Food (Peanuts from China) (Emergency Control) (Wales) Regulations 2002
| Year | 2002 |
2002 No. 820 (W.96)
FOOD, WALES
The Food (Peanuts from China) (Emergency Control) (Wales) Regulations 2002
Made 25th March 2002
Coming into force 26th March 2002
The National Assembly for Wales, being 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 it by that section, and all other powers enabling it in that behalf, makes the following Regulations:
Citation, commencement and application
1.—(1) These Regulations may be cited as the Food (Peanuts from China) (Emergency Control) (Wales) Regulations 2002 and shall come into force on 26 March 2002.
(2) These Regulations extend to Wales only.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Food Safety Act 19903and, 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 2002/79/ECimposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China4as amended by Commission Decision 2002/233/EC5;
“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 95/53/EC” means Commission Directive 98/53/EClaying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs6;
“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 a port health authority for a port health district constituted under section 2(4) of the Public Health (Control of Disease) Act 19847.
(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 unless—
(a)
(a) the conditions specified in Article 1.1 and 1.3 of the Commission Decision are satisfied in relation to those peanuts; or
(b)
(b) the derogation contained in Article 1a of the Commission Decision (which is concerned with consignments which left China prior to 11th March 2002) is satisfied in relation to them.
(2) Subject to paragraph (3), no person shall import into Wales any controlled Chinese peanuts, but this shall not operate to prevent the transportation into Wales of such controlled Chinese peanuts lawfully imported through a point of entry listed in Annex II to the Commission Decision in accordance with the Food (Peanuts from China) (Emergency Control) (England) Regulations 20028.
(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) For the purposes of this regulation, any Chinese peanuts shall be presumed until the contrary is proved to be controlled Chinese peanuts.
(5) 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.
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 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) Each port health authority and food authority shall give such assistance and information to the National Assembly for Wales and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Application etc. of various provisions of the Act
5.—(1) The following provisions of the Act shall apply for the purposes of these Regulations with the modification that 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 33(1) (obstruction etc. of officers);
(c)
(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)
(d) section 35(1) (punishment of offences) in so far as it relates to offences under section 33(1) as applied by sub-paragraph (b);
(e)
(e) section 35(2) and (3)...
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