S.I. No. 50/1970 - Health (Sampling of Food) Regulations, 1970.

S.I. No. 50 of 1970.

HEALTH (SAMPLING OF FOOD) REGULATIONS, 1970.

The Minister for Health, in exercise of the powers conferred on him by sections 5 , 54 , 56 , 58 and 59 of the Health Act, 1947 (No. 28 of 1947), and after consultation with the Minister for Industry and Commerce and the Minister for Agriculture and Fisheries hereby makes the following Regulations:—

PART I.Preliminary and General.

1. These Regulations may be cited as the Health (Sampling of Food) Regulations, 1970.

2. These Regulations shall come into operation on the 23rd day of March, 1970.

3. (1) In these Regulations:—

"analyse" includes testing or examining and cognate words shall be construed accordingly;

"approved examiner" means a public analyst or any person approved or person of a class approved, by the Minister for Health to analyse food for the purpose of Regulations made under Part V of the Health Act, 1947 ;

"authorised officer" means an authorised officer for the purposes of Part IX of the Health Act, 1947 ;

"certificate of an approved examiner" means a certificate given by an approved examiner of the result of any test, examination or analysis made under Part V of the Health Act, 1947 ;

"public analyst" means an analyst appointed by a health authority to carry out the duties of a public analyst for the area of a health authority or an analyst designated by a health authority to be a public analyst for its area.

(2) Any reference in these Regulations to a seller, owner or to a person in apparent charge or control of food shall in the case of a sample purchased from a vending machine be construed as a reference—

(a) where the name and address of such proprietor is stated on the machine and such address is in the Stale, to the proprietor of the machine;

(b) in other cases, to the occupier of the premises at or on which the machine stands or to which it is affixed.

4. These Regulations shall have effect for the purposes of any Regulations for the time being in force under Part V of the Health Act, 1947 .

5. These Regulations shall be enforced and executed by health authorities in their functional areas.

PART II.Sampling of Food.

6. (1) An authorised officer may for the purpose of Regulations made under Part V of the Health Act, 1947 , purchase or take without payment a sample of any food.

(2) An authorised officer may for the purpose of taking a sample of food open any receptacle containing food.

(3) An authorised officer may, where food being sold, offered or kept for sale within the area for which he acts is obtained from any place situated in or is transported through the area of another health authority, request such health authority to arrange for the purchase or taking without payment by an authorised officer of such health authority of a sample of such food and for the forwarding of such sample to him and for the purpose of these Regulations such sample shall be deemed to have been purchased or taken without payment within the functional area of the health authority by which the authorised officer who makes the request is employed.

(4) Where an authorised officer purchases or takes without payment, with the intention of having it analysed by an approved examiner, a sample of food which is suspected to be diseased, contaminated or otherwise unfit for human consumption or not to comply with Regulations made under Part V of the Health Act, 1947 , he may, by notice in writing to the seller, owner or person in apparent charge or control of such food (as the case may be) prohibit the removal of the food except to any place which may be specified in the notice, during such period as may be specified in the notice, but not exceeding fourteen days from the date of the taking of the sample.

(5) Where an authorised officer purchases or takes without payment a sample of food with the intention of having it analysed by an approved examiner, he shall after purchasing or taking the sample forthwith notify the seller, owner or person in apparent charge or control of the food (as the case may be) of his intention of having the sample analysed.

(6) Nothing in this article shall authorise the examination or detention of food without the consent of an officer of the Revenue Commissioners where the duties of such officer in relation to such food have not been wholly discharged.

7. (1) Where an authorised officer purchases or takes without payment a sample of food for analysis and the division of the food into parts is reasonably practicable he shall—

(a) if the authorised officer is an officer of a health authority or of a sanitary authority, divide the sample into three parts, mark, seal and fasten each part in such manner as its nature will permit, forward one part to the approved examiner for analysis, give or send one part to the seller, owner or the person in apparent charge or control of the food as soon as possible, and retain the third part;

(b) if the authorised officer is an officer of the Minister for Health or of the Minister for Agriculture and Fisheries, divide the sample into four parts, mark, seal and fasten each part in such manner as its nature will permit, deal with three of the parts as provided for at paragraph (a) above and for ward the fourth part to the health authority for the area in which the sample was taken.

