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The Imported Food (Bivalve Molluscs and Marine Gastropods from Japan) Regulations 1992

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Statutory Instruments

1992 No. 1601

AGRICULTURE

FOOD

The Imported Food (Bivalve Molluscs and Marine Gastropods from Japan) Regulations 1992

Made

3rd July 1992

Laid before Parliament

3rd July 1992

Coming into force

24th July 1992

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and with food and health in Wales, acting jointly as respects England and Wales, and the Secretary of State for Scotland as respects Scotland, in exercise of the powers conferred by sections 6(4), 16(1)(f), 17(1), 18(1)(c), 26(3), and 48(1) of the Food Safety Act 1990(1), and of all other powers respectively enabling them in that behalf, after consultation (in so far as required by section 48(4) of the Act of 1990) with bodies appearing to them to be representative of interests likely to be substantially affected by the regulations, hereby make the following Regulations:—

Citation, commencement and interpretation

1.  (1)  These Regulations may be cited as the Imported Food (Bivalve Molluscs and Marine Gastropods from Japan) Regulations 1992 and shall come into force on 24th July 1992.

(2) In these Regulations—

“the Act” means the Food Safety Act 1990; and

“relevant bivalve mollusc or marine gastropod” means a bivalve mollusc which or a marine gastropod which, has been—

(a)

harvested in Japan;

(b)

landed in Japan;

(c)

subjected to any process or preparation in Japan; or

(d)

consigned from Japan by way of export.

Prohibition of imports of relevant bivalve molluscs and marine gastropods

2.  No person shall import into Great Britain any food or food source comprising or containing a relevant bivalve mollusc or marine gastropod or any food comprising or containing anything derived from a relevant bivalve mollusc or marine gastropod by means of any process or preparation.

Offences

3.  Any person who contravenes regulation 2 of these Regulations shall be guilty of an offence, triable only summarily, and liable on conviction to imprisonment for a period not exceeding three months, or to a fine not exceeding level 5 on the standard scale, or to both.

Application of provisions of the Food Safety Act 1990

4.  The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 and 15 of the Act and, unless the context otherwise requires, a reference in them to the Act shall be construed as including a reference to these Regulations:

  • section 20 (offences due to fault of another person);

  • subsections (1), (5) and (6) of section 21 (defence of due diligence);

  • section 30(8) (which relates to documentary evidence);

  • section 33 (obstruction etc. of officers); and

  • section 36 (offences by bodies corporate).

Enforcement and execution

5.  (1)  Subject to paragraph (2) of this regulation, these Regulations shall be enforced and executed—

(a)as respects each London borough or district in England and Wales, by the council of that borough or district;

(b)as respects the City of London (including the Temples), by the Common Council; and

(c)as respects each islands area or district in Scotland, by the islands or district council.

(2) Where any functions are assigned—

(a)by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984(2) to a port health authority; or

(b)by an order under section 172 of the Public Health (Scotland) Act 1897(3) to a port local authority;

these Regulations shall be enforced by that authority within its area and not by the authority mentioned in paragraph (1) of this regulation.

Revocation of earlier Regulations

6.  The Imported Food (Safeguards against Paralytic Toxin) (Pectinidae from Japan) Regulations 1992(4) are revoked.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd July 1992.

L.S.

David Curry

Minister of State, Ministry of Agriculture, Fisheries and Food

Signed by authority of the Secretary of State for Health

Cumberlege

Parliamentary Under Secretary of State,

Department of Health

3rd July 1992

David Hunt

Secretary of State for Wales

3rd July 1992

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

3rd July 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations prohibit the importation into Great Britain of bivalve molluscs and marine gastropods (whether dead or alive) originating in Japan, and products thereof (regulation 2).

The prohibition contained in regulation 2 of these Regulations gives effect to Commission Decision 92/293/EEC (OJ No. L155, 6.6.92, p39) which amends Commission Decision 92/91/EEC (OJ No. L32, 8.2.92, p37) and which requires, in the light of the existence of toxins capable of constituting a danger to public health, protective measures with respect to bivalve molluscs and marine gastropods originating in Japan.

The Regulations replace the Imported Food (Safeguards against Paralytic Toxin) (Pectinidae from Japan) Regulations 1992 which are revoked, and extend the prohibition against importing scallops from Japan to all bivalve molluscs and marine gastropods from Japan.

Contravention of regulation 2 is an offence (regulation 3). Various provisions of the Food Safety Act 1990 are applied for the purposes of the Regulations (regulation 4).

The Regulations are to be enforced in England and Wales by district councils, London borough councils and the Common Council of the City of London, and in Scotland by district and islands councils, except that within the area of port health authorities in England and Wales or port local authorities in Scotland, they are instead to be enforced by those authorities (regulation 5).

(1)

1990 c. 16. Section 4(1) contains a definition of “the Ministers” relevant to the powers conferred by that Act being exercised in the making of these Regulations.

(4)

S.I. 1992/1122.

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