The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2012

Amendment of the Specified Products from China (Restriction on First Placing on the Market) (Scotland) Regulations 2008

2.—(1) The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Regulations 2008(1) are amended in accordance with paragraphs (2) to (8).

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “the Commission Decision” substitute the definition—

““the Commission Decision” means Commission Implementing Decision 2011/884/EU on emergency measures regarding unauthorised genetically modified rice in rice products originating from China and repealing Decision 2008/289/EC(2);”;

(b) after the definition of “local authority”—

(i) omit “and”; and

(ii) insert the definition—

““placing on the market” has the meaning given to it in Article 3.8 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3); and”; and

(c) in the definition of “rice product”, for “the Annex” substitute “Annex I”.

(3) For the heading to, and paragraph (1) of, regulation 3 (restriction on first placing on the market of rice products), substitute—

“Restriction on placing on the market of rice products

3.— (1) The placing on the market of any rice product is prohibited unless—

(a) the conditions specified in Article 4 of the Commission Decision have been complied with in relation to that product; and

(b) where the consignment of the rice product has been split following official control, an authenticated copy of the health certificate and the analytical report accompanies each part of the split consignment.”.

(4) Omit regulation 4 (notification of positive results).

(5) In regulation 5 (enforcement), after paragraph (4), insert—

“(5) Each local authority within its area shall ensure that the requirements in the following provisions are adhered to:—

(a) Article 5 of the Commission Decision (which is concerned with the conditions under which rice products may be placed on the market, the official controls to be carried out and the measures to be taken with regard to non-compliant consignments); and

(b) the first sentence of Article 7 of that Decision (which is concerned with the control of splitting of consignments).”.

(6) In regulation 6 (recovery of costs)—

(a) for “Article 5” substitute “Article 8”; and

(b) where it appears, after “food business operator”, insert “or feed business operator”.

(7) In regulation 7(1)(b) (application of various provisions of the Food Safety Act 1990), for “first placing on the market” substitute “placing on the market”.

(8) As regulation 8, insert—

“Transitional provision

8.   The prohibition in regulation 3(1) does not apply in relation to any rice product which left China before 1st February 2012 provided that—

(a) the sampling and analysis has been conducted in accordance with Article 4(3) of the Commission Decision; and

(b) the placing on the market of the product would not have constituted an offence under these Regulations as they stood immediately before the coming into force of the Specified Products from China (Restriction on First Placing on the Market) (Scotland) Amendment Regulations 2012.”.

(1)

S.S.I. 2008/148.

(2)

OJ L 343, 23.12.2011, p.140.

(3)

OJ L 31, 1.2.2002, p.1, last amended by Commission Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (OJ L 188, 18.7.2009, p.14).