DRAFT  
S T A T U T O R Y  R U L E S  OF  N O R T H E R N  I R E L A N D  
2024 No. 0000  
FOOD  
The Bread  and Flour  (Amendment)  Regulations  
(Nort hern Ireland)  2024  
Made - - - - 0th Month 2024  
Coming  into operation  in accordance  with regulation  1 
The Department  of Health (a) in exercise  of the powers  conferred  on it by Articles  15(1),  17(1)(c),  
25(1)(a)  and (3), 26(3)  and 47(2)  of the Food  Safety  (Northern  Ireland)  Order  1991 (b) hereby  
makes  the following  Regulations . 
The Department  of Health  has had regard  to relevant  advice  given  by the Food  Standards  Agency  
in accordance  with Article  47(3A) of the Food  Safety  (Northern  Ireland)  Order  1991.  
There  has been  consultation,  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 requi rements  of 
food law, establishing  the European  Food  Safety  Authority  and laying  down  procedures  in matters  
of food safety (c), during  the preparation  and evaluation  of these Regulations.  
Citation  and commenc ement  
1.—(1) These  Regulations  may be cited  as the Bread  and Flour  (Amendment)  Regulations  
(Northern  Ireland)  2024 . 
(2) These  Regulations  come  into operation  in accordance  with paragraphs  (3) and (4). 
(3) The following  regulations  come  into operation  on 1st Octobe r 2024— 
(a) this regulation ; 
(b) regulat ion 2(1) for the purpose  of commencing  the regulations  mentioned  in sub-
paragraphs  (c) to (i); 
(c) regulation  2(2); 
(d) regulation  2(3); 
(e) regula tion 2(4); 
(f) regulation  2(5); 
(g) regulation  2(6) insofar as it inserts  regulation  9A into the Bread  and Flour  Regulations  
(Northern  Ireland) 1998 ; 
(h) regulation  2(7); 
 
(a) Formerly the Departme nt of Health, Social Services and Public Safety; see 2016 c.5 (N.I.), section  1 
(b) S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12)  
(c) OJ L 31, 1.2.2002, p. 1 –24, as last amended by Regulation (EC) No. 2019/1381 of the European Parliament and of the 
Council (OJ L 231 p. 1 -28)  
 2 (i) regulatio n 2(9). 
(4) The following  regulations  come  into operation  on 1st October  2026— 
(a) regulation  2(1) for the purpose  of commencing  the regulations  mentioned  in sub-
paragr aphs (b) and (c); 
(b) regulation  2(6) insofar  as it inser ts regulation  10A into the Bread  and Flour  Regulations  
(Northern  Ireland)  1998 ; 
(c) regulation  2(8). 
Amendment  of the Bread  and Flour  Regulations  (Northern  Ireland)  1998  
2.—(1) The Bread  and Flour  Regulations  (Northern  Ireland)  1998 (a) are amended  as follows. 
(2) In regulation  2 (Interpretation) — 
(a) after the definition  of “bread”,  insert— 
““common  wheat” means  Triticum  aestivum  L;”; 
(b) after the definition  of “Regulation  (EU) No 1169/2011 ” omit “and”; 
(c) after the defini tion of “sell”, replace  the “.” with “; and”, and then insert— 
““wholemeal  flour”  means  the flour  consisting  of the whole  of the product  obtained  
from  the milling  or grinding  of cleaned  cereals .”. 
(3) In regulation  3 (Exemptions) — 
(a) for paragraph  (2) substitute — 
“(2) These  Regulations  shall  not apply  in respect  of— 
(a) any bread  or flour  brought  into Northern  Ireland  from  an EEA  State  in which  it 
was lawfully  produced and sold;  
(b) any bread  or flour  lawfully  produced  in another  member  State  and brought  into 
Northern  Ireland  from  a member  State  in which  it was lawfully  sold;  
(c) any bread  or flour  lawfully  produced  outside  the European  Union  and brought  into 
Northern  Ireland  from  a member  State  in which  it was in free circulation  and 
lawfully  sold;  
(d) any bread  produced  in Northern  Ireland  which  is to be exported  to any country  
outside  the United Kingd om; 
(e) any flour  produced  in Northern  Ireland  which  is— 
 (i) to be exported  to any country outside  the United  King dom; or 
 (ii) for use in the production  of food that is to be exported  to any country  outside  
the United  Kingdom , 
which  is suitably  labelled  to give the nature  of the bread  or flour.”. 
(4) In regulation  4 (Composition  of flour)— 
(a) in paragraph  (1)— 
(i) for the words  “paragraph  (2)” substitute  “paragraphs  (1A) and (2)”; 
(ii) before  the word  “wheat”  insert  “common ”; 
(b) after paragraph  (1), insert— 
“(1A)  The requirements  specified  in paragraph  (1) shall not apply  to— 
(a) wholemeal  flour ; or 
(b) flour  produced  by a small  mill. 
 
