The Food (Pistachios from Iran) (Emergency Control) Order 1997

• Citation: S.I. 1997/2238
• Sections: 4

Section 1 Title, commencement and interpretation

(1) This Order may be cited as the Food (Pistachios from Iran) (Emergency Control) Order 1997 and shall come into force on 16th September 1997.

(2) In this Order—

“ the Act ” means the Food Safety Act 1990;

“CN code number” means a code number of the combined nomenclature established by Council Regulation ( EEC ) No. 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff as amended on the date this Order is made ;

“food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);

“free circulation” shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community;

“pistachios” means pistachios falling within CN code 0802 50 00 and roasted pistachios falling within CN codes 2008 19 13 and 2008 19 93; and

“port health authority” includes a port local authority and a joint port local authority.

Section 2 Prohibition of import

(1) No person shall import into Great Britain any pistachios originating in or consigned from Iran.

(2) For the purposes of paragraph (1) of this article “import” does not include the bringing into Great Britain from another member State of the European Community of pistachios which are in free circulation in that member State.

Section 3 Enforcement

(1) It shall be the duty of each port health authority to enforce and execute this Order within its district.

(2) The enforcement and execution of this Order in relation to any place not situated in the district of a port health authority shall be the duty of any food authority for the area in which that place is situated.

(3) Each port health authority or food authority, as appropriate, shall give such assistance and information to the Minister as he may request for the purpose of his duties under section 13 of the Act.

Section 4 Application of various provisions of the Act

(1) The following provisions of the Act shall apply, subject to paragraph (2) 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).

(2) In section 44 of the Act the references to “food authority” shall be construed as including reference to a port health authority.