The Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) (Scotland) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, implement Commission Decision 2005/402/EC on emergency measures regarding chilli, chilli products, curcuma and palm oil (O.J. No. L 135, 28.5.05, p.34) (“the new Decision”). The new Decision repealed Commission Decision 2004/92/EC on emergency measures regarding chilli and chilli products (O.J. No. L 27, 30.1.04, p.52). These Regulations replace the Food (Chilli and Chilli Products) (Emergency Control) (Scotland) Regulations 2004 (S.S.I. 2004/59) which implemented Commission Decision 2004/92/EC.

The differences between the new Decision and Commission Decision 2004/92/EC are that–

(a) the new Decision extends the emergency measures to apply to curcuma and palm oil in addition to dried and crushed or ground chillies and curry powder; and

(b) the new Decision requires that the analytical report accompanying the consignment must be endorsed by a representative of the relevant competent authority.

The Regulations–

(a) prohibit the importation of chilli, chilli products, curcuma and palm oil except where they are accompanied by an analytical report endorsed by a representative of the relevant competent authority, demonstrating that the product does not contain any of the prohibited substances Sudan I, Sudan II, Sudan III, Scarlet Red or Sudan IV (regulation 3);

(b) prohibit the placing on the market of chilli, chilli products, curcuma or palm oil which contain a prohibited substance (regulation 4);

(c) provide for their enforcement (regulation 5);

(d) apply with modifications certain provisions of the Food Safety Act 1990 for the purposes of the Regulations and provide for sampling and analysis (regulation 6);

(e) provide for the destruction of chilli, chilli products, curcuma and palm oil which contravene the conditions of import or are illegally placed on the market (regulation 7);

(f) make provision as to the payment of the cost of analysis, storage and destruction of products incurred by the local authority under the Regulations (regulation 8); and

(g) revoke the Food (Chilli and Chilli Products) (Emergency Control) (Scotland) Regulations 2004 (regulation 9).

The CN codes referred to in the definitions of “chilli”, “chilli products”, “curcuma” and “palm oil” are the code numbers of the combined nomenclature established by Regulation (EEC) No. 2658/87 on the tariff and statistical nomenclature and on the customs tariff (O.J. No. L 256, 7.9.87, p.1).

No regulatory impact assessment has been prepared in relation to these Regulations.