3.—(1) Subject to paragraph (3), no person shall import into Scotland any Turkish figs, hazelnuts and pistachios 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 Turkish figs, hazelnuts and pistachios concerned; or
(b)the derogation contained in Article 1a of the Commission Decision (which is concerned with consignments which left Turkey before 11th March 2002) is satisfied in relation to the Turkish figs, hazelnuts and pistachios concerned.
(2) Subject to paragraph (3), no person shall import into Scotland any Turkish figs, hazelnuts or pistachios 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) shall not be taken to prohibit the bringing into Scotland–
(i)from another member State of the European Community of Turkish figs, hazelnuts and pistachios which are in free circulation in that member State; and
(ii)from England, Wales or Northern Ireland of Turkish figs, hazelnuts and pistachios 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.
(5) For the purposes of determining whether or not any person is guilty of an offence under paragraph (4), any Turkish figs, hazelnuts and pistachios shall be presumed, until the contrary is proved, to be intended for human consumption or to be used as an ingredient in foodstuffs.