European Communities (Suspending The Placing on The Market, The Importation and The Use in Manufacture of Jelly Confectionery Containing The Food Additive E 425 Konjac) Regulations, 2002
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Suspending the Placing on the Market, the Importation and the Use in Manufacture of Jelly Confectionery Containing the Food Additive E 425 Konjac) Regulations, 2002 and they shall come into operation on 3rd September 2002.
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paragraphs: (1) In these Regulations:
“the Act of 1998” means the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998);
“the Act of 1999” means the Health (Eastern Regional Health Authority) Act, 1999 (No. 13 of 1999);
“approved examiner” for the purposes of these Regulations has the meaning assigned to it by the European Communities (Official Control of Foodstuffs) Regulations, 1998 ( S.I. No. 85 of 1998 );
“authorised officer” means -
(a) an authorised officer appointed under Section 49 of the Act of 1998, or
(b) in relation to the functional area of a health board, a person or a person belonging to a class of persons, authorised by the chief executive officer of the health board concerned to perform the functions of an authorised officer under these Regulations;
“the Authority” means the Food Safety Authority of Ireland established under Section 9 of the Act of 1998;
“the Decision” means Commission Decision of 27 March 2002 suspending the placing on the market and import of jelly confectionery containing the food additive E 425 konjac (2002/247/EC);
“foodstuff” means any substance used for food or drink by man, and
(a) any substance which enters into or is used in the composition or preparation of human food,
(b) any substance which enters into or is used in the composition or preparation of any such substance aforesaid, and
(c) chewing gum and products of a similar composition and use
and references to foodstuff include, as the context may require references to a particular food, particular foods or a class or classes of food;
“functional area” means
(a) in relation to a health board established under Section 4 of the Health Act, 1970 (No. 1 of 1970), the functional area of the health board as specified in the Health Boards Regulations 1970 ( S.I. No. 170 of 1970 );
(b) in relation to an Area Health Board established by Section 14(1) of the Act of 1999, the functional area of each Area Health Board as specified in Section 14(4) of the Act of 1999;
“functions” includes powers and duties and references to the performance of functions include references to the exercise of powers and the performance of duties;
“health board” means
(a) a board established under Section 4 of the Health Act, 1970 (No. 1 of 1970), and/or
(b) an Area Health Board established by Section 14(1) of the Act of 1999;
“import” means importation from a country other than a Member State;
“konjac” means the food additive E 425 konjac, whether it takes the form of konjac gum or konjac glucomannane;
“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 control of foodstuffs” hereinafter called “control of foodstuffs” means an inspection by authorised officers of the compliance of :-
- foodstuffs,
- food additives, vitamins, mineral salts, trace elements and other additives intended to be sold as such, or
- 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 provisions on consumer information;
“official laboratory” for the purposes of these Regulations means a laboratory approved in writing by the Minister or by the chief executive officer of a health board pursuant to the European Communities (Official Control of Foodstuffs) Regulations, 1998 ( S.I. No. 85 of 1998 );
“placing on the market” means the holding of foodstuff for the purposes of sale, including offering for sale or any other form of transfer, whether free of charge or not, and the sale, distribution, and other forms of transfer themselves, and cognate words shall be construed accordingly.
(2) A word or expression that is used in these Regulations and that is also used in the Decision has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Decision.
(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.
PART II
General Provisions
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paragraphs: These Regulations concern the placing on the market, the importation and the use in manufacture of jelly confectionery, including jelly mini-cups, containing konjac.
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paragraphs: From the date of coming into operation of these Regulations, a person shall not -
(a) use konjac in the manufacture of jelly confectionery, including jelly mini-cups,
(b) place on the market jelly confectionery, including jelly mini-cups, containing konjac, or
(c) import jelly confectionery, including jelly mini-cups, containing konjac.
PART III
Enforcement
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paragraphs: Official control of foodstuffs shall be carried out in accordance with the provisions of these Regulations.
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paragraphs: These Regulations shall be enforced by the Authority.
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paragraphs: These Regulations shall be deemed to be food legislation for the purposes of the Act of 1998 and the enforcement provisions contained in that Act shall accordingly apply for the purposes of ensuring compliance with these Regulations.
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paragraphs: (1) Without prejudice to Regulation 7, the powers contained in the European Communities (Official Control of Foodstuffs) Regulations 1998 ( S.I. No. 85 of 1998 ), as amended, may be exercised for the purposes of ensuring compliance with these Regulations.
(2) An official certificate given in accordance with Regulation 14(1) of the said Regulations of 1998, as amended, may be adduced in evidence in a prosecution under these Regulations and shall be prima facie evidence of the matters contained therein, until the contrary is proved.
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paragraphs: Without prejudice to Regulations 7 and 8, before the European Communities (Suspending the Placing on the Market, the Importation and the Use in Manufacture of Jelly Confectionery Containing the Food Additive E 425 Konjac) Regulations, 2002 are added to Schedule 1 of the service contract entered into by a health board and the Authority under the Act of 1998, the powers contained in Regulations 10 to 15 may be exercised by health boards in their functional areas, for the purposes of ensuring compliance with these Regulations.
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paragraphs: (1) The chief executive officer of a health board may appoint in writing such and so many officers of the health board as he or she thinks fit to be authorised officers for the purposes of ensuring compliance with these Regulations in the functional area of the health board.
(2) An authorised officer appointed pursuant to paragraph (1) shall be furnished with a certificate of his appointment as an authorised officer and when exercising any power conferred on an authorised officer under these Regulations, shall, if requested by any person affected produce the certificate to that person.