2.—(1) In these Regulations—
“the Act” means the Food Safety Act 1990(1) and, save where the context otherwise requires and subject to paragraph (2), any expression used both in these Regulations and in the Act has the meaning it bears in the Act;
“the Commission Decision” means Commission Decision 2002/79/EC imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China(2) as amended by Commission Decision 2002/233/EC(3) and Commission Decision 2002/678/EC(4) ;
“Chinese peanuts” means—
peanuts falling within CN code 1202 10 90 or within CN code 1202 20 00;
roasted peanuts falling within CN code 2008 11 92 (in immediate packs of a net content exceeding 1 kg) or roasted peanuts falling within CN code 2008 11 96 (in immediate packs of a net content not exceeding 1 kg); and
peanuts falling within CN code 2008 11 94 (in immediate packs of a net content exceeding l kg) or peanuts falling within CN code 2008 11 98 (in immediate packs of a net content not exceeding 1 kg),
originating in, or consigned from, China;
“controlled Chinese peanuts” means Chinese peanuts which are intended for human consumption or to be used as an ingredient in foodstuffs;
“Directive 98/53/EC” means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs(5) as amended by Commission Decision 2002/27/EC(6);
“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple) nor 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; and
“port health authority” means—
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984(7) by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
(2) Any term used in the definition of “Chinese peanuts” or “controlled Chinese peanuts” in paragraph (1) has the same meaning as in the Commission Decision.
OJ No. L34, 5.2.2002, p. 21.
OJ No. L78, 21.3.2002, p. 14.
OJ No. L229, 27.8.2002, p. 33.
OJ No. L201, 17.7.1998, p. 93.
OJ No. L75, 16.3.2002, p. 44.