Made | 4th September 2002 | ||
Coming into force | 9th September 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 on import
3.
- (1) Subject to paragraph (3), no person shall import into Wales any controlled Turkish products.
(2) Subject to paragraph (3), no person shall transport into Wales, from any other part of the United Kingdom, any controlled Turkish products other than controlled Turkish products which have been lawfully imported into the United Kingdom through a point of entry listed in Annex II to the Commission Decision in accordance with the provisions in the legislation in force in relation thereto in that part of the United Kingdom in which that point of entry is situated.
(3) Neither paragraph (1) nor paragraph (2) shall be taken to prohibit the import into Wales from a member State of any controlled Turkish products 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 purposes of determining whether or not any person is guilty of an offence consisting of a breach of paragraph (4), any Turkish products shall be presumed until the contrary is proved to be controlled Turkish products.
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 -
(4) The requirements are those specified in -
(5) 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 of various provisions of the Food Safety Act 1990 and sampling and analysis
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 -
(2) Section 29 of the Act (procurement of samples) shall apply for the purposes of these Regulations with the modifications that -
(c) the power to take samples under subsections (b) and (d) shall be limited to the taking of samples in accordance with -
(d) subsection (c) shall be omitted; and
(e) for the words "any of the provisions of this Act or of regulations or orders made under it" in subsection (d) there shall be substituted the words "the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (Wales) (No. 2) Regulations 2002".
(3) Where, pursuant to section 29(b) of the Act as applied for the purposes of these Regulations by paragraph (2), an authorised officer has taken a sample of any controlled Turkish products, the authorised officer 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[10];
(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) the analyst may demand the payment in advance of such reasonable fee as the analyst 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 section 29 of the Act 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 authority which, by virtue of regulation 4(1) or (2), has the duty of enforcing them.
(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 Turkish products it appears to an authorised officer of a port health authority or as the case may be food authority that they have been imported in contravention of regulation 3(1) or transported in contravention of regulation 3 (2) the authorised officer may after appropriate consultation with a person appearing to the authorised officer to be the importer serve on that person a notice ordering -
(2) Any person who is aggrieved by the decision of an authorised officer to serve a notice under paragraph (1) may appeal to a magistrates' court.
(3) The procedure on an appeal to a magistrates' court under paragraph (2) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980[12] shall apply to the proceedings.
(4) The period within which such an appeal as is mentioned in paragraph (2) may be brought shall be one month from the date on which the notice was served and the making of the complaint shall be deemed for the purpose of this paragraph to be the bringing of the appeal.
(5) In any case where such an appeal as is mentioned in paragraph (2) may be brought the notice served under paragraph (1) shall state -
(6) If the court allows an appeal under paragraph (2) it shall compensate the owner of the Turkish products 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 arbitration.
Revocation of the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (Wales) (Regulations) 2002
7.
The Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (Wales) (Regulations) 2002 as amended [13] are revoked.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[14]
Jane Davidson
Minister for Education and Lifelong Learning
4th September 2002
(Note: There are no specified ports of entry for the United Kingdom located in Wales).
No regulatory impact assessment has been prepared in relation to these Regulations.
These Regulations have been made in English only as, given the urgency with which they have had to be made, it was not reasonably practicable in the time available to produce a Welsh text.
[4] OJ No. L34, 5.2.2002, p.26.back
[5] OJ No. L78, 21.3.2002, p.14.back
[6] OJ No. L229, 27.8.2002, p.37back
[7] OJ No. L201, 17.7.1998, p.93.back
[8] OJ No. L75, 16.3.2002, p.44.back
[10] OJ No L290, 24.11.93, p.14.back
[11] OJ No. L372, 31.12.85, p.50.back
[13] S.I. 2002/821(W.97); as amended by S.I. 2002/ 1726 (W.161)back