Amendments to the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) Regulations (Northern Ireland) 20032

1

The Food (Hot Chilli and Hot Chilli Products) (Emergency Control) Regulations (Northern Ireland) 20033 shall be amended in accordance with paragraphs (2), (3) and (4).

2

In paragraph (1) of regulation 2 (interpretation) –

a

for the definition of “the Commission Decision” there shall be substituted the following definition –

  • “the Commission Decision” means the Commission Decision of 21st January 2004 on emergency measures regarding chilli and chilli products4;

b

for the definition of “hot chilli and hot chilli products” there shall be substituted the following definition –

  • “hot chilli and hot chilli products” means –

    1. a

      fruits of the genus Capsicum, dried and crushed or ground within CN Code 09042090; and

    2. b

      curry powder within CN Code 091050;

3

For paragraph (2) of regulation 6 (destruction of illegal imports) there shall be substituted the following paragraph –

2

The notice served under paragraph (1) shall state –

a

the right of appeal to a court of summary jurisdiction; and

b

the period within which such an appeal may be brought.

4

For paragraph (4) of regulation 6 (destruction of illegal imports) there shall be substituted the following paragraph –

4

Any person who is aggrieved by a decision of an authorised officer to serve a notice under paragraph (1) may appeal to a court of summary jurisdiction, which shall determine whether the notice should be upheld or set aside.