The Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (England) Regulations 2003
| Year | 2003 |
2003 No. 1940
FOOD, ENGLAND
The Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (England) Regulations 2003
Made 28th July 2003
Laid before Parliament 29th July 2003
Coming into force 30th July 2003
The Secretary of State, being a Minister designated1for 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 on him by that section, makes the following Regulations:
Title, commencement and application
1.—(1) These Regulations may be cited as the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (England) Regulations 2003 and shall come into force on 30th July 2003.
(2) These Regulations apply in relation to England only.
Interpretation
2.—(1) In these Regulations —
“the Act” means the Food Safety Act 19903and, 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 2003/460/ECon emergency measures regarding hot chilli and hot chilli products4as corrected by a corrigendum published on 25th July 20035;
“controlled hot chilli and hot chilli products” means hot chilli and hot chilli products intended for human consumption;
“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple) nor 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;
“hot chilli and hot chilli products” means fruits of the genus Capsicum, dried and crushed or ground falling within CN code 0904 20 30 or 0904 20 90; and
“port health authority” means —
(a) in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 19846by section 7(1) of that Act), the Common Council of the City of London; and
(b) in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, 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 “hot chilli and hot chilli products” in paragraph (1) has the same meaning as in the Commission Decision.
Prohibition on import
3.—(1) Subject to paragraph (2), no person shall import into England any controlled hot chilli and hot chilli products unless —
(a)
(a) the conditions specified in Articles 2.1 and 3, 3.1 and 4 of the Commission Decision are satisfied in relation to those products; and
(b)
(b) the costs resulting from their analysis and storage specified in Article 6 of the Decision have been met.
(2) Nothing in paragraph (1) shall be taken to prohibit the import into England from a member State of any controlled hot chilli and hot chilli products which are in free circulation in that State.
(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 to imprisonment for a term not exceeding three months.
(4) For the purpose of determining whether or not any person is guilty of an offence consisting of a breach of paragraph (3), any hot chilli and hot chilli products shall be presumed until the contrary is proved to be controlled hot chilli and hot chilli products.
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)
(a) ensure that the requirements referred to in paragraph (4) are adhered to; and
(b)
(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)
(a) Article 2.1 and 2 of the Commission Decision (which is concerned with documentary checks relating to consignments of controlled hot chilli and hot...
To continue reading
Request your trial