(2) Where an authorised officer purchases or takes without payment a sample consisting of a food contained in unopened containers and the division into parts of the food contained in such containers—

(a) is not reasonably practicable, or

(b) might affect the composition or impede the proper analysis of the contents,

the provisions of sub-article (1) of this article as regards the division of samples into parts shall be deemed to be complied with if the authorised officer divides the containers into three or four lots (as the case may be) and deals with each lot as if it were a part of a sample as specified under sub-article (1) of this article.

8. The approved examiner or a person under his direction shall analyse as soon as possible any sample of food submitted to the examiner in pursuance of these Regulations and the examiner shall, if the sample is found to be diseased, contaminated or otherwise unfit for human consumption or not to comply with Regulations made under Part V of the Health Act, 1947 , certify to the person who submitted the sample to him the result of such analysis in the form of certificate set out in the Schedule to these Regulations.

9. Where a sample is taken by an authorised officer in pursuance of these Regulations for analysis by an approved examiner and where a person to whom a part of the sample is given under sub-article (1) or (2) of article 7 of these Regulations requests in writing the health authority for the area in which the sample was taken to inform him of the result of such analysis, the health authority shall comply with such request.

PART III.Proceedings under Part V of the Health Act and Regulations made Thereunder.

10. In any proceedings under Regulations made under Part V of the Health Act, 1947 , where a sample of food was purchased or taken without payment by an authorised officer under article 6 of these Regulations, the part or container retained by the authorised officer shall be produced at the hearing.

11. A person shall give to any authorised officer all reasonable assistance that the officer may require in the performance of his duties under these Regulations and such assistance shall include the giving of information relating to the composition and use of any food and the identity of the person from whom or the place from which any such food was obtained and the person to whom and the place to which it was consigned or otherwise disposed of.

12. Where a health authority is of the opinion, after the taking of a sample of food under these Regulations, that a person has committed an offence under Part V of the Health Act, 1947 , in relation to such food and where such food has been consigned or delivered to the area of another health authority, the first health authority shall communicate to the second health authority the name of the person concerned and such other information as they may obtain regarding the destination or the composition of the food.

SCHEDULE.

Form of certificate to be given by an approved examiner.

HEALTH (SAMPLING OF FOOD) REGULATIONS, 1970.

CERTIFICATE OF APPROVED EXAMINER.

I further certify that the sample has been analysed by me, or under my direction, and as a result of the analysis I certify that (5)

Observations (6)

I certify that the sample had undergone no change which would affect this certification or the opinions expressed therein.

NOTES

(1) Insert the name and address of the person submitting the sample for analysis.

(2) Insert description (i.e. public analyst, bacteriologist or other appropriate description).

(3) Insert particulars of marking, e.g. date, number.

(4) This may be left unanswered if the sample cannot be conveniently weighed or measured, or the weight or measurement is not material to the result of analysis.

(5) Here the approved examiner should specify the result of the analysis having regard to the provisions of Regulations made under Part V of the Health Act, 1947 .

(6) Here the approved examiner may insert at his discretion his opinion whether the analysis indicates any addition, abstraction, or deficiency or the presence of foreign matter or other defect and whether the nature, substance or quality is thereby affected; any physical, chemical or other properties bearing on the nature, substance or quality of the article; whether the article is injurious to health or unfit for human consumption; whether and in what respect a label or description or any advertisement relating to the sample is incorrect or misleading; and he may add any other observations he may consider relevant.

(These notes are for guidance only and do not form part of the Certificate.)

GIVEN under the Official Seal of the Minister for Health this 12th day

of March, 1970.

(Sgd.) ERSKINE H. CHILDERS,

Minister for Health.

EXPLANATORY NOTE.

The effect of these Regulations is to empower authorised officers as defined in Section 91 of the Health Act, 1947 , to purchase or take samples of food (including drink) for the purpose of any Regulations made by the Minister under Part V of the Health Act, 1947 , relating to the prevention of danger to the public health from food and drink and standards for food and drink. The Regulations also prescribe sampling procedures.