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

(1)

The Kava-kava in Food (Scotland) Regulations 2002^f1 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 2 (interpretation) after the definition of “the Act”, insert–

““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

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

(3)

In regulation 3 (prohibition on sale etc. of food consisting of or containing Kava-kava)–

(a)

at the beginning insert “(1) Subject to paragraph (2),”; and

(b)

at the end insert–

“(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 a member State,

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

Annotations

Footnotes

f1: S.S.I. 2002/523.
f2: O.J. No. L 1, 3.1.94, p.1.
f3: O.J. No. L 1, 3.1.94, p.571.