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Prohibition of import

3.—(1) Subject to paragraph (3), no person shall import into England any controlled Chinese peanuts unless—

(a)the conditions specified in Article 1.1 and 1.3 of the Commission Decision are satisfied in relation to those peanuts; or

(b)the derogation contained in Article la of the Commission Decision (which is concerned with consignments which left China prior to 11th March 2002) is satisfied in relation to them.

(2) Subject to paragraph (3), no person shall import into England any controlled Chinese peanuts, except through a point of entry listed in Annex II to the Commission Decision.

(3) Neither paragraph (1) nor paragraph (2) shall be taken to prohibit the import into England from a member State of any controlled Chinese peanuts which are in free circulation in that State.

(4) For the purposes of this regulation, any Chinese peanuts shall be presumed until the contrary is proved to be controlled Chinese peanuts.

(5) Any person who knowingly contravenes paragraph (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.