The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Regulations 2008

Made: 14th April 2008

Laid before the Scottish Parliament: 14th April 2008

Coming into force: 15th April 2008

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and all other powers enabling them to do so.

There has been a consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety .

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Specified Products from China (Restriction on First Placing on the Market) (Scotland) Regulations 2008, and come into force on 15th April 2008.

• (2) These Regulations extend to Scotland only.

Interpretation

2

• (1) In these Regulations–

• “authorised officer”, means a person authorised in accordance with regulation 5;

• “the Commission Decision” means 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 , as amended by Commission Implementing Decision 2013/287/EU;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ; ...

• “placing on the market” has the meaning given to it in Article 3.8 of Regulation (EC) No.178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety; and

• “rice product” means any rice product listed in Annex I to the Commission Decision that originates from China or has been consigned from China.

• (2) For the purposes of these Regulations any expression used in both these Regulations and in the Commission Decision has the meaning it bears in the Commission Decision.

Restriction on first placing on the market of rice products

3

• (1) The placing on the market of any rice product is prohibited unless—

• (a) the conditions specified in Article 3 and Article 4 of the Commission Decision have been complied with in relation to that product; and

• (b) where the consignment of the rice product has been split following official control, an authenticated copy of the health certificate and the analytical report accompanies each part of the split consignment.

• (2) Any person who knowingly contravenes the prohibition in paragraph (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding three months or to both.

Notification of positive results

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

5

• (1) Each local authority shall execute and enforce these Regulations within its area.

• (2) A local authority may authorise in writing any person (whether or not an officer of that authority) to act in matters arising under these Regulations.

• (3) An authorised officer shall have the same powers as an authorised officer of an enforcement authority under section 32 (powers of entry) of the Food Safety Act 1990 .

• (4) Each local authority shall give such assistance and information to the Scottish Ministers and the Food Standards Scotland as they may reasonably request in connection with the execution and enforcement of these Regulations.

• (5) Each local authority within its area shall ensure that the requirements in the following provisions are adhered to:—

• (a) Article 5 of the Commission Decision (which is concerned with the conditions under which rice products may be placed on the market, the official controls to be carried out and the measures to be taken with regard to non-compliant consignments); and

• (b) the first sentence of Article 7 of that Decision (which is concerned with the control of splitting of consignments).

Recovery of costs

6

The costs mentioned in Article 8 of the Commission Decision shall be payable by the the food business operator or feed business operator to the local authority and shall be recoverable by the local authority as a debt from the food business operator concerned.

Application of various provisions of the Food Safety Act 1990

7

• (1) The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations with the modification that any reference in those provisions to that Act or Part thereof shall be construed as a reference to these Regulations–

• (a) section 20 (offences due to fault of another person);

• (b) section 21 (defence of due diligence) , with the modification that subsections (2) to (4) shall apply in relation to an offence under regulation 3(2) as they apply in relation to an offence under section 14 or 15, that in subsections (2)(a) and (3)(b) the references to “food” shall be deemed to be references to feed or food and that in subsection (4)(b) the references to “sale or intended sale” shall be deemed to be references to “placing on the market”;

• (c) section 33 (obstruction etc. of officers);

• (d) section 35(1) to (3) (punishment of offences) , in so far as it relates to offences under section 33 as applied by sub paragraph (c);

• (e) section 36 (offences by bodies corporate);

• (f) section 36A (offences by Scottish partnerships) ; and

• (g) section 44 (protection of officers acting in good faith), with the modification that the references to “food authority” shall be deemed to be references to “local authority”.

• (2) For the purposes of these Regulations the provisions mentioned in paragraph (1) shall apply to feed as they apply to food.

Signed

S ROBISON — Authorised to sign by the Scottish Ministers — 2008-04-14

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 68 (“the 1972 Act”). Section 2(2) was amended by the Scotland Act 1998 (c. 46) (“the 1998 Act”), Schedule 8, paragraph 15(3), and by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27. The functions conferred on the Minister of the Crown under section 2(2) of the 1972 Act, so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Insofar as not so transferred and insofar as relating to food (including drink) including the primary production of food, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), and insofar as relating to feed, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304)

[^f00002]: O.J. No. L 31, 1.2.02, p.1. The Regulation was amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.03, p.4) and Commission Regulation (EC) No. 575/2006 (O.J. No. L 100, 8.4.06, p.3).

