The Imported Food and Feedingstuffs (Safeguards against Cholera) Regulations 1991

UK Statutory Instrument 1991 No. 2486 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 31 October 1991
In force from: 5 November 1991
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: European Communities Act 1972, Food Safety Act 1990

Explanatory note

(This Note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations prohibit (subject to certain exceptions) the importation into Great Britain of fish products (including fish and molluscs) which have been harvested or processed in Colombia, Ecuador or Peru, unless they are accompanied by appropriate documentation from the food control authorities in the country where they were harvested or prepared for sale. (Regulations 2 and 3 and the Schedules). They also prohibit absolutely the importation into Great Britain of bivalve molluscs from Peru and products of artisanal fisheries in Peru. (Regulation 2(1)). The prohibitions contained in regulation 2 give effect to Commission Decision 91/146/EECconcerning protective measures against cholera in Peru (OJ No. L73 20.3.91, p.34), as amended by Commission Decision 91/393/EEC (OJ No. L209 31.7.91, p.42) which modifies the prohibition in relation to certain processed rainbow trout. The exception from the prohibition on importation of fish products and molluscs from Ecuador and Colombia gives effect to Commission Decision 91/281/EEC concerning importations of fishery and aquaculture products from Ecuador (OJ No. L142 6.6.91, p.43) and Commission Decision 91/282/EEC concerning importations of fishery and aquaculture products from Colombia (OJ No. L142 6.6.91, p.44). ed by a certificate from CERPER as to the standards met bythe production plant and one from the Ministry of Health in Peru certifying the absence of Vibrio cholera in the consignment. (Regulation 4 and Schedule 3). The re-export from Great Britain to another Member State of fish products and bivalve molluscs which are from affected countries, and relevant fruit and relevant vegetables from Peru, and intended for human or animal consumption, is prohibited unless the receiving port or airport has facilities for the inspection of imports. This gives effect to Commission Decisions 91/146/EEC and 91/147/EEC concerning protective measures against cholera in Peru (OJ No. L73 20.3.91, p.34 and p.35 respectively), 91/281/EEC concerning importations of fishery and aquaculture products from Ecuador (OJ No. L142 6.6.91, p.43) and 91/282/EEC concerning importations of fishery and aquaculture products from Colombia (OJ No. L142 6.6.91, p.44). (Regulation 5). Contravention of the various prohibitions contained in the Regulations is an offence. (Regulation 6). Various provisions of the Food Safety Act 1990 are applied for the purposes of the Regulations. (Regulation 7). The Regulations are to be enforced in England and Wales by district councils, London borough councils and the Common Council of the City of London, and in Scotland by district and islands councils, except within the area of port health authorities or port local authorities, where they are instead to be enforced by those authorities. (Regulation 8). The Regulations also revoke the Imported Food (Peruvian Foodstuffs) Regulations 1991 which made other provision in respect of the importation of these products from Peru. (Regulation 9). The circular issued on 21st February 1991 by CERPER, the regulatory authority for fish products from Peru (compliance with which on the part of the factory of production is a prerequisite for the importation of most fish products from Peru), and a translation of the circular, may be obtained from the Departmental Library, Department of Health, Hannibal House, Elephant and Castle Shopping Centre, London SE1 upon payment of the standard charge imposed by the Library for photocopying (presently 14 pence per page).

Offences created by this instrument

Any person who contravenes regulation 2(1) or (2), 3(1), 4(1) or 5(1) shall be guilty of an offence triable only… regulation 6 · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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