Regulation 2 Amendments to the Kava-kava in Food (England) Regulations 2002

immediately after the definition of “the Act”, there shall be inserted the following definitions —

• ““EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992^f2 as adjusted by the Protocol signed at Brussels on 17th March 1993^f3;

• “EEA State” means a State which is a Contracting Party to the EEA Agreement;”; and

immediately after the definition of “food authority”, there shall be inserted the following definition —

• ““free circulation in member States” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community;”.

for the words “No person shall” there shall be substituted the phrase “(1) Subject to paragraph (2), no person shall”; and

immediately after the existing text there shall be added the following paragraph —

“(2)

The prohibition imposed by paragraph (1) shall not apply where the food consisting of or containing Kava-kava is imported from an EEA State, if the food —

(a)

originates in an EEA State, or

(b)

originates outside the European Economic Area, but is in free circulation in member States,

and is being, or is to be, exported to an EEA State other than the United Kingdom.”.