Kava-kava in Food (Scotland) Regulations 2002
Jurisdiction | Scotland |
2002 No. 523
FOOD
The Kava-kava in Food (Scotland) Regulations 2002
Made 28th November 2002
Laid before the Scottish Parliament 2nd December 2002
Coming into force 1st January 2003
The Scottish Ministers, in exercise of the powers conferred by sections 6(4), 16(1)(a), (e) and (f), 18(1)(c), 26(1) and (3) and 48(1) of the Food Safety Act 19901, and of all other powers enabling them in that behalf, and having had regard in accordance with section 48(4A)2of that Act to relevant advice given by the Food Standards Agency, and after consultation in accordance with section 48(4) and (4B)3of that Act, hereby make the following Regulations:
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Kava-kava in Food (Scotland) Regulations 2002 and shall come into force on 1st January 2003.
(2) These Regulations extend to Scotland only.
Interpretation
2. In these Regulations–
“the Act” means the Food Safety Act 1990;
“Kava-kava” means a plant, or any part of or an extract from a plant, belonging to the speciesPiper methysticum.
Prohibition on sale etc. of food consisting of or containing Kava-kava
3. No person shall–
(a) sell;
(b) possess for sale or offer, expose or advertise for sale; or
(c) import into Scotland,
any food consisting of or containing Kava-kava.
Penalty and enforcement
4.—(1) Any person who contravenes regulation 3 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) Each food authority shall enforce, within its area, the provisions of these Regulations.
Application of various provisions of the Food Safety Act 1990
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 for the purposes of these Regulations as a reference to these Regulations–
(a)
(a) section 2 (extended meaning of “sale” etc.);
(b)
(b) section 3 (presumption that food intended for human consumption);
(c)
(c) section 20 (offences due to fault of another person);
(d)
(d) section 21 (defence of due diligence) as it applies for the purposes of sections 8, 14 or 15 of the Act;
(e)
(e) section 22 (defence of publication in the course of a business);
(f)
(f) section 30(8) (which relates to documentary evidence);
(g)
(g) section 33 (obstruction etc. of officers);
(h)
(h) section 35(1) to (3)...
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