Food (Star Anise from Third Countries) (Emergency Control) Order (Northern Ireland) 2002 © Crown Copyright 2002 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Rules of Northern Ireland does not extend to the Royal Arms and the Government Printer for Northern Ireland imprints. The text of this Internet version of the Statutory Rule has been prepared to reflect the text as it was Made. The authoritative version is the Government Printer for Northern Ireland copy published by The Stationery Office Limited as the Food (Star Anise from Third Countries) (Emergency Control) Order (Northern Ireland) 2002, ISBN 0 33794215 3. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
Whereas it appears to the Department of Health, Social Services and Public Safety[1] that the import of certain Star Anise consigned from countries which are not Member States of the European Community may, save as permitted by the following Order, involve imminent risk of injury to health; Now therefore that Department, in exercise of the powers conferred on it by Articles 12(1), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991[2], and of all other powers enabling it in that behalf and having regard, in accordance with Article 47(3A) of the said Order, to relevant advice given by the Food Standards Agency, hearby makes the following Order: Citation and commencement 1. This Order may be cited as the Food (Star Anise from Third Countries) (Emergency Control) Order (Northern Ireland) 2002 and shall come into operation on 7th March 2002. Interpretation 2. In this Order -
and any term used in the definition of "Star Anise for human consumption" has the same meaning as in the Commission Decision.
(b) does not bear a label stating that it is not fit for human consumption.
Enforcement
(b) Article 19 (offences due to fault of another person); (c) Article 34(1) (obstruction etc. of officers); (d) Article 36(1) (punishment of offences) in so far as it relates to offences under Article 34(1) as applied by sub-paragraph (c); and (e) Article 43 (protection of public analyst acting in good faith).
(2) Subject to paragraph (3), Article 8 of the 1991 Order (inspection and seizure of suspected food) shall apply for the purposes of this Order as if it read as follows -
(b) is in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale.
(2) Paragraphs (3) to (8) shall apply where, whether or not on an inspection carried out under paragraph (1), it appears to an authorised officer that any Star Anise for human consumption or Japanese Star Anise has been imported in contravention of Article 3(1) or, as the case may be, 3(3), of the Food (Star Anise from Third Countries) (Emergency Control) Order (Northern Ireland) 2002.
(ii) either is not to be removed or is not to be removed except to some place specified in the notice; or
(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 sub-paragraph (a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(b) if he is not so satisfied, shall seize the Star Anise and remove it in order to have it dealt with by a justice of the peace.
(5) Where an authorised officer exercises the powers conferred by paragraph (3)(b) or (4)(b), 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 -
(b) that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence consisting of a contravention of Article 3(1) or, as the case may be, 3(3) of the aforesaid Order in relation to that Star Anise.
(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 Article 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 -
(b) any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the Star Anise.
(7) If a notice under paragraph (3)(a) is withdrawn, or the justice of the peace by whom any Star Anise falls to be dealt with under this Article refuses to condemn it, the district council shall compensate the owner of the Star Anise for any depreciation in its value resulting from the action taken by the authorised officer.
(3) The expressions "Star Anise for human consumption" and "Japanese Star Anise", which are used in Article 8 of the 1991 Order 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.
(This note is not part of the Order.) This Order is made under Article 12 of the Food Safety (Northern Ireland) Order 1991 in consequence of it appearing to the Department of Health, Social Services and Public Safety that the importation of certain Star Anise consigned from countries which are not member States of the European Community may involve imminent risk of injury to health. The Order also implements Commission Decision 2002/75/EC laying down special conditions on the import from third countries of Star Anise (O.J. No. L33, 2.2.2002, p. 31). The Order -
(b) prohibits the importation of "Japanese Star Anise" intended for human consumption or which is not labelled to the effect that it is unfit for such use (Articles 2 and 3(2)); (c) specifies the enforcement authority (Article 4); and (d) applies, with modifications, provisions of the 1991 Order (Article 5).
Notes: [1] Formerly the Department of Health and Social Services: see S.I. 1999/283 (N.I. 1) Article 3(6)back [2] S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12) and paragraph 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28back [3] O.J. No. L33, 2.2.2002, p. 31back
ISBN 0 33794215 3
|
|
Other Statutory Rules of Northern Ireland | UK Statutory Instruments | Home | Her Majesty's Stationery Office | ||
| We welcome your comments on this site | © Crown copyright 2002 | Prepared 27 March 2002 |