The Food (Star Anise from Third Countries) (Emergency Control) (Wales) Order 2002

Welsh Statutory Instruments

2002 No. 402 (W.50)

FOOD, WALES

The Food (Star Anise from Third Countries) (Emergency Control) (Wales) Order 2002

Made

22nd February 2002

Coming into force

23rd February 2002

Whereas it appears to the National Assembly for Wales that the import of certain Star Anise consigned from countries which are not Member States of the European Community may, save as permitted by the following Order, involve imminent risk of injury to health;

Now therefore the National Assembly for Wales, in exercise of the powers conferred by sections 13(1) and 48(1) of the Food Safety Act 1990(1), and now exercisable by it in relation to Wales(2) and having regard, in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency, makes the following Order:

Title, commencement and extent

1.—(1) This Order may be cited as the Food (Star Anise from Third Countries) (Emergency Control) (Wales) Order 2002 and shall come into force on 23rd February 2002.

(2) This Order extends to Wales only.

Interpretation

2.  In this Order—

“the Act” means the Food Safety Act 1990;

“the Commission Decision” means Commission Decision 2002/75/EC laying down special conditions on the import from third countries of Star Anise(3);

“food authority” does not include 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;

“Japanese Star Anise” means Star Anise (Illicium anisatum, also known as Illicium religiosum, Illicium japonicum, shikimmi and skimmi);

“member State” means a member State of the European Community;

“port health authority” means a port health authority for a port health district constituted under section 2(4) of the Public Health (Control of Disease) Act 1984(4);

“Star Anise for human consumption” means Star Anise (Illicium verum, also known as Chinese Star Anise or Chinese Badian) falling within CN code 0909 10 00 which is intended for human consumption or for use as an ingredient in foodstuffs;

and any term used in the above definition of “Star Anise for human consumption” has the same meaning as in the Commission Decision.

Prohibitions of import

3.—(1) No person shall import into Wales any Star Anise for human consumption which has been consigned from a country which is not a member State, except in accordance with the conditions in Article 1.1 and the second sentence of Article 1.2 of the Commission Decision.

(2) Paragraph (1) above shall not be taken to prohibit the bringing into Wales from another member State of Star Anise for human consumption which is in free circulation in that member State.

(3) No person shall import into Wales any Japanese Star Anise which has been consigned from a country which is not a member State if it—

(a) is intended for use for human consumption; or

(b) does not bear a label stating that it is not fit for human consumption.

Enforcement

4.—(1) Subject to paragraph (2), it shall be the duty of each port health authority to execute and enforce this Order within its district.

(2) In relation to any place which is not situated in the district of a port health authority, this Order shall be executed and enforced by the food authority for the area in which that place is situated.

(3) Each port health authority and food authority shall give such assistance and information to the National Assembly for Wales and the Food Standards Agency as they may reasonably request for the purpose of carrying out their duties under section 13 of the Act in connection with this Order.

Application of various provisions of the Act

5.—(1) The following provisions of the Act shall apply for the purposes of this Order and any reference in those provisions to the Act or part thereof shall be construed for the purposes of this Order as a reference to this Order—

(a) section 3 (presumptions that food intended for human consumption);

(b) section 20 (offences due to fault of another person);

(c) section 33(1) (obstruction etc. of officers);

(d) section 35(1) (punishment of offences) in so far as it relates to offences under section 33(1) as applied by sub-paragraph (b) above; and

(e) section 44 (protection of officers acting in good faith).

(2) Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of this Order as if it read as follows—

“9.— (1) An authorised officer of a food authority or a port health authority may at all reasonable times inspect any Star Anise for human consumption or Japanese Star Anise which—

(a) has been sold or is offered or exposed for sale; or

(b) is in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale.

(2) Subsections (3) to (8) shall apply where, whether or not on an inspection carried out under subsection (1), it appears to an authorised officer that any Star Anise for human consumption or Japanese Star Anise has been imported into Wales in contravention of article 3(1) or, as the case may be, 3(3), of the Food (Star Anise from Third Countries) (Emergency Control) (Wales) Order 2002.

