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Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (Scotland) Regulations 2003 (S.S.I. 2003/382) (“the principal Regulations”). The amendments are made in consequence of defects in the principal Regulations. The principal Regulations implemented Commission Decision 2003/460/EC on emergency measures regarding hot chilli and hot chilli products (O.J. No. L 154, 21.6.03, p.114) as corrected by a corrigendum published on 25th July 2003 (O.J. No. L 186, 25.7.03, p.47) (“the Commission Decision”).

Regulation 2(2) provides that imports of hot chilli and hot chilli products need not comply with Article 3.1 of the Commission Decision but where subjected to sampling and analysis by the food authority on presentation for importation they may not be imported where they are found to contain Sudan red 1 (CAS No 842-07-9).

Regulation 2(4) clarifies that the documentary checks to be carried out by food authorities are as set out in Article 2.2 of the Commission Decision.

Regulations 2(3), 2(5) and 2(6) correct typographical errors in Regulations 4, 6 and 7 of the principal Regulations respectively.

Regulation 2(7) makes provision for the payment of the cost of analysis, storage and destruction of hot chilli and hot chilli products required by these Regulations.

This instrument is being issued free of charge to all known recipients of the principal Regulations. No Regulatory Impact Assessment has been prepared in respect of these Regulations.