Statutory Instrument 1991 No. 2934

The Imported Food and Feedingstuffs (Safeguards against Cholera) (Amendment) Regulations 1991

---

© Crown Copyright 1991

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Imported Food and Feedingstuffs (Safeguards against Cholera) (Amendment) Regulations 1991, ISBN 0110157591. The print version may be purchased by clicking <. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1991 No. 2934

AGRICULTURE

FOOD

The Imported Food and Feedingstuffs (Safeguards against Cholera) (Amendment) Regulations 1991

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and with food and health in Wales acting jointly as respects England and Wales, and the Secretary of State for Scotland as respects Scotland, in exercise of the powers conferred by sections 16(1)(f), 17(1) and (2), 18(1)(c), 26(3) and 48(1) of the Food Safety Act 1990^[1], and the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, being designated Ministers^[2], for the purposes of section 2 of the European Communities Act 1972^[3] in respect of the common agricultural policy of the European Economic Community in exercise of the powers conferred by section 2 of that Act, and in each case in exercise of all other powers respectively enabling them in that behalf, after consultation (in so far as required by the Act of 1990^[4]) with bodies appearing to them to be representative of interests likely to be substantially affected by the Regulations, hereby make the following Regulations:—

Citation and commencement
    1.    These Regulations may be cited as the Imported Food and Feedingstuffs (Safeguards against Cholera) (Amendment) Regulations 1991 and shall come into force on 29th January 1992.

Amendment of the Imported Food and Feedingstuffs (Safeguards against Cholera) Regulations 1991
    2.—(1)  The Imported Food and Feedingstuffs (Safeguards against Cholera) Regulations 1991^[5] shall be amended in accordance with this regulation.

    (2)  In regulation 1(2)—
 (a) after the definition of "CERPER" there shall be inserted the following—
""the Council Regulation" means Council Regulation (EEC) No 3185/91 adopting protective measures for the import of fruit and vegetables from certain countries affected by cholera^[6];"

 (b) after the definition of "fish" there shall be inserted the following—
""member State" means a member State of the European Economic Community other than the United Kingdom;" ;

 (c) for the definition of "product" there shall be substituted the following—
""product" means anything derived from a fish or mollusc by any process of preparation;" ; and

 (d) the definitions of "pH value", "relevant fruit" and "relevant vegetable" shall be omitted.

    (3)  In regulation 1(3), sub-paragraph (c) shall be omitted.

    (4)  Regulation 4 shall be omitted.

    (5)  For regulation 5 there shall be substituted the following—

"Prohibition on export to other member States of fish products and bivalve molluscs originating in an affected country
    5.—(1)  Subject to paragraph (2) no person shall consign for export to a member State any fish product or bivalve mollusc which is from an affected country and is intended for human or animal consumption.

    (2)  The prohibition imposed by paragraph (1) does not apply to a consignment if each lot of which the consignment is comprised has been inspected by an authorised officer of one of the authorities mentioned in regulation 8 and he is satisfied that—
(a) the consignment is accompanied by such documents as are required by regulation 2 or 3 to accompany it on its importation; and

(b) the lots referred to in those documents are the lots actually comprising the consignment." .





    (6)  For regulation 6 there shall be substituted the following—

"Offences
    6.—(1)  Any person who contravenes regulation 2(1) or (2), 3(1) or 5(1) shall be guilty of an offence, triable only summarily, and liable on conviction to imprisonment for a period not exceeding three months, or to a fine not exceeding level 5 on the standard scale, or to both.

    (2)  Any person who imports into Great Britain, or consigns for export from Great Britain to a member State, any fruit or vegetable or fruit or vegetable product to which article 1 of the Council Regulation applies, otherwise than in compliance with such of the provisions of article 2 of that Regulation as apply to it, shall be guilty of an offence, triable only summarily, and liable upon conviction to imprisonment for a period not exceeding three months, or to a fine not exceeding level 5 on the standard scale,or to both." .




    (7)  In regulation 7—
 (a) in paragraph (1) for "the Regulations" there shall be substituted "these Regulations";
 (b) in paragraph (2) after "as if" there shall be inserted "these Regulations, so far as made under section 2 of the European Communities Act 1972, were made under the Act and as if".

    (8)  Schedule 3 shall be omitted.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

John Gummer

Minister of Agriculture, Fisheriesand Food

20th December 1991.
Signed by authority of the Secretary of State for Health

Stephen Dorrell

Parliamentary Under-Secretary of State, Department of Health

23rd December 1991

David Hunt

Secretary of State for Wales

23rd December 1991

Michael Forsyth

Minister of State, Scottish Office

23rd December 1991

These Regulations provide for the enforcement and execution in Great Britain of Council Regulation (EEC) No 3185/91 made by the Council of the European Communities adopting protective measures for the import of fruit and vegetables from certain countries affected by cholera (OJ No L 303, pp 1—5, 1.11.91). Article 1 of that Regulation specifies the fruit and vegetables to which it applies.
  The Regulations also amend the provisions contained in the Imported Food and Feedingstuffs (Safeguards against Cholera) Regulations 1991 relating to the re-export of fish from Peru, Ecuador and Colombia, thereby giving effect to the Decision 91/541/EEC of the Commission of 15 October 1991 (OJ No L 294, p51, 25.10.91) amending Decisions 91/146/EEC concerning protective measures against cholera in Peru (OJ No L 73, p34, 20.3.91), 91/281/EEC concerning importations of fishery and aquaculture products from Ecuador (OJ No L 142, p43, 6.6.91) and 91/282/EEC concerning importations of fishery and aquaculture products from Colombia (OJ No L 142, p44, 6.6.91). They also make amendments to those regulations consequential upon both the Decision and the Council Regulation, and make it an offence to import into Great Britain, or export from Great Britain to another member State of the European Economic Community, fruit, vegetables and fruit and vegetable products to which the Council Regulation applies, except in compliance with its requirements as to certification and inspection. Certain presumptions, contained in the Food Safety Act 1990, which are applied by the principal Regulations to certificates given by proper authorities in the affected countries in relation to food, are extended so as to apply also to certificates about feedingstuffs (Regulation 2).

[1] 1990 c. 16. Section 4(1) of the Act of 1990 provides a definition of "the Ministers" which is relevant to the powers being exercised in the making of these Regulations. back

[2] S.I. 1972/1811. back

[3] 1972 c. 68. back

[4] See section 48(4). back

[5] S.I. 1991/2486. back

[6] OJ No L 303, 1.11.91. back