(a) S.R. 1998 No.24 as amended by S.R. 1999 No.244, S.R. 2005 No.574 and S.R. 2014 No.223   
 3 (1B) For the purposes  of paragraph  (1A)(b), a “small  mill” is a production  site which has 
a maximum  annual  production  capacity  of 500 metric  tonnes  of flour,  and has produced  less 
than 500 metric  tonnes  of flour  for each of the last three  calendar  years.”; 
(c) in paragraph  (2) omit sub-paragraph  (a); and 
(d) for paragraph  3 substitu te— 
“(3) The substances  specified  in items  2 to 4 of Schedule  1 shall be added  where such 
addition  is necessary  in accordance  with the conditions  prescribed  in column  2 of that 
Schedule. ”. 
(5) Omit regulation  7 (Offences  and penalties) . 
(6) After  regulation  8 (Enforcement)  insert— 
“Application  and modification  of provisions  of the Order  
9A. The provisions  of the Orde r specified  in column 1 of the table  in Schedule  5 apply,  
with the modifications  specified  in column  2 of that table,  for the purposes  of these  
Regulations.  
Transition al provis ions 
10A. An authorised  officer  of a district  council  must  not serve  an improvement  notice  
unde r Article  9(1) of the Order , as appli ed and modified  by regulation  9A, as read with 
Schedule  5, if— 
(a) the improvement  notice  would  relate  to a product  that was placed  on the market  or 
labelled  before  1st October  2026;  and 
(b) the matters  constituting  the alleged  contravention  would  not have  constituted  an 
offence  under  the Bread  and Flour  Regulations  (Northern  Ireland ) 1998  as they 
stood  immediat ely before 1st October  2026 .”. 
(7) Omit  regulation  10 (Application  of various  provi sions  of the Order ). 
(8) For Schedule  1 subst itute Schedule  1 as set out in Schedule  1 to these Regulations . 
(9) After  Schedule  4 insert  Schedule  5 as set out in Schedule  2 to these  Regulations . 
 
Sealed  with the official seal of the Department of Health on 0th Month  2024. 
 
