The Rice Products from the United States of America (Restriction on First Placing on the Market) (Wales) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement in relation to Wales Commission Decision 2006/601/EC on emergency measures regarding non-authorised genetically modified organism “LL RICE 601” in rice products (OJ No. L244, 7.9.2006, p.27) as last amended by Commission Decision 2008/162/EC amending Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism “LL RICE 601” in rice products (OJ No. L52, 27.2.2008, p.25). They revoke and re-enact the Rice Products (Restriction on First Placing on the Market) (Wales) Regulations 2006 (S.I.2006/2923 (W.260).

These Regulations—

(1)

prohibit the first placing on the market of any “rice product” (defined in regulation 2(1)), except where—

(a)

it is accompanied by—

(i)

a statement from the food business operator responsible for the consignment that the product only contains rice, from the 2007 or a subsequent harvest, that was subject to the plan of the USA Rice Federation aiming to remove “LL Rice 601” from the US export channels, and

(ii)

the original of an analytical report issued by a laboratory referred to in Annex II to the Commission Decision confirming that the product does not contain the genetically modified rice “LL RICE 601”; that report must itself be accompanied by an official document issued by the Grain Inspection, Packers and Stockyards Administration of the United States Department of Agriculture in accordance with the protocol described in that Annex (regulation 3(1)(a)), and

(b)

specified requirements for split consignments are complied with (regulation 3(1)(b));

(2)

provide that a person who knowingly contravenes that prohibition is guilty of an offence and prescribe penalties for that offence (regulation 3(2));

(3)

provide for their enforcement (regulation 4); and

(4)

apply with modifications certain provisions of the Food Safety Act 1990 (1990 c. 16) for the purposes of the Regulations (regulation 5).

No regulatory impact assessment has been prepared in relation to these Regulations.