EU Legislation (Milk and
Dairies) (Jersey) Order 2017
Official
Consolidated Version
This
is an official version of consolidated legislation compiled and issued under
the authority of the Legislation (Jersey) Law 2021.
Showing
the law from 31 December 2020 to Current
EU Legislation (Milk and
Dairies) (Jersey) Order 2017
1 Interpretation
In this Order –
“processing dairy” and “processing dairyman”
have the meanings given by the Milk and Dairies (General Provisions) (Jersey)
Order 1992;
“relevant EU provision” means any of the provisions
listed in the Schedule;
“relevant person or premises” means –
(a) a processing dairy;
(b) a processing dairyman;
(c) a dairy farm or dairy,
within the meaning of the Food Safety (Jersey) Law 1966, when either is used to
produce milk to supply to a processing dairy; or
(d) a dairy farmer or
dairyman, within the meaning of the Food Safety (Jersey) Law 1966, when either produces milk
to supply to a processing dairy.
1A Effect
of relevant EU provisions[1]
(1) The
relevant EU provisions have effect, in relation to a relevant person or
premises, as if they were enactments.
(2) This
Order continues in force on and after the commencement of Article 6(a) of
the European
Union (Repeal and Amendment) (Jersey) Law 2018, as if Article 2(1) of the European
Union Legislation (Implementation) (Jersey) Law 2014 had not been repealed.
2 Competent
authority
The competent authority, for the purpose of the relevant EU
provisions in their application to a relevant person or premises, is the
Minister, within the meaning of the Food Safety (Jersey) Law 1966.
3 Application
of Article 27(3) of the Food Safety (Jersey) Law 1966
For the purpose of the application of Article 27(3) of the Food Safety (Jersey) Law 1966 in relation to a relevant
person or premises, the references in sub-paragraphs (a)(ii) and (b)(i) of
that paragraph to “conditions imposed by” an Order under that Law
are, for the avoidance of doubt, to be taken to include conditions and
requirements of a relevant EU provision in its application to a relevant person
or premises.
4 Offences
and penalties
(1) A
processing dairyman who contravenes a prohibition in or requirement of a
relevant EU provision, in its application to that processing dairyman, commits
an offence and is liable to imprisonment for a term of 1 year and to a
fine.
(2) Paragraph (3)
applies to a person other than a processing dairyman, the competent authority
or an agent of the competent authority.
(3) The
person commits an offence, and is liable to a fine of level 3 on the
standard scale, if the person contravenes a prohibition in or requirement of a
relevant EU provision, in its application to a relevant person or premises.
5 Citation
This Order may be cited as the EU Legislation (Milk and Dairies)
(Jersey) Order 2017.
SCHEDULE[2]
(Article 1)
Relevant EU PROVISIONS
1 Regulation
(EC) No 178/2002
In Regulation (EC)
No 178/2002 of the European Parliament and of the Council of
28 January 2002 laying down the general principles and requirements
of food law, establishing the European Food Safety Authority and laying down
procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1) –
Articles 12, 14,
15, 16, 17, 18 and 19.
2 Regulation
(EC) No 852/2004
In Regulation (EC)
No 852/2004 of the European Parliament and of the Council of
29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004,
p. 1) –
Articles 3, 4, 5, 6,
and 11;
Annexes I and II.
3 Regulation
(EC) No 853/2004
In Regulation (EC)
No 853/2004 of the European Parliament and of the Council of
29 April 2004 laying down specific hygiene rules for food of animal
origin (OJ L 139, 30.4.2004, p. 55) –
Articles 3, 4, 5,
and 7;
Section 1 of
Annex II and Section IX of Annex III.
4 Regulation
(EU) 2017/625
In Regulation (EU) 2017/625
of the European Parliament and of the Council of 15 March 2017 on official
controls and other official activities performed to ensure the application of
food and feed law, rules on animal health and welfare, plant health and plant
protection products (OJ L 95, 7.4.2017, p. 1) –
Articles 9(1), 15(1)
and (2), 17(a) and (b), and 18.
5 Regulation
(EC) No 183/2005
In Regulation (EC)
No 183/2005 of the European Parliament and of the Council of 12 January 2005
laying down requirements for feed hygiene (OJ L 35, 8.2.2005, p. 1) –
Articles 4(2) and
5(5);
Annex III.
[1] Article 1A inserted
by R&O.25/2019
[2] Schedule amended
by R&O.156/2020