General Provisions

EU Legislation

 
Corrigendum to Regulation (EC) No 882/2004  (OJ L191, p1, 28/05/2004) of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L165, p1, 30/04/2004)

Amended by

•  Commission Regulation (EC) No 776/2006 (OJ L136, p3, 24/05/2006 ) of 23 May 2006 
•  Council Regulation (EC) No 301/2008  (OJ L97, p85, 09/04/2008) of 17 March 2008 adapting Annex I to Regulation (EC) No 882/2004 
•  Commission Regulation (EC) No 737/2008 (OJ L201, p29, 30/07/2008) of 28 July 2008 designating the Community reference laboratories for crustacean diseases, rabies and bovine tuberculosis, laying down additional responsibilities and tasks for the Community reference laboratories for rabies and bovine tuberculosis and amending Annex VII to Regulation (EC) No 882/2004 
•  Commission Regulation (EC) No 1029/2008  (OJ L278, p6, 21/10/2008) of 20 October 2008 
•  Regulation (EC) No 596/2009 (OJ L188, p14, 18/07/2009) of the European Parliament and of the Council of 18 June 2009 regarding adaptation to the regulatory procedure with scrutiny 
•  Commission Regulation (EU) No 87/2011 (OJ L29, p1, 03/02/2011) of 2 February 2011 designating the EU reference laboratory for bee health, laying down additional responsibilities and tasks for that laboratory and amending Annex VII to Regulation (EC) No 882/2004
•  Commission Regulation (EU) No 208/2011  (OJ L 58, p29, 03/03/2011) of 2 March 2011 as regards lists and names of EU reference laboratories
•  Commission Regulation (EU) No 208/2011 (OJ L58, p29, 03/03/2011) OJ of 2 March 2011 amending Annex VII to Regulation (EC) No 882/2004 as regards lists and names of EU reference laboratories
•  Commission Regulation (EU) No 563/2012 (OJ L168, p24, 28/06/2012) of 27 June 2012 amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the list of EU reference laboratories
•  Council Regulation (EU) No 517/2013 (OJ L158, p1, 10/06/2013)  of 13 May 2013 adapting certain regulations and decisions by reason of the accession of the Republic of Croatia
•  Regulation (EU) No 652/2014 (OJ L189, p1, 27/069/2014)  of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material
•  Commission Regulation (EU) 2017/140 (OJ L22, p10-13, 27.01.2017) of 26 January 2017 designating the EU reference laboratory for diseases caused by capripox viruses (lumpy skin disease and sheep and goat pox), laying down additional responsibilities and tasks for this laboratory and amending Annex VII to Regulation (EC) No 882/2004
•  Commission Regulation (EU) 2017/212 (OJ L33, p27-30, 08.02.2017) of 7 February 2017 designating the EU reference laboratory for peste des petits ruminants, laying down additional responsibilities and tasks for this laboratory and amending Annex VII to Regulation (EC) No 882/2004 
•  Commission Regulation (EU) 2017/1389 (OJ L 195, 27.7.2017, p. 9–10) of 26 July 2017 amending Annex VII to Regulation (EC) No 882/2004 as regards the designation of the EU reference laboratory for foodborne viruses

 Consolidated version of Regulation (EC) No 882/2004   (as at 16 August 2017)

National Legislation

 
For food businesses supervised by the Department of Agriculture, Food and Marine (DAFM), the Sea-Fisheries Protection Authority (SPFA) or Local Authorities

European Communities (Food and Feed Hygiene) Regulations 2009 ( S.I. No. 432 of 2009 )

 Amended by:

European Communities (Official Control of Foodstuffs) Regulations 2010 ( S.I. No 117 of 2010)

Amended by: 

• European Communities (Official Control of Foodstuffs) (Amendment) Regulations 2011( S.I. 344 of 2011) 
  

 
 S.I. No. 432 of 2009  gives effect to a number of European Regulations concerning food and feed hygiene legislation, insofar as they relate to The Department of Agriculture, Food and Marine, revising and consolidating legislation in relation to the production, control and marketing of food and feed. The amendments also take clarify the role of authorised officers. 

 S.I. No 117 of 2010   does not apply to food businesses engaged in activities which are subject to the European Communities (Food and Feed Hygiene)Regulations 2009 (S.I. No. 432 of 2009), only to the extent that the food business engages in those activities. 


 S.I. 344 of 2011  gives further effect to Regulation (EC) No. 882/2004 in particular by giving effect to Articles 28 and 54 of Regulation (EC) No. 882/2004 which deal with the collection of charges to cover expenses incurred in carrying out additional official controls and enforcement measures in cases of non-compliance.

EU Member States are required by Article 28 of Regulation (EC) No. 882/2004 to charge for expenses arising from additional official controls undertaken. This Article specifies that “When the detection of non-compliance leads to official controls that exceed the competent authority’s normal control activities, the competent authority shall charge the operators responsible for the non-compliance for the expenses arising from the additional official controls”. Normal control activities are defined in the EU Regulation as being “the routine control activities required under Community or national law and, in particular, those described in the plan (national control plan) provided for in Article 41” with the Regulation listing activities that exceed normal control activities as including “the taking and analysis of samples as well as other controls that are required to check the extent of a problem, to verify whether corrective action has been taken, or to detect and/or substantiate non-compliance”.

Article 54 of Regulation (EC) No. 882/2004 places an obligation on competent authorities in each EU Member State to take action in cases where they identify non-compliance that will ensure that food business operators remedy the situation. The EU legislation specifies that all expenditure incurred pursuant to these actions must be borne by the food business operator.

Last reviewed: 2/11/2017