The Kava-kava in Food (Scotland) Amendment Regulations 2004

Amendments to the Kava-kava in Food (Scotland) Regulations 2002

2.—(1) The Kava-kava in Food (Scotland) Regulations 2002(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2 (interpretation) after the definition of “the Act”, insert–

““EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(2) as adjusted by the Protocol signed at Brussels on 17th March 1993(3);

“EEA State” means a State which is a Contracting Party to the EEA Agreement; and

“free circulation” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community;”.

(3) In regulation 3 (prohibition on sale etc. of food consisting of or containing Kava-kava)–

(a) at the beginning insert “(1) Subject to paragraph (2),”; and

(b) at the end insert–

“(2) The prohibition imposed by paragraph (1) shall not apply where the food consisting of or containing Kava-kava is imported from an EEA State, if the food–

(a) originates in an EEA State, or

(b) originates outside the European Economic Area, but is in free circulation in a member State,

and is being, or is to be, exported to an EEA State other than the United Kingdom.”.

(1)

S.S.I. 2002/523.

(2)

O.J. No. L 1, 3.1.94, p.1.

(3)

O.J. No. L 1, 3.1.94, p.571.