European Communities (Foodstuffs Intended For Particular Nutritional Uses) Regulations 2005
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 2005 and, subject to Regulation 7, they shall come into effect on the date they are signed by the Minister.
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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” means—
(a) a Public Analyst located at a Public Analyst's Laboratory,
(b) a Deputy Public Analyst located at a Public Analyst's Laboratory, or
(c) an Executive Analytical Chemist located at a Public Analyst's Laboratory;
“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;
“Directives” mean Council Directive 89/398/EEC1 of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses as amended by Directive 96/84/EC2 of the European Parliament and of the Council of 19 December 1996 and Directive 1999/41/EC3 of the European Parliament and of the Council of 7 June 1999, and Commission Directive 2001/15/EC4 of 15 February 2001 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses as amended by Commission Directive 2004/5/EC5 of 20 January 2004 and Commission Directive 2004/6/EC6 of 20 January 2004;
“export” means exportation to a third country;
“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/EC7 and without prejudice to the requirements of Directives 80/778/EEC8 and 98/83/EC7 ;
“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/EEC9 and 92/73/EEC10 ,
(e) cosmetics within the meaning of Council Directive 76/768/EEC11 ,
(f) tobacco and tobacco products within the meaning of Council Directive 89/622/EEC12 ,
(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;
“foodstuffs for particular nutritional uses” has the meaning assigned to it by Regulation 3(2);
“import” means importation from a country other than a Member State, except in the context of paragraphs (2) and (3) of Regulation 4 where “import” means importation from a Member State into a third country;
“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” means—
(a) the Public Analyst's Laboratory, Cork,
(b) the Public Analyst's Laboratory, Dublin, or
(c) the Public Analyst's Laboratory, Galway;
“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, or
(f) supply for any of those purposes (whether or not for profit)
and cognate words shall be construed accordingly;
“service contract” means a contract entered into between the Authority and an official agency pursuant to section 48 of the Act of 1998;