Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (Amendment) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 362) to implement the Commission Decision of 21st January 2004 on emergency measures regarding chilli and chilli products (“the new Decision”). That Decision repealed Commission Decision 2003/460/EC on emergency measures regarding hot chilli and hot chilli products (O.J. No. L154, 21.6.2003, p. 114).

The differences between the new Decision and Commission Decision 2003/460/EC are that –

(a) the new Decision extends in relation to curry powder the emergency measures previously set out in Commission Decision 2003/460/EC in relation to chillies which have been dried and crushed or ground. This change is implemented by inserting a revised definition of “hot chilli and hot chilli products” into S.R. 2003 No. 362 (regulation 2(2)(b)); and

(b) the new Decision amends the conditions for import of chilli and chilli products by providing that import is now prohibited unless the analytical report accompanying the consignment shows that the product not only does not contain Sudan I (CAS Number 842–07–9) but additionally does not contain Sudan II (CAS Number 3118–97–6), Sudan III (CAS Number 85–86–9) or Scarlet Red or Sudan IV (CAS Number 85–83–6). This change is implemented by inserting a revised definition of “the Commission Decision” into S.R. 2003 No. 362 (regulation 2(2)(a)).

These Regulations remove unnecessary wording from the provision in S.R. 2003 No. 362 (regulation 6(2)) which provides that a notice ordering the destruction of illegal imports of hot chilli and hot chilli products has to contain information about the right of appeal (regulation 2(3)).

These Regulations also revise regulation 6(4) of S.R. 2003 No. 362 to clarify that on an appeal to a court of summary jurisdiction against a notice ordering the destruction of illegal imports of hot chilli and hot chilli products the court must uphold the notice or set it aside (regulation 2(4)).

The CN codes referred to in the definition of “hot chilli and hot chilli products” are the code numbers of the combined nomenclature established by Regulation 2658/87 on the tariff and statistical nomenclature and on the customs tariff (O.J. No. L256, 7.9.87, p. 1).