S.I. No. 248/1985 - European Communities (Caseins and Caseinates) Regulations, 1985.
I, AUSTIN DEASY, Minister for Agriculture, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 83/417/EEC1 of 25 July, 1983, hereby make the following Regulations: | ||
l O.J.No.L237 of 26.8.1983, pp.25 to 31. 1. These Regulations may be cited as the European Communities (Caseins and Caseinates) Regulations, and shall come into operation on the 2nd day of August, 1985. 2. (1) In these Regulations— | ||
"authorised officer" means an officer at the Minister authorised in writing by the Minister for the purposes of these Regulations; | ||
"the Directive" means Council Directive No. 83/417/EEC of 25 July, 1983; | ||
"the Minister" means the Minister for Agriculture. | ||
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Directive. 3. These Regulations apply to the following products, namely, edible caseins and edible caseinates (and mixtures thereof) as defined in the Annexes to the Directive and intended for human consumption, but not to such products intended for export to third countries. 4. Products to which these Regulations apply may be marketed only if they conform to the definitions and rules laid down in the Directive and the Annexes thereto. 5. Caseins and caseinates which do not satisfy the criteria laid down in the Annexes to the Directive shall be named and labelled in such a way that the buyer is not misled as to their nature, quality or use. 6. The descriptions "edible acid casein", "edible rennet casein" and "edible caseinates" shall be reserved for the products so defined in the Annexes to the Directive and shall be used commercially to designate those products. 7. (1) Notwithstanding the European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 1982 ( S.I. No. 205 of 1982 ), and without prejudice to the provisions to be adopted by the Community concerning the labeling of foodstuffs not intended for the ultimate consumer, products to which these Regulations apply shall have the particulars specified in subparagraphs (a) to (f) of this paragraph marked in clearly visable, easily legible and indelible characters on the packages, containers or labels of the products:— | ||
( a ) the descriptions reserved for the products under Regulation 6 of these Regulations and with, in the case of caseinates, an indication of the cation or cations; | ||
( b ) in the case of products marketed as mixtures, | ||
— the words "mixture of ..... "followed by the descriptions of the different products which make up the mixture, in decreasing order of weight, | ||
— an indication of the cation or cations content in the case of caseinate or caseinates, | ||
—the protein content in the case of mixtures containing caseinates; | ||
( c ) the net quantity expressed in— | ||
(i) kilograms or grams, or | ||
(ii) in imperial units of measurement until the date fixed by the State in accordance with Article 1(c) of Council Directive 80/181/EEC2 on the approximation of the | ||
2 O.J. No. L39 of 15 February, 1980, p.40. | ||
laws of the Member States relating to units of measurement and on the repeal of Directive 71/354/EEC3, calculated on the basis of the following conversion rates— | ||
3 O.J. No. L243 to 29 October, 1971, p.29. | ||
—1 ml = 0.0352 fluid ounces, | ||
—11 = 1.760 pints or 0.220 gallons, | ||
—1 g = 0.0353 ounces (avoirdupois), | ||
—1 kg = 2.205 pounds; | ||
( d ) the name or business name and the address of the manufacture or packager or of a seller established within the Community; | ||
( e ) in the case of products imported from third countries, the name of the country of origin; | ||
( f ) the date of manufacture or the batch number. | ||
(2) The requirements of paragraphs 7(1)(b) to 7(1)(e) of this Regulation (other than the first and second indents of paragraph 7(1)(b)) shall be deemed to be complied with if the particulars specified therein are set out in a document accompanying the product. | ||
(3) The requirements of paragraphs 7(1)(b) to 7(1) (f) of this Regulations (other than the first indent of paragraph 7(1)(b)) shall be deemed to be complied with if the particulars specified therein are set out in a document accompanying the product transport in bulk. 8. The marketing in the State of products to which these Regulations apply is hereby prohibited unless— | ||
( a ) the particulars referred to in Regulation 7(1)(a), 7(1)(b), 7(l)(e) and 7(l)(f) of these Regulations appear in either the Irish or the English language or the purchaser is given such information by other means, and | ||
( b ) without prejudice to Community provisions to be adopted in the field of health and hygiene in connection with the basic materials referred to in the Annexes to the Directive, such products have been subjected to heat treatment which renders the phosphatase negative. 9. Nothing in these Regulations shall be construed as affecting a provision of any statute, whether passed before or after the making of these Regulations, which is justified on a ground mentioned in paragraph 2 of Article 6 of the Directive. 10. (1) An authorised officer may at any reasonable time enter and inspect any premises in which he has reasonable grounds for believing that the business of processing, storing, packaging, mixing or marketing or of importing or exporting products to which these Regulations apply is carried on or any other premises in which he believes such products (which he believes to have been landed or otherwise brought into the State) are kept, or any railway wagon, vehicle, ship, vessel or aircraft in which he believes such products are kept, and may examine the stock of such products and take samples which he finds in the course of his inspection. | ||
(2) Where a sample is taken pursuant to this Regulation, the authorised officer concerned shall— | ||
( a ) notify forthwith the appropriate person that the sample is so taken, and | ||
( b ) if so required by the appropriate person at the time of the giving of the notification, take a second sample, which shall be like the sample already so taken, and mark and leave it with the appropriate person. | ||
