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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Food (Peanuts from China) (Emergency Control) (Scotland) Regulations 2002 URL: http://www.bailii.org/scot/legis/num_reg/2002/20020149.html |
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The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and all other powers enabling them in that behalf, hereby make the following Regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Food (Peanuts from China) (Emergency Control) (Scotland) Regulations 2002 and shall come into force at 1700 hours on 25th March 2002. (2) These Regulations extend to Scotland only. Interpretation 2. - (1) In these Regulations-
(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 2002 11 94 (in immediate packs of a net content exceeding 1 kg) 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;
(2) In these Regulations, any terms used in the definition of "Chinese peanuts" have the same meaning as in the Commission Decision.
(b) the derogation contained in Article 1a of the Commission Decision (which is concerned with the importation of Chinese peanuts which left China before 11th March 2002) is satisfied in relation to the Chinese peanuts concerned.
(2) Subject to paragraph (3), no person shall import into Scotland any Chinese peanuts which are intended for human consumption or to be used as an ingredient in foodstuffs, other than through a point of entry listed in Annex II to the Commission Decision.
(ii) from England, Wales or Northern Ireland of Chinese peanuts which have been imported into the United Kingdom in accordance with the Commission Decision.
(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.
(b) section 33(1) (obstruction etc. of officers); (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) section 35(1) (punishment of offences) in so far as it relates to offences under section 33(1) applied by sub-paragraph (b); (e) section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (c); (f) section 36 (offences by bodies corporate); (g) section 36A (offences by Scottish partnerships); and (h) 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:-
(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) shall apply where, whether or not on an inspection carried out under subsection (1), it appears to an authorised officer that any Chinese peanuts have been imported into Scotland in contravention of regulation 3(1) or (2) of the Food (Peanuts from China) (Emergency Control) (Scotland) Regulations 2002.
(ii) either are not to be removed or are not to be removed except to some place specified in the notice; or
(b) seize the Chinese peanuts and remove them in order to have them dealt with by a sheriff,
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.
(b) if the authorised officer is not so satisfied, shall seize the Chinese peanuts and remove them in order to have them dealt with by a sheriff.
(5) Where an authorised officer exercises the powers conferred by subsection (3)(b) or (4)(b) above, the authorised officer shall inform the person in charge of the Chinese peanuts of the intention to have them dealt with by a sheriff and any person who under regulation 3(4) of the Food (Peanuts from China) (Emergency Control) (Scotland) Regulations 2002 might be liable to a prosecution in respect of the Chinese peanuts shall, if that person attends before the sheriff by whom the Chinese peanuts fall to be dealt with, be entitled to be heard and to call witnesses.
(b) any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the Chinese peanuts.
(7) If a notice under subsection (3)(a) above is withdrawn, or the sheriff by whom any Chinese peanuts fall to be dealt with under this section refuses to condemn them, the food authority shall compensate the owner of the Chinese peanuts for any depreciation in their value resulting from the action taken by the authorised officer.
(3) The words "Chinese peanuts" used in the application of section 9 of the Act for the purposes of these Regulations which is effected by paragraph (2) shall, for those purposes, bear the meaning that those words respectively bear in these Regulations.
(b) for subsection b(ii) there shall be substituted the following subsection:-
(c) the power to take samples under subsections (b) and (d) shall be limited to the taking of samples in accordance with methods of taking samples described or referred to in Annex I to Directive 98/53/EC;
(6) Where, pursuant to section 29(b) of the Act as applied by paragraph (5), an authorised officer has taken a sample of any Chinese peanuts, it shall be ensured that-
(ii) in the case of whole nuts, paragraph 1.2 of Annex II to Directive 98/53/EC;
(b) an analysis of the sample is carried out in accordance with methods of analysis which-
(ii) meet the criteria specified in paragraph 4.3 of Annex II to Directive 98/53/EC as read with the notes thereto;
(c) an analysis of the sample is carried out by a laboratory which complies with Council Directive 93/99/EEC on the subject of additional measures concerning the official control of foodstuffs[7]; and
(ii) is in accordance with paragraph 4.4 of Annex II to Directive 98/53/EC.
No regulatory impact assessment has been prepared in relation to these Regulations.
[3]
O.J. L 34, 5.2.02, p.21.back
[4]
O.J. L 78, 21.3.02, p.14.back
[5]
O.J. L 201, 17.7.98, p.93.back
[6]
O.J. L 372, 31.12.85, p.90.back
[7]
O.J. L 290, 24.11.93, p.14.back
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| © Crown copyright 2002 | Prepared 24 April 2002 |
