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

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 2(2) of the European Communities Act 1972 in consequence of it appearing to the Scottish Ministers that the importation into Scotland of peanuts originating in, or consigned from, China, may involve imminent risk of injury to health.

The Regulations 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 (O.J. No. L 34, 5.2.02, p.21), as amended by Commission Decision 2002/233/EC (O.J. No. L 78, 21.3.02, p.14).

The Regulations–

(a) prohibit the importation of Chinese peanuts (as defined in regulation 2) which left China on or after 11th March 2002, except where they are accompanied by Chinese Government health certificates and the results of official sampling and analysis, the importation takes place only through specified points of entry and the consignment is identified with a code corresponding with that specified on the health certificate and in the sampling and analysis results (regulations 2 and 3);

(b) prohibit the importation of Chinese peanuts (as defined in regulation 2) which left China before 11th March 2002 and which are not accompanied by the documentation otherwise required, except where the importation takes place only through a specified point of entry and the operator can show, by sampling and analysis of the consignment in the prescribed manner, that it does not contain aflatoxin B1 or total aflatoxin above the legally prescribed maximum levels (regulations 2 and 3);

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

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

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