UK Offence Report

The Food (Pistachios from Iran) (Emergency Control) (Wales) Regulations 2003

Welsh Statutory Instrument 2003 No. 1119 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
16 April 2003
In force from
17 April 2003
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 apply to Wales only, revoke and re-enact with changes the Food (Pistachios from Iran) (Emergency Control) Order 1997, as amended which apply to the whole of Great Britain. The revocation is effected by regulation 7. That Order implemented Commission Decision 97/613/EC on the temporary suspension of imports of pistachios and certain products derived from pistachios originating in or consigned from Iran (OJ No. L248, 11.9.97, p.33), subsequently repealed and replaced with Commission Decision 1997/830/EC (OJ No 343, 13.12.97, p. 30). These Regulations implement Commission Decision 1997/830/EC repealing Commission Decision 97/613/EC and imposing special conditions on the import of pistachios and certain products derived from pistachios originating in, or consigned from Iran (OJ No. L343, 13.12.1997, p.30) as amended by Commission Decision 1998/400/EC (OJ No. L176, 20.6.98, p.37), 2000/238/EC (OJ No. L75, 24.3.2000, p.59) and 2002/1041/EC. The categories of products which are subject to those conditions are specified in Article 2 of Commission Decision 1997/830/EC as so amended. These Regulations — a prohibit the importation of “Iranian pistachios” (defined in regulation 2(1)), except where — i they are accompanied by an Iranian Government health certificate and the results of official sampling and analysis, the importation takes place only through a specified point of entry and each consignment is identified with a code corresponding with that specified on the health certificate and the accompanying report containing the sampling and analysis results; ii they are subject to specified documentary checks; and iii each consignment is subjected to analysis of aflatoxin B1 and total aflatoxin levels before release onto the market (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 Iranian pistachios (regulation 6). The principal changes effected by these Regulations are that — a the previous requirement that each consignment of Iranian pistachios be subjected to systematic sampling and analysis in order to ensure compliance with Commission Decision 1997/830/EC is modified by providing that — i a sample of each consignment must be analysed for aflatoxin B1 and total aflatoxin before release onto the market from the point of entry into the Community, ii the period of detention should not exceed 10 working days, and iii 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; and b 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 Iranian pistachios. No regulatory appraisal has been prepared in relation to these Regulations.

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

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