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The Food (Peanuts from China) (Emergency Control) (Scotland) Regulations 2002

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Prohibition of import

3.—(1) Subject to paragraph (3), no person shall import into Scotland any Chinese peanuts which are intended for human consumption or to be used as an ingredient in foodstuffs unless–

(a)the conditions specified in Article 1.1 and 1.3 of the Commission Decision are satisfied in relation to the Chinese peanuts concerned; or

(b)the derogation contained in Article 1a of the Commission Decision (which is concerned with the importation of Chinese peanuts which left China before 11th March 2002) is satisfied in relation to the Chinese peanuts concerned.

(2) Subject to paragraph (3), no person shall import into Scotland any Chinese peanuts which are intended for human consumption or to be used as an ingredient in foodstuffs, other than through a point of entry listed in Annex II to the Commission Decision.

(3) Paragraphs (1) and (2) above shall not be taken to prohibit the bringing into Scotland–

(i)from another member State of the European Community of Chinese peanuts which are in free circulation in that member State; and

(ii)from England, Wales or Northern Ireland of Chinese peanuts which have been imported into the United Kingdom in accordance with the Commission Decision.

(4) Any person who knowingly contravenes paragraph (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.

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