European Union (Temporary Suspension of Imports from Bangladesh of Foodstuffs Containing or Consisting of Betel Leaves) Regulations 2016.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Union (Temporary Suspension of Imports from Bangladesh of Foodstuffs Containing or Consisting of Betel Leaves) Regulations 2016.
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paragraphs: These Regulations cease to have effect on 30 June 2018.
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paragraphs: In these Regulations—
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paragraphs: These Regulations shall be deemed to be food legislation for the purposes of the Act of 1998.
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paragraphs: A person shall not import a consignment into the State.
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paragraphs: (1) The Authority and the official agency shall set and charge fees to cover the costs incurred in enforcing these Regulations.
(2) The consignee responsible for the particular consignment, or his or her agent, shall pay the fees set and charged pursuant to paragraph (1).
(3) A fee payable pursuant to this Regulation may be recovered by the Authority or the official agency from the person by whom it is payable as a simple contract debt in a court of competent jurisdiction.
(4) Moneys received under this Regulation shall be paid into, or disposed of for the benefit of, the Exchequer in accordance with the directions of the Minister for Finance.
(5) The Public Offices Fees Act 1879 (42 & 43 Vict. Cap 58) does not apply to a fee charged pursuant to this Regulation.
(6) The Authority or the official agency, as the case may be, may order that a consignment be destroyed, or otherwise disposed of, where a person has failed to pay a fee charged pursuant to this Regulation in relation to said consignment and the Authority or official agency forms the view that the consignment has been abandoned.
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paragraphs: In the course of his or her duties, an authorised officer may require a person to state his or her name and address and, if the authorised officer thinks it necessary, to produce corroborative evidence of same.
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paragraphs: (1) The offences provided for in these Regulations shall not apply to an authorised officer or to a person acting under such an officer’s express direction, acting in the course of his or her duties pursuant to these Regulations.
(2) A person is guilty of an offence if he or she, by act or omission—
(a) obstructs or interferes with an authorised officer in the exercise of the officer’s powers under these Regulations,
(b) fails or refuses to state his or her name or address in compliance with a request under these Regulations,
(c) fails to comply with a request or notice from an authorised officer under these Regulations,
(d) makes a statement to an authorised officer which the person knows is false or misleading,
(e) gives, in purported compliance with a request under these Regulations, a name, an address or corroborative evidence which is false or misleading,
(f) falsely represents himself or herself to be an authorised officer,
(g) imports a consignment contrary to Regulation 5,
(h) fails to pay a fee payable pursuant to Regulation 6, or
(i) has in his or her possession, without lawful authority, a forged document or an altered document, knowing it to be a forged or altered document as the case may be.
(3) Where a body corporate, or a person acting on behalf of a body corporate, commits an offence under these Regulations and the offence is committed with the consent, connivance or approval of, or is attributable to any neglect or default on the part of, any director, manager, secretary or any other officer of such body, or a person purporting to act in any such capacity, such person is also guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(4) For the purposes of these Regulations, every contravention of a provision of these Regulations shall be deemed a separate contravention and every contravention of a paragraph or a subparagraph of such provision shall also be deemed to be a separate contravention and shall carry the same penalty as for a single contravention of any such provision.
(5) A person who is guilty of an offence under these Regulations is liable—
(a) on summary conviction, to a class A fine or, at the discretion of the court, to imprisonment for a term not exceeding 6 months, or both, or,
(b) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 3 years, or both.
(6) Where a person is convicted of an offence under these Regulations, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Authority or the official agency, as the case may be, the costs and expenses, measured by the court, incurred by the Authority or official agency in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisors engaged by the Authority or official agency.
(7) An order for costs and expenses under paragraph (6) is in addition to, and not instead of, any fine or penalty the court may impose under paragraph (5).
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paragraphs: Notwithstanding section 57 of the Act of 1998, a summary offence under these Regulations may be prosecuted by:
(a) the Authority, or
(b) the official agency.