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The Plastic Kitchenware (Conditions on Imports from China) Regulations (Northern Ireland) 2011
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- Northern Ireland Statutory Rules
- 2011 No. 236
- Regulation 8
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Notices and actions in the case of non-complianceN.I.
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8.—(1) If an importer presents a consignment of relevant product for import into Northern Ireland without submitting a declaration and accompanying laboratory report in accordance with the requirements of Article 3(1),(2) and (3), the district council may by written notice require the importer to submit such a declaration and laboratory report within 14 days of the date of service of the notice.
(2) If the checks provided for in Article 6(1) indicate that —
(a)where notice has been served under paragraph (1), the declaration specified in Article 3(1) together with the laboratory report specified in Article 3(3) has not been submitted by the date specified in the notice; or
(b)where notice has not been served under paragraph (1), the declaration specified in Article 3(1) together with the laboratory report specified in Article 3(3) has not been submitted; or
(c)a declaration or a laboratory report has been submitted that does not comply with the requirements of Article 3(1),(2) and (3); or
(d)the relevant product that is the subject of the checks —
(i)fails an identity check, or
(ii)[F1does not meet the requirements of Commission Regulation (EU) No. 10/2011 on plastic materials and articles intended to come into contact with food, as last amended by Commission Regulation (EU) 2018/831, except for Annex 1 to Commission Regulation (EU) No. 10/2011 which shall be construed as amended from time to time.] ,
the district council must take the steps set out in paragraph (3).
(3) The district council must, by written notice —
(a)require the importer within 60 days of the date of service of the notice —
(i)to re-dispatch the consignment outside the European Union,
(ii)in the case of polyamide kitchenware, to carry out shredding and melting and form the resulting product into articles for purposes other than food contact, or
(iii)at the importer’s expense to destroy the consignment under official control; and
(b)inform the importer that if the requirements of sub-paragraph (a) are not complied with the district council may in accordance with [F2Article 138(2) and (4) of Regulation 2017/625] arrange for the destruction of the consignment and recover the costs of storage and destruction from the importer.
(4) Any notice under paragraph (1) or (3) may be served on the importer or the importer’s representative.
Textual Amendments
F1Words in reg. 8(2)(d)(ii) substituted (11.2.2019) by The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 24
F2Words in reg. 8(3)(b) substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/218), regs. 1, 36
Commencement Information
I1Reg. 8 in operation at 1.7.2011, see reg. 1
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