European Communities (Foodstuffs Intended For Particular Nutritional Uses) Regulations, 2002
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Foodstuffs Intended for Particular Nutritional Uses) Regulations, 2002, and, with the exception of Regulation 7(2), they shall come into operation on .....
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paragraphs: (1) In these Regulations:
“the Act of 1998” means the Food Safety Authority of Ireland Act, 1998 (No. 29 of 1998);
“approved examiner” for the purposes of these Regulations has the meaning assigned to it by the European Communities (Official Control of Foodstuffs) Regulations 1998 ( S.I. No. 85 of 1998 );
“authorised officer” means -
(a) an authorised officer appointed under Section 49 of the Act of 1998; or
(b) in relation to the functional area of a health board, a person or a person belonging to a class of persons, authorised by the chief executive officer of the health board concerned to perform the functions of an authorised officer under these Regulations.
“the Authority” means the Food Safety Authority of Ireland, established under Section 9 of the Act of 1998;
“certificate of an approved examiner” means a certificate given by an approved examiner of any test, examination or analysis made under these Regulations;
“controlled item” means
— foodstuff,
— food additives, vitamins, mineral salts, trace elements and other additives intended to be sold as such,
— materials and articles intended to come into contact with foodstuffs;
“the Directive” means Council Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses as amended by Directive 96/84/EC of the European Parliament and of the Council of 19 December 1996 and Directive 1999/41/EC of the European Parliament and of the Council of 7 June 1999 and Commission Directive 2001/15/EC of 15 February 2001;
“foodstuffs for particular nutritional uses” has the meaning assigned to it by Regulation 3(2);
“foodstuff” includes any substance used for food or drink by man, and
(a) any substance which enters into or is used in the composition or preparation of human food.
(b) any substance which enters into or is used in the composition or preparation of any such substance aforesaid, and
(c) chewing gum and products of a similar composition and use
and references to foodstuff include as the context may require, references to a particular food particular foods or a class or classes of food;
“functional area” means
(a) in relation to a health board established under Section 4 of the Health Act, 1970 , the functional area of the health board as specified in the Health Boards Regulations, 1970 ( S.I. No. 170 of 1970 );
(b) in relation to an Area Health Board established by Section 14 (1) of the Health (Eastern Regional Health Authority) Act, 1999 , the functional area of each Area Health Board as specified in Section 14(4) of the Act of 1999;
“functions” includes powers and duties and references to the performance of functions include references to the exercise of powers and the performance of duties;
“health board” means
(a) a board established under Section 4 of the Health Act, 1970 , and/or
(b) an Area Health Board established by Section 14 of the Health (Eastern Regional Health Authority) Act, 1999 );
“import” means importation from a country other than a Member State;
“Minister” means the Minister for Health and Children;
“official control of foodstuffs” hereinafter called “control of foodstuffs” means an inspection by authorised officers of the compliance of :-
- foodstuffs,
- food additives, vitamins, mineral salts, trace elements and other additives intended to be sold as such, or
- materials and articles intended to come into contact with food,
with provisions aimed at preventing risks to public health, guaranteeing fair commercial transactions or protecting consumer interests, including provisions on consumer information.
“official laboratory” means -
(a) a laboratory approved in writing by the Minister to analyse any samples of a controlled item taken by an authorised officer for the purposes of these Regulations, or
(b) a laboratory approved in writing by the Chief Executive Officer of a health board with the consent of the Minister to analyse any samples of a controlled item taken by an authorised officer for the purposes of these Regulations;
“place on the market” means —
(a) import,
(b) sell,
(c) offer or expose for sale,
(d) invite the making by a person of an offer to purchase,
(e) distribute free of charge
(f) supply for any of those purposes (whether or not for profit),
and cognate words shall be construed accordingly;
“premises” includes any place, building, aircraft, vehicle, railway wagon container or vessel or temporary premises at or in or on which any trade business or activity in connection with the production, preparation processing, manufacture, exportation, importation, storage, distribution or sale of food is or has been carried on;
“Public Analyst” means an analyst appointed by a health board to carry out the duties of a public analyst for the functional area of the board or an analyst designated by a health board to be a public analyst for its functional area;