The Meat and Meat Products (Hormonal Substances) (Scotland) Regulations 1989

Competent authority’s powers

17.—(1) The competent authority may for the purpose of complying with any Community obligation in relation to any meat or meat product suspected by the competent authority of containing a residue of a hormonal substance exercise the powers specified in paragraph (2) below.

(2) The competent authority may direct an officer of such authority to procure samples of any meat or meat product and upon that direction—

(a) the officer shall have all the powers of an authorised officer to procure such samples and to submit them to an approved laboratory for primary analysis or reference analysis in accordance with these Regulations, and where those powers are exercised by that officer—

(i) regulations 7 and 8 shall apply to him as if he were an authorised officer and

(ii) regulation 11(1)(b) shall apply to him and the competent authority as if he were an authorised officer and it were a local authority, and

(b) in relation to any meat in a slaughterhouse, if the officer has reasonable grounds for suspecting that the sale of such meat would contravene regulation 3, he shall have the power specified in paragraph (3) below.

(3) The officer may give notice to the person in possession of the meat that until his investigations are completed—

(a) the meat, or any part of it specified in the notice, shall not be sold or used as an ingredient in the preparation of any meat product intended for sale for human or animal consumption, and

(b) either it is not to be removed, or it is not to be removed except to a place or for a purpose specified in the notice.

(4) No person shall sell, use or remove any meat in contravention of the requirements of a notice given under paragraph (3) above.

(5) A notice given under paragraph (3) above may at any time be withdrawn by a further notice in writing given by an officer of the competent authority to the person in possession of the meat in question and it shall be withdrawn if, as a result of his investigations, the officer is satisfied that the sale of that meat is not prohibited by regulation 3.

(6) An officer of a competent authority who submits to an approved laboratory a sample for a primary or reference analysis shall inform the analyst of that approved laboratory of the name and address of the owner of the meat or meat product in accordance with regulation 9.

(7) Where a primary analysis certificate or a primary analysis certificate and a reference analysis certificate have been issued in relation to a sample submitted for analysis by an officer of a competent authority, that competent authority shall—

(a) notify the local authority of the action taken by the competent authority, and

(b) forward to the local authority the certificate or certificates of analysis issued by the analyst.

(8) On receiving a notification and a certificate or certificates of analysis in accordance with paragraph (7) above, the local authority shall have the like duty to take action as if one of its authorised officers had procured the sample and sent it to be analysed for the purpose of ascertaining whether any offence under these Regulations has been committed.

(9) If, upon consideration of any certificate or certificates of analysis forwarded by a competent authority in accordance with paragraph (7) above, an authorised officer is satisfied that the sale of the meat in question, or any portion of it, would be prohibited by regulation 3, he may deal with it as food falling within section 9(1) of the Food and Drugs (Scotland) Act (under which food unfit for human consumption may be seized).

(10) Section 9(2) and (3) of the Food and Drugs (Scotland) Act (under which food unfit for human consumption may be condemned) shall apply to any meat dealt with in accordance with paragraph (9) above as if food unfit for human consumption included any meat the sale of which is prohibited by regulation 3.

(11) If a justice of the peace before whom any meat is brought pursuant to any action taken under paragraph (9) above refuses to condemn such meat, the competent authority who made the notification to the local authority in accordance with paragraph (7) above shall compensate the owner of the meat for any depreciation in its value resulting from the action taken by an authorised officer.