European Communities (Certain Contaminants in Foodstuffs)(Amendment) Regulations 2016.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Certain Contaminants in Foodstuffs)(Amendment) Regulations 2016.
(2) The Principal Regulations, the Regulations of 2012, the Regulations of 2013, the Regulations of 2014 and these Regulations may be cited together as the European Communities (Certain Contaminants in Foodstuffs) Regulations 2010 to 2016.
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paragraphs: In these Regulations—
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paragraphs: The Principal Regulations are amended—
(a) in Regulation 2(1) by substituting for the definition of “Commission Regulation (EC) No. 401/2006” the following—
‘“Commission Regulation (EC) No. 401/2006’ means Commission Regulation (EC) No. 401/2006 of 23 February 200632 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs as amended by Commission Regulation (EU) No. 178/2010 of 2 March 201033 and Commission Regulation (EU) No. 519/2014 of 16 May 20143;”.
(b) in Regulation 2(1) (as amended by Regulation 3 of the Regulations of 2014) by substituting for the definition of “Commission Regulation (EC) No. 1881/2006” the following—
‘“Commission Regulation (EC) No. 1881/2006’ means Commission Regulation (EC) No. 1881/2006 of 19 December 200617 regarding setting maximum levels for certain contaminants in foodstuffs, as amended by Commission Regulation (EC) No. 1126/2007 of 28 September 200718 , Commission Regulation (EC) No. 565/2008 of 18 June 200819 , Commission Regulation (EC) No. 629/2008 of 2 July 200820 , Commission Regulation (EU) No. 105/2010 of 5 February 201021 , Commission Regulation (EU) No. 165/2010 of 26 February 201022 , Commission Regulation (EU) No. 420/2011 of 29 April 201123 as affected by Corrigendum to Commission Regulation (EU) No. 420/2011 of 29 April 201124 , Commission Regulation (EU) No. 835/2011 of 19 August 201125 , Commission Regulation (EU) No. 1258/2011 of 2 December 201126 , Commission Regulation (EU) No. 1259/2011 of 2 December 201127 , Commission Regulation (EU) No. 594/2012 of 5 July 201228 , Commission Regulation (EU) No. 1058/2012 of 12 November 201229 , Commission Regulation (EU) No. 1067/2013 of 30 October 201330 , Commission Regulation (EU) No. 212/2014 of 6 March 20141, Commission Regulation (EU) No. 488/2014 of 12 May 20142, Commission Regulation (EU) No. 696/2014 of 24 June 20145, Commission Regulation (EU) No. 1327/2014 of 12 December 20146, Commission Regulation (EU) 2015/704 of 30 April 20157, Commission Regulation (EU) 2015/1005 of 25 June 20159, Commission Regulation (EU) 2015/1006 of 25 June 201510, Commission Regulation (EU) 2015/1125 of 10 July 201511, Commission Regulation (EU) 2015/1137 of 13 July 201512, Commission Regulation (EU) 2015/1933 of 27 October 201513, Commission Regulation (EU) 2015/1940 of 28 October 201514 and Commission Regulation (EU) 2016/239 of 19 February 201615;”.
(c) in Regulation 2(1) (as amended by Regulation 3 of the Regulations of 2012) by deleting the definition of “Commission Regulation (EU) No. 252/2012” and inserting the following—
“‘Commission Regulation (EU) No. 589/2014’ means Commission Regulation (EU) No. 589/2014 of 2 June 20144 laying down methods of sampling and analysis for the control of levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain foodstuffs and repealing Regulation (EU) No. 252/2012;”.
(d) in Regulation 2(1) by inserting after the definition of “Commission Regulation (EC) No. 333/2007” the following—
“‘Commission Regulation (EU) 2015/705’ means Commission Regulation (EU) 2015/705 of 30 April 20158 laying down methods of sampling and performance criteria for the methods of analysis for the official control of the levels of erucic acid in foodstuffs and repealing Commission Directive 80/891/EEC.”.
