% | 6% | 6% | |
10. Pasty, pastie Bridie or sausage roll - | 6% | 6% | 6% | No additional requirement |
| based on the weight of the ingredients when the food is uncooked | ||||
| 11. Sausage (excluding the name "sausage" when qualified by the words "liver" or "tongue" or both), chipolata, link or sausage meat- | No additional requirement | |||
| (a) where the name is qualified by the name "pork" but not by the name of any other type of meat | 42% | Not applicable | Not applicable | |
| (b) in all other cases | 32% | 26% | 30% | |
1. In relation to items 4, 5 and 6, the percentages in column 2 are based on the weight of the raw meat used to make the food ("the raw meat ingredient") as a percentage of the weight of the cooked finished product. In relation to the other items, the percentages are based on the weight of the raw meat ingredient used to make the food as a percentage of the total weight of all the ingredients used to make the food (including the raw meat ingredient) at the time of their use as an ingredient.
2. The quantity of meat specified in the table is to be determined taking into account the provisions relating to total fat and connective tissue content in point 17 of Part B of Annex VII to FIC, including any downward adjustment needed in a case where the total fat and connective tissue content in the regulated product exceeds the values indicated in the table in point 17 of Part B of Annex VII to FIC.
Regulation 9
Column 1 Provision of the Order | Column 2 Modifications |
|---|---|
| Article 2(4) (interpretation) | For "this Order" substitute "the Products Containing Meat etc. Regulations (Northern Ireland) 2014". |
Article 3 (application to food offered as prizes, etc.) | For "this Order" substitute "the Products Containing Meat etc. Regulations (Northern Ireland) 2014" in each place occurring. |
Article 4 (presumptions that food intended for human consumption) | For "this Order" substitute "the Products Containing Meat etc. Regulations (Northern Ireland) 2014". |
| Article 19 (offences due to fault of another person) | For "any of the preceding provisions of this Part" substitute "Article 9(2), as applied by regulation 7(1) of the Products Containing Meat etc. Regulations (Northern Ireland) 2014,". |
| Article 20(1) and (5) (defence of due diligence) | In paragraph (1), for "any of the preceding provisions of this Part" substitute "Article 9(2), as applied by regulation 7(1) of the Products Containing Meat etc. Regulations (Northern Ireland) 2014,". |
| Article 30(8) (which relates to documentary evidence) | For "this Order" substitute "the Products Containing Meat Regulations (Northern Ireland) 2014". |
Article 34 (obstruction etc of officers) | In paragraph (1), for "this Order" (in each place occurring) substitute "the Products Containing Meat etc. Regulations (Northern Ireland) 2014". |
Article 36(1) and (2) (punishment of offences) | In paragraph (1), after "Article 34(1)", insert ", as applied and modified by regulation 9 of, and Schedule 2 to, the Products Containing Meat etc. Regulations (Northern Ireland) 2014,". After paragraph (1), insert- "(1A) A person guilty of an offence under Article 9(2), as applied by regulation 7(1) of the Products Containing Meat etc. Regulations (Northern Ireland) 2014, shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.". In paragraph (2)- (a) for "any other offence under this Order", substitute "an offence under Article 34(2), as applied by regulation 9 of, and Schedule 2 to, the Products Containing Meat etc. Regulations (Northern Ireland) 2014 ,"; and (b) in paragraph (b), for "relevant amount" substitute "statutory maximum". |
(This note is not part of the Regulations)
These Regulations revoke and replace the Meat Products Regulations (Northern Ireland) 2004 (S.R. 2004 No. 13, as amended).
Regulation 3 sets out the scope of the Regulations.
The Regulations prohibit the use of specified names in the sale and advertising of regulated products if the products do not satisfy specific compositional requirements (regulation 4 and Schedule 1).
The Regulations prohibit, subject to an exception, the sale of uncooked regulated products which include among their ingredients specified parts of the carcase of any mammalian species of animal (regulation 5).
The Regulations impose an obligation on district councils to enforce the Regulations (regulation 6).
The Regulations apply Article 9(1) and (2) of the Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I.7) with modifications, enabling an improvement notice to be served to require compliance with regulations 4(1), (2) or 5(1) (regulation 7). The provisions, as applied, make the failure to comply with an improvement notice an offence. In addition, the Regulations apply Article 37 and 38 of the Food Safety (Northern Ireland) Order 1991 with modifications, enabling a decision to serve an improvement notice to be appealed (regulation 8).
The provisions, as applied, make the failure to comply with an improvement notice an offence.
The Regulations also apply certain other provisions of the Food Safety (Northern Ireland) Order 1991, with modifications (regulation 9 and Schedule 2).
As well as revoking the Meat Products Regulations (Northern Ireland) 2004, the Regulations revoke the Meat Products (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 82) and regulation 18(4) of the Food Additives Regulations (Northern Ireland) 2009 (regulation 10).
Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.1) Article 3(6)
S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 and S.R. 2004 Nos. 482 and 505
OJ No L 31, 1.2.2002, p1, last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council (OJ No L 189, 27.6.2014, p1)
OJ No L 304, 22.11.2011, p 18, last amended by Commission Delegated Regulation (EU) No 78/2014 (OJ No L 27, 30.1.2014, p 7)
OJ No L 139, 30.4.2004, p 55, last amended by Commission Regulation (EU) No 633/2014 (OJ No L 175, 14.6.2014, p 6)
S.R. 2004 No. 13, as amended by S.R. 2008 No.82
OJ No L 354, 31.12.2008, p 16, last amended by Commission Regulation (EU) No 1093/2014 (OJ No L299, 17.10.2014 p.22)
