Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) (Scotland) Regulations 2002
| Year | 2002 |
2002 No. 300
FOOD
AGRICULTURE
The Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) (Scotland) Regulations 2002
Made 19th June 2002
Laid before the Scottish Parliament 24th June 2002
Coming into force 20th June 2002
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 19721and of 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 and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) (Scotland) Regulations 2002 and shall come into force on 20th June 2002.
(2) These Regulations extend to Scotland only.
Interpretation
2.—(1) In these Regulations–
“the Act” means the Food Safety Act 19902and, 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 2002/69/ECconcerning certain protective measures with regard to the products of animal origin imported from China3as amended by Commission Decision 2002/441/EC4;
“free circulation” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community;
“relevant product of animal origin” means a product of animal origin falling within either of the following descriptions:–
(a) products of animal origin originating in, or consigned from, China, and intended for human consumption, or for animal feed use, except for any such product which is of a kind to which the derogation contained in Article 2.2 of the Commission Decision (which is concerned with casings, certain fishery products and gelatine) applies; or
(b) products which contain any product of animal origin falling within the description given in paragraph (a) of this definition.
(2) Any expression used both in these Regulations and in the Commission Decision has the same meaning in these Regulations as it bears in the Commission Decision.
Prohibition of importation and offence
3.—(1) Subject to paragraph (2), no person shall import into Scotland any relevant product of animal origin.
(2) Paragraph (1) shall not be taken to prohibit the bringing into Scotland–
(a)
(a) from another member State of the European Community of any relevant product of animal origin which is in free circulation in that member State; and
(b)
(b) from England, Wales or Northern Ireland of any relevant product of animal origin which has been imported into the United Kingdom in accordance with the Commission Decision.
(3) Any person who knowingly contravenes paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months.
Enforcement
4.—(1) It shall be the duty of each food authority to execute and enforce these Regulations within its area.
(2) For the purposes of the exercise of the duty referred to in paragraph (1)–
(a)
(a) the food authority shall exercise that duty in accordance with Article 4 of the Commission Decision (which is concerned with levying of charges in respect of expenditure incurred in connection with the application of the Commission Decision); and
(b)
(b) an authorised officer of the food authority shall–
(i) comply with Article 3.1 of the Commission Decision (which is concerned with the sampling and analysis of consignments of certain fishery products and of casings);
(ii) be subject to the same obligations as regards the handling of samples procured under the Act as applied by regulation 5(5) as are imposed on an authorised officer of an enforcement authority by regulations 6 to 8 of the Food Safety (Sampling and Qualifications) Regulations 19905; and
(iii) 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 under the Act, and shall also have, in relation to any business producing material for animal feed use, the same power as an authorised officer of an enforcement authority under that section in relation to a food business.
(3) A person on whom a charge is levied under paragraph (2)(a) shall pay it to the food authority on demand.
(4) Each food authority shall give such assistance and information to the Food Standards Agency as it may reasonably request in connection with the execution and enforcement of these Regulations.
Application of various provisions of the Act
5.—(1) The following provisions of the Act shall apply for the purposes of these Regulations and 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 30 (analysis etc. of samples), with the further modifications that–
(i) the reference to “section 29 above” in subsection (1) shall be deemed to be a reference to that section as applied by regulation 5(5); and
(ii) in the definition of “sample” in subsection (9), the reference to “regulations under section 31 below” shall be deemed to be a reference to regulation 4(2)(b)(ii);
(c)
(c) section 33 (obstruction etc. of officers);
(d)
(d) section 35(1) to (3) (punishment of offences) in so far as it relates to...
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