Amendment of the principal Regulations
7. After paragraph (2) of regulation 6 there shall be inserted—
“(3) Article 8 of the Order (inspection and seizure of suspected food) shall, subject to paragraphs (4) and (5) apply for the purposes of these Regulations with the following modifications—
(a)in paragraph (1)—
(i)the reference to paragraphs (3) to (9) shall be construed as including reference to those paragraphs as modified by this regulation; and
(ii)for “any food fails to comply with food safety requirements” there shall be substituted “the placing on the market of any food may contravene Article 2.1 of the Commission Regulation unless that food is lettuce or spinach in point 1.1. of the Annex to the Commission Regulation which is grown in the United Kingdom in accordance with the proviso to Article 2.2 of the Commission Regulation and is intended for consumption in the United Kingdom”;
(b)in paragraphs (4) and (6), for “food safety requirements” there shall be substituted “the requirements of Article 2.1 of the Commission Regulation as to levels of contaminants”;
(c)in paragraphs (4) and (7) the reference to paragraph (3) shall be construed as including reference to that paragraph as modified by this regulation; and
(d)in paragraph (5)—
(i)the reference to paragraphs (3) and (4) shall be construed as including reference to those paragraphs as modified by this regulation; and
(ii)the reference to Article 6 or 7 shall be construed as including a reference to these Regulations.
(4) In so far as Article 8 of the Order, as modified by paragraph (3), applies to an authorised officer acting in relation to food of any description specified in point I.2.1 of the Annex to the Commission Regulation paragraph (3) of that Article shall apply with the modification that for head (ii) of sub-paragraph (a) thereof there shall be substituted—
“(ii)either is not to be removed or is to be removed to a designated place; or”.
(5) The expressions “the Commission Regulation” and “designated place” used in the modification and application of Article 8 of the Order for the purposes of these Regulations shall, for those purposes, bear the meaning that those expressions bear in these Regulations.”.