Joint Committee on Statutory Instruments Eighth Report


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implement the Commission Decision of 21st January 2004 on emergency measures regarding chilli and chilli products which repealed and replaced Commission Decision 2003/460/EC.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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