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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Food (Star Anise from Third Countries) (Emergency Control) (Wales) Order 2002 URL: http://www.bailii.org/wales/legis/num_reg/2002/20020402e.html |
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| Made | 22nd February 2002 | ||
| Coming into force | 23rd February 2002 |
and any term used in the above definition of "Star Anise for human consumption" has the same meaning as in the Commission Decision.
Prohibitions of import
3.
- (1) No person shall import into Wales any Star Anise for human consumption which has been consigned from a country which is not a member State, except in accordance with the conditions in Article 1.1 and the second sentence of Article 1.2 of the Commission Decision.
(2) Paragraph (1) above shall not be taken to prohibit the bringing into Wales from another member State of Star Anise for human consumption which is in free circulation in that member State.
(3) No person shall import into Wales any Japanese Star Anise which has been consigned from a country which is not a member State if it -
Enforcement
4.
- (1) Subject to paragraph (2), it shall be the duty of each port health authority to execute and enforce this Order within its district.
(2) In relation to any place which is not situated in the district of a port health authority, this Order shall be executed and enforced by the food authority for the area in which that place is situated.
(3) Each port health authority and food authority shall give such assistance and information to the National Assembly for Wales and the Food Standards Agency as they may reasonably request for the purpose of carrying out their duties under section 13 of the Act in connection with this Order.
Application of various provisions of the Act
5.
- (1) The following provisions of the Act shall apply for the purposes of this Order and any reference in those provisions to the Act or part thereof shall be construed for the purposes of this Order as a reference to this Order -
(2) Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of this Order as if it read as follows -
(2) Subsections (3) to (8) shall apply where, whether or not on an inspection carried out under subsection (1), it appears to an authorised officer that any Star Anise for human consumption or Japanese Star Anise has been imported into Wales in contravention of article 3(1) or, as the case may be, 3(3), of the Food (Star Anise from Third Countries) (Emergency Control) (Wales) Order 2002.
(3) The authorised officer may either -
(b) seize the Star Anise and remove it in order to have it dealt with by a justice of the peace;
and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) Where the authorised officer exercises the powers conferred by subsection (3)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the Star Anise has not been imported in contravention of article 3(1) or, as the case may be, 3(3) of the aforesaid Order and -
(5) Where an authorised officer exercises the powers conferred by subsection (3)(b) or (4)(b) above, he shall inform the person in charge of the Star Anise of his intention to have it dealt with by a justice of the peace and -
(6) If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any Star Anise falling to be dealt with by him under this section has been imported in contravention of article 3(1) or, as the case may be, 3(3) of the aforesaid Order, he shall condemn the Star Anise and order -
(7) If a notice under subsection (3)(a) above is withdrawn, or the justice of the peace by whom any Star Anise falls to be dealt with under this section refuses to condemn it, the food authority or, as the case may be, port health authority, shall compensate the owner of the Star Anise for any depreciation in its value resulting from the action taken by the authorised officer.
(8) Any disputed question as to the right to or the amount of any compensation payable under subsection (7) above shall be determined by arbitration.".
(3) The expressions "food authority", "port health authority", "Star Anise for human consumption" and "Japanese Star Anise", which are used in section 9 of the Act so far as it applies for the purposes of this Order by virtue of paragraph (2) shall, for those purposes, bear the meanings that those expressions respectively bear in this Order.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[5].
Assembly Secretary
Jane Hutt
22 February 2002
No regulatory impact assessment has been prepared in relation to this Order.
Due to the time constraints within which this Order had to be made, it was not reasonably practicable to make the Order in both English and Welsh.
[2] Functions under the 1990 Act relating to emergency control orders are now exercisable in relation to Wales by the National Assembly for Wales, by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) as read with section 40(3) of the Food Standards Act 1999 (1999 c. 28).back
[3] OJ No. L33, 2.2.2002, p.31.back
