Food and Animal Feedingstuffs (Products of Animal Origin from China) (Control) (Wales) Regulations 2002

Publication Date:January 01, 2002
 
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2002No. 203 (W.26)

FOOD, WALES

AGRICULTURE, WALES

The Food and Animal Feedingstuffs (Products of Animal Origin from China) (Control) (Wales) Regulations 2002

1stFebruary2002

2ndFebruary2002

The National Assembly for Wales being designated( 1) for the purposes of section 2(2) of the European Communities Act 1972( 2) in relation to the Common Agricultural Policy of the European Community in exercise of the powers conferred on it by that section, and of all other powers enabling it in that behalf, 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) (Control) (Wales) Regulations 2002 and shall come into force on 2nd February 2002.

(2) These Regulations extend to Wales only.

Interpretation

2. - (1) In these Regulations -

"the Act" means the Food Safety Act 1990( 3) and save where otherwise indicated 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/EC concerning certain protective measures with regard to the products of animal origin imported from China( 4);

"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 1984( 5);

"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 and certain fishery products) 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.

Disapplication

3. Regulation 4 shall not apply in relation to any relevant product of animal origin to which the derogation contained in Article 3.1 of the Commission Decision (which is concerned with the importation of consignments of products of animal origin which left China prior to 31st January 2002 and arrive in Wales on or before 13th March 2002) applies.

Prohibition of importation and offence

4. - (1) Subject to paragraph (2) and regulation 3, no person shall import into Wales any relevant product of animal origin.

(2) Paragraph (1) shall not be taken to prohibit the bringing into Wales from another member State of the European Community 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

5. - (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), an authorised officer of the authority concerned -

(a) shall have the same powers of entry as are bestowed on an...

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