2004 No. 244
The Kava-kava in Food (Scotland) Amendment Regulations 2004
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by sections 16(1)(a) and (f), 18(1)(c), 26(1) and 48(1) of the Food Safety Act 19901 and of all other powers enabling them in that behalf and having had regard in accordance with section 48(4A)2 of that Act to relevant advice given by the Food Standards Agency, and after consultation in accordance with section 48(4) and (4B)3 of that Act, hereby make the following Regulations:
Citation and commencement1
These Regulations may be cited as the Kava-kava in Food (Scotland) Amendment Regulations 2004 and shall come into force on 16th June 2004.
Amendments to the Kava-kava in Food (Scotland) Regulations 20022
1
The Kava-kava in Food (Scotland) Regulations 20024 are amended in accordance with paragraphs (2) and (3).
2
In regulation 2 (interpretation) after the definition of “the Act”, insert–
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 19925 as adjusted by the Protocol signed at Brussels on 17th March 19936;
“EEA State” means a State which is a Contracting Party to the EEA Agreement; and
“free circulation” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community;
3
In regulation 3 (prohibition on sale etc. of food consisting of or containing Kava-kava)–
a
at the beginning insert “(1) Subject to paragraph (2),”; and
b
at the end insert–
2
The prohibition imposed by paragraph (1) shall not apply where the food consisting of or containing Kava-kava is imported from an EEA State, if the food–
a
originates in an EEA State, or
b
originates outside the European Economic Area, but is in free circulation in a member State,
and is being, or is to be, exported to an EEA State other than the United Kingdom.
(This note is not part of the Regulations)