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The Food (Chilli and Chilli Products) (Emergency Control) (Scotland) Regulations 2004

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Prohibition on import

3.—(1) Subject to paragraph (2), no person shall import into Scotland any chilli or chilli products unless–

(a)the conditions specified in Articles 2.1, 2.3, and 4 of the Commission Decision are satisfied in relation to those products; and

(b)where those products are the subject of sampling and analysis by an authorised officer of a food authority under regulation 5(3)(c) they are found not to contain any prohibited substance.

(2) Paragraph (1) shall not be taken to prohibit the bringing into Scotland–

(a)from a member State of any chilli or chilli products which are in free circulation within the meaning of Article 23.2, as read with Article 24 of the Treaty establishing the European Community in that member State; or

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

(3) Any person who knowingly contravenes paragraph (1)(a) 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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