The Food (Brazil Nuts) (Emergency Control) (Wales) Regulations 2003

Re-dispatch or destruction of illegal imports E+W

6.— [F1 (1) If on an inspection or examination of any Brazil nuts it appears to an authorised officer of a port health authority or as the case may be food authority that they do not comply with the maximum levels for aflatoxin B1 and aflatoxin total established by Commission Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs the authorised officer may after appropriate consultation with a person appearing to the authorised officer to be the importer serve on that person a notice ordering —

(a) the re-dispatch of the Brazil nuts to the country of origin within such reasonable period as shall be specified in the notice, but only if the conditions specified in points (a) to (c) of Article 6 of the Commission Decision are complied with; or

(b) (where those conditions are not complied with) the destruction of the Brazil nuts within such reasonable period as shall be so specified.

(2) The notice served under paragraph (1) shall state —

(a) the right of appeal to a magistrates' court; and

(b) the period within which such an appeal may be brought.]

(3) Any person who is aggrieved by a decision of an authorised officer to serve a notice under paragraph (1) may appeal to a magistrates' court, which shall determine whether or not the notice [F2 should be upheld or set aside].

(4) The period within which such an appeal as is mentioned in paragraph (3) may be brought shall be 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and Public Holidays and the making of the complaint shall be deemed for the purpose of this paragraph to be the bringing of the appeal.

(5) The procedure on an appeal to a magistrates' court under paragraph (3) shall be by way of complaint for an order and the Magistrates' Court Act 1980M1 shall apply to the proceedings.

(6) If the court allows an appeal brought under paragraph (3) the authority concerned shall compensate the owner of the Brazil nuts concerned for any depreciation in their value resulting from the action taken by the authorised officer.

(7) Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.

(8) Any person who breaches the terms of a notice served under paragraph (1) 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.

Textual Amendments

F1 Reg. 6(1)(2) substituted (8.2.2004) by The Food (Emergency Control) (Miscellaneous Amendments) (Wales) Regulations 2004 (S.I. 2004/245), regs. 1(1), 2(2)

F2 Words in reg. 6(3) substituted (8.2.2004) by The Food (Emergency Control) (Miscellaneous Amendments) (Wales) Regulations 2004 (S.I. 2004/245), regs. 1(1), 2(3)

Marginal Citations

M1 1980 c. 43.