European Communities (Emergency Measures Regarding Chilli and Chilli Products) Regulations 2004
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Emergency Measures regarding Chilli and Chilli Products) Regulations 2004.
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paragraphs: (1) In these Regulations:
“Act of 1998” means the Food Safety Authority of Ireland Act 1998 (No. 29 of 1998);
“approved examiner” in these Regulations means—
(a) the Public Analyst,
(b) a Deputy Public Analyst, or
(c) an Executive Analytical Chemist,
located at an official laboratory;
“authorised officer” means an authorised officer appointed under section 49 of the Act of 1998;
“Authority” means the Food Safety Authority of Ireland, established under section 9 of the Act of 1998;
“chilli and/or chilli products” means:
(a) fruits of the genus Capsicum, dried and crushed or ground within CN Code 0904 20 90, in whatever form, intended for human consumption, and/or
(b) curry powder within CN code 0910 50, in whatever form, intended for human consumption;
“Decision” means Commission Decision 2004/92/EC2 of 21 January 2004, on emergency measures regarding chilli and chilli products;
“foodstuff” means any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans. ‘Foodstuff’ includes drink, chewing gum and any substance, including water, intentionally incorporated into the food during its manufacture, preparation or treatment. It includes water after the point of compliance as defined in Article 6 of Directive 98/83/EC3 and without prejudice to the requirements of Directives 80/778/EEC4 and 98/83/EC5 ;
“foodstuff” shall not include—
(a) feed,
(b) live animals unless they are prepared for placing on the market for human consumption,
(c) plants prior to harvesting,
(d) medicinal products within the meaning of Council Directives 65/65/EEC6 and 92/73/EEC7 ,
(e) cosmetics within the meaning of Council Directive 76/768/EEC8 ,
(f) tobacco and tobacco products within the meaning of Council Directive 89/622/EEC9 ,
(g) narcotic or psychotropic substances within the meaning of the United Nations Single Convention on Narcotic Drugs, 1961, and the United Nations Convention on Psychotropic Substances, 1971, or
(h) residues and contaminants;
“import” means importation from a country other than a Member State;
“Members State” means a Member State of the European Community and shall be construed as including reference to those States that are Contracting Parties to the EEA Agreement;
“official agency” means an official agency carrying out functions under a service contract and acting on behalf of the Authority pursuant to section 48 of the Act of 1998;
“official laboratory” in these Regulations means—
(a) the Public Analyst's Laboratory, Cork,
(b) the Public Analyst's Laboratory, Dublin, or
(c) the Public Analyst's Laboratory, Galway;
“place on the market” means—
(a) sell,
(b) offer or expose for sale,
(c) invite the making by a person of an offer to purchase,
(d) distribute free of charge, or
(e) supply for any of those purposes (whether or not for profit)
and cognate words shall be construed accordingly;
“service contract” means a contract entered into between the Authority and an official agency pursuant to section 48 of the Act of 1998.
(2) A word or expression which is used in these Regulations and which is also used in the Decision has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Decision.
(3) (a) A reference in these Regulations to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended.
(b) A reference in these Regulations to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.