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Food (Peanuts from Egypt) (Emergency Control) Order (Northern Ireland) 1999

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Statutory Rules of Northern Ireland

1999 No. 300

FOOD

Food (Peanuts from Egypt) (Emergency Control) Order (Northern Ireland) 1999

Made

30th June 1999

Coming into operation

1st July 1999

Whereas it appears to the Department of Health and Social Services acting as the Department concerned that the import of peanuts originating in, or consigned from, Egypt may involve imminent risk of injury to health, now therefore the said Department concerned, in exercise of the powers conferred on it by Articles 12(1), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991(1) and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Food (Peanuts from Egypt) (Emergency Control) Order (Northern Ireland) 1999 and shall come into operation on 1st July 1999.

(2) In this Order—

“the 1991 Order” means the Food Safety (Northern Ireland) Order 1991;

“the Commission Decision” means Commission Decision 1999/356/EC(2) on the temporary suspension of imports and certain products derived from peanuts origiating in or consigned from Egypt;

“Egyptian peanuts” means peanuts and roasted peanuts falling within Article 1.1 of the Commission Decision; and

“free circulation” has the same meaning as in Article 23.2 of the Treaty establishing the European Community;

Exemption

2.  This Order shall not apply to any Egyptian peanuts which meet the conditions for importation referred to in Article 1.2 of the Commission Decision.

Prohibition of import

3.—(1) Subject to paragraph (2), no person shall import into Northern Ireland any Eygptian peanuts.

(2) Paragraph (1) shall not be taken to prohibit the bringing into Northern Ireland from another member State of the European Community of Egyptian peanuts which are in free circulation in that member State.

Enforcement

4.—(1) This Order shall be enforced and executed by each district council within its district.

(2) Each district council shall give such assistance and information to the Department as it may request for the purposes of its duties under Article 12 of the 1991 Order in connection with this Order.

Application of various provisions of the 1991 Order

5.  The following provisions of the 1991 Order shall apply for the purposes of this Order and any reference in those provisions to the 1991 Order shall be construed as a reference to this Order—

(a)Article 34 (obstruction, etc, of officers);

(b)Article 36 (punishment of offences) insofar as it relates to offences under Article 34 as applied by paragraph (a).

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.

W. B. Smith

Assistant Secretary

30th June 1999.

Explanatory Note

(This note is not part of the Order.)

This Order is made under Article 12 of the Food Safety (Northern Ireland) Order 1991 in consequence of it appearing to the Department of Health and Social Services that the importation of peanuts originating in or consigned from Egypt may involve imminent risk of injury to health.

The Order also implements in Northern Ireland Commission Decision 1999/356/EC on the temporary suspension of imports of peanuts and certain products derived from peanuts originating in or consigned from Egypt (O.J. No. L139, 2.6.1999, p. 32) (“the Commission Decision”).

The Order—

(a)defines and prohibits the importation of, “Egyptian peanuts” (Articles 1 and 3);

(b)exempts from its application Egyptian peanuts which, in accordance with Article 1.2 of the Commission Decision, have been subjected to the refining process and marked as specified therein (Article 2);

(c)specifies the enforcement authority (Article 4); and

(d)applies, with modifications, provisions of the 1991 Order (Article 5).

Contravention of the Order is an offence under Article 12(2) of the 1991 Order.

(1)

S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12). See Article 2(2) for the definition of “the Department concerned”

(2)

O.J. No. L139 2.6.1999, p. 32

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