The Rice Products from the United States of America (Restriction on First Placing on the Market) (Scotland) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations which extend to Scotland only, implement Commission Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism “LL RICE 601” in rice products (O.J. No. L 244, 7.9.2006, p.27) as amended by Commission Decision 2006/754/EC amending Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism “LL RICE 601” in rice products and by Commission Decision 2008/162/EC amending Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism “LL RICE 601” in rice products (O.J. No. L 52, 27.2.2008, p.25). They revoke and replace the Rice Products (Restriction on First Placing on the Market) (Scotland) Regulations 2006 (S.S.I. 2006/542).

These Regulations–

(a) provide that no person shall first place on the market any “rice product” (defined in regulation 2(1)), except where–

(i) it is accompanied by–

(aa) a statement from the food business operator responsible for the consignment that the product only contains rice, from the 2007 or a subsequent harvest, that was subject to the plan of the USA Rice Federation aiming to remove “LL Rice 601” from the US export channels, and

(bb) and the original of an analytical report issued by a laboratory referred to in Annex II to the Commission Decision confirming that the product does not contain the genetically modified rice “LL RICE 601”; that report must itself be accompanied by an official document issued by the Grain Inspection, Packers and Stockyards Administration of the United States Department of Agriculture in accordance with the protocol described in that Annex, and

(ii) specified requirements for split consignments are complied with (regulation 3(1));

(b) provide that a person who knowingly contravenes that prohibition is guilty of an offence and prescribe penalties for that offence (regulation 3(2));

(c) provide for their enforcement (regulation 4);

(d) provide for the recovery of costs incurred from issuing the accompanying documents pursuant to article 2(2) of the Commission Decision (regulation 5); and

(e) apply with modifications certain provisions of the Food Safety Act 1990 for the purposes of the Regulations (regulation 6).

No regulatory impact assessment has been prepared in relation to these Regulations.