The Food (Peanuts from China) (Emergency Control) (Scotland) (No. 2) Regulations 2002

Interpretation

2.—(1) In these Regulations–

“the Act” means the Food Safety Act 1990(1) and, subject to paragraph (2), any expression used both in these Regulations and in the Act has the same meaning it bears in the Act;

“the Commission Decision” means Commission Decision 2002/79/EC(2) imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China as amended by Commission Decision 2002/233/EC(3) and by Commission Decision 2002/678/EC(4);

“Chinese peanuts” means–

(a)

peanuts falling within CN code 1202 10 90 or within CN code 1202 20 00;

(b)

roasted peanuts falling within CN code 2008 11 92 (in immediate packs of a net content exceeding 1 kg) or roasted peanuts falling within CN code 2008 11 96 (in immediate packs of a net content not exceeding 1 kg); and

(c)

peanuts falling within CN code 2008 11 94 (in immediate packs of a net content exceeding 1 kg) or peanuts falling within CN code 2008 11 98 (in immediate packs of a net content not exceeding 1 kg),

originating in, or consigned from, China;

“Directive 98/53/EC” means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs(5) as amended by Commission Directive 2002/27/EC(6);

“free circulation” has the same meaning as in Article 23.2 of the Treaty establishing the European Community.

(2) In these Regulations, any terms used in the definition of “Chinese peanuts” have the same meaning as in the Commission Decision.

(1)

1990 c. 16.

(2)

O.J. No. L 34, 5.2.02, p.21.

(3)

O.J. No. L 78, 21.3.02, p.14.

(4)

O.J. No. L 229, 27.8.02, p.33.

(5)

O.J. No. L 201, 17.7.98, p.93.

(6)

O.J. No. L 75, 16.3.02, p.44.