 
 Name  
 A senio r officer of the Department  of Health 
 SCHEDULE  1 Regulation  2(8) 
 “SCHEDULE  1 Regulation  4(1) and (3) 
Essent ial Ingredients  of Flour  
 Column  1 
Substance  Column  2 
Required  quantity,  in milligrams  per hundred  grams  of 
flour,  and conditions  of use 
(1)  Calcium  carbonate  (a) not less than 300, and 
(b) not more  than 455, 
(c) conforming  with the criteria  for E 170 calcium   
 4 carbo nate in the Annex  to Commission  Regulation  
(EU) 231/2012(1). 
(2)  Iron (a) not less than 2.10, 
(b) in the form  of any, or any combinatio n of two or 
more,  of the following — 
(i) ferric  ammonium  citrate  conforming  to the criteria  
in the monograph  for ferric  ammonium  citrate 
contained  in the British  Pharmacopoeia  1973  at page  
201; 
(ii) ferrous  sulphate  conformin g to the criteria  in the 
monograph  for ferrous  sulfate heptahydrate  contained  
in the British  Pharmacopoeia  2023  at page  I-1037 ; 
(iii) dried  ferrous  sulphate  conforming  to the criteria  in 
the monograph  for dried ferrous  sulfate contained  in 
the British Pharmacopoeia  2023  at page  I-1036 ; 
(iv) iron powder  conforming  to the description,  
specification  and requirements  contained  in Schedule  
2. 
(3)  Thiamin  (Vitamin  
B1) (a) not less than 0.24, 
(b) in a form  conforming  to the criteria  in the 
monograph  for thiamine  hydrochloride  contained  in 
the British  Pharmacopoeia  2023  at page  II-1129 . 
(4)  Niacin  (a) not less than 2.40, 
(b) in a form  conforming  to the criter ia in the 
monograph  for nicotinic  acid contained  in the British  
Pharmacopoeia  2023  at page II-404, or in a form  
conforming  to the criteri a in the monograph  for 
nicotinamide  contained  in the British  Pharmacopoeia  
2023  at page  II-399. 
(5)  Folic  Acid   (a) 0.250 , 
(b) in the form of pteroylmonoglutamic  acid 
conforming  to the criteria  in the monograph  for folic 
acid hydrate  conta ined in the British  Pharmacopoeia  
2023  at page  I-1110 .” 
(1) OJ L 83, 22.3.2012,  p. 1–295 
 
 SCHEDULE  2 Regulation  2(9) 
 “SCHEDULE  5 Regulation  9A 
Application  and modification  of provisions  of the Orde r 
 
Column  1 
Provision  of the Order   Column  2 
Modific ations  
Article  4 (Presumptions  that food intended  
for human  consumption)   In paragraph  (4) for “this Order” substitute  
“the Bread  and Flour  Regulations  (Northern  
Ireland)  1998”. 
Article  9(1) and (2) (Improvem ent notices)  For paragraph  (1) (Improvement  notices)  
substitute — 
“(1) If an authorised  officer  has reasonable  
grounds  for believing  that a person  is failing   
 5 to comply  with any of regulations  4 to 6 of 
the Bread  and Flour  Regulations  (Northern  
Ireland)  1998,  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  provisi on; 
(b) specify  the matters which  constitut e the 
person’s  failure  so to comply;  
(c) specify  the measure s 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 measur es that are at least 
equivalent  to them,  within such period  (not 
being  less than 14 days)  as may be specified  
in the notice.  
(1A)  If an authorised  officer has reasonable  
grounds  for believing  that a person  is failing  
to comply  with regulation  4(4) of the Bread  
and Flour  Regulations  (Northern  Ireland)  
1998  due to an act or default  of some  other  
person,  the authori sed officer  may,  by a 
notice  served  on that other  person  (in this 
Order  referred  to as an “impr ovement  
notice”)— 
(a) state the officer’s  grounds  for believing  
there has been  a failure  to comply with 
regulation  4(4); 
(b) specify  the matters  which  constitute  the 
act or default  which  have caused  the failure  
so to comply;  
(c) speci fy the measures  which , in the 
officer’s  opinion,  the person  served  must  
take in order  to secure compli ance;  and 
(d) require  that person  to take those  
measures,  or measures  that are at least 
equivalent  to them,  within  such period  (not 
being  less than 14 days)  as may be specified  
in the notice.”. 
Articl e 19 (Offences  due to fault of another  
person)  For “any  of the precedi ng provisions  of this 
Part”  substitut e “Article  9(2), as applied  by 
regulation  9A of, and Schedule  5 to, the 
Bread and Flour  Regulations  (Northern  
Ireland)  1998,” . 
Article  20(1) and (5) (Defence of due 
diligence)  In paragraph  (1), for “any  of the preceding  
provisio ns of this Part”  substitute  “Article  
9(2), as applied  by regulatio n 9A of, and 
Schedule  5 to, the Bread  and Flour  
Regulations  (Northern  Ireland)  1998” . 
Article  30(8)  (Evidence  of certificates  given  
by a food analyst  or examiner ) For “this  Order” substitute  “the Bread  and 
Flour  Regu lations  (Northern  Ireland)  1998” . 
Article  34 (Obstruction  etc. of officers)  In paragraph  (1), for “this  Order” (in each 
place  occurring)  substitute  “the Bread and  
 6 Flour  Regulations  (Northern  Ireland)  1998” . 
Article  36(1) and (2) (Punishment  of 
offences ) In paragraph  (1), after “Article  34(1)”, insert  
“, as applied  and modified  by regulation  9A 
of, and Schedule  5 to, the Bread  and Flour  
Regulati ons (Northern  Ireland)  1998” . 
After  paragraph  (1), insert— 
“(1A)  A person  guilty of an offence  under  
Article  9(2), as applied  by regulation  9A of, 
and Sche dule 5 to, the Bread  and Flour  
Regulations  (Northern  Ireland)  1998  shall 
be liable,  on summary  conviction,  to a fine 
not exceeding  level  5 on the standard  scale.” 
In paragraph  (2) for “any other offence  
under  this Order” substitute  “an offence  
under  Article  34(2), as applied  by regulation  
9A of, and Schedul e 5 to, the Bread  and 
Flour  Regulations  (Northern  Ireland) 1998,”. 
Article  37(1)  and (3) (Appeals)  For paragraph  (1) substitute — 
“(1) 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  9A of, 
and Sched ule 5 to, the Bread  and Flour 
Regulations  (Northern  Ireland ) 1998, may 
appeal  to the court of summary  
jurisdiction .”. 
In paragraph  (3) for “(2)” substit ute “(1)” . 
Article  38 (Appeals  against  improvement  
notices)  For parag raph (1) substitute — 
“(1) On an appeal  against  an improvement  
notice  served  under  Article  9(1), as applied  
and modified  by regulat ion 9A of, and 
Schedule  5 to, the Bread  and Flour  
Regulations  (Northern  Ireland)  1998,  the 
court  may either  cancel  or affirm  the notice  
and, if it affirms  it, may do so either  in its 
original  form or with such modificati ons as 
the court  may in the circumstances  think  
fit.”.” 
 
