Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) (Wales) Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/1798 |
| Year | 2002 |
2002 No. 1798 (W.173)
FOOD, WALES
AGRICULTURE, WALES
The Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) (Wales) Regulations 2002
Made 11th July 2002
Coming into force 12th July 2002
The National Assembly for Wales, being designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Community, acting in exercise of the powers conferred by that section, makes the following Regulations:
Title, commencement and extent
1.—(1) These Regulations may be cited as the Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) (Wales) Regulations 2002 and shall come into force on 12th July 2002.
(2) These Regulations apply to Wales only.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Food Safety Act 19903and, save where the context otherwise requires and subject to paragraph (2), any expression used both in these Regulations and in the Act has the meaning it bears in the Act;
“the Commission Decision” means Commission Decision 2002/69/ECconcerning certain protective measures with regard to the products of animal origin imported from China4, as amended by Commission Decision 2002/441/EC5;
“food authority” does not include a port health authority;
“free circulation” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community;
“port health authority” means a port health authority for a port health district constituted under section 2(4) of the Public Health (Control of Disease) Act 19846;
“relevant product of animal origin” means a product of animal origin falling within either of the following descriptions—
(a) products of animal origin originating in, or consigned from, China, and intended for human consumption, or animal feed use, except for any such product which is of a kind to which the derogation contained in Article 2.2 of the Commission Decision (which is concerned with casings, certain fishery products and gelatine) applies; and
(b) products which contain any product falling within the description given in paragraph (a) of this definition.
(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.
Prohibition of importation and offence
3.—(1) Subject to paragraph (2), no person shall import into Wales any relevant product of animal origin.
(2) Paragraph (1) shall not be taken to prohibit the import into Wales from a 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.
Enforcement
4.—(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.
(3) For the purposes of the exercise of the duty referred to in paragraph (1) or, as the case may be, (2)—
(a)
(a) 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);
(b)
(b) an authorised officer of the authority concerned shall—
(i) 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), and
(ii) have 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 National Assembly for Wales and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Application of various provisions of the Act
5.—(1) The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in them to the Act or Part thereof shall be construed as a reference to these Regulations—
(a)
(a) section 20 (offences due to fault of another person);
(b)
(b) section 33(1) (obstruction, etc. of officers);
(c)
(c) 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);
(d)
(d) section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (b);
(e)
(e) section 35(2) and (3), in so far as it relates to offences under section 33(2) as applied by...
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