Kava-kava in Food Regulations (Northern Ireland) 2003

Made: 8th January 2003

Coming into operation: 24th February 2003

The Department of Health, Social Services and Public Safety[^f00001] in exercise of the powers conferred on it by Articles 15(1)(a), (e) and (f), 25(1) and (3), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991[^f00002] and of all other powers enabling it in that behalf, having had regard in accordance with Article 47(3A) of the said Order to relevant advice given by the Food Standards Agency and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council[^f00003] and in accordance with Article 47(3) and (3B) of the said Order, hereby makes the following Regulations:–

Citation and commencement

1

These Regulations may be cited as the Kava-kava in Food Regulations (Northern Ireland) 2003 and shall come into operation on 24th February 2003.

Interpretation

2

In these Regulations–

• “Kava-kava” means a plant, or any part of or an extract from a plant, belonging to the species Piper methysticum;

• “the Order” means the Food Safety (Northern Ireland) Order 1991.

Prohibition on sale etc. of food consisting of or containing Kava-kava

3

No person shall–

• (a) sell, or

• (b) possess for sale or offer, expose or advertise for sale, or

• (c) import from a country outside the United Kingdom,

any food consisting of or containing Kava-kava.

Penalty and enforcement

4

• (1) Any person who contravenes regulation 3 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (2) Each district council shall enforce and execute these Regulations within its district.

Application of various provisions of the Order

5

• (1) The following provisions of the Order shall apply for the purposes of these Regulations and any reference in them to the Order shall be construed as a reference to these Regulations–

• (a) Articles 2(4) and 3 (extended meaning of “sale” etc.);

• (b) Article 4 (presumptions that food intended for human consumption);

• (c) Article 19 (offences due to fault of another person);

• (d) Article 20 (defence of due diligence) as it applies for the purposes of Articles 7, 13 or 14;

• (e) Article 21 (defence of publication in the course of business);

• (f) Article 30(8) (which relates to documentary evidence);

• (g) Article 34 (obstruction, etc., of officers);

• (h) Article 36 (punishment of offences) in so far as it relates to offences under Article 34(1) and (2) as applied by sub-paragraph (h).

• (2) Article 7(2) of the Order (which makes presumptions in the case of batches etc. of food) shall apply to food which it is an offence to sell under these Regulations as it applies to food which fails to comply with food safety requirements.

• (3) Article 8 of the Order (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if food which it were an offence to sell under them were food which failed to comply with food safety requirements.

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 8th January 2003.

D. Kenny — A Senior Officer of the — Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Regulations.)

These Regulations prohibit the sale, possession for sale, offer, exposure or advertisement for sale, and the importation from outside the United Kingdom, of any food consisting of, or containing, Kava-kava (being a plant or part of a plant, or an extract from such a plant, belonging to the species Piper methysticum) (regulation 3). Any such food may be treated as being unfit for human consumption and liable to be seized and destroyed (regulation 5(3)).

These Regulations were notified in draft to the European Commission in accordance with Article 8 of the European Parliament and Council Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (O.J. No. L204, 21.7.1998, p. 37), as amended by the European Parliament and Council Directive 98/48/EC (O.J. No. L217, 5.8.1998, p. 18).

Footnotes

[^f00001]: Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I. 1), Article 3

[^f00002]: S.I. 1991/762 (N.I. 7) as amended by S.I. 1996 /1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28

[^f00003]: O.J. No. L31, 1.2.2002, p.1; laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety