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Statutory Instruments of the Scottish Parliament


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URL: http://www.bailii.org/scot/legis/num_reg/2006/20060542.html

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SCOTTISH STATUTORY INSTRUMENTS


2006 No. 542

FOOD

The Rice Products (Restriction on First Placing on the Market) (Scotland) Regulations 2006

  Made 8th November 2006 
  Laid before the Scottish Parliament 9th November 2006 
  Coming into force 10th November 2006 

The Scottish Ministers in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:–

Citation, commencement and extent
     1. —(1) These Regulations may be cited as the Rice Products (Restriction on First Placing on the Market) (Scotland) Regulations 2006, and come into force on 10th November 2006.

    (2) These Regulations extend to Scotland only.

Interpretation
    
2. —(1) In these Regulations–

    (2) For the purposes of these Regulations any expression used both in these Regulations and in the Commission Decision has the meaning it bears in the Commission Decision.

Restriction on first placing on the market of rice products
     3. —(1) No person shall first place on the market any rice product unless–

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

Enforcement
    
4. —(1) Each local authority shall execute and enforce the Commission Decision and these Regulations within its area.

    (2) A local authority may authorise in writing any person (whether or not an officer of that authority) to act in matters arising under these Regulations.

    (3) An authorised officer shall have the same powers as an authorised officer of an enforcement authority under section 32 (powers of entry) of the Food Safety Act 1990;

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

Recovery of Costs
    
5. The costs mentioned in Article 5 of the Commission Decision shall be payable by the food business operator to the local authority and shall be recoverable by the local authority as a debt from the food business operator concerned.

Application of various provisions of the Food Safety Act 1990
    
6. —(1) The following provisions of the Food Safety Act 1990[8] shall apply for the purposes of these Regulations with the modification that any reference in those provisions to that Act or Part of it shall be construed as a reference to these Regulations–

    (2) For the purposes of these regulations the provisions mentioned in paragraph (1) shall apply to feed as they apply to food.


LEWIS MACDONALD
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
8th November 2006



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations implement in relation to Scotland Commission Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism "LL RICE 601" in rice products (O.J. No. L 244, 7.9.2006, p.37) as amended by Commission Decision 2006/754/EC amending Decision 2006/601/EC on emergency measures regarding the non-authorised genetically modified organism "LL RICE 601" in rice products (O.J. No. L 306, 7.11.2006, p.17) ("the Commission Decision").

These Regulations–

No regulatory impact assessment has been prepared in relation to these Regulations.


Notes:

[1] 1972 c.68.back

[2] 1994 c.39.back

[3] O.J. No. L 244, 7.9.06, p.27.back

[4] O.J. No. L 306, 7.11.06, p.17.back

[5] O.J. No. L 31, 1.2.02, p.1.back

[6] O.J. No. L 245, 29.9.03, p.4.back

[7] O.J. No. L 100, 8.4.06, p.3.back

[8] 1990 c.16.back

[9] Section 36A was inserted by the Food Standards Act 1999 (1999 c.28), Schedule 5, paragraph 16.back



ISBN 0 11 071168 8


 © Crown copyright 2006

Prepared 16 November 2006


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