[^f00003]: O.J. No. L 96, 9.4.08, p.29.

[^f00004]: 1994 c. 39.

[^f00005]: 1990 c. 16. Section 1(1) and 2 (regarding the meaning of “food” and other basic expressions) was substituted by the Food Safety Act 1990 (Amendment) Regulations 2004 (S.I. 2004/2990).

[^f00006]: Section 21 was amended by S.I. 2004/3279.

[^f00007]: Section 35(1) is read with the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s45. Section 35(3) was amended by S.I. 2004/3279.

[^f00008]: Section 36A was inserted by the Food Standards Act 1999 (1999 c. 28), Schedule 5, paragraph 16.

Editorial notes

[^c19213321]: 1972 c. 68 (“the 1972 Act”). Section 2(2) was amended by the Scotland Act 1998 (c. 46) (“the 1998 Act”), Schedule 8, paragraph 15(3), and by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27. The functions conferred on the Minister of the Crown under section 2(2) of the 1972 Act, so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Insofar as not so transferred and insofar as relating to food (including drink) including the primary production of food, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), and insofar as relating to feed, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304)

[^c19213331]: O.J. No. L 31, 1.2.02, p.1. The Regulation was amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.03, p.4) and Commission Regulation (EC) No. 575/2006 (O.J. No. L 100, 8.4.06, p.3).

[^c19213351]: 1994 c. 39.

[^c19213361]: 1990 c. 16. Section 1(1) and 2 (regarding the meaning of “food” and other basic expressions) was substituted by the Food Safety Act 1990 (Amendment) Regulations 2004 (S.I. 2004/2990).

[^c19213371]: Section 21 was amended by S.I. 2004/3279.

[^c19213381]: Section 35(1) is read with the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s45. Section 35(3) was amended by S.I. 2004/3279.

[^c19213391]: Section 36A was inserted by the Food Standards Act 1999 (1999 c. 28), Schedule 5, paragraph 16.

[^key-8a3c23006a1aabe3c7041a113342195e]: Words in reg. 2(1) substituted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/3), regs. 1, 2(2)(a)

[^key-a22733a706f7ffa1ae3a9609ae3856cd]: Words in reg. 2(1) omitted (12.1.2012) by virtue of The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/3), regs. 1, 2(2)(b)(i)

[^key-a32e59777eeb8b2c20020eff18e140b9]: Words in reg. 2(1) inserted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/3), regs. 1, 2(2)(b)(ii)

[^key-7eb3481bb9b430b58128e4fcfeb74997]: Words in reg. 2(1) substituted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/3), regs. 1, 2(2)(c)

[^key-e4fdc55bc2276e8db2e6648ca7af47b6]: Reg. 3(1) substituted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/3), regs. 1, 2(3)

[^key-1216aca7e3a7e44cfe5757ad4ae1c26b]: Regulation 3 heading substituted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/3), regs. 1, 2(3)

[^key-84d16bc717a754201f159b4a7a0a297f]: Reg. 4 omitted (12.1.2012) by virtue of The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/3), regs. 1, 2(4)

[^key-cf95092bcb73fd712b7bf9b5c89b2a3d]: Reg. 5(5) inserted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/3), regs. 1, 2(5)

[^key-6b5c0ce38d6523b798f00fe106875614]: Words in reg. 6 substituted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/3), regs. 1, 2(6)(a)

[^key-55ddf4920e1e3381e72af13748fbb8bd]: Words in reg. 6 inserted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/3), regs. 1, 2(6)(b)

[^key-4492cd0e066ab53e112d7fba18e95e91]: Words in reg. 7(1)(b) substituted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/3), regs. 1, 2(7)

[^key-3bce0dbc9640f62ddf532c35ac8ae5d9]: Reg. 8 substituted (4.7.2013) by The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2013 (S.S.I. 2013/221), regs. 1, 2(4)