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The Food (Brazil Nuts) (Emergency Control) (Scotland) Regulations 2003

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Prohibition on import

3.—(1) Subject to paragraph (3), no person shall import into Scotland any Brazil nuts unless–

(a)the conditions specified in Articles 1.1, 2 and 3.1 of the Commission Decision are satisfied in relation to those Brazil nuts; or

(b)the derogation contained in Article 1.2 of the Commission Decision (which is concerned with consignments which left Brazil prior to 5th July 2003) is satisfied in relation to them,

and in either case–

(c)an official document has been issued in accordance with Article 4.4 of the Commission Decision which shows that the Brazil nuts comply with the provisions of Regulation (EC) No. 466/2001 as regards maximum permitted levels for aflatoxin B1 and total aflatoxin.

(2) Subject to paragraph (3), no person shall import any Brazil nuts into Scotland except 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 Brazil nuts which are in free circulation in that member State; or

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

(4) Any person who knowingly contravenes paragraphs (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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