UK Offence Report

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

UK Statutory Instrument 2008 No. 1079 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
14 April 2008
In force from
15 April 2008
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
(EC) No. 178/2002, 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 implement in relation to England Commission Decision 2008/289/EC on emergency measures regarding the unauthorised genetically modified organism “Bt63” in rice products (OJ No. L96, 9.4.2008, p.29). These Regulations – a prohibit the first placing on the market of any “specified product” (defined in regulation 2(1)), except where – i it is accompanied by— aa an original analytical report based on a particular construct–specific method for detection of the genetically modified rice “Bt63” issued by an official or accredited laboratory demonstrating that the product does not contain or consist of or is not produced from the genetically modified rice “Bt63”, or bb if it does not contain or consist of rice or is not produced from rice, a statement from the operator responsible for the consignment indicating that the food does not contain or consist of rice or is not produced from rice; or ii the operator established in the Community who is responsible for the first placing on the market of the product has had the product tested and the analytical report in respect of that test demonstrates that it does not contain the genetically modified rice “Bt 63” (regulation 3(1)(a)); and iii specified requirements for split consignments are complied with (regulation 3(1)(b)); b provide that a person who knowingly contravenes that prohibition is guilty of an offence and prescribe penalties for that offence (regulation 3(2)); c require an operator who becomes aware of a positive result of a test for the presence of the genetically modified rice “Bt 63” in a specified product that is under his control to inform the Food Standards Agency of that result immediately regulation 4(1)); d provide that a person who without reasonable excuse fails to comply with that requirement is guilty of an offence and prescribe penalties for that offence (regulation 4(2)); e provide for their enforcement (regulation 5); and f apply with modifications certain provisions of the Food Safety Act 1990 (1990 c.16) for the purposes of the Regulations (regulation 6). 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 Novel Foods, Additives and Supplements Division of the Food Standards Agency, Aviation House, 125 Kingsway, London, WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

Offences created by this instrument

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