Made | 19th September 2002 | ||
Coming into operation | 23rd September 2002 |
originating in, or consigned from, China;
(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 on import
3.
- (1) Subject to paragraph (3), no person shall import any controlled Chinese peanuts unless -
(2) Subject to paragraph (3), no person shall import any controlled Chinese peanuts, 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 Chinese peanuts which are in free circulation in that State.
(4) 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.
(5) For the purpose of determining whether or not any person is guilty of an offence consisting of a breach of paragraph (4), any Chinese peanuts shall be presumed until the contrary is proved to be controlled Chinese peanuts.
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 -
(3) The requirements are those specified in -
(4) 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) 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 (Peanuts from China) (Emergency Control) Regulations (Northern Ireland) 2002".
(3) Where, pursuant to Article 29(b) of the Order as applied for the purposes of these Regulations by paragraph (2), an authorised officer has taken a sample of any controlled Chinese peanuts, he shall ensure that -
(b) an analysis of the sample is carried out at a laboratory which complies with Council Directive 93/99/EEC on the subject of additional measures concerning the official control of foodstuffs[9];
(c) that analysis is carried out as soon as practicable by a suitably qualified analyst in accordance with methods of analysis which -
(d) the reporting of the result of that analysis -
(4) Before an analyst agrees to analyse a sample in accordance with paragraph (3)(c) he may demand the payment in advance of such reasonable fee as he may require.
(5) An analyst who has analysed a sample in accordance with paragraph (3)(c) shall give to the person by whom it was submitted a certificate which shall both specify the result of the analysis and be signed by the analyst.
(6) In any proceedings under these Regulations, the production by one of the parties of -
shall be sufficient evidence of the facts stated in it unless, in a case falling within sub-paragraph (a), the other party requires that the analyst shall be called as a witness.
(7) Where a sample procured under Article 29 of the Order as applied for the purposes of these Regulations by paragraph (2) has been analysed in accordance with paragraph (3)(b) and (c), the owner shall be entitled on request to be supplied with a copy of the certificate of analysis by the district council.
(8) Nothing in paragraph (3)(c) shall be taken as preventing an analysis being made by a person acting under the analyst's direction.
Re-dispatch or destruction of illegal imports
6.
- (1) If on an inspection or examination of any Chinese peanuts it appears to an authorised officer that they have been imported in contravention of regulation 3(1) or (2) he may after appropriate consultation with a person appearing to him to be the importer serve on that person a notice ordering -
(2) In any case where such an appeal as is mentioned in paragraph (3) may be brought, the notice served under paragraph (1) shall state -
(3) Any person who is aggrieved by a decision of an authorised officer to serve a notice under paragraph (1) may appeal to a court of summary jurisdiction, which shall determine whether or not the notice was lawfully served.
(4) The period within which such an appeal as is mentioned in paragraph (3) may be brought shall be six days, exclusive of Saturdays, Sundays and public holidays, from the date on which notice of the decision was served on the person desiring to appeal.
(5) The procedure on an appeal to a court of summary jurisdiction under paragraph (3) shall be by way of notice under Part VII of the Magistrates' Courts (Northern Ireland) Order 1981[11].
(6) If the court allows an appeal brought under paragraph (3) the district council shall compensate the owner of the Chinese peanuts concerned for any depreciation in their value resulting from the action taken by the authorised officer.
(7) Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by a single arbitrator appointed, failing agreement between the parties, by the Department of Health, Social Services and Public Safety; and the provisions of the Arbitration Act 1996[12] shall apply accordingly.
(8) Any person who breaches the terms of a notice served under 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.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
19th September 2002.
L.S.
D. Kenny
A Senior Officer of the Department of Health, Social Services and Public Safety
(b) specify the enforcement authority and its duties under the Regulations, including the requirement that in relation to each consignment of controlled Chinese peanuts -
(c) apply with modifications certain provisions of the Food Safety (Northern Ireland) Order 1991 for the purposes of the Regulations and provide for sampling and analysis (regulation 5); and
(d) provide for the re-dispatch or destruction of illegal imports of controlled Chinese peanuts (regulation 6).
[3] O.J. No. L34, 5.2.2002, p. 21back
[4] O.J. No. L78, 21.3.2002, p. 14back
[5] O.J. No. L229, 27.8.2002, p. 33back
[6] O.J. No. L201, 17.7.1998, p. 93back
[7] O.J. No. L75, 16.3.2002, p. 44back
[8] S.I. 1991/762 (N.I. 7) as amended by S.I.1996 /1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28back
[9] O.J. No. L290, 24.11.93, p. 14back
[10] O.J. No. L372, 31.12.85, p. 50back
[11] S.I.1981/1675 (N.I. 26)back