The Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations provide for the execution and enforcement in relation to England of Commission Regulation (EU) No. 284/2011 laying down specific conditions and detailed procedures for the import of polyamide and melamine plastic kitchenware originating in or consigned from the People's Republic of China and Hong Kong Special Administrative Region, China (OJ No. L77, 23.3.2011, p.25) (“ the Commission Regulation”). E+W+S

2.  These Regulations — E+W+S

(a) prohibit the placing on the market of polyamide and melamine plastic kitchenware from China and Hong Kong that does not comply with the conditions or has not undergone the import checks and certification specified in the Commission Regulation (regulation 3);

(b) make it an offence to breach any prohibition set out in regulation 3 (regulation 4);

(c) designate the competent authorities for the purposes of certain provisions of the Commission Regulation (regulation 5);

(d) provide that it is the duty of local food authorities to execute and enforce the Commission Regulation and to inform the Food Standards Agency where laboratory analysis of imports of plastic kitchenware indicates non-compliance with that Regulation (regulation 6);

(e) provide for the expenses incurred by food authorities in carrying out the official controls required by the Commission Regulation to be recovered from importers (regulation 7);

(f) specify the measures to be taken by a food authority where a consignment is not accompanied by the required documentation or is otherwise found to be non-compliant (regulation 8);

(g) provide for a right of appeal by an importer against the decision of an authorised officer of a food authority to take measures under regulation 8 (regulation 9);

(h) provide for the suspension of designated first points of introduction (regulation 10); and

(i) apply with modifications specified provisions of the Food Safety Act 1990 for the purposes of these Regulations and the Commission Regulation (regulation 11).

3.  These Regulations require the Food Standards Agency to review their operation and effect and publish a report within 5 years of their coming into force and within every 5 years after that. Following a review it will fall to the Secretary of State, having taken advice from the Food Standards Agency, to consider whether the Regulations should remain as they are or be amended or revoked (regulation 12). A further instrument would be needed to revoke or amend the Regulations. E+W+S

4.  A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Food Safety Group of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available at www.legislation.gov.uk. E+W+S