Citation and commencement

1.  These Regulations may be cited as the Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) Regulations (Northern Ireland) 2005 and shall come into operation on 2nd June 2005.

Interpretation

2.—(1) In these Regulations –

“chilli” means fruits of the genus Capsicum, dried and crushed or ground within CN Code 09042090, in whatever form;

“chilli products” means curry powder within CN Code 091050, in whatever form;

“the Commission Decision” means the Commission Decision of 23rd May 2005 on emergency measures regarding chilli, chilli products, curcuma and palm oil(4);

“controlled products” means chilli, chilli products, curcuma and palm oil intended for human consumption;

“curcuma” means curcuma, dried and crushed or ground within CN Code 091030, in whatever form;

“the Department” means the Department of Health, Social Services and Public Safety;

“free circulation” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community(5);

“intended for direct human consumption” has the same meaning as in the Commission Decision;

“the Order” means the Food Safety (Northern Ireland) Order 1991(6) and subject to paragraph (2), any expression used both in these Regulations and in the Order has the meaning it bears in the Order; and

“palm oil” means palm oil within CN Code 15111090.

(2) Any term used in the definitions of “chilli”, “chilli products”, “curcuma” and “palm oil” in paragraph (1) has the same meaning as in the Commission Decision.

(3) The Interpretation Act (Northern Ireland) 1954(7) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Prohibition on import

3.—(1) Subject to paragraph (2), no person shall import into Northern Ireland any controlled products unless –

(a)the conditions specified in Articles 2.1, 2, and 4 and 4 of the Commission Decision are satisfied in relation to those products; and

(b)the costs resulting from their analysis, storage and destruction specified in Article 6 of the Commission Decision have been met.

(2) Nothing in paragraph (1) shall be taken to prohibit the import into Northern Ireland from a member State of any controlled products which are in free circulation in that State.

(3) Any person who knowingly contravenes paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(4) For the purpose of determining whether or not any person is guilty of an offence consisting of a breach of paragraph (3), any chilli, chilli products, curcuma and palm oil shall be presumed until the contrary is proved to be controlled products.

Enforcement

4.—(1) It shall be the duty of each district council to execute and enforce these Regulations within its district.

(2) For the purposes of the exercise of the duty referred to in paragraph (1) an authorised officer shall –

(a)ensure that the requirements referred to in paragraph (3) are adhered to; and

(b)have the same powers of entry as are bestowed on an authorised officer by Article 33 of the Order for purposes connected with the Order or Regulations or Orders made under the Order.

(3) The requirements are those specified in –

(a)Article 2.1, 2 and 4 of the Commission Decision (which is concerned with documentary checks relating to consignments of controlled products);

(b)Article 3 of that Decision (which is concerned with the sampling and analysis of such consignments), other than the requirements to supply the Commission with specified information; and

(c)Article 4 of that Decision (which is concerned with the case where consignments are split).

(4) Each district council shall give such assistance and information to the Department and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.

Application of various provisions of the Food Safety (Northern Ireland) Order 1991 and sampling and analysis

5.—(1) The following provisions of the Order shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Order or Part thereof shall be construed as a reference to these Regulations –

(a)Article 19 (offences due to fault of another person);

(b)Article 34(1) (obstruction etc. of officers);

(c)Article 34(2), with the modification that the reference to “any such requirement as is mentioned in paragraph (1)(b)” shall be deemed to be a reference to any such requirement as is mentioned in Article 34(1)(b) as applied by sub-paragraph (b);

(d)Article 36(1) (punishment of offences), in so far as it relates to offences under Article 34(1) as applied by sub-paragraph (b); and

(e)Article 36(2) and (3)(8), in so far as it relates to offences under Article 34(2) as applied by sub-paragraph (c).

(2) Article 29 of the Order (procurement of samples) shall apply for the purposes of these Regulations with the modifications that –

(a)for paragragh (b)(ii) there shall be substituted the following provision –

“(ii)is found by him at any premises which he is authorised to enter by virtue of regulation 4(2)(b) of the Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) Regulations (Northern Ireland) 2005;”;

(b)paragraph (c) shall be omitted; and

(c)for “any of the provisions of this Order or of regulations or orders made under it” in paragraph (d) there shall be substituted “the Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) Regulations (Northern Ireland) 2005”.

