Made | 9 June 2005 | ||
Coming into force | 10 June 2005 |
(2) Any term used in the definitions of "chilli", "chilli products", "curcuma" and "palm oil" in paragraph (1) has the same meaning as in the Commission Decision.
Prohibition on import
3.
—(1) Subject to paragraph (2), no person may import into Wales any controlled products unless —
(2) Nothing in paragraph (1) may be taken to prohibit the import into Wales from a member State of any controlled products which are in free circulation in that State.
(3) Any person who knowingly contravenes paragraph (1) will 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 or to both.
(4) For the purpose of determining whether or not any person is guilty of an offence consisting of a breach of paragraph (3), any chilli, chilli products, curcuma and palm oil must be presumed until the contrary is proved to be controlled products.
Enforcement
4.
—(1) Subject to paragraph (2), it is 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 must 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—
(4) The requirements are those specified in —
(5) Each port health authority and food authority must 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 apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof is construed as a reference to these Regulations —
(2) Section 29 of the Act (procurement of samples) applies for the purposes of these Regulations with the modifications that —
(c) subsection (c) is omitted; and
(d) for the words "any of the provisions of this Act or of regulations or orders made under it" in subsection (d) there is substituted the words "the Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) (Wales) Regulations 2005".
(3) Section 30 (analysis etc. of samples) applies for the purposes of these Regulations with the modification that in subsection (1) for the words "An authorised officer of an enforcement authority who has procured a sample under section 29 above shall" there is substituted the words "An authorised officer of a food authority or a port health authority who has procured a sample under section 29 above as applied for the purposes of the Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) (Wales) Regulations 2005 by regulation 5(2) thereof shall".
(4) 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 the provisions of section 30 of the Act as so applied by paragraph (3), the owner will 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.
Destruction of illegal imports
6.
—(1) If on an inspection or examination of any chilli, chilli products, curcuma or palm oil 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) the officer may after appropriate consultation with a person appearing to the officer to be the importer serve on that person a notice requiring the destruction of the chilli, chilli products, curcuma or palm oil within such reasonable period (not being less than 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and Public Holidays) as is so specified.
(2) The notice served under paragraph (1) must 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 magistrates' court, which will determine whether the notice should be upheld or set aside.
(4) The period within which such an appeal as is mentioned in paragraph (3) may be brought is 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and Public Holidays, and the making of the complaint will be deemed for the purpose of this paragraph to be the bringing of the appeal.
(5) The procedure on an appeal to a magistrates' court under paragraph (3) is by way of complaint for an order and the Magistrates' Courts Act 1980[7] will apply to the proceedings.
(6) If the court allows an appeal brought under paragraph (3) the authority concerned must compensate the owner of the chilli, chilli products, curcuma or palm oil 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) is determinable by arbitration.
(8) Any person who breaches the terms of a notice served under paragraph (1) will 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 or to both.
Revocation
7.
The Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (Wales) Regulations 2003[8] and the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (Wales) (Amendment) Regulations 2004[9] are revoked.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[10].
John Marek
The Deputy Presiding Officer of the National Assembly
9 June 2005
3.
The CN codes referred to in the definitions of "chilli", "chilli products", "curcuma" and "palm oil" are the code numbers of the combined nomenclature established by Regulation 2658/87 on the tariff and statistical nomenclature and on the customs tariff (OJ No. L256, 7.9.87, p.1).
4.
No regulatory appraisal has been prepared in relation to these Regulations.
[3] 1990 c. 16; section 1(1) and (2) (definition of “food) was substituted by S.I. 2004/2990; section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c. 40), Schedule 6 to the Food Standards Act 1999 (1999 c. 28) and S.I. 2004/2990.back
[4] Section 35(1) is amended by the Criminal Justice Act 2003 (2003 c. 44), Schedule 26, paragraph 42, from a date to be appointed.back
[5] Section 35(3) was amended by S.I. 2004/3279.back
[6] Section 36A was inserted by the Food Standards Act 1999 (1999 c. 28), Schedule 5, paragraph 16.back
[8] S.I. 2003/2455 (W.238).back