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The Food (Peanuts from China) (Emergency Control) (Wales) Regulations 2002

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Explanatory Note

(This note is not part of the Order)

These Regulations, which extend to Wales only, implement Commission Decision 2002/79/EC imposing special conditions on the import of peanuts and certain products derived from peanuts originating in, or consigned from, China (OJ No. L34, 5.2.2002, p.21) as amended by Commission Decision 2002/233/EC (OJ No. L78, 21.3.2002, p.14). The categories of products which are subject to those conditions are specified in Article 1.1 of Decision 2002/79/EC.

The Regulations prohibit the importation of “Chinese peanuts” (defined in regulation 2(1)), except where—

(a)they are accompanied by a Chinese Government health certificate and the results of official sampling and analysis, the peanuts are transported into Wales after being lawfully imported through a point of entry specified in Annex II to the Commission Decision and the consignment is identified with a code corresponding with that specified on the health certificate and on the accompanying report containing the sampling and analysis results; or

(b)(even though they are not accompanied by a Chinese Government health certificate or the results of official sampling and analysis) they left China before 11th March 2002, the operator shows, by means of sampling and analysis in the prescribed manner, that the levels of aflatoxin B1 and total aflatoxin in the products do not exceed the maximum permitted levels, the peanuts are transported into Wales after being lawfully imported through a point of entry specified in Annex II to the Commission Decision (regulations 2 and 3). None of the points of entry specified in Annex II to the Commission Decision for the United Kingdom are in Wales.

The Regulations also

(a)specify the enforcement authorities (regulation 4); and

(b)apply, with modifications, provisions of the Food Safety Act 1990 (regulation 5).

No regulatory apprasial has been prepared in relation to this Order.

These Regulations have been made in English only as, given the urgency with which it has had to be made, it was not reasonably practicable in the time available to produce a Welsh text.

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