The Imported Food Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations contain measures relating to the control of certain types of food imported into Great Britain which are not in free circulation within the European Community. They replace the general provisions of the Imported Food Regulations 1984 and the Imported Food (Scotland) Regulations 1985 with a new set of provisions, which apply to the whole of Great Britain, for all food other than specified exempt products of animal origin. The Regulations also contain amendments to the Food Safety (General Food Hygiene) Regulations 1995 which implement Commission Directive 96/3/EC which grants a derogation from certain provisions of Council Directive 93/43/EEC on the hygiene of foodstuffs (OJ No. L 175, 19.7.93, p.1).

Regulation 2 is an interpretation provision. Regulation 3 explains the scope of the Regulations. The Regulations apply to all imported food other than exempt products of animal origin—a term which is defined with reference to the list of exempt products in Schedule 1 to the Regulations—if that food is not in free circulation within the European Community or was not in free circulation in the European Community when it first arrived in the British Islands. Regulation 3(3) explains who may be considered an importer for the purposes of these Regulations.

Regulation 4 contains the prohibition on importation of food which comes within the scope of these Regulations and fails to comply with food safety requirements or is unsound or unwholesome.

Regulation 5 stipulates which authorities are to enforce these Regulations, and includes provisions relating to deferred examinations.

Regulation 6 deals with the procedures relating to examination of imported food which comes within the scope of these Regulations. It includes a requirement that the importer must provide all such facilities as the authorised officer of the food authority may reasonably require (regulation 6(1)), and a detention notice procedure where the authorised officer considers that he should procure a sample of the importer’s food (regulation 6(2) to (6)).

Regulation 7(1) to (4) contains a notice procedure for allowing the re-export of food which appears to fail to comply with regulation 4 or for enabling the food authority to permit the import of such food for purposes other than human consumption. Alternatively, the food authority may seek to have such food destroyed in accordance with established Food Safety Act 1990 procedures (regulation 7(5) and (6)).

Regulation 8 deals with offences and penalties, and regulation 9 deals with the application, in some cases with modifications, of certain provisions of the Food Safety Act 1990.

Regulation 10 and Schedule 2 cover amendments to the Food Safety (General Food Hygiene) Regulations 1995. These amendments implement a corrigendum (OJ No. L 208, 5.9.95, p. 20) to paragraph 2(2) of Chapter IV of the Annex to Council Directive 93/43/EEC on the hygiene of foodstuffs. As indicated above, Commission Directive 96/3/EC, which contains derogations from paragraph 2(2) of Chapter IV of the Annex to Council Directive 93/43/EEC is also implemented by virtue of these Regulations. The derogations relate to the transportation in sea-going vessels of liquid oils and fats, and the implemented provisions of Commission Directive 96/3/EC also contain new documentary requirements which have to be met by the captains of such vessels.

Regulation 11 is a revocations provision. The provisions revoked are listed in that regulation.