Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (Wales) (No. 2) Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/2296 |
2002 No. 2296 (W.225)
FOOD, WALES
The Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (Wales) (No. 2) Regulations 2002
Made 4th September 2002
Coming into force 9th September 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, in exercise of the powers conferred on it by that section, makes the following Regulations:
Title, commencement and application
1.—(1) These Regulations may be cited as the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (Wales) (No. 2) Regulations 2002 and shall come into force on 9 September 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 2002/80/ECimposing special conditions on the import of figs, hazelnuts and pistachios and certain products derived thereof originating in or consigned from Turkey4as amended by Commission Decision 2002/233/EC5and Commission Decision 2002/679/EC6;
“controlled Turkish products” means Turkish products which are intended for human consumption or to be used as an ingredient in foodstuffs;
“Directive 98/53/EC” means Commission Directive 98/53/EClaying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs7as amended by Commission Directive 2002/27/EC8;
“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 in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 19849, a port health authority for that district constituted by order under section 2(4) of that Act;
“Turkish products” means products of the categories to which Article 1.1 of the Commission Decision applies and which originate in or are consigned from Turkey.
(2) Any term used in the definition of “controlled Turkish products” or “Turkish products” in paragraph (1) has the same meaning as in the Commission Decision.
Prohibition on import
3.—(1) Subject to paragraph (3), no person shall import into Wales any controlled Turkish products.
(2) Subject to paragraph (3), no person shall transport into Wales, from any other part of the United Kingdom, any controlled Turkish products other than controlled Turkish products which have been lawfully imported into the United Kingdom through a point of entry listed in Annex II to the Commission Decision in accordance with the provisions in the legislation in force in relation thereto in that part of the United Kingdom in which that point of entry is situated.
(3) Neither paragraph (1) nor paragraph (2) shall be taken to prohibit the import into Wales from a member State of any controlled Turkish products which are in free circulation in that State.
(4) Any person who knowingly contravenes paragraph (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.
(5) For the purposes of determining whether or not any person is guilty of an offence consisting of a breach of paragraph (4), any Turkish products shall be presumed until the contrary is proved to be controlled Turkish products.
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 for the area in which 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 shall—
(a)
(a) ensure that the requirements referred to in paragraph (4) are adhered to; and
(b)
(b) 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 made under the Act.
(4) The requirements are those specified in—
(a)
(a) Article 1.4 of the Commission Decision (which is concerned with documentary checks relating to consignments of controlled Turkish products); and
(b)
(b) Article 1.5 and 1.6 of that Decision (which provisions are concerned with the sampling and analysis of such consignments) other than the requirement under Article 1.5 to supply the Commission with specified information.
(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 Food Safety Act 1990 and sampling and analysis
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 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...
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