(3) Every person who carries on the business of processing, storing, packaging, mixing, marketing, importing or exporting products to which these Regulations apply shall— | ||
( a ) keep records of his transactions relating to such products; | ||
( b ) produce at the request of an authorised officer any books, documents or records relating to any such transactions which are in the possession or under the control of such person; | ||
( c ) permit an authorised officer to inspect and take extracts from such books, documents or records and give to the officer any information which he may reasonably require in relation to any entries therein; | ||
( d ) give to an authorised officer any information he may reasonably require in relation to such transactions, including in particular information which he may reasonably require regarding any product to which these Regulations apply and which is specified by him. | ||
(4) Any person who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him under this Regulation, or who contravenes clause (a), (b), (c) or (d) of paragraph (3) of this Regulation, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1 ,000. | ||
(5) The Minister shall furnish an authorised officer with a certificate of his appointment and, when exercising any powers conferred by these Regulations, the officer shall, if requested by any person affected, produce the certificate to that person. | ||
(6) In this Regulation "the appropriate person" means— | ||
( a ) in relation to premises, any person who appears to be or is authorised to be, for the time being, in charge of the premises, | ||
( b ) in relation to a railway wagon, vehicle, ship, vessel or aircraft, the owner or the person who is for the time being in charge thereof or the agent of such owner. 11. (1) ( a ) Where a sample is taken by an authorised officer pursuant to Regulation 10 of these Regulations and is found on examination not to comply with these Regulations, the officer may seize and retain, or seize, remove and retain the product from which the sample was taken. | ||
( b ) Where a product is seized, a person shall not tamper with or, without the permission of an authorised officer, move, dispose of or otherwise interfere in any way with the product. | ||
(2) An authorised officer may be a notice in writing given to the owner or to the person in apparent charge or control of a product which has been seized under this Regulation— | ||
( a ) require things specified in the notice to be done in relation to the product before it is released by an authorised officer, | ||
( b ) either— | ||
(i) require the disposal of the product by the person to whom the notice is given, in a manner specified in the notice and at the expense of the owner, or | ||
(ii) indicate the authorised officer's intention of disposing of the product at the expense of the owner, | ||
such disposal to be, in either case, such as will prevent the product from being used for human consumption and in case a notice given under this paragraph requires specified things to be done in relation to a product, the authorised officer shall retain control of the product to which the notice relates until the requirements of the notice have been complied with. | ||
(3) Where a notice is given under this Regulation, a person shall not, without the consent of the authorised officer by whom the notice was given, sell, move, dispose of or otherwise interfere with the product in any way pending compliance with the requirement of the notice. | ||
(4) Any person who is aggrieved by a notice given under paragraph (2) of this Regulation, which either requires the product to which it relates to the disposed of or indicates an intention to dispose of such product, may, not later than the expiration of the period of seven days beginning on the date of the notice, appeal to the District Court against the notice. | ||
(5) ( a ) Where an appeal is made to the District Court under paragraph (4) of this Regulation, that court, if it is satisfied that such product, if consumed, would constitute a danger to human health, shall order that the product be disposed of in the manner specified in the notice, or in such other manner as may be specified in the court's order and which, in the opinion of the court, will prevent the product being used for human consumption. | ||
( b ) Where an order made by the District Court under this paragraph requires the product to which it relates to be disposed of by an authorised officer, the cost of such disposal shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction from the person who was the owner of the product at the time of its seizure under this Regulation. | ||
(6) A notice under this Regulation shall not come into force unless— | ||
( a ) in case an appeal is taken against the notice, the appeal is withdrawn, | ||
( b ) in any other case, the period during which such an appeal may be taken has expired. | ||
(7) A person who— | ||
( a ) fails to comply with a requirement of a notice given under paragraph (2) of this Regulation, or | ||
( b ) contravenes paragraph (3) of this Regulation, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment. 12. An offence under these Regulations may be prosecuted by the Minister. 13. A person who contravenes these Regulations (other than a person committing an offence under Regulation 10(4) or 11(7) of these Regulations) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months. | ||
GIVEN under my Official Seal, this 23rd day of July, 1985. | ||
AUSTIN DEASY, | ||
Minister for Agriculture. | ||
EXPLANATORY NOTE. | ||
The purpose of these Regulations is to give effect to Council Directive 83/417/EEC on the approximation of laws of the Member States relating to (i) the composition and manufacturing characteristics of caseins and caseinates intended for human consumption within the community either as such or incorporated in another foodstuff and (ii) the labelling and marking of edible caseins, caseinates and mixtures thereof moving in trade within the community. These Regulations should be read together with the Council Directive. |