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STATUTORY INSTRUMENTS.
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S.I. No.
281 of 2000
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EUROPEAN COMMUNITIES (MARKETING OF COFFEE
EXTRACTS AND CHICORY EXTRACTS) REGULATIONS, 2000.
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S.I. No. 281 of 2000
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EUROPEAN COMMUNITIES (MARKETING OF COFFEE
EXTRACTS AND CHICORY EXTRACTS) REGULATIONS, 2000.
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I, Joe Walsh, Minister for
Agriculture, Food and Rural Development, in exercise of the powers conferred
on me by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 )
and for the purposes of giving effect to Directive 1999/4/EC of the European
Parliament and of the Council of 22 February 19991 , hereby make the following Regulations:
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1. These Regulations may
be cited as the European Communities (Marketing of Coffee Extracts and
Chicory Extracts) Regulations, 2000.
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2. These Regulations shall
come into force on 13 September 2000.
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3. (1) In these
Regulations:
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“the Minister” means the Minister for
Agriculture, Food and Rural Development;
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“the Directive” means Directive 1999/4/EC of
the European Parliament and of the Council of 22 February 1999;
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“Annex” means the Annex to the Directive;
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“authorised officer” means—
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(a) a person appointed in writing by the
Minister to be an authorised officer for the purposes of these Regulations,
or
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(b) an officer of a Health Board
authorised in writing by the Chief Executive Officer of the Health Board to
be an authorised officer for the purposes of the European Communities
(Labelling, Presentation and Advertising of Foodstuffs) Regulations, 2000 ( S.I.
No. 92 of 2000 ), or
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(c) a person appointed in writing by the
Director of Consumer Affairs to be an authorised officer for the purposes of
the European Communities (Labelling, Presentation and Advertising of
Foodstuffs) Regulations, 2000 ( S.I. No. 92 of 2000 ).
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(2) A word or expression
that is used in these Regulations and is also used in the Directive has,
unless the contrary intention appears, the meaning in these Regulations that
it has in the Directive.
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(3) Any reference in these
Regulations to place on the market or to marketing includes a reference to
barter, offer or expose for sale by wholesale or retail, or have in
possession for sale by wholesale or retail and invite to buy, and kindred
words shall be construed accordingly.
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4. These Regulations apply
to the coffee extracts and chicory extracts referred to in the Annex.
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5. (1) The coffee extracts
and chicory extracts to which these Regulations apply may be placed on the
market from 13 September 2000 provided they comply with the provisions of
the European Communities (Labelling, Presentation and Advertising of
Foodstuffs) Regulations, 2000 ( S.I. No. 92 of 2000 ), subject to the
conditions laid down in Article 2 of the Directive.
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(2) Coffee extracts and
chicory extracts which fail to comply with the provisions of these Regulations
may not be placed on the market after 13 September 2001.
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(3) Coffee extracts and
chicory extracts labelled before 13 September 2001 in conformity with the
European Communities (Coffee Extracts and Chicory Extracts) Regulations 1982
and 1988 may continue to be placed on the market until stocks are exhausted.
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6. (1) An Authorised
officer shall be furnished with a warrant of his or her appointment as an
authorised officer and when exercising any power conferred by these
Regulations, shall, if requested by any person affected, produce the
warrant, to that person.
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(2) A person shall not
obstruct or interfere with an authorised officer in the course of exercising
a power conferred on him or her by these Regulations and shall comply with a
request made by such officer pursuant to these Regulations.
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7. (1) An authorised
officer may at all reasonable times enter—
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(a) any premises in which he or she has
reasonable grounds for believing that coffee extracts or chicory extracts
are kept, sold or being manufactured, or
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(b) stop and enter any railway wagon,
vehicle, ship, vessel or aircraft in which he or she has reasonable grounds
for believing that coffee extracts or chicory extracts are being transported
for sale or kept for sale,
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and
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(i) inspect such premises,
railway wagon, vehicle, ship, vessel or aircraft,
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(ii) inspect and take copies of or extracts from
any books, documents or other records which he or she finds in the course of
the inspection,
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(iii) examine and copy any data or data material
(within the meaning in each case of the Data Protection Act, 1988 ) he or
she finds there, extract information from any such data and take extracts
from any such material,
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(iv) carry out such examinations, tests and
inspections, as he or she may consider appropriate for the purposes of these
Regulations, and
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(v) take such samples,
including samples of wrapping, packaging, labelling or advertising material
as he or she may consider appropriate for the said purposes.
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(2) A person in charge of
premises or of a railway wagon, vehicle, ship, vessel or aircraft shall—
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(a) afford to an authorised officer such
facilities and assistance as are reasonably necessary to enable the officer
to perform his or her functions under this Regulation,
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(b) produce to an authorised officer any
books, documents or other records or material that he or she may reasonably
require,
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(c) give to an authorised officer any
information that he or she may reasonably require regarding—
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(i) any coffee
extracts or chicory extracts on the premises or in the wagon, vehicle, ship,
vessel or aircraft, or
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(ii) any book,
documents or other records or other material produced to him or her pursuant
to this Regulation.
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(3) A sample pursuant to
these Regulations shall be taken and dealt with in the manner prescribed
under Regulation 15(3) of the European Communities (Labelling, Presentation
and Advertising of Foodstuffs) Regulations, 2000 ( S.I. No. 92 of 2000 ).
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8. (1) Any person who
contravenes a provision of Regulation 5, 6(2), or 7(2) shall be guilty of an
offence.
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(2) A person guilty of an
offence under these Regulations shall be liable on summary conviction to a
fine not exceeding £1,500.
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(3) Where an offence under
these Regulations is committed by a body corporate and is proved to have
been so committed with the consent or connivance of or to be attributable to
any neglect on the part of a director, manager, secretary or other officer
of the body corporate, the director, manager, secretary or other officer or
any person purporting to act in such capacity shall, as well as the body
corporate, be guilty of an offence and shall be liable to be proceeded
against and punished accordingly.
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(4) Notwithstanding
section 10(4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an
offence under these Regulations may be instituted within 12 months from the
date of the offence.
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9. An offence under these
Regulations may be prosecuted by the Minister, the Director of Consumer
Affairs or by a Health Board in whose functional area the offence was
committed.
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10. The European
Communities (Coffee Extracts and Chicory Extracts) Regulations 1982 and 1988
shall cease to have effect on 13 September 2000.
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GIVEN under my Official Seal, this
12th day of September, 2000.
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JOE WALSH,
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Minister for Agriculture, Food and Rural Development.
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EXPLANATORY
NOTE.
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(This note is not part
of the Instrument and does not purport to be a legal interpretation.)
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The purpose of these
Regulations is to give legal effect to Directive 1999/4/EC of the European
Parliament and of the Council, which prescribes, and harmonises within the
European Union from 13 September 2001, standards for the composition and
labelling of coffee extracts and chicory extracts.
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These Regulations should
be read in conjunction with Directive 1999/4/EC.
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1 O.J.L.
66 of 13.3.99. P.26
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