(3) The authorised officer may either—

(a) give notice to the person in charge of the Star Anise concerned that, until the notice is withdrawn, the Star Anise or any specified quantity of it—

(i) is not to be used for human consumption, and

(ii) either is not to be removed or is not to be removed except to some place specified in the notice; or

(b) seize the Star Anise and remove it in order to have it dealt with by a justice of the peace;

and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Where the authorised officer exercises the powers conferred by subsection (3)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the Star Anise has not been imported in contravention of article 3(1) or, as the case may be, 3(3) of the aforesaid Order and—

(a) if he is so satisfied, shall forthwith withdraw the notice;

(b) if he is not so satisfied, shall seize the Star Anise and remove it in order to have it dealt with by a justice of the peace.

(5) Where an authorised officer exercises the powers conferred by subsection (3)(b) or (4)(b) above, he shall inform the person in charge of the Star Anise of his intention to have it dealt with by a justice of the peace and—

(a) any person who under section 35(2) of this Act might be liable to a prosecution in respect of the Star Anise shall, if he attends before the justice of the peace by whom the Star Anise falls to be dealt with, be entitled to be heard and to call witnesses; and

(b) that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence consisting of a contravention of article 3(1) or, as the case may be, 3(3) of the aforesaid Order in relation to that Star Anise.

(6) If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any Star Anise falling to be dealt with by him under this section has been imported in contravention of article 3(1) or, as the case may be, 3(3) of the aforesaid Order, he shall condemn the Star Anise and order—

(a) the Star Anise to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and

(b) any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the Star Anise.

(7) If a notice under subsection (3)(a) above is withdrawn, or the justice of the peace by whom any Star Anise falls to be dealt with under this section refuses to condemn it, the food authority or, as the case may be, port health authority, shall compensate the owner of the Star Anise for any depreciation in its value resulting from the action taken by the authorised officer.

(8) Any disputed question as to the right to or the amount of any compensation payable under subsection (7) above shall be determined by arbitration.”.

(3) The expressions “food authority”, “port health authority”, “Star Anise for human consumption” and “Japanese Star Anise”, which are used in section 9 of the Act so far as it applies for the purposes of this Order by virtue of paragraph (2) shall, for those purposes, bear the meanings that those expressions respectively bear in this Order.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5).

Assembly Secretary

Jane Hutt

22 February 2002

Explanatory Note

(This note does not form part of the Order)

This Order is made under section 13 of the Food Safety Act 1990 in consequence of it appearing to the National Assembly for Wales that the importation into Wales of certain Star Anise consigned from countries which are not member States of the European Community may involve imminent risk of injury to health.

The Order also implements, in relation to Wales, Commission Decision 2002/75/EC laying down special conditions on the import from third countries of Star Anise (OJ No. L33, 2.2.2002, p.31).

The Order—

(a) prohibits the importation of “Star Anise for human consumption” consigned from countries which are not member States of the European Community except where it is accompanied by health certificates completed by the competent authority of the exporting third country and a report on the results of official sampling and analysis undertaken in that country, the importation takes place only through specified points of entry and the consignment is identified with a code corresponding with that specified on the health certificate and in the sampling and analysis results (articles 2 and 3(1));

(b) prohibits the importation of “Japanese Star Anise” intended for human consumption or which is not labelled to the effect that it is unfit for such use (articles 2 and 3(2));

(c) specifies the enforcement authorities (article 4); and

(d) applies, with modifications, provisions of the 1990 Act (article 5).

No regulatory impact assessment has been prepared in relation to this Order.

Due to the time constraints within which this Order had to be made, it was not reasonably practicable to make the Order in both English and Welsh.

(1)

1990 c. 16.

(2)

Functions under the 1990 Act relating to emergency control orders are now exercisable in relation to Wales by the National Assembly for Wales, by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) as read with section 40(3) of the Food Standards Act 1999 (1999 c. 28).

(3)

OJ No. L33, 2.2.2002, p.31.

(4)

1984 c. 22

(5)

1998 c. 38.