Made | 9th April 2002 | ||
Coming into operation | 11th April 2002 |
(2) Any term used in the definition of "controlled Turkish products" or "Turkish products" 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 any controlled Turkish products unless -
(2) Subject to paragraph (3), no person shall import any controlled Turkish products, except through a point of entry listed in Annex II to the Commission Decision.
(3) Neither paragraph (1) nor paragraph (2) shall be taken to prohibit the import from a member State of any controlled Turkish products which are in free circulation in that State.
(4) For the purposes of this regulation, any Turkish products shall be presumed until the contrary is proved to be controlled Turkish products.
(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) These Regulations shall be enforced and executed by each district council within its district.
(2) For the purposes of the exercise of the duty referred to in paragraph (1), an authorised officer shall have the same powers of entry as are bestowed on an authorised officer by Article 33 of the Order for purposes connected with the Order or Regulations or orders under the Order.
(3) Each district council shall give such assistance and information to the Department and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Application of various provisions of the Order
5.
- (1) The following provisions of the Order shall apply for the purposes of these Regulations and any reference in those provisions to the Order shall be construed for the purposes of these Regulations as a reference to these Regulations -
(2) Subject to paragraph (3), Article 8 of the Order (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows -
(2) Paragraphs (3) to (8) shall apply where, whether or not on an inspection carried out under paragraph (1), it appears to an authorised officer that any controlled Turkish products have been imported in contravention of Article 3(1) or (2) of the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) Regulations (Northern Ireland) 2002.
(3) The authorised officer may either -
(b) seize the products and remove them in order to have them dealt with by a justice of the peace;
and any person who knowingly contravenes the requirements of a notice under sub-paragraph (a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) Where the authorised officer exercises the powers conferred by paragraph (3)(a), he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the products have not been imported in contravention of Article 3(1) or (2) of the aforesaid Regulations and -
(5) Where an authorised officer exercises the powers conferred by paragraph (3)(b) or (4)(b), he shall inform the person in charge of the products of his intention to have them dealt with by a justice of the peace and -
(6) If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any products falling to be dealt with by him under this Article have been imported in contravention of regulation 3(1) or (2) of the aforesaid Regulations, he shall condemn the products and order -
(7) If a notice under paragraph (3)(a) is withdrawn, or the justice of the peace by whom any products fall to be dealt with under this Article refuses to condemn them, the district council shall compensate the owner of the products for any depreciation in their value resulting from the action taken by the authorised officer.
(8) Any disputed question as to the right to or the amount of any compensation payable under paragraph (7) shall be determined by a single arbitrator appointed, failing agreement between the parties, by the Department; and the provisions of the Arbitration Act 1996[6] shall apply accordingly.
(9) For the purposes of this Article, any Turkish products shall be presumed until the contrary is proved to be controlled Turkish products.".
(3) The expressions "controlled Turkish products", "for human consumption" and "Turkish products", which are used in Article 8 of the Order so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.
(4) Articles 2(4) and 3 of the Order (extended meaning of "sale" etc.) shall apply in relation to Article 8 of the Order so far as it applies for the purposes of these Regulations by virtue of paragraph (2).
(5) Article 29 of the Order (procurement of samples) shall apply for the purposes of these Regulations with the modifications that -
(b) the power to take samples under paragraphs (b) and (d) shall be limited to the taking of samples in accordance with the methods of taking samples described or referred to in Annex I to Directive 98/53/EC;
(c) paragraph (c) shall be omitted; and
(d) for "any of the provisions of this Order or of regulations or orders made under it" in paragraph (d) there shall be substituted "the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) Regulations (Northern Ireland) 2002".
(6) Where, pursuant to Article 29(b) of the Order as applied by paragraph (5), an authorised officer has taken a sample of any products he believes to be controlled Turkish products, he shall ensure that -
(b) an analysis of the sample is carried out in accordance with methods of analysis which -
(c) an analysis of the sample is carried out by a laboratory which complies with Council Directive 93/99/EEC on the subject of additional measures concerning the official control of foodstuffs[8]; and
(d) the reporting of the result of the analysis of that sample -
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
9th April 2002.
L.S.
Denis McMahon
A Senior Officer of the Department of Health, Social Services and Public Safety
(b) specify the enforcement authority (regulation 4); and
(c) apply, with modifications, provisions of the Food Safety (Northern Ireland) Order 1991 (regulation 5).
[3] O.J. No. L34, 5.2.2002, p. 26back
[4] O.J. No. L78, 21.3.2002, p.14back
[5] O.J. No. L201, 17.7.1998, p. 93back
[7] O.J. No. L372, 31.12.85, p. 90.back
[8] O.J. No. L290, 24.11.93, p. 14back