Statutory Instruments
FOOD
FOOD SAFETY
Made
28th February 1991
Laid before Parliament
28th February 1991
Coming into force
1st March 1991
The Minister of Agriculture, Fisheries and Food, and the Secretaries of State respectively concerned with health in England and food and health in Wales acting jointly in respect of England and Wales and the Secretary of State for Scotland in respect of Scotland in exercise of the powers conferred by sections 6(4), 18(1)(c), 26(3) and 48(1)(a) of the Food Safely Act 1990(1), and all other powers enabling them in that behalf, hereby makes the following Regulations:—
1.—(1) These Regulations may be cited as the Imported Food (Peruvian Foodstuffs) Regulations 1991, and shall come into force on I st March 1991.
(2) In the Schedules to these Regulations except where the context otherwise requires, a reference to any description of food is a reference to that food when not combined with other ingredients except—
(a)salt; or
(b)in the case of fruit, oil or wax.
2.—(1) Subject to paragraph (2) of this regulation, the importation into Great Britain of food which has been harvested in Peru or subjected in Peru to any process of cleaning, freezing, packaging or washing is prohibited.
(2) The prohibition imposed by paragraph (1) of this regulation does not apply to food which—
(a)is a canned foodstuff with a pH value less than 4.5; or
(b)subject to paragraph (4) of this regulation is of a description—
(i)specified in Schedule I to these Regulations; or
(ii)specified in Schedule 2 to these Regulations and at least 21 days have elapsed at the time of its arrival in Great Britain since it left Peru and, in the case of melons the skin is undamaged.
(3) Any person who imports into Great Britain any food in contravention of paragraph (1) of this regulation shall be guilty of an offence triable summarily and liable on conviction to imprisonment for a period not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
(4) Nothing in sub-paragraph (b) of paragraph (2) of this regulation or the Schedules to these Regulations shall be taken to permit the importation into Great Britain of any canned foodstuff whose pH value is 4.5 or more, and in these Regulations “pH value” means the negative decimal logarithm of the concentration of hydrogen ions expressed in moles per litre.
3.—(1) The following provisions of the Food Safety Act 1990 shall apply for the purposes of an offence under regulation 2(3) of these Regulations as they apply for the purposes of an offence under Part 11 of that Act:—
section 30(8) (which relates to documentary evidence);
section 36 (offences by bodies corporate).
(2) Each of the following sections of the Food Safety Act 1990 shall apply to proceedings for an offence under regulation 2(3) of these Regulations as they apply to proceedings for an offence under any of the provisions in Part II of that Act which precede that section:—
section 20 (offence due to fault of another person);
section 21 (defence of due diligence).
4.—(1) Subject to paragraph (2) below these Regulations shall be enforced and executed—
(a)as respects each London borough or district in England and Wales, by the council of that borough or district;
(b)as respects the City of London (including the Temples), by the Common Council;
(c)as respects an islands area or district in Scotland by the islands or district council.
(2) Where any functions under the Food Safety Act 1990 are assigned—
(a)by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984(2) to a port health authority; or
(b)by an order under section 172 of the Public Health (Scotland) Act 1897(3) to a port local authority;
these Regulations shall be enforced by that authority within its area and not by the food authority mentioned in paragraph (1) of this regulation.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this 28th day of February 1991.
L.S.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
28th February 1991
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
28th February 1991
Signed by authority of the Secretary of State for Wales.
Nicholas Bennett
Parliamentary Under-Secretary of State, Welsh Office
28th February 1991
Signed by authority of the Secretary of State for Scotland.
Michael B. Forsyth
Minister of State, Scottish Office
28th February 1991
Regulation 2(1)
Coffee
Dried cereals
Dried whole pulses
Mangoes which have been cut or diced and which have a pH value less than 4.5.
Nuts (whether in shell or shelled)
Spices and condiments which have been properly irradiated in accordance with the Food (Control of Irradiation) Regulations 1990(4).
Tea
Regulation 2(2)
Asparagus
Dried fruit
Melons
Mushrooms
Whole Mangoes
Onions
Spices and condiments (other than those mentioned in Schedule I to these Regulations)
Strawberries
(This note is not part of the Regulations)
These Regulations prohibit the importation into Great Britain of Peruvian food, (regulation 2(1)) exceptions to the prohibition are provided (regulation 2(2) and Schedules 1 and 2). The provisions of the Food Safety Act 1990 relating to the commission of offences by corporations, or as a result of another person’s fault, documentary evidence and the defence of due diligence, are applied to the offence of importing Peruvian food in breach of the Regulations (regulations 2(3) and 3). The Regulations are to be enforced by specified food authorities, port health authorities and port local authorities (regulation 4).
1990 c. 16. Section 4(1) provides a definition of “the Ministers” which is relevant to the powers being exercised in the making of these Regulations.
S.I. 1990/2490.