The Food (Brazil Nuts) (Emergency Control) (Scotland) Regulations 2003

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 that the importation into Scotland of Brazil nuts in shell originating in, or consigned from, Brazil, may involve imminent risk of injury to health.

The Regulations implement Commission Decision 2003/493/EC imposing special conditions on the import of Brazil nuts in shell originating in or consigned from Brazil (O.J. No. L 168, 5.7.03, p.33).

These Regulations–

(a) prohibit the importation of “Brazil nuts” (defined in regulation 2), except where–

(i) they are accompanied by a Brazilian Government health certificate and the results of official sampling and analysis, the importation takes place only though a specified point of entry and each consignment or its constituent parts is identified with a code corresponding with that specified on the health certificate and the accompanying report containing the sampling and analysis results;

(ii) they are subject to specified documentary checks; and

(iii) each consignment is subjected to analysis for aflatoxin B1 and total aflatoxin levels and has been issued with an official document showing that the products do not contain aflatoxin B1 or total aflatoxin above the legal prescribed maximum levels (regulation 3);

(b) prohibit the importation of Brazil nuts which left Brazil before 5th July 2003 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 they do not contain aflatoxin B1 or total aflatoxin above the legal prescribed maximum levels (regulation 3);

(c) provide for their enforcement (regulation 4);

(d) apply with modifications certain provisions of the Food Safety Act 1990 for the purposes of the Regulations and provide for sampling and analysis (regulation 5); and

(e) provide for the re–dispatch or destruction of illegal imports of Brazil nuts (regulation 6 and 7).

The CN code referred to in the definition of “Brazil nuts” is the code number of the combined nomenclature established by Council Regulation (EC) No. 2658/87 on the tariff and statistical nomenclature and on the Customs tariff (O.J. No. L 256, 7.9.87, p.1).

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