The Imported Food Regulations 1997

Interpretation E+W+S

2.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Food Safety Act 1990;

“district council” means, with regard to Northern Ireland, a district council within the meaning of the Local Government Act (Northern Ireland) 1972(1);

“examination”, with regard to the examination of food by an authorised officer of a food authority, may include a physical, chemical and microbiological examination of the food, and “examine” shall be construed accordingly;

“exempt product of animal origin” means one of the products mentioned in Schedule 1;

“fishery products” has the same meaning as in the Food Safety (Fishery Products) Regulations 1992(2);

“food authority” means—

(a)

with regard to England—

(i)

as respects the Isles of Scilly, the Council of the Isles of Scilly,

(ii)

as respects the City of London (including the Temples), the Common Council,

(iii)

as respects any other part of England—

(aa)

if it is situated in a port health district, the port health authority for that district, or

(bb)

if it is not situated in a port health district, the district council or unitary authority in whose area that part is situated;

(b)

as respects any part of Wales—

(i)

if it is situated in a port health district, the port health authority for that district, or

(ii)

if it is not situated in a port health district, the county or county borough council in whose area that part is situated;

(c)

as respects any part of Scotland—

(i)

if it is situated in the district of a port local authority or joint port local authority, the port local authority or joint port local authority for that district, or

(ii)

if it is not situated in the district of a port local authority or joint port local authority, the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(3) in whose area that part is situated;

“free circulation” has the same meaning as in Article 9.2 of the Treaty establishing the European Community;

“the General Food Hygiene Regulations” means the Food Safety (General Food Hygiene) Regulations 1995(4);

“meat preparations”, “meat products”, “mechanically recovered meat” and “minced meat” have the same meaning as in the Minced Meat and Meat Preparations (Hygiene) Regulations 1995(5);

“milk” means milk of a cow, sheep, goat or buffalo;

“officer of Customs and Excise” means—

(a)

a person commissioned by the Commissioners of Customs and Excise; or

(b)

any other person acting under the authority of the Commissioners of Customs and Excise who is authorised by them to perform the duties to be performed by an officer of Customs and Excise set out in these Regulations;

“third country” means any country or territory which is not part of the customs territory of the European Community;

“unitary authority” means an authority in England which is the sole principal council for its local government area.

(2) In these Regulations, unless the context otherwise requires, a reference—

(a) to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;

(b) in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number; and

(c) in a paragraph to a numbered or lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that number or letter.

Commencement Information

I1 Reg. 2 in force at 17.11.1997, see reg. 1

(1)

1972 c. 9 (N.I.).

(2)

S.I. 1992/3163; the relevant amending instrument is S.I. 1994/2783.

(3)

1994 c. 39.

(4)

S.I. 1995/1763; there are no relevant amending instruments.

(5)

S.I. 1995/3205.