European Communities (Processed Cereal-Based Foods and Baby Foods For Infants and Young Children) Regulations 2004
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Processed Cereal-Based Foods and Baby Foods for Infants and Young Children) Regulations 2004 and, subject to paragraph (2), they shall come into effect on the date they are signed by the Minister.
(2) The requirements of paragraphs (10) and (11) of Regulation 4 shall come into effect on 6 March 2005.
(3) From the date of coming into effect of these Regulations, a person may trade in products complying with the provisions referred to in paragraph (2).
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paragraphs: (1) In these Regulations -
“Act of 1998” means the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998);
“approved examiner” in these Regulations means -
(a) a Public Analyst located at a Public Analyst’s Laboratory,
(b) a Deputy Public Analyst located at a Public Analyst’s Laboratory,
(c) an Executive Analytical Chemist located at a Public Analyst’s Laboratory,
(d) a Consultant Microbiologist located at an Official Laboratory,
(e) a Chief Laboratory Technologist located at an Official Laboratory, or
(f) a person designated by the Minister pursuant to Regulation 16;
“authorised officer” means an authorised officer appointed under section 49 of the Act of 1998;
“Authority” means the Food Safety Authority of Ireland, established under section 9 of the Act of 1998;
“baby foods” means foodstuffs, other than processed cereal-based foods, for particular nutritional use fulfilling the particular requirements of infants and young children in good health and intended for use by infants while they are being weaned, and by young children as a supplement to their diet or for their progressive adaptation to ordinary food or both;
“Directive” means Commission Directive 96/5/EC5 , Euratom of 16 February 1996 on processed cereal-based foods and baby foods for infants and young children, as amended by Commission Directive 98/36/EC6 of 2 June 1998, and Commission Directive 1999/39/EC7 of 6 May 1999, and Commission Directive 2003/13/EC8 of 10 February 2003;
“food” or “foodstuff” means any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be, ingested by humans;
“food” includes drink, chewing gum and any substance, including water, intentionally incorporated into the food during its manufacture, preparation or treatment. It includes water after the point of compliance as defined in Article 6 of Directive 98/83/EC9 , without prejudice to the requirements of Directives 80/778/EEC10 and 98/83/EC9 ;
“food” shall not include -
(a) feed,
(b) live animals unless they are prepared for placing on the market for human consumption,
(c) plants prior to harvesting,
(d) medicinal products within the meaning of Council Directives 65/65/EEC11 and 92/73/EEC12 ,
(e) cosmetics within the meaning of Council Directive 76/768/EEC13 ,
(f) tobacco and tobacco products within the meaning of Council Directive 89/622/EEC14 ,
(g) narcotic or psychotropic substances within the meaning of the United Nations Single Convention on Narcotic Drugs, 1961, and the United Nations Convention on Psychotropic Substances, 1971, or
(h) residues and contaminants;
“import” means importation from a country other than a Member State, save in the context of Regulation 3(5) where ‘imported’ means importation from a Member State into a country other than a Member State;
“infants” means children under the age of 12 months;
“manufacture” includes the production and processing of food, other than primary production for private domestic use and domestic preparation, handling and storage of food for private domestic consumption, and cognate words shall be construed accordingly;
“Member State” means a Member State of the European Community and shall be construed as including reference to those States that are Contracting Parties to the EEA Agreement;
“Minister” means the Minister for Health and Children;
“official agency” means an official agency carrying out functions under a service contract and acting on behalf of the Authority pursuant to section 48 of the Act of 1998;
“official laboratory” in these Regulations means -
(a) the Food Microbiology Laboratory, Cork,
(b) the Food Microbiology Laboratory, Galway,
(c) the Microbiology Laboratory, Dublin,
(d) the Microbiology Laboratory, Limerick,
(e) the Public Analyst’s Laboratory, Cork,
(f) the Public Analyst’s Laboratory, Dublin,
(g) the Public Analyst’s Laboratory, Galway,
(h) the Public Health Laboratory, Sligo,
(i) the Public Health Laboratory, Waterford, or
(j) a laboratory designated by the Minister pursuant to Regulation 16;
“pesticide residue” means the residue in processed cereal-based foods and baby foods of a plant protection product, as defined in point 1 of Article 2 of Council Directive 91/414/EEC15 , as amended, including its metabolites and products resulting from its degradation or reaction, and cognate words shall be construed accordingly;
“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;
“processed cereal-based foods” means foodstuffs for particular nutritional use fulfilling the particular requirements of infants and young children in good health and intended for use by infants while they are being weaned, and by young children as a supplement to their diet or for their progressive adaptation to ordinary food or both, and divided into the following four categories -
(a) simple cereals which are, or have to be, reconstituted with milk or other appropriate nutritious liquids,
(b) cereals with an added high protein food which are or have to be reconstituted with water or other protein-free liquid,
(c) pastas which are to be used after cooking in boiling water or other appropriate liquids, and
(d) rusks and biscuits which are to be used either directly, or, after pulverisation, with the addition of water, milk or other suitable liquids;
“service contract” means a contract entered into between the Authority and an official agency pursuant to section 48 of the Act of 1998;
“young children” means children aged between 1 and 3 years.
(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
(3) (a) A reference in these Regulations to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended.
(b) A reference in these Regulations to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.