The Northern Ireland Poultry Health Assurance Scheme Order (Northern Ireland) 2011

Exports

4.—(1) A person shall not export to another Member State any hatching eggs, day-old chicks or poultry to which Article 6 of the Directive applies unless they originate from an establishment that—

(a) is a member of the monitoring scheme, known as the Northern Ireland Poultry Health Assurance Scheme, operated by the Department in accordance with this scheme; and

(b) conforms with the requirements of Annex II to the Directive,

and to do so is an offence under regulation 5(1) of the Trade in Animals and Related Products Regulations (Northern Ireland) 2011(1).

(2) An establishment to which paragraph (1)(a) applies is to be considered an approved establishment for the purpose of Article 6(a)(i) of the Directive.

(3) If the Department has reasonable cause to suspect that an establishment which has been withdrawn or suspended from the Scheme intends to export any hatching eggs, day-old chicks or poultry in contravention of paragraph (1), it may by notice served on the consignor, his representative or person appearing to be in charge of the hatching eggs, day-old chicks or poultry—

(a) prohibit that exportation of those hatching eggs, day-old chicks or poultry; and

(b) require that person immediately to detain them at such place as may be specified in the notice and to take such further action in relation to it as may be so specified.

(4) If any hatching eggs, day-old chicks or poultry have been exported to a Member State in contravention of paragraph (1) and returned to Northern Ireland (whether with the authorisation of the Department or not), the Department may by notice served on the person appearing to it to be in charge of the hatching eggs, day-old chicks or poultry, the consignor or his representative—

(a) prohibit the re-export of those hatching eggs, day-old chicks or poultry, whether to the same or another Member State; and

(b) require that person immediately to detain them at such place as may be specified in the notice and take such further action in relation to them as may be so specified.

(5) In the event of a notice served under paragraph (3) or (4) not being complied with, an inspector may seize or cause to be seized any hatching eggs, day-old chicks or poultry to which it relates and arrange for the requirements of the notice to be complied with.

(1)

S.R. 2011 No. 438