S.I. No. 432/1997:

EUROPEAN COMMUNITIES (SUSPENSION OF IMPORTS OF PISTACHIOS AND CERTAIN PRODUCTS DERIVED FROM PISTACHIOS ORIGINATING IN OR CONSIGNED FROM IRAN) REGULATIONS, 1997

EUROPEAN COMMUNITIES (SUSPENSION OF IMPORTS OF PISTACHIOS AND CERTAIN PRODUCTS DERIVED FROM PISTACHIOS ORIGINATING IN OR CONSIGNED FROM IRAN) REGULATIONS, 1997

I, Brian Cowen, Minister for Health and Children in exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purposes of giving effect to Commission Decision of 8 September 1997 on the temporary suspension of imports of pistachios and certain products derived from pistachios originating in or consigned from Iran (97/613/EC¹), hereby make the following Regulations:--

¹ OJ No L248, 11.9.1997, p. 33

1. These Regulations may be cited as the European Communities (Suspension of Imports of Pistachios and Certain Products Derived From Pistachios Originating in or Consigned from Iran) Regulations, 1997.

2. (1) In these Regulations: "authorised officer" means:

( a ) an officer of the Minister for Health and Children who is authorised in writing by the Minister for Health and Children to be an authorised officer for the purposes of the Health (Official Control of Food) Regulations, 1996 { S.I. No. 241 of 1996 }.

( b ) an officer of a health board who is authorised in writing by the Chief Executive Officer of the health board to be an authorised officer for the purposes of the Health (Official Control of Food) Regulations, 1996 { S.I. No. 241 of 1996 }.

"the Commission" means the Commission of the European Communities;

"the Commission Decision" means Commission Decision of 8 September 1997 on the temporary suspension of imports of pistachios and certain products derived from pistachios originating in or consigned from Iran (97/613/EC ).

"import" means the importation into the State;

"Minister" means the Minister for Health and Children.

(2) A word or expression that is used in these Regulations and is also used in the Commission Decision has, unless the contrary intention appears, the meaning in these Regulations that it has in the Commission Decision.

3. A person shall not import or attempt to import:

( a ) pistachios falling within CN code 0802 50 00

( b ) roasted pistachios falling within CN codes 2008 19 13 and 2008 19 93

originating in or consigned from Iran, until further notice.

4. (1) These Regulations shall be enforced and executed by each health board, established in accordance with the Health Act 1970 (No. 1 of 1970) in respect of its functional area through its authorised officers and/or the officers of the Minister for Health and Children who are authorised officers for the purposes of these Regulations.

(2) An offence under these Regulations shall be prosecuted by the Minister for Health and Children or by a health board in whose functional area the offence was committed.

5. (1) For the purposes of ascertaining whether or not there is or has been a contravention of these Regulations, an authorised officer may, at all reasonable times:

( a ) enter any premises of any class or description, not being a premises used only as a private dwelling;

( b ) inspect and take (without payment) samples of any product which is manufactured, stored, sold or offered or kept for sale or supply at such premises, for test, examination or analysis;

( c ) require the production of and, if he thinks fit, take copies of any order, invoice or other document at such premises; and

( d ) seize and detain any product, substance or article which he has reasonable cause to believe to be a product, substance or article, in relation to which, or by means of which, an offence under these Regulations is being committed, and any document which he has reasonable cause to believe to be a document which may be required as evidence in proceedings for an offence under these Regulations.

(2) Where a person seizes any product, substance, article or document in the exercise of such power as is specified in sub-article (1), he shall inform the person from whom it is seized of the said seizure.

(3) With the consent in writing of the owner or person responsible for such foodstuff, an authorised officer may destroy or otherwise dispose of it so as to prevent its use for human consumption.

(4) An authorised officer who has seized any foodstuff in pursuance of the provisions of this Article may, on giving notice in writing to the owner or person responsible for such foodstuff of his intention to do so, apply to a Judge of the District Court for an order directing that such food be destroyed or otherwise disposed of as being a foodstuff which is unfit for human consumption.

(5) A Judge of the District Court to whom the application is made for an order under sub-article (3) may, if satisfied that such foodstuff does not comply with these Regulations, order that it be destroyed or otherwise disposed of after such period, not exceeding fourteen days, as may be specified in such order, as being a foodstuff which is unfit for human consumption and an authorised officer shall destroy or dispose of it accordingly.

(6) Notwithstanding anything contained in this article, where a person claiming to exercise a power by virtue of this article, is required to produce his credentials, the power shall not be exercisable except on production of those credentials.

6. (1) A person shall not wilfully obstruct or interfere with the exercise of a power by a person duly exercising such power as is specified in Article 5.

(2) A person shall give to any authorised officer all reasonable assistance that the officer may require in the performance of his duties under these Regulations and such assistance shall include the giving of information relating to the composition and use of any foodstuff and the identity of the person from whom or the place from which any foodstuff has been obtained and the person to whom and the place to which it has been consigned or the manner in which it has otherwise been disposed of.

7. (1) Any person who contravenes any article or sub-article of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or at the discretion of the Court, to imprisonment for a term not exceeding 6 months or to both.

(2) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of a director, secretary or other officer of the body corporate, the director, secretary or other officer or any person purporting to act in such capacity shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished accordingly.

(3) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under these Regulations may be instituted within 12 months from the date of the offence or any time within twelve months from the date on which knowledge of the commission of the offence came to the attention of an authorised officer.

GIVEN under the Official Seal of the Minister for Health and Children

this 15th day of October 1997.

Brian Cowen, T.D.    

Minister for Health and Children

EXPLANATORY NOTE

These Regulations give effect to Commission Decision 97/613/EC of 8 September 1997 on the temporary suspension of imports of pistachios and certain products derived from pistachios originating in or consigned from Iran.