(1) This Order may be cited as the Food (Animal Products from Belgium) (Emergency Control) (England and Wales) Order 2000, shall come into force on 8th March 2000 and shall extend to England and Wales.
(2) In this Order—
“the Act” means the Food Safety Act 1990;
“the Commission Decision” means Commission Decision 1999/788/EC on protective measures with regard to contamination by dioxins of certain products of porcine and poultry origin intended for human or animal consumption as amended by Commission Decision 2000/150/EC;
“free circulation” shall be construed in accordance with Article 23.2 of the Treaty establishing the European Community;
“member State” means a member State of the European Community other than Belgium or the United Kingdom;
“port health authority” includes a port local authority and a joint port local authority; and
“relevant animal product” means an entity coming within any of the following descriptions—
(a) products of Belgian origin covered by Article 1.3 of the Commission Decision, and
(b) products which contain any of the products referred to in sub-paragraph (a) above,
but only includes food.
(3) Other expressions used both in this Order and in the Commission Decision have, in so far as the context admits, the same meaning in this Order as they bear in that Decision.
Specified date: 8 March 2000: see para (1) above.
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5Application and modification of various provisions of the Act
(1) Section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of this Order, subject to the following modifications—
(a) the references in subsections (1) and (2) to “food authority” shall be construed as including reference to a port health authority, the Minister of Agriculture, Fisheries and Food and the Secretary of State;
(b) subsections (1) and (2) shall extend to food which appears to an authorised officer to come within the definition of “relevant animal product”;
(c) subsections (3) to (8) thereof shall apply—
(i) to any food falling within sub-paragraph (b) above as it applies to food which appears to an authorised officer to fail to comply with food safety requirements or to be likely to cause food poisoning or any disease communicable to human beings, and
(ii) to any relevant animal product as if it were food which failed to comply with food safety requirements,
save that a justice of the peace shall decline to condemn food falling within sub-paragraph (b) above under subsection (6) thereof if and only if it is proved to him that it does not come within the definition of “relevant animal product”, or that it is to be returned to Belgium as specified in article 2(1)(c) hereof.
(2) The following provisions of the Act shall apply, subject to paragraph (3) below, for the purposes of this Order and any reference in those provisions to the Act shall be construed for the purposes of this Order as a reference to this Order—
(a) section 33 (obstruction etc of officers);
(b) section 35(1) (punishment of offences) in so far as it relates to offences under section 33 as applied by sub-paragraph (a) above; and
(c) section 44 (protection of officers acting in good faith).
(3) In section 44 of the Act the references to “food authority” shall be construed as including reference to a port health authority.
Specified date: 8 March 2000: see art 1(1).
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(This note is not part of the Order)
This Order, which applies to England and Wales, revokes, and re-enacts with certain changes, the Food (Animal Products from Belgium) (Emergency Control) (England and Wales) Order 1999 (SI 1999/3421) (“the revoked Order”) and implements in England and Wales, in relation to food, Commission Decision 2000/150/EC amending Decision 1999/788/EC on protective measures with regard to contamination by dioxins of certain products of porcine and poultry origin intended for human or animal consumption (OJ No L50, 23.2.2000, p 25).
This Order defines “relevant animal product” (article 1(2)), prohibits (with exceptions (article 2)) the carrying out of commercial operations relating to them (article 3), specifies the enforcement authorities (article 4) and applies with modifications provisions of the Food Safety Act 1990 (article 5).
This Order, by referring to Decision 1999/788/EC as amended, makes the following changes of substance—
(a) it narrows the coverage of the revoked Order in that, from the list of products subject to the controls contained in that Order and to be used for food, the following are removed, namely eggs, egg products, certain products containing eggs or egg products, rendered fats and processed animal proteins; and
(b) it reflects changes (consequential on the changes referred to in (a) above) to the certification requirements for the importation from Belgium of products remaining subject to controls and for the return to Belgium of those products.
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