Title and commencement

1. These Regulations may be cited as the Food (Brazil Nuts) (Emergency Control) (England) (Amendment) Regulations 2003 and shall come into force on 25th November 2003.

Amendments to the Food (Brazil Nuts) (Emergency Control) (England) Regulations 2003

2. —(1) The Food (Brazil Nuts) (Emergency Control) (England) Regulations 2003( 3 ) shall be amended in accordance with paragraph (2).

(2) For paragraphs (1) to (3) of regulation 6 (re-dispatch or destruction of illegal imports) there shall be substituted the following paragraphs —

“ (1) If on sampling or analysis of any Brazil nuts it appears to an authorised officer of a port health authority or as the case may be food authority that they do not comply with the maximum levels for aflatoxin B1 and aflatoxin total established by Commission Regulation ( EC ) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs ( 4 ) he may after appropriate consultation with a person appearing to him to be the importer serve on that person a notice ordering —

(a) the re-dispatch of the Brazil nuts to the country of origin within such reasonable period as shall be specified in the notice, but only if the conditions specified in points (a) to (c) of Article 6 of the Commission Decision are complied with; or

(b) (where those conditions are not complied with) the destruction of the Brazil nuts within such reasonable period as shall be so specified.

(2) The notice served under paragraph (1) shall state —

(a) the right of appeal to a magistrates' court; and

(b) the period within which such an appeal may be brought.

(3) Any person who is aggrieved by a decision of an authorised officer to serve a notice under paragraph (1) may appeal to a magistrates' court, which shall determine whether the notice should be upheld or set aside. ” .