European Communities (Sampling Methods and Methods of Analysis For The Official Control of the Levels of Certain Contaminants in Foodstuffs) Regulations 2005
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Sampling Methods and Methods of Analysis for the Official Control of the Levels of Certain Contaminants in Foodstuffs) Regulations 2005.
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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,
(c) the State Chemist in the State Laboratory,
(d) the Senior Chemist in the Institute, or
(e) a person or class of persons designated by the Minister pursuant to Regulation 16;
“authorised officer” means:
(a) an authorised officer appointed under section 49 of the Act of 1998,
(b) a person authorised by the Minister for Agriculture and Food to be an authorised officer for the purposes of these Regulations,
(c) a person authorised by the Minister for Communications Marine and Natural Resources to be an authorised officer for the purposes of these Regulations, or
(d) a person appointed as an authorised officer under the European Communities (Sampling Methods and Methods of Analysis for the Official Control of the Levels of Certain Contaminants in Foodstuffs) Regulations 2003 ( S.I. No. 267 of 2003 ) and holding office as an authorised officer under those Regulations immediately before the coming into operation of these Regulations;
“Authority” means the Food Safety Authority of Ireland established under section 9 of the Act of 1998;
“Directives” means Commission Directive 98/53/EC2 of 16 July 1998 laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs as amended by Commission Directive 2002/27/EC3 of 13 March 2002 and Commission Directive 2003/121/EC4 , and Commission Directive 2001/22/EC5 of 8 March 2001 laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs, and Commission Directive 2002/26/EC6 of 13 March 2002 laying down the sampling methods and methods of analysis for the official control of the levels of ochratoxin A in foodstuffs, and Commission Directive 2002/69/EC7 of 30 July 2002 laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin-like PCBs in foodstuffs, Commission Directive 2003/78/EC8 of 11 August 2003 laying down the sampling methods and the methods of analysis for the official control of the levels of patulin in foodstuffs and Commission Directive 2004/16/EC9 of 12 February 2004 laying down the sampling methods and the methods of analysis for the official control of the levels of tin in canned foods;
“foodstuff” means any substance or product, whether processed partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans. ‘Foodstuff’ 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/EC10 and without prejudice to the requirements of Directives 80/778/EEC11 and 98/83/EC12 ;
“foodstuff” 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/EEC13 and 92/73/EEC14 ,
(e) cosmetics within the meaning of Council Directive 76/768/EEC15 ,
(f) tobacco and tobacco products within the meaning of Council Directive 89/622/EEC16 ,
(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;
“Institute” means the Marine Institute, established under section 3 of the Marine Institute Act 1991 ( No. 2 of 1991 );
“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 control of foodstuffs” means an inspection by authorised officers of the compliance of:
(a) foodstuffs,
(b) food additives, vitamins, mineral salts, trace elements and other additives intended to be sold as such, or
(c) 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 the provision of consumer information;
“official laboratory” means:
(a) the Public Analyst's Laboratory, Cork,
(b) the Public Analyst's Laboratory, Dublin,
(c) the Public Analyst's Laboratory, Galway,
(d) the State Laboratory,
(e) the Institute, or
(f) a laboratory designated by the Minister pursuant to Regulation 16;
“service contract” means a contract entered into between the Authority and an official agency pursuant to section 48 of the Act of 1998.
(2) A word or expression that is used in these Regulations and that is also used in the Directives has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directives.
(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 Regulation 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.