Food (Peanuts from China) (Emergency Control) Regulations (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Regulations.)

These Regulations implement Commission Decision 2002/79/EC imposing special conditions on the import of peanuts and certain products derived from peanuts originating in, or consigned from, China (O.J. No. L34, 5.2.2002, p. 21) as amended by Commission Decision 2002/233/EC (O.J. No. L78, 21.3.2002, p. 14) and Commission Decision 2002/678/EC (O.J. No. L229, 27.8.2002, p. 33). The categories of products which are subject to those conditions are specified in Article 1.1 of Commission Decision 2002/79/EC as so amended.

The Regulations –

(a) prohibit the importation of “Chinese peanuts” (defined in regulation 2(1)), except where –

(i) they are accompanied by a Chinese Government health certificate and the results of official sampling and analysis, the importation takes place only through a specified point of entry and the consignment and each of its constituent bags or other containers are identified with a code corresponding with that specified on the health certificate and on the accompanying report containing the sampling and analysis results; or

(ii) (even though they are not accompanied by a Chinese Government health certificate or the results of official sampling and analysis) they left China before 11th March 2002, the operator shows, by means of sampling and analysis in the prescribed manner, that the levels of aflatoxin B1 and total aflatoxin in the products do not exceed the maximum permitted levels and the importation takes place only through a specified point of entry (regulation 3);

(b) specify the enforcement authority and its duties under the Regulations, including the requirement that in relation to each consignment of controlled Chinese peanuts –

(i) approximately 10% of such consignments, selected at random, should be subjected to sampling and analysis in order to ensure compliance with Commission Decision 2002/79/EC,

(ii) consignments so subjected must be detained for that purpose,

(iii) the period of detention must not exceed 10 working days, and

(iv) an authorised officer must issue a notice in writing stating that sampling has taken place and the results of the analysis of the sample (regulation 4);

(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).