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3.—(1) Subject to paragraph (2), no person shall import into Scotland any hot chilli or hot chilli products unless–
(a)the conditions specified in Articles 2.1, 2.3, 3.1 and 4 of the Commission Decision are satisfied in relation to those products; and
(b)the costs resulting from their analysis and storage specified in Article 6 of the Commission Decision have been met.
(2) Paragraph (1) shall not be taken to prohibit the bringing into Scotland–
(i)from a member State of any hot chilli or hot chilli products which are in free circulation in that member State; or
(ii)from England, Wales or Northern Ireland of hot chilli or hot chilli products which have been imported into the United Kingdom in accordance with the Commission Decision.
(3) Any person who knowingly contravenes 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.
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