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	Statutory Instruments of the Scottish Parliament
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"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[2];

"the Commission Decision" means Commission Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism "LL RICE 601" in rice products[3] as amended by Commission Decision 2006/754/EC amending Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism "LL RICE 601" in rice products[4];

"rice product" means a rice product that originates from the United States of America and that is of any type referred to in the table in Article 1 of the Commission Decision.

"Regulation 178/2002" means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[5] as amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[6] and Commission Regulation (EC) No. 575/2006 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the permanent Scientific Panels of the European Food Safety Authority[7].

    (2) For the purposes of these Regulations any expression used both in these Regulations and in the Commission Decision has the meaning it bears in the Commission Decision.

Restriction on first placing on the market of rice products
     3. —(1) No person shall first place on the market any rice product unless–

(a) the conditions specified in Article 2.1 of the Commission Decision are satisfied in relation to that product;

(b) official sampling and analysis carried out in accordance with Article 2.2 of that Decision demonstrates that that product does not contain genetically modified rice "LL RICE 601"; and

(c) arrangements have been made to ensure compliance with the conditions specified in Article 2(4) of that Decision in relation to that product.

    (2) Any person who knowingly contravenes the prohibition in paragraph (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 of the standard scale, to imprisonment for a term not exceeding three months or to both.

Enforcement
     4. —(1) Each local authority shall execute and enforce the Commission Decision and these Regulations within its area.

    (2) A local authority may authorise in writing any person (whether or not an officer of that authority) to act in matters arising under these Regulations.

    (3) An authorised officer shall have the same powers as an authorised officer of an enforcement authority under section 32 (powers of entry) of the Food Safety Act 1990;

    (4) Each local authority shall give such assistance and information to the Scottish Ministers and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.

Recovery of Costs
     5. The costs mentioned in Article 5 of the Commission Decision shall be payable by the food business operator to the local authority and shall be recoverable by the local authority as a debt from the food business operator concerned.

Application of various provisions of the Food Safety Act 1990
     6. —(1) The following provisions of the Food Safety Act 1990[8] shall apply for the purposes of these Regulations with the modification that any reference in those provisions to that Act or Part of it shall be construed as a reference to these Regulations–

(a) section 20 (offences due to fault of another person);

(b) section 21 (defence of due diligence) with the modification that subsections (2) to (4) shall apply in relation to an offence under regulation 3 as they apply in relation to an offence under section 14 or 15 and that in subsection (4)(b) the references to "sale or intended sale" shall be deemed to be references to "first placing on the market";

(c) section 33 (obstruction etc. of officers);

(d) section 35(1) to (3) (punishment of offences), in so far as it relates to offences under section 33 as applied by sub-paragraph (c);

(e) section 36 (offences by bodies corporate);

(f) section 36A (offences by Scottish partnerships)[9]; and

(g) section 44 (protection of officers acting in good faith).

    (2) For the purposes of these regulations the provisions mentioned in paragraph (1) shall apply to feed as they apply to food.


LEWIS MACDONALD
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
8th November 2006

[2] 1994 c.39.back

[3] O.J. No. L 244, 7.9.06, p.27.back

[4] O.J. No. L 306, 7.11.06, p.17.back

[5] O.J. No. L 31, 1.2.02, p.1.back

[6] O.J. No. L 245, 29.9.03, p.4.back

[7] O.J. No. L 100, 8.4.06, p.3.back

[8] 1990 c.16.back

[9] Section 36A was inserted by the Food Standards Act 1999 (1999 c.28), Schedule 5, paragraph 16.back

 © Crown copyright 2006