Appendix 6 S.I. 2004/142: memorandum from
the Food Standards Agency
Food (Hot Chilli and Hot Chilli Products) (Emergency
Control) (England) (Amendment) Regulations 2004 (S.I. 2004/142)
1. These Regulations were made 26th January 2004,
laid before Parliament on that day and come into force on 27th
January 2004. They therefore breach the 21-day rule. This Memorandum
explains the reason for the breach, which the Food Standards Agency
considers to be necessary in the circumstances.
2. These Regulations are made under section 2(2)
of the European Communities Act 1972 and amend the Food (Hot Chilli
and Hot Chilli Products) (Emergency Control) (England) Regulations
2003 (S.I. 2003/1940), which implemented Commission Decision
2003/460/EC on emergency measures regarding hot chilli and hot
chilli products (OJ No. L154, 21.6.2003, p.114) as corrected
by a corrigendum published on 25th July 2003 (OJ No. L186,
25.7.2003, p.47).
3. These Regulations implement the Commission Decision
of 21st January 2004 on emergency measures regarding chilli
and chilli products which repealed and replaced Commission Decision
2003/460/EC.
4. The Decision of 21st January 2004 was adopted
on 21st January 2004 and notified to member States on 23rd January
2004. It has not yet been published in the Official Journal.
5. The Decision of 21st January 2004 maintains and
extends the measures established by Commission Decision 2003/460/EC.
In particular, consignments of chilli and chilli products imported
into the Community in whatever form and intended for human
consumption now have to be accompanied by an analytical report
demonstrating that the consignment does not contain any of the
carcinogenic dyestuffs Sudan I, Sudan II, Sudan III or Scarlet
red (Sudan IV).
6. Implementation of the Decision of 21st January
2004 requires these Regulations to be brought into force as soon
as possible.
26 January 2004
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