Prohibition on import3

1

Subject to paragraph (3), no person shall import into Scotland any Iranian pistachios unless–

a

the conditions specified in Article 2.1, 2.3 and 2.7 of the Commission Decision are satisfied in relation to those Iranian pistachios; and

b

on sampling and analysis by the food authority under regulation 4(3)(b) those Iranian pistachios are found not to contain higher levels of aflatoxin than those specified for such pistachios in Annex I of the Commission Regulation.

2

Subject to paragraph (3), no person shall import into Scotland any Iranian pistachios, except through a point of entry listed in Annex II to the Commission Decision.

3

Paragraphs (1) and (2) shall not be taken to prohibit the bringing into Scotland–

a

from another member State of the European Community of any Iranian pistachios which are in free circulation in that member State; or

b

from England, Wales or Northern Ireland of Iranian pistachios which have been imported into the United Kingdom in accordance with the Commission Decision.

4

Any person who knowingly contravenes paragraph (1)(a) or (2) 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.