The Imported Food (Safeguards against Paralytic Toxin) (Pectinidae from Japan) Regulations 1992

• Citation: S.I. 1992/1122
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Imported Food (Safeguards against Paralytic Toxin) (Pectinidae from Japan) Regulations 1992 and shall come into force on 29th May 1992.

(2) In these Regulations—

“the Act” means the Food Safety Act 1990; and

“relevant bivalve mollusc” means a bivalve mollusc of the pectinidae family which has been—

harvested in Japan;

landed in Japan;

subjected to any process or preparation in Japan; or

consigned from Japan by way of export.

Section 2 Prohibition of imports of relevant bivalve molluscs

No person shall import into Great Britain any food or food source comprising or containing a relevant bivalve mollusc or any food comprising or containing anything derived from a relevant bivalve mollusc by means of any process or preparation.

Section 3 Offences

Any person who contravenes regulation 2 of these Regulations shall be guilty of an offence, triable only summarily, and liable on conviction to imprisonment for a period 5 on the standard scale, or to both.

Section 4 Application of provisions of the Food Safety Act 1990

The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 and 15 of the Act and, unless the context otherwise requires, a reference in them to the Act shall be construed as including a reference to these Regulations:

section 20 (offences due to fault of another person);

subsections (1), (5) and (6) of section 21 (defence of due diligence);

section 30(8) (which relates to documentary evidence);

section 33 (obstruction etc. of officers); and

section 36 (offences by bodies corporate).

Section 5 Enforcement and execution

(1) Subject to paragraph (2) of this regulation, these Regulations shall be enforced and executed—

(a) as respects each London borough or district in England and Wales, by the council of that borough or district;

(b) as respects the City of London (including the Temples), by the Common Council; and

(c) as respects each islands area or district in Scotland, by the islands or district council.

(2) Where any functions are assigned—

(a) by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 to a port health authority; or

(b) by an order under section 172 of the Public Health (Scotland) Act 1897 to a port local authority;

these Regulations shall be enforced by that authority within its area and not by the authority mentioned in paragraph (1).