The Food (Peanuts from China) (Emergency Control) (Scotland) (No. 2) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact with amendments the Food (Peanuts from China) (Emergency Control) (Scotland) Regulations 2002. The revocation is effected by regulation 7.

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) and by Commission Decision 2002/678/EC (O.J. No. L 229, 27.8.02, p.33).

The Regulations–

(a) prohibit the importation of Chinese peanuts (as defined in regulation 2(1)) 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 and each of its constituent bags or other packaging are 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(1)) 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) provide for their enforcement (regulation 4);

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

(e) provide for re-dispatch or destruction of illegal imports of Chinese peanuts (regulation 6).

The principal changes effected by these Regulations are that–

(a) the previous requirement that each consignment of Chinese peanuts be identified by a code is now applied (in the case of consignments leaving China after 1st September 2002) to each bag (or other type of packaging used) making up the consignment concerned;

(b) the previous requirement that each consignment of Chinese peanuts be subjected to sampling and analysis in order to ensure compliance with Commission Decision 2002/79/EC is modified by providing that–

(i) only approximately 10% of such consignments selected at random be so subjected;

(ii) consignments so subjected must be detained for that purpose;

(iii) the period of detention must not exceed 10 working days; and

(iv) an authorised officer of the food authority must issue a notice in writing stating that sampling has taken place and stating the results of the analysis of the sample; and

(c) an authorised officer of a food authority is empowered (subject to a right of appeal to a sheriff) to issue a notice ordering the re-dispatch or destruction of illegal imports of Chinese peanuts.

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