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The Food (Star Anise from Third Countries) (Emergency Control) (Scotland) Revocation Order 2003

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Scottish Statutory Instruments

2003 No. 437

FOOD

The Food (Star Anise from Third Countries) (Emergency Control) (Scotland) Revocation Order 2003

Made

17th September 2003

Laid before the Scottish Parliament

18th September 2003

Coming into force

9th October 2003

Whereas it appears to the Scottish Ministers that the import of certain star anise originating in, or consigned from, third countries no longer involves imminent risk of injury to health, they, in exercise of the powers conferred by sections 13(1) and 48(1) of the Food Safety Act 1990(1), and of all other powers enabling them in that behalf, having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Food (Star Anise from Third Countries) (Emergency Control) (Scotland) Revocation Order 2003 and shall come into force on 9th October 2003.

Revocation

2.  The Food (Star Anise from Third Countries) (Emergency Control) (Scotland) Order 2002(2) is hereby revoked.

TOM McCABE

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

17th September 2003

Explanatory Note

(This note is not part of the Order)

This Order revokes the Food (Star Anise from Third Countries) (Emergency Control) (Scotland) Order 2002 (S.S.I. 2002/64), which prohibited the import of star anise and Japanese star anise into Scotland unless certain conditions were complied with. That Order implemented Commission Decision 2002/75/EC laying down special conditions on the import from third countries of star anise (O.J. No. L 33, 2.2.02, p.31).

The Commission concluded that the conditions attaching to the import of star anise under Commission Decision 2002/75/EC are no longer justified and that Decision was repealed by Commission Decision 2003/602/EC (O.J. No. L 204, 13.8.03, p.60). This Order implements Commission Decision 2003/602/EC.

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

(1)

1990 c. 16; sections 13(1) and 48(1) were amended by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), Schedule 5, paragraph 8. Amendments made by Schedule 5 to the 1999 Act which extend to Scotland shall be taken as pre commencement enactments for the purposes of the Scotland Act 1998 (c. 46) (“the 1998 Act”) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

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