2.—(1) The Food (Hot Chilli and Hot Chilli Products) (Emergency Control) Regulations (Northern Ireland) 2003(1) 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 products(2);”; and
(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 –
fruits of the genus Capsicum, dried and crushed or ground within CN Code 09042090; and
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.”.
O.J. No. L27, 30.1.2004, p. 52