(e) in Regulation 2(1) (as amended by Regulation 3 of the Regulations of 2014) by substituting for the definition of “EU Regulations” the following—
‘“EU Regulations’ means Council Regulation (EEC) No. 315/93 of 8 February 199331 laying down Community procedures for contaminants in food, Commission Regulation (EC) No. 1881/2006 of 19 December 200617 regarding setting maximum levels for certain contaminants in foodstuffs, as amended by Commission Regulation (EC) No. 1126/2007 of 28 September 200718, Commission Regulation (EC) No. 565/2008 of 18 June 200819, Commission Regulation (EC) No. 629/2008 of 2 July 200820, Commission Regulation (EU) No. 105/2010 of 5 February 201021, Commission Regulation (EU) No. 165/2010 of 26 February 201022, Commission Regulation (EU) No. 420/2011 of 29 April 201123, as affected by Corrigendum to Commission Regulation (EU) No. 420/2011 of 29 April 201124, Commission Regulation (EU) No. 835/2011 of 19 August 201125, Commission Regulation (EU) No. 1258/2011 of 2 December 201126, Commission Regulation (EU) No. 1259/2011 of 2 December 201127, Commission Regulation (EU) No. 594/2012 of 5 July 201228, Commission Regulation (EU) No. 1058/2012 of 12 November 201229 and Commission Regulation (EU) No. 1067/2013 of 30 October 201330, Commission Regulation (EU) No. 212/2014 of 6 March 20141, Commission Regulation (EU) No. 488/2014 of 12 May 20142, Commission Regulation (EU) No. 696/2014 of 24 June 20145, Commission Regulation (EU) No. 1327/2014 of 12 December 20146, Commission Regulation (EU) 2015/704 of 30 April 20157, Commission Regulation (EU) 2015/1005 of 25 June 20159, Commission Regulation (EU) 2015/1006 of 25 June 201510, Commission Regulation (EU) 2015/1125 of 10 July 201511, Commission Regulation (EU) 2015/1137 of 13 July 201512, Commission Regulation (EU) 2015/1933 of 27 October 201513, Commission Regulation (EU) 2015/1940 of 28 October 201514 and Commission Regulation (EU) 2016/239 of 19 February 201615, and, as regards laying down methods of sampling and analysis for the official control of the levels of certain contaminants in foodstuffs, Commission Regulation (EC) No. 401/2006 of 23 February 200632 as amended by Commission Regulation (EU) No. 178/2010 of 2 March 201033 and Commission Regulation (EU) No. 519/2014 of 16 May 20143, and as regards laying down methods of sampling and analysis for the official control of the levels of nitrates in certain foodstuffs, Commission Regulation (EC) No. 1882/2006 of 19 December 200634 , and, as regards laying down the methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and polycyclic aromatic hydrocarbons, Commission Regulation (EC) No. 333/2007 of 28 March 200735 , as amended by Commission Regulation (EU) No. 836/2011 of 19 August 201136 (including as regards its title, which, since 1 September 2012, has referred to “polycyclic aromatic hydrocarbons” instead of “benzo(a) pyrene”), and, as regards laying down methods of sampling and analysis for the official control of levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain foodstuffs and repealing Regulation (EU) No. 252/2012, Commission Regulation (EU) No. 589/2014 of 2 June 20144, and, as regards laying down methods of sampling and performance criteria for the methods of analysis for the official control of the levels of erucic acid in foodstuffs and repealing Commission Directive 80/891/EEC, Commission Regulation (EU) 2015/705 of 30 April 20158.”.
(f) in Regulation 6(1) (as amended by Regulation 3 of the Regulations of 2014) by substituting the following—
“For the purposes of this Regulation and of Regulations 7 to 11, all references to “the Annex” mean the Annex to Commission Regulation (EC) No. 1881/2006 of 19 December 200617 regarding setting maximum levels for certain contaminants in foodstuffs, as amended by Commission Regulation (EC) No. 1126/2007 of 28 September 200718, Commission Regulation (EC) No. 565/2008 of 18 June 200819, Commission Regulation (EC) No. 629/2008 of 2 July 200820, Commission Regulation (EU) No. 105/2010 of 5 February 201021, Commission Regulation (EU) No. 165/2010 of 26 February 201022, Commission Regulation (EU) No. 420/2011 of 29 April 201123 as affected by Corrigendum to Commission Regulation (EU) No. 420/2011 of 29 April 201124, Commission Regulation (EU) No. 835/2011 of 19 August 201125, Commission Regulation (EU) No. 1258/2011 of 2 December 201126, Commission Regulation (EU) No. 1259/2011 of 2 December 201127, Commission Regulation (EU) No. 594/2012 of 5 July 201228, Commission Regulation (EU) No. 1058/2012 of 12 November 201229, Commission Regulation (EU) No. 1067/2013 of 30 October 201330, Commission Regulation (EU) No. 212/2014 of 6 March 20141, Commission Regulation (EU) No. 488/2014 of 12 May 20142, Commission Regulation (EU) No. 696/2014 of 24 June 20145, Commission Regulation (EU) No. 1327/2014 of 12 December 20146, Commission Regulation (EU) 2015/704 of 30 April 20157, Commission Regulation (EU) 2015/1005 of 25 June 20159, Commission Regulation (EU) 2015/1006 of 25 June 201510, Commission Regulation (EU) 2015/1125 of 10 July 201511, Commission Regulation (EU) 2015/1137 of 13 July 201512, Commission Regulation (EU) 2015/1933 of 27 October 201513, Commission Regulation (EU) 2015/1940 of 28 October 201514 and Commission Regulation (EU) 2016/239 of 19 February 201615;”.
