Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) (England) Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/1614 |
| Year | 2002 |
(1) These Regulations may be cited as the Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) (England) Regulations 2002 and shall come into force on 20th June 2002.(2) These Regulations extend to England only.(1) In these Regulations—(2) Any expression used both in these Regulations and in the Commission Decision has the same meaning in these Regulations as it bears in that Decision.(1) Subject to paragraph (2) , no person shall import into England any relevant product of animal origin.(2) Paragraph (1) shall not be taken to prohibit the import into England from another member State of any relevant product of animal origin which is in free circulation in that member State.(3) Any person who knowingly contravenes paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months.(1) Subject to paragraph (2) , it shall be the duty of each port health authority to execute and enforce these Regulations within its district.(2) In relation to any place which is not situated in the district of a port health authority these Regulations shall be executed and enforced by the food authority within whose area that place is situated.the authority concerned shall exercise that duty in accordance with Article 4 of the Commission Decision (which is concerned with the levying of charges in respect of expenditure incurred in connection with the application of the Commission Decision) ;comply with Article 3.1 of the Commission Decision (which is concerned with the sampling and analysis of consignments of certain fishery products and of casings) , andhave the same powers of entry as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or Regulations or Orders under the Act, and shall also have, in relation to any business producing material for animal feed use, the same power as an authorised officer of an enforcement authority has under that section in relation to a food business.(4) A person on whom a charge is levied under paragraph (3) (a) shall pay it to the authority concerned on demand.(5) Each port health authority and food authority shall give such assistance and information to the Secretary of State and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.section 20 (offences due to fault of another person) ;section 33(1) (obstruction, etc. of officers) ;section 33(2) , with the modification that the reference to “any such requirement as is mentioned in subsection (1) (b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1) (b) as applied by sub-paragraph (b) ;section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by sub-paragraph (b) ;section 35(2) and (3) , in so far as it relates to offences under section 33(2) as applied by sub-paragraph (c) ;section 36 (offences by bodies corporate) ; andsection 44 (protection of officers acting in good faith) .(2) Subject to paragraph (3) , section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows—
- (1) An authorised officer of a food authority or a port health authority may at all reasonable times inspect any relevant product of animal origin which—
- (a) has been sold or is offered or exposed for sale; or
- (b) is in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale.
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