EXPLANATORY  NOT E 
(This  note is not part of the Regulations)  
These  Regulations  amend  the Bread  and Flour  Regulations  (Northern  Ireland)  1998  (“the  1998  
Regulations”).  
Regulation  2(2) introduces  definitions  of “common  wheat” and “wholemeal  flour”  to the 1998  
Regulations.  
Regulation  2(4) and (8) and Schedule  1 make  changes  to the essential  ingredients  of flour in 
Schedule  1 of the 1998  Regulations  to provide  for the mandator y addition  of folic acid and 
changes  to the required  quantities  of calcium  carbonate , iron and niacin.  There  are exemptions  
provided  for wholemeal  flour  and flour  produced  by a small  mill. 
Regulation  2(5), (6), (7) and (9) and Schedule  2 revoke  regulation s 7 and 10 of the 1998 
Regulations  in relati on to offences and penalties  and the application  and modification  of certain 
Articles  of the Food  Safety  (Northe n Ireland)  Order  1991. It is replaced  by the application  and 
modification  of certain  Articles  of the Food  Safety  (Northern  Ireland ) Order  1991 as set out in a  
 7 new Sched ule 5 to the 1998  Regulations  to provide  for enforcement  by way of improvement  
notices  and the offence  of failing  to comply  with an improvement  notice. 
Regulation  2(6) makes  transitional  provision.  
A full impact assessment  of the effect that these  Regulations  will have  on the costs  to business  and 
food authorities  is available  with these Regulations  at www.legislation.gov. uk. 
The British  Pharmacopeia  1972  and 2023,  referred  to in Schedule  1, may be inspected  at the 
Biomedical  Library,  Medical  Biology  Centre,  97 Lisburn  Road,  Belfast,  BT9 7BL Tel 028 9097  
2710