Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (Wales) Regulations 2002

JurisdictionUK Non-devolved
CitationSI 2002/821

2002 No. 821 (W.97)

FOOD, WALES

The Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (Wales) Regulations 2002

Made 25th March 2002

Coming into force 26th March 2002

The National Assembly for Wales, being designated1in relation to Wales for 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 by that section, makes the following Regulations:

S-1 Title, commencement and extent

Title, commencement and extent

1.—(1) These Regulations may be cited as the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (Wales) Regulations 2002 and shall come into force on 26th March 2002.

(2) These Regulations extend to Wales only.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“the Act” means the Food Safety Act 19903and, 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 2002/80/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/EC5;

“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 foodstuffs6;

“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 19847; and

“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.

S-3 Prohibition of import

Prohibition of import

3.—(1) Subject to paragraph (3), no person shall import into Wales any controlled Turkish products unless—

(a)

(a) the conditions specified in Article 1.1 and 1.3 of the Commission Decision are satisfied in relation to those products; or

(b)

(b) the derogation contained in Article 1a of the Commission Decision (which is concerned with consignments which left Turkey prior to 11th March 2002) is satisfied in relation to them.

(2) Subject to paragraph (3), no person shall import into Wales any controlled Turkish products, but this shall not operate to prevent the transportation into Wales of such controlled Turkish products lawfully imported through a point of entry listed in Annex II to the Commission Decision in accordance with the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) Regulations 20028.

(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) For the purposes of this regulation, any Turkish products shall be presumed until the contrary is proved to be controlled Turkish products.

(5) 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.

S-4 Enforcement

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 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) 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.

S-5 Application etc. of various provisions of the Act

Application etc. 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 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 that subsection 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 sub-paragraph (c);

(f)

(f) section 36 (offences by bodies corporate); and

(g)

(g) section 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—

S-9

9.—(1) An authorised officer of a food authority or a port health authority may at all reasonable times inspect any controlled Turkish products which—

(a)

(a) have been sold or are offered or exposed for sale; or

(b)

(b) are in the possession of, or have been deposited with or consigned to, any person for the purpose of sale or of preparation for sale.

(2) Subsections (3) to (8) below shall apply where, whether or not on an inspection carried out under subsection (1) above, it appears to an authorised officer that any controlled Turkish products have been imported into Wales in contravention of regulation 3(1) or (2) of the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (Wales) Regulations 2002.

(3) The authorised officer may either—

(a)

(a) give notice to the person in charge of the products that, until the notice is withdrawn, the products or any specified quantity of them—

(i) are not to be used for human consumption, and

(ii) either are not to be removed or are not to be removed except to some place specified in the notice; or

(b)

(b) seize the products and remove them in order to have them dealt with by a justice of the peace;

and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Where the authorised officer exercises the powers conferred by subsection (3)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the products have not been imported in contravention of regulation 3(1) or (2) of the above Regulations and—

(a)

(a) if he is so satisfied, shall forthwith withdraw the notice;

(b)

(b) if he is not so satisfied, shall seize the products and remove them in order to have them dealt with by a justice of the peace.

(5) Where an authorised officer exercises the powers conferred by subsection (3)(b)...

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