The Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) (No. 2) Regulations 2002 (revoked)

UK Statutory Instrument 2002 No. 2351 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 11 September 2002
In force from: 13 September 2002
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: European Communities Act 1972

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, which extend to England only, revoke and re-enact with changes the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) Regulations 2002. The revocation is effected by regulation 7. The Regulations implement Commission Decision 2002/80/EC imposing special conditions on the import of figs, hazelnuts and pistachios and certain products derived thereof originating in or consigned from, Turkey (OJ No. L34, 5.2.2002, p.26) as amended by Commission Decision 2002/233/EC (OJ No. L78, 21.3.2002, p. 14) and Commission Decision 2002/679/EC (OJ No. L 229, 27.8.2002, p.37). The categories of products which are subject to those conditions are specified in Article 1.1 of Commission Decision 2002/80/EC as so amended. The Regulations— a prohibit the importation of any “controlled Turkish products” (defined in regulation 2(1)), except where— i they are accompanied by a Turkish Government health certificate and the results of official sampling and analysis, the importation takes place only through a specified point of entry and the consignment is identified with a code corresponding with that specified on the health certificate and on the accompanying report containing the sampling and analysis results, or ii (even though they are not accompanied by a Turkish Government health certificate or the results of official sampling and analysis) they left Turkey before 11th March 2002, the operator shows, by means of sampling and analysis in the prescribed manner, that the levels of aflatoxin B1 and total aflatoxin in the products do not exceed the maximum permitted levels and the importation takes place only through a specified point of entry (regulation 3); b provide for their enforcement (regulation 4); c apply with modifications certain provisions of the Food Safety Act 1990 for the purposes of the Regulations and provide for sampling and analysis (regulation 5); and d provide for the re-dispatch or destruction of illegal imports of controlled Turkish products (regulation 6). The principal changes effected by these Regulations are that— a the list of controlled Turkish products is amended; b the previous requirement that consignments of controlled Turkish products be subjected to random sampling and analysis in order to ensure compliance with Commission Decision 2002/80/EC is modified by providing that— i only approximately 10% of such consignments should be so subjected, ii consignments so subjected must be detained for that purpose, iii the period of detention must not exceed 10 working days, and iv an authorised officer of the relevant enforcement authority must issue a notice in writing stating that sampling has taken place and the results of the analysis of the sample; c the sampling procedure for hazelnuts is modified; and d an authorised officer of the relevant enforcement authority is empowered (subject to a right of appeal to a magistrates' court) to issue a notice ordering the re-dispatch of illegal imports of controlled Turkish products. No regulatory impact assessment has been prepared in relation to these Regulations.

Offences created by this instrument

Prohibition on import regulation 3(4) · Status not determined · Requires proof of a state of mind
Prohibition on import regulation 3(5) · Status not determined · Strict liability
Redispatch or destruction of illegal imports regulation 6(8) · 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.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2002