Statutory Rules of Northern Ireland

"authorised officer" in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under these Regulations;

(a) a quick-frozen foodstuff has been manufactured from raw materials of sound, genuine and merchantable quality and no other materials;

(b) no raw material has been used in the manufacture of the quick-frozen foodstuff unless, at the time of its use, it would have been lawful for the raw material to be placed on the market for human consumption;

(c) the preparation and quick-freezing of the quick-frozen foodstuff have been carried out with sufficient promptness, and by use of appropriate technical equipment, to minimise any chemical, biochemical and microbiological changes to the food comprised in it;

(d) no cryogenic medium other than an authorised cryogenic medium has been used in direct contact with any food comprised in the quick-frozen foodstuff;

(e) the quick-freezing of each food comprised in the quick-frozen foodstuff has resulted in the temperature of that food after thermal stabilisation being –18°C or colder; and

(f) following the quick-freezing and thermal stabilisation of each food comprised in the quick-frozen foodstuff in compliance with sub-paragraph (e) the temperature of that food has been maintained at a level no warmer than –18°C except where a permitted exception relating to the temperature of the food applies.

     2. For the purposes of paragraph 1—

(a) an authorised cryogenic medium is—


(i) air,

(ii) nitrogen, or

(iii) carbon dioxide; and



(b) a permitted exception relating to the temperature of any food applies when—



(i) that food is kept within brief periods during transport (including local distribution) at a temperature warmer than -18°C but not warmer than -15°C; or

(ii) that food is kept in a retail display cabinet at a temperature warmer than -18°C to an extent consistent with good storage practice but not warmer than -12°C.

(a) in respect of any means of storage or transport other than those mentioned in the following sub-paragraphs of this paragraph, the instrument shall be a system suitable for the monitoring, at frequent and regular intervals, of air temperatures within such means;

(b) in respect of storage in a cold chamber with a capacity of less than 10m° on premises used for placing quick-frozen foodstuffs on the market for retail purposes, the instrument shall be a thermometer so placed as to be easily visible;

(c) in respect of storage in a retail display cabinet (other than an open retail display cabinet) the instrument shall be one or more thermometers so placed as to be easily visible;

(d) in respect of storage in an open retail display cabinet, the instrument shall be one or more thermometers so placed as to be easily visible and indicating the temperature at the air return side at the level of the clearly marked maximum load line for that cabinet;

(e) in respect of a means of transport other than-


(i) a vehicle registered outside the United Kingdom, or

(ii) a means of transport when being used in the course of local distribution,



the instrument shall be a system for monitoring air temperatures that-



(aa) has an accuracy of plus or minus 1°C when its sensor is measuring a temperature within the range of –25°C to +30°C,

(bb) has a measuring accuracy which does not change by more than plus or minus 0.5°C when it is operating in temperatures within the range of –20°C to +30°C,

(cc) has a display resolution of not more than 1°C, and

(dd) is robust and shockproof;



(f) in respect of a vehicle registered outside the United Kingdom, the instrument shall be an instrument which has been approved by the competent authority in the country in which the vehicle is registered; and

(g) in respect of means of transport when being used in the course of local distribution, the instrument shall be one or more thermometers so placed as to be easily visible.

(a) prohibit the placing on the market of a quick-frozen foodstuff unless certain conditions are satisfied (regulation 3);

(b) prohibit the placing on the market of a quick-frozen foodstuff intended for the ultimate consumer unless certain conditions regarding packaging are satisfied (regulation 4);

(c) impose requirements relating to the labelling of quick-frozen foodstuffs (regulation 5);

(d) impose requirements in relation to the equipment used in respect of quick-frozen foodstuffs intended for placing on the market for human consumption (regulation 6);

(e) provide for additional inspections of quick-frozen foodstuffs and of the temperatures maintained in respect of them (regulation 7);

(f) require a food operator to make records available in certain circumstances (regulation 8);

(g) provide that a person who contravenes any of the provisions of these Regulations is guilty of an offence and create a penalty for that offence (regulation9(1));

(h) provide that (subject to certain exceptions: (1) compliance with transitional requirements for measuring instruments installed before 1st January 2006 in the case of a contravention of the first paragraph of Article 2.2 of Commission Regulation (EC) No. 37/2005 and (2) a contravention of Article 2 of Commission Regulation (EC) No. 37/2005 in respect of small cold stores in retail outlets where the air temperature is measured by an easily visible thermometer) a person who contravenes specified provisions of that Regulation is guilty of an offence and create a penalty for that offence (regulation 9(2), (3) and (4));

(i) provide for the execution and enforcement of these Regulations (regulation 9(5)); and

(j) apply with modifications certain provisions of the Food Safety (NI) Order 1991 (1991 c.16) for the purposes of these Regulations (regulation 10).

The Directives implemented by the S.R. 1990 No.455 that these Regulations continue to implement are—