(g) in Regulation 6 (as last amended by Regulation 3 of the Regulations of 2014) by inserting after paragraph 6(3) the following—
“6.(4) The prohibition in Regulation 6(2) shall not apply to:
(a) traditionally smoked meat and smoked meat products, that are smoked and intended for consumption in the State, and are placed on the market in the State, but which contain levels of polycyclic aromatic hydrocarbons higher than those set out in point 6.1.4. of the Annex to Commission Regulation (EC) No. 1881/2006 of 19 December 200617, as amended by Commission Regulation (EU) 2015/1125 of 10 July 201511, provided that those smoked products comply with the maximum levels applicable before 1 September 2014, [i.e. 5,0 μg/kg for benzo(a) pyrene and 30,0 μg/kg for the sum of benzo(a) pyrene, benz(a) anthracene, benzo(b) fluoranthene and chrysene.].
(b) traditionally smoked fish and smoked fishery products, that are smoked and intended for consumption in the State, and are placed on the market in the State, but which contain levels of polycyclic aromatic hydrocarbons higher than those set out in point 6.1.5. of the Annex to Commission Regulation (EC) No. 1881/2006 of 19 December 200617, as amended by Commission Regulation (EU) 2015/1125 of 10 July 201511, provided that those smoked products comply with the maximum levels applicable before 1 September 2014, [i.e. 5,0 μg/kg for benzo(a) pyrene and 30,0 μg/kg for the sum of benzo(a) pyrene, benz(a) anthracene, benzo(b) fluoranthene and chrysene.].
(h) in Regulation 11 (as last amended by Regulation 3 of Regulations (No. 2) of 2012) by substituting for paragraph 11(1) the following—
“The prohibition in Regulation 6(2) shall not apply to:
(a) Foodstuffs that do not comply with the maximum levels of polycyclic aromatic hydrocarbons applicable from 1 April 2015 pursuant to point 6.1.2 of the Annex to Commission Regulation (EC) No. 1881/2006 of 19 December 200617, as amended by Commission Regulation (EU) No. 835/2011 of 19 August 201125, and that were lawfully placed on the market prior to 1 April 2015 which foodstuffs may continue to be marketed after that date until their date of minimum durability or use-by-date.
(b) Foodstuffs, with the exception of cocoa fibre and products derived from cocoa fibre, intended for use as an ingredient in food, that do not comply with the maximum levels of polycyclic aromatic hydrocarbons applicable from 1 April 2016 pursuant to Section 6 of the Annex to Commission Regulation (EC) No. 1881/2006 of 19 December 200617, as amended by Regulation (EU) 2015/1933 of 27 October 201513 and that were lawfully placed on the market prior to 1 April 2016, which foodstuffs may remain on the market after that date until their date of minimum durability or use-by-date.”.
(i) in Regulation 11 (as last amended by Regulation 3 of Regulations (No. 2) of 2012) by substituting for paragraph (2A) the following—
“(2A) The prohibition in Regulation 6(2) shall not apply to Capsicum spp. spices that do not comply with the maximum level of Ochratoxin A applicable from 1 January 2015 pursuant to point 2.2.11 of the Annex to Commission Regulation (EC) No. 1881/2006 of 19 December 200617, as amended by Commission Regulation (EU) 2015/1137 of 13 July 201512, and that were lawfully placed on the market prior to 1 January 2015, which spices may continue to be marketed after that date until their date of minimum durability or use-by-date.”.
