European Union (Emergency Measures Regarding Unauthorised Genetically Modified Rice in Rice Products for Food Use Originating in or Consigned from China) Regulations 2015.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Union (Emergency Measures Regarding Unauthorised Genetically Modified Rice in Rice Products for Food Use Originating in or Consigned from China) Regulations 2015.
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paragraphs: (1) In these Regulations—
(a) a Deputy Public Analyst located at a Public Analyst’s Laboratory,
(b) an Executive Analytical Chemist located at a Public Analyst’s Laboratory,
(c) a Public Analyst located at a Public Analyst’s Laboratory, or
(d) a person, or member of a class of persons, designated by the Minister pursuant to Regulation 8;
(a) the Public Analyst’s Laboratory, Cork, or
(b) a laboratory designated by the Minister pursuant to Regulation 8.
(2) A word or expression which is used in these Regulations and which is also used in EU Decision 2011/884/EU, the General Food Law Regulation, the Official Controls Regulation or EC Regulation 669/2009 has, unless the context otherwise requires, the same meaning in these Regulations as it has in EU Decision 2011/884/EU, the General Food Law Regulation, the Official Controls Regulation or EC Regulation 669/2009.
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paragraphs: These Regulations shall be deemed to be food legislation for the purposes of the Act of 1998.
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paragraphs: The competent authority for the purposes of EU Decision 2011/884/EU and of these Regulations shall be the Authority, or the official agency, as appropriate.
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paragraphs: The Authority or the official agency, as the case may be, shall carry out official controls on consignments of rice products for food use covered by EU Decision 2011/884/EU in accordance with that Decision and these Regulations.
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paragraphs: The Authority or the official agency, as the case may be, may order the official detention of consignments of rice products for food use where that is required to fulfil its obligations under EU Decision 2011/884/EU and the place and duration of such detention shall be determined by the Authority or the official agency, as appropriate.
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paragraphs: (1) Subject to paragraphs (2), (3) and (5) in the case of consignments of rice products for food use originating in or consigned from China and covered by Article 1(1) of, and Annex I to, EU Decision 2011/884/EU—
(a) food business operators may only import consignments of such products into the State through the designated point of entry for the particular product;
(b) food business operators or their representatives shall, at least one working day prior to the physical arrival of a consignment of such products, notify the official agency at the designated point of entry of—
(i) the estimated date and time of the arrival,
(ii) the nature of the consignment, and
(iii) the designation of the product as food,
(c) consignments of such products shall be subject to official controls at designated points of entry, in accordance with Article 5 of EU Decision 2011/884/EU;
(d) food business operators shall, at the time of presentation for import into the State, present an analytical report for each lot, completed, signed and verified in accordance with Article 4(1) of EU Decision 2011/884/EU;
(e) food business operators shall, at the time of presentation for import into the State, present a health certificate, completed, signed and verified in accordance with Article 4(1) of EU Decision 2011/884/EU;
(f) food business operators shall ensure that sampling and analysis for the purposes of the analytical report referred to in sub-paragraph (d) is performed in accordance with Annex II to EU Decision 2011/884/EU;
(g) food business operators shall ensure that each consignment is identified with a code which corresponds to that appearing on the health certificate and each individual bag or other form of packaging of the consignment must be identified with that code;
(h) where such products are not accompanied by an analytical report and health certificate in accordance with any specific requirements in Article 4, the official agency shall order that the consignment be recalled and placed under official detention without delay and that it then be either destroyed or re-dispatched to the country of origin in accordance with Article 5(2) of EU Decision 2011/884/EU;
(i) the release for free circulation of consignments of such products shall be subject to the confirmation that sampling and analysis has been performed in accordance with Annex II to EU Decision 2011/884/EU and all lots of that consignment are compliant with European Union law;
(j) food business operators shall not split consignments until all official controls have been completed by the official agency in accordance with Article 7 of EU Decision 2011/884/EU; and
(k) food business operators shall ensure that, where a consignment is subsequently split, an authenticated copy of the analytical report and the health certificate accompany each part of the consignment.
(2) Paragraph (1)(d), (e), (f) and (h) shall not apply to consignments of products for food use originating in or consigned from China and covered by Article 1(1) of, and Annex I to, EU Decision 2011/884/EU, but not containing, consisting of, or produced from rice, provided that a statement to that effect, completed in English, is provided by the food business operator in accordance with Article 4(2) of EU Decision 2011/884/EU.
(3) Paragraph (1) shall not apply to consignments of food which are destined to a private person for personal consumption and use only.
(4) It is the responsibility of the recipient of the consignment to prove that paragraph (3) applies.
(5) Paragraph (1)(a) and (b) shall not apply to consignments of products for food use originating in or consigned from China and covered by Article 1(1) of, and Annex I to, EU Decision 2011/884/EU, but not containing, consisting of, or produced from rice.
(6) The release for free circulation of consignments of products covered by, and tested in accordance with, Article 1(2) of EU Decision 2011/884/EU shall be subject to the confirmation that all lots of that consignment are compliant with Regulation (EC) No. 1829/2003 of the European Parliament and of the Council of 22 September 200310 .
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paragraphs: The Minister may, for the purposes of these Regulations, designate, by notice in writing published in Iris OifigiÃºil:
(a) a laboratory as a laboratory at which samples taken under these Regulations may be analysed, and testing and verification may be carried out, and
(b) a person as being a person who, or a class of persons the members of which, may, at a designated laboratory, engage in analysis, testing and verification for the purposes of these Regulations.
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paragraphs: (1) Sampling and analysis for the official controls regarding unauthorised genetically modified organisms in rice products for food use originating in or consigned from China shall be carried out in accordance with the methods set out in Annex II to EU Decision 2011/884/EU.
(2) For the purposes of these Regulations, sampling shall be carried out by an authorised officer and analysis shall be carried out by an approved examiner, or by a person acting under his or her direction, in an official laboratory.
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paragraphs: (1) An authorised officer may, for the purposes of these Regulations, purchase or take without payment a sample of food.
(2) An authorised officer may, for the purpose of taking a sample of food open any receptacle.
(3) Where an authorised officer purchases or takes without payment a sample of any food with the intention of having it analysed, he or she shall notify the food business operator or person in apparent charge or control of such food forthwith of his or her intention of having the sample analysed.
(4) Where an authorised officer purchases or takes without payment, with the intention of having it analysed, a sample of food which is suspected by him or her of failing to comply with the provisions of these Regulations, he or she may, by notice in writing to the food business operator, or the person in apparent charge or control of such foods, prohibit their removal except to any place which may be specified in the notice, during such period as may be specified in the notice, but not exceeding 15 working days from the date of the taking of the sample.
(5) Samples of food taken for the purpose of these Regulations shall be taken in accordance with Annex II to EU Decision 2011/884/EU.
(6) Subject to paragraph (5), where an authorised officer purchases or takes without payment a sample of food, with the intention of having it analysed, he or she shall, in the presence of the food business operator or person in apparent charge or control of such food, mark, seal and fasten the sample in such a manner as its nature will permit and in such a way that the integrity of the sample is not compromised and forward it to an approved examiner in an official laboratory for analysis.
(7) In proceedings for an offence under these Regulations, the result of analysis of a sample of food taken pursuant to these Regulations shall not be adduced unless the sample was taken in accordance with Annex II to EU Decision 2011/884/EU.
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paragraphs: (1) Where a sample of food is analysed for the purpose of these Regulations, the approved examiner, or a person under his or her direction, shall—