(3) Article 30 (analysis etc. of samples procured by authorised officer of a district council) shall apply for the purposes of these Regulations with the modification that in paragraph (1) for “An authorised officer of a district council who has procured a sample under Article 29 shall” there shall be substituted “An authorised officer of a district council who has procured a sample under Article 29 as applied for the purposes of the Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) Regulations (Northern Ireland) 2005 by regulation 5(2) thereof shall”.

(4) Where a sample procured under Article 29 of the Order as applied for the purposes of these Regulations by paragraph (2) has been analysed in accordance with the provisions of Article 30 of the Order as so applied by paragraph (3), the owner shall be entitled on request to be supplied with a copy of the certificate of analysis by the district council.

Destruction of illegal imports

6.—(1) If on an inspection or examination of any chilli, chilli products, curcuma or palm oil it appears to an authorised officer that they have been imported in contravention of regulation 3(1) he may after appropriate consultation with a person appearing to him to be the importer serve on that person a notice requiring the destruction of the chilli, chilli products, curcuma or palm oil within such reasonable period (not being less than 6 days, exclusive of Saturdays, Sundays and public holidays, from the date on which notice of the notice was served) as shall be so specified.

(2) The notice served under paragraph (1) shall state –

(a)the right of appeal to a court of summary jurisdiction; and

(b)the period within which such an appeal may be brought.

(3) The person appearing to be the importer of any chilli, chilli products, curcuma or palm oil in respect of which a notice has been served under paragraph (1) shall ensure that they are stored until destruction under the supervision of the authorised officer at such places and under such conditions as the authorised officer may in the notice direct.

(4) Any person who is aggrieved by a decision of an authorised officer to serve a notice under paragraph (1) may appeal to a court of summary jurisdiction, which shall determine whether the notice should be upheld or set aside.

(5) The period within which such an appeal as is mentioned in paragraph (4) may be brought shall be 6 days, exclusive of Saturdays, Sundays and public holidays, from the date on which notice of the decision was served on the person desiring to appeal.

(6) The procedure on an appeal to a court of summary jurisdiction under paragraph (4) shall be by way of notice under Part VII of the Magistrates' Courts (Northern Ireland) Order 1981(9).

(7) If the court allows an appeal brought under paragraph (4) the district council concerned shall compensate the owner of the chilli, chilli products, curcuma or palm oil concerned for any depreciation in their 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 paragraph (7) shall be determined by a single arbitrator appointed, failing agreement between the parties, by the Department; and the provisions of the Arbitration Act 1996(10) shall apply accordingly.

(9) Any person who breaches the terms of a notice served under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(10) The cost of storage of hot chilli and hot chilli products under this regulation shall be borne by the importer.

Revocation

7.  The Food (Hot Chilli and Hot Chilli Products) (Emergency Control) Regulations (Northern Ireland) 2003(11) and the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (Amendment) Regulations (Northern Ireland) 2004(12) are revoked.

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations implement the Commission Decision of 23rd May 2005 on emergency measures regarding chilli, chilli products, curcuma and palm oil. That Decision repeals Commission Decision 2004/92/EC on emergency measures regarding chilli and chilli products (O.J. No. L27, 30.1.2004, p. 52).

2.  The Regulations –

(a)subject to transitional provisions, prohibit the importation of “chilli”, “chilli products”, “curcuma” and “palm oil” (defined in regulation 2(1)) that are (in the case of the first three products named) intended for human consumption and (in the case of the final product named) intended for direct human consumption, except where they are accompanied by an original analytical report demonstrating that the product does not contain Sudan I (CAS Number 842–07–9), Sudan II (CAS Number 3118–97–6), Sudan III (CAS Number 85–86–9) or Scarlet Red or Sudan IV (CAS Number 85–83–6) (regulation 3);

(b)provide for their enforcement (regulation 4);

(c)apply with modifications certain provisions of the Food Safety (Northern Ireland) Order 1991 for the purposes of the Regulations and provide for sampling and analysis (regulation 5);

(d)provide for the destruction of illegal imports of chilli, chilli products, curcuma and palm oil (regulation 6); and

(e)revoke the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 362) and the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004 No. 26) (regulation 7).

3.  The CN codes referred to in the definitions of “chilli”, “chilli products”, “curcuma” and “palm oil” are the code numbers of the combined nomenclature established by Regulation 2658/87 on the tariff and statistical nomenclature and on the customs tariff (O.J. No. L256, 7.9.87, p. 1).