Kava-kava in Food (England) Regulations 2002
| Year | 2002 |
2002 No. 3169
FOOD, ENGLAND
The Kava-kava in Food (England) Regulations 2002
Made 18th December 2002
Laid before Parliament 23th December 2002
Coming into force 13th January 2003
The Secretary of State, in exercise of the powers conferred by sections 16(1)(a), (e) and (f), 18(1)(c), 26(1) and (3) and 48(1) of the Food Safety Act 19901and now vested in him2and having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency, and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002of the European Parliament and of the Council3and in accordance with section 48(4) and (4B) of the said Act, hereby makes the following Regulations:
Title, commencement and extent
1. These Regulations—
(a) may be cited as the Kava-kava in Food (England) Regulations 2002;
(b) shall come into force on 13th January 2003;
(c) shall extend to England only.
Interpretation
2. In these Regulations—
“the Act” means the Food Safety Act 1990;
“food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“Kava-kava” means a plant, or any part of or an extract from a plant, belonging to the speciesPiper methysticum;
“port health authority” means—
(a) in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 19844by section 7(1) of that Act), the Common Council of the City of London; and
(b) in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
Prohibition on sale etc. of food consisting of or containing Kava-kava
3. No person shall—
(a) sell; or
(b) possess for sale or offer, expose or advertise for sale; or
(c) import into England from a country outside the United Kingdom,
any food consisting of or containing Kava-kava.
Penalty and enforcement
4.—(1) Any person who contravenes regulation 3 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) Subject to paragraph (3), each food authority shall enforce within its area the provisions of these Regulations.
(3) Each port health authority shall enforce within its district the provisions of these Regulations.
Application of various provisions of the Food Safety Act 1990
5.—(1) The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations—
(a)
(a) section 2...
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