The Food (Emergency Control) (Miscellaneous Amendments) (Wales) Regulations 2004

Amendments to the Food (Brazil Nuts) (Emergency Control) (Wales) Regulations 2003

2.—(1) The Food (Brazil Nuts) (Emergency Control) (Wales) Regulations 2003(1) shall be amended in accordance with paragraphs (2) and (3).

(2) For paragraphs (1) and (2) of regulation 6 (re-dispatch or destruction of illegal imports) substitute the following paragraphs —

“(1) If on an inspection or examination of any Brazil nuts it appears to an authorised officer of a port health authority or as the case may be food authority that they do not comply with the maximum levels for aflatoxin B1 and aflatoxin total established by Commission Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs(2) the authorised officer may after appropriate consultation with a person appearing to the authorised officer to be the importer serve on that person a notice ordering —

(a) the re-dispatch of the Brazil nuts to the country of origin within such reasonable period as shall be specified in the notice, but only if the conditions specified in points (a) to (c) of Article 6 of the Commission Decision are complied with; or

(b) (where those conditions are not complied with) the destruction of the Brazil nuts within such reasonable period as shall be so specified.

(2) The notice served under paragraph (1) shall state —

(a) the right of appeal to a magistrates' court; and

(b) the period within which such an appeal may be brought.”.

(3) In paragraph (3) of regulation 6 for the words “was lawfully served” substitute “should be upheld or set aside”.

(1)

S.I. 2003/2254 (W. 224).

(2)

OJ No. L77, 16.3.2001, p.1.