Food (Peanuts from China) (Emergency Control) (Wales) (No. 2) Regulations 2002

Publication Date:January 01, 2002
 
FREE EXCERPT

2002No. 2295 (W.224)

FOOD, WALES

The Food (Peanuts from China) (Emergency Control) (Wales) (No. 2) Regulations 2002

4thSeptember2002

9thSeptember2002

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, makes the following Regulations:

Citation, commencement and application

1. - (1) These Regulations may be cited as the Food (Peanuts from China) (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 1990( 3) and 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 2002/79/EC imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China( 4) as amended by Commission Decision 2002/233/EC( 5) and Commission Decision 2002/678 /EC( 6);

"Chinese peanuts" means -

(a) peanuts falling within CN code 1202 10 90 or within CN code 1202 20 00;(b) roasted peanuts falling within CN code 2008 11 92 (in immediate packs of a net content exceeding 1 kg) or roasted peanuts falling within CN code 2008 11 96 (in immediate packs of a net content not exceeding 1 kg); and(c) peanuts falling within CN code 2008 11 94 (in immediate packs of a net content exceeding 1kg) or peanuts falling within CN code 2008 11 98 (in immediate packs of a net content not exceeding 1 kg),

originating in, or consigned from, China;

"controlled Chinese peanuts" means Chinese peanuts which are intended for human consumption or to be used as an ingredient in foodstuffs;

"Directive 98/53/EC" means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs( 7) as amended by Commission Decision 2002/27/EC( 8);

"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; and

"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 1984( 9), a port health authority for that district constituted by order under section 2(4) of that Act.

(2) Any term used in the definition of "Chinese peanuts" or "controlled Chinese peanuts" in paragraph (1) has the same meaning as in the Commission Decision.

Prohibition of import

3. - (1) Subject to paragraph (3), no person shall import into Wales any controlled Chinese peanuts.

(2) Subject to paragraph (3), no person shall transport into Wales, from any other part of the United Kingdom, any controlled Chinese peanuts other than controlled Chinese peanuts which have lawfully been 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 Chinese peanuts 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 purpose of determining whether or not any person is guilty of an offence consisting of a breach of paragraph (4), any Chinese peanuts shall be presumed until the contrary is proved to be controlled Chinese peanuts.

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) ensure that the requirements referred to in paragraph (4) are adhered to; and(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) Article 1.4 of the Commission Decision (which is concerned with documentary checks relating to consignments of controlled Chinese peanuts); and(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...

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