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4.—(1) Parts 3 to 9 do not apply to products brought into Northern Ireland from a third country with the previous written authorisation of the Department as trade samples, for exhibition, or for particular studies or analyses.
(2) The Department’s authorisation shall be in writing, may be made subject to conditions, and may be amended, suspended or revoked in writing at any time.
(3) No person shall use a product to which the exemption in paragraph (1) applies for the purpose for which it has not been authorised, or contravene any condition referred to in paragraph (2) or contravene any other condition of the Department’s authorisation in relation to such a product.
(4) In the case of products brought for exhibition or studies and any quantities of products brought for analyses that remain following those analyses, the person who brought them shall redispatch them to a third country or dispose of them as if they were Category 1 material under Regulation (EC) No.1774/2002 in facilities provided for that purpose nearest to the location of the products, within six months of their introduction, unless the Department has specified a different time limit as a condition of the authorisation, in which case he shall redispatch or dispose of them before the expiry of that different time limit.
(5) Where an authorised officer considers that there has been a breach of paragraph (3)(a) or (4) in relation to a product, he shall by notice in writing served on the person appearing to him to have charge of that product, take charge of it and either—
(a)redispatch it, by the mode of transport by which it was first brought into the relevant territories, to a destination located in a third country, agreed with the owner, (in the circumstances described in regulation 24(1)(a), (b) and (c), or with the person responsible for the consignment, (in the circumstances described in regulation (1)(d)), within a period of 60 days commencing with the day following the service of the notice; or
(b)dispose of it as if it were Category 1 material under Regulation (EC) No. 1774/2002 in the facilities provided for that purpose nearest to the place at which the authorised officer or veterinary surgeon takes charge of it.
(6) Where an authorised officer considers that there has been a breach of paragraph (3)(b) in relation to a product, he may by notice in writing served on the person appearing to him to have charge of that product, take charge of it and take either of the steps specified in paragraph (5)(a) and (b).
(7) Part 3, with the exception of regulation 25, and Parts 4 to 9 shall not apply to––
(a)powdered infant milk, infant food, or special foods required for medical reasons containing meat, meat products, milk, or milk products brought into Northern Ireland from a third country if they —
(i)are carried in the personal luggage of a traveller and are intended for his personal use or consumption, or for the use or consumption of a member of his family taking into account the nature of the product and the quantity of it that could reasonably be consumed by an individual;
(ii)do not require refrigeration before opening;
(iii)are packaged proprietary brand products for direct sale to the final consumer; and
(iv)are contained in unbroken packaging, unless they are in current use;
(b)meat, meat products, milk and milk products from the Faeroe Islands, Greenland, the Republic of Iceland, Liechtenstein or Switzerland brought into Northern Ireland from a third country if they—
(i)are carried in the personal luggage of a traveller, or are sent by post or carrier (otherwise than by way of trade or as a trade sample) and are addressed to a private individual in Northern Ireland;
(ii)are intended for the personal use or consumption of the traveller or the addressee; and
(iii)their combined total weight in any traveller’s personal luggage or in any consignment sent by post or carrier to a private individual does not exceed five kilograms;
(c)products brought into Northern Ireland in the personal luggage of a traveller if they are intended for his personal consumption or which are sent by post or carrier (otherwise than by way of trade or as a trade sample) and addressed to a private individual in Northern Ireland if they are intended for his personal consumption, and if they—
(i)are not meat, meat products, milk or milk products;
(ii)do not exceed one kilogram in weight;
(iii)either come from a third country or part of a third country that appears on a list of third countries or parts of third countries established by an instrument listed in Schedule 1 from which importation of the products concerned is permitted;
(iv)do not come from a third country or part of a third country from which importation of the products concerned is prohibited by any instrument listed in Schedule 1.
(8) In this regulation “meat”, “meat products”, “milk” and “milk products” mean products of those types listed in sections 01 - 04 under the heading 1.2, Title I in the Annex to Commission Decision 2002/349/EC.
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