2.—(1) The Food (Brazil Nuts) (Emergency Control) Regulations (Northern Ireland) 2003(1) shall be amended in accordance with paragraphs (2) and (3).
(2) For paragraphs (1) and (2) of regulation 6 (re-dispatch or destruction of illegal imports) there shall be substituted the following paragraphs –
“(1) If on sampling or analysis of any Brazil nuts it appears to an authorised officer 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(2) he may after appropriate consultation with a person appearing to him 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 court of summary jurisdiction; and
(b)the period within which such an appeal may be brought.”.
(3) For paragraph (4) of regulation (6) there shall be substituted the following paragraph –
“(4) Any person who is aggrieved by a decision of an authorised officer to serve a notice under paragraph (1) may appeal to a court of summary jurisdiction, which shall determine whether the notice should be upheld or set aside.”.
O.J. No. L77, 16.3.2001, p. 1