(j) in Regulation 11 (as last amended by Regulation 3 of the Regulations of 2014) by inserting after paragraph (2B) the following—
“(2C) The prohibition in Regulation 6(2) shall not apply to:
(a) Foodstuffs that do not comply with the maximum levels of cadmium applicable from 1 January 2015 pursuant to points 3.2.19 and 3.2.20 of the Annex to Commission Regulation (EC) No. 1881/2006 of 19 December 200617, as amended by Commission Regulation (EU) No. 488/2014 of 12 May 20142, and that were lawfully placed on the market prior to 1 January 2015, which foodstuffs may continue to be marketed after that date until their date of minimum durability or use-by-date;
(b) Foodstuffs that do not comply with the maximum levels of cadmium applicable from 1 January 2019 pursuant to point 3.2.7 of the Annex to Commission Regulation (EC) No. 1881/2006 of 19 December 200617, as amended by Commission Regulation (EU) No. 488/2014 of 12 May 20142, and that are lawfully placed on the market prior to 1 January 2019, which may continue to be marketed after that date until their date of minimum durability or use-by-date.”.
(k) in Regulation 11 (as last amended by Regulation 3 of the Regulations of 2014) by inserting after paragraph (2C) the following—
“(2D) The prohibition in Regulation 6(2) shall not apply to foodstuffs that do not comply with the maximum levels of lead applicable from 1 January 2016 pursuant to point 3.1 of the Annex to Commission Regulation (EC) No. 1881/2006 of 19 December 200617, as amended by Commission Regulation (EU) 2015/1005 of 25 June 20159, and that were lawfully placed on the market prior to 1 January 2016 which foodstuffs may continue to be marketed after that date until their date of minimum durability or use-by-date.”.
(l) in Regulation 11 (as last amended by Regulation 3 of the Regulations of 2014) by inserting after paragraph (2D) the following—
“(2E) The prohibition in Regulation 6(2) shall not apply to foodstuffs that do not comply with the maximum levels of arsenic (inorganic) applicable from 1 January 2016 pursuant to subsection 3.5 of the Annex to Commission Regulation (EC) No. 1881/2006 of 19 December 200617, as amended by Commission Regulation (EU) 2015/1006 of 25 June 201510, and that were lawfully placed on the market prior to 1 January 2016, which foodstuffs may continue to be marketed after that date until their date of minimum durability or use-by-date.”.
(m) in Regulation 15 (as last amended by Regulation 3 of the Regulations of 2012) by substituting the following—
“(1) Sampling for the official control of the levels of dioxins, furans, dioxin-like PCBs and non-dioxin-like PCBs in foodstuffs listed in Section 5 of the Annex to Commission Regulation (EC) No. 1881/2006 shall be carried out in accordance with the methods set out in Annex II to Commission Regulation (EU) No. 589/2014 of 2 June 20144.”.
“(2) Sample preparation and analyses for the control of the levels of dioxins, furans and dioxin-like PCBs in foodstuffs listed in Section 5 of the Annex to Commission Regulation (EC) No. 1881/2006 shall be carried out in accordance with the methods set out in Annex III to Commission Regulation (EU) No. 589/2014 of 2 June 20144.”.
“(3) Analyses for the control of the levels of non-dioxin-like PCBs in foodstuffs listed in Section 5 of the Annex to Commission Regulation (EC) No. 1881/2006 shall be carried out in accordance with the requirements for methods of analysis set out in Annex IV to Commission Regulation (EU) No. 589/2014 of 2 June 20144.”.
(n) in Regulation 16 (as last amended by Regulation 3 of the Regulations of 2012) by inserting after Regulation 16 the following—
“16. (A) Sampling and analysis for the official control of the levels of erucic acid set in Sections 8 of the Annex to Commission Regulation (EC) No. 1881/2006 shall be carried out in accordance with the Annex to Commission Regulation (EU) 2015/705 of 30 April 20158, but without prejudice to the provisions of the Official Controls Regulation.”.
(o) in Regulation 16 (as last amended by Regulation 3 of the Regulations of 2012) by inserting after Regulation 16(A) the following—
“16. (B) The sampling for the control of compliance with the maximum levels of tropane alkaloids in certain cereal-based foods for infants and young children shall be performed in accordance with the rules set out in Part J of Annex I to Commission Regulation (EC) No. 401/2006”.
(p) in Regulation 33 by inserting after paragraph (b) the following—
“(c) Health (Erucic Acid in Food) Regulations 1978 ( S.I. No. 123 of 1978 );
(d) Health (Erucic Acid in Food) (Amendment) Regulations 1992 ( S.I. No. 67 of 1992 ); and
(e) European Communities (Erucic Acid in Food) (Method of Analysis) Regulations 1982 ( S.I. No. 271 of 1982 ).”.