The Food (Brazil Nuts) (Emergency Control) (England) Regulations 2003

Interpretation

2.—(1) In these Regulations —

“the Act” means the Food Safety Act 1990(1) and, save where the context otherwise requires and subject to paragraph (2), any expression used both in these Regulations and in the Act has the meaning it bears in the Act;

“Brazil nuts” means Brazil nuts in shell falling within CN code 0801 21 00 originating in or consigned from Brazil;

“the Commission Decision” means Commission Decision 2003/493/EC imposing special conditions on the import of Brazil nuts in shell originating in or consigned from Brazil(2);

“Directive 98/53/EC” means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs(3) as amended by Commission Decision 2002/27/EC(4);

“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner and Middle Temple) nor a port health authority;

“free circulation” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community; and

“port health authority” means —

(a)

in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984(5) by section 7(1) of that Act), the Common Council of the City of London; and

(b)

in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.

(2) Any term used in the definition of “Brazil nuts” in paragraph (1) has the same meaning as in the Commission Decision.

(1)

1990 c. 16.

(2)

OJ No. L168, 5.7.2003, p.33.

(3)

OJ No. L201, 17.7.1998, p.93.

(4)

OJ No. L75, 16.3.2002, p.44.

(5)

1984 c. 22.