(This note is not part of these Regulations)
These Regulations amend the Food (Brazil Nuts) (Emergency Control) (Wales) Regulations 2003 (S.I. 2003/2254 (W.224)); the Food (Pistachios from Iran) (Emergency Control) (Wales) (No. 2) Regulations 2003 (S.I. 2003/288 (W.227)); the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (Wales) Regulations 2003 (S.I. 2003/2455 (W.238)); and the Food (Peanuts from Egypt) (Emergency Control) (Wales) Regulations 2003 (S.I. 2003/2910 (W.276)) which are collectively known for the purposes of this Explanatory Note as “the Food Regulations”.
These Regulations remove unnecessary wording from regulation 6(2) of the respective Food Regulations which provide that a notice ordering the re-dispatch or destruction of illegal imports has to contain information about the right of appeal.
These Regulations also amend regulation 6(3) of the respective Food Regulations in order to ensure that the Magistrates' Court can determine both whether a notice served by an authorised officer under regulation 6(1) has been correctly served and also whether importation of the product in question is lawful.
These Regulations also specifically amend the Food (Brazil Nuts) (Emergency Control) (Wales) Regulations 2003 (S.I. 2003/2254 (W.224)). They revise the procedure to be followed when an inspection or examination of Brazil nuts reveals that they do not comply with the maximum levels for aflatoxin B1 and aflatoxin total established by Commission Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs (OJ No. L77, 16.3.2001, p.1) (regulation 2(2)). The revised procedure accords with Commission Decision 2003/493/EC imposing special conditions on the import of Brazil nuts in shell originating or consigned from Brazil (OJ No. L168, 5.7.2003, p.33).
These Regulations (regulation 3(4)) also specifically amend the Food (Pistachios from Iran) (Emergency Control) (Wales) (No. 2) Regulations (S.I. 2003/2288 (W.227)) to correct a drafting error.
No regulatory appraisal has been prepared in respect of these Regulations.