Explanatory note

These Regulations amend the Food (Brazil Nuts) (Emergency Control) (England) Regulations 2003 (S.I. 2003/1722).

They bring the rules governing the re-dispatch of consignments of Brazil nuts which are found to have excessive levels of aflatoxin B1 and aflatoxin total into line with the requirements of Article 6 of Commission Decision 2003/493/EC imposing special conditions on the import of Brazil nuts in shell originating in or consigned from Brazil (OJ No. L168, 5.7.2003, p.33) (regulation 2(2)).

These Regulations remove unnecessary wording from the provision in S.I. 2003/1722 (regulation 6(2)) which provides that a notice ordering the re-dispatch or destruction of illegal imports of Brazil nuts has to contain information about the right of appeal (regulation 2(2)).

These Regulations also revise regulation 6(3) of S.I. 2003/1722 to clarify that on an appeal to a magistrates' court against a notice ordering the re-dispatch or destruction of illegal imports of Brazil nuts the court must uphold the notice or set it aside (regulation 2(2)).

No regulatory impact assessment has been prepared in relation to these Regulations.