The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which come into force on 12th January 2012, amend the Specified Products from China (Restriction on First Placing on the Market) (Scotland) Regulations 2008 (“the 2008 Regulations”) in order to implement Commission Implementing Decision 2011/884/EU on emergency measures regarding unauthorised genetically modified rice in rice products originating from China and repealing Decision 2008/289/EC (OJ L 343, 23.12.2011, p.140) (“the Commission Decision”).

The Commission Decision provides for import restrictions that previously applied to Bt 63 genetically modified rice to apply, with modifications, to all unauthorised genetically modified rice.

In particular, these Regulations amend the 2008 Regulations by—

(a) in regulation 2, substituting a new definition of the Commission Decision and making provision in respect of certain other definitions (regulation 2(2));

(b) amending regulation 3(1), which concerns the conditions under which rice products originating from China may be placed on the market (regulation 2(3));

(c) omitting regulation 4, which required operators to notify the Food Standards Agency of certain test results (regulation 2(4));

(d) inserting a new paragraph into regulation 5, which identifies provisions of the Commission Decision that a local authority must ensure are observed (regulation 2(5));

(e) amending regulation 6 to give effect to the requirement in Article 8 of the Commission Decision that all costs resulting from the official controls and from any non-compliance must be borne by the food or feed business operator concerned (regulation 2(6)); and

(f) as regulation 8, adding a provision implementing the transitional arrangements contained in Article 9 of the Commission Decision (regulation 2(8)).

A business and regulatory impact assessment is being prepared for this instrument and will be published once complete. Due to the emergency nature of this instrument, the Food Standards Agency was unable to complete the impact assessment before the coming into force of the instrument.