2004 No. 455

FOOD, ENGLAND

The Kava-kava in Food (England) (Amendment) Regulations 2004

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred by sections 16(1)(a), (e) and (f), 18(1)(c), 26(1) and (3) and 48(1) of the Food Safety Act 19901 and now vested in him2 and having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency, and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council3 and in accordance with section 48(4) and (4B) of the said Act, hereby make the following Regulations:

Title and commencement1

These Regulations may be cited as the Kava-kava in Food (England) (Amendment) Regulations 2004 and shall come into force on 17th March 2004.

Amendments to the Kava-kava in Food (England) Regulations 20022

1

The Kava-kava in Food (England) Regulations 20024 shall be amended in accordance with paragraphs (2) and (3).

2

In regulation 2 (interpretation) —

a

immediately after the definition of “the Act”, there shall be inserted the following definitions —

  • “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;

b

immediately after the definition of “food authority”, there shall be inserted the following definition —

  • “free circulation in member States” 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

for the words “No person shall” there shall be substituted the phrase “(1) Subject to paragraph (2), no person shall”; and

b

immediately after the existing text there shall be added the following paragraph —

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 member States,

and is being, or is to be, exported to an EEA State other than the United Kingdom.

Signed by authority of the Secretary of State for Health

Melanie JohnsonParliamentary Under Secretary of State,Department of Health

(This note is not part of the Regulations)

1

These Regulations amend the Kava-kava in Food (England) Regulations 2002 (S.I.2002/3169) which prohibit the sale, possession for sale, offer, exposure or advertisement for sale, and the importation into England from a country outside the United Kingdom, of any food consisting of, or containing, Kava-kava (being a plant, or any part of or an extract from a plant, belonging to the species Piper methysticum).

2

These Regulations provide for an exception to the prohibition imposed by the Kava-kava in Food (England) Regulations 2002 where the food is imported from an EEA State, if it originates from such a State or originates outside the EEA but is in free circulation in member States (within the meaning of Article 23.2, as read with Article 24, of the EC Treaty), and is being, or is to be, exported to an EEA State other than the United Kingdom (regulation 2(3)).

3

In the light of the amendments effected by regulation 2(3) of these Regulations, relevant definitions are inserted into regulation 2 (interpretation) of S.I.2002/3169 (regulation 2(2)).

4

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