The Trade in Animals and Related Products (Scotland) Regulations 2012

[F1 Action following non-compliance: animals S

21.— (1) If the checks at a border control post show that an animal does not comply with the rules referred to in Article 1(2) of the [F2 Official Controls Regulation] relating to that animal, or where such checks reveal an irregularity, the official veterinarian must initially place the animal under detention, isolation or quarantine, as appropriate, where it must be kept, cared for or treated under appropriate conditions pending further official decision on the fate of the animal.

(2) Unless immediate action is necessary in order to respond to a risk to human or animal health or animal welfare or to the environment, the official veterinarian may, after consultation with the importer or the importer’s representative, order the person responsible for the consignment—

(a) to shelter, feed and water and, if necessary, treat the animal;

(b) if necessary, to place it in quarantine or isolate it for so long as is necessary to ensure that there is no risk to human or animal health; or

(c) to re-dispatch the animal in accordance with Article 72 of the [F2 Official Controls Regulation] without delay.

(3) If re-dispatch is impossible, in particular for animal welfare reasons, the official veterinarian may order the importer or the importer’s representative to arrange of the slaughter of the animal to spare any unavoidable pain, distress or suffering.

(4) If an animal is seized outside a border control post, the enforcement authority must order the consignment to be retained or recalled, and placed under official detention without delay, and paragraphs (1) and (2) apply.

(5) The official veterinarian may exceptionally authorise partial destruction, re-dispatch, special treatment, or any other measure that may be taken in respect of consignment of animals to be taken in respect of a part of any such consignment, provided that such action—

(a) is such as to ensure compliance with the import check requirements of the [F2 Official Controls Regulation];

(b) does not pose a risk to human or animal health; and

(c) does not disrupt official control operations.

(6) The Scottish Ministers must consider any representations made within 24 hours of notification of the non-compliance by the person responsible for the consignments.

(7) The importer or the importer’s representative is liable for the costs incurred in carrying out any measure taken under paragraphs (2) to (5) but, in circumstances where an animal is slaughtered, is entitled to payment of a sum equal to the slaughter value of the animal after deduction of these costs.]

Textual Amendments

F1 Reg. 21 substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(20)

F2 Words in reg. 21 substituted (31.12.2020) by The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(18)