The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019

“border control post” means a place, together with the facilities contained at that place, which has been designated by the Department in accordance with Article 59 and listed by the European Commission in accordance with Article 60 for the performance of the official controls set out in Article 47(1) of the Regulation (EU) 2017/625;

b

any border control post within the meaning of, and for so long as it remains approved for the purposes of, regulation 11 of the Trade in Animals and Related Products Regulations (Northern Ireland) 2011.

“pet animal” has the same meaning as in Article 4(11) of Regulation (EU) 2016/429 on transmissible animal diseases;

Meaning and use of Common Health Entry Document “CHED”10

1

A “Common Health Entry Document” (“CHED”) means a document or an electronic equivalent in the format specified in Commission Implementing Regulation (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components.

2

Where the imported consignment is required to be accompanied by a CHED to the premises of final destination, the operator responsible for the consignment must complete the relevant parts of the document prior to the physical arrival of the consignment.

3

The cases where and conditions under which the use of a CHED is required are specified in Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination.

4

Where a CHED is required the operator responsible for the consignment must comply with the provisions of Article 56 of the EU Regulation.

5

An electronic equivalent refers to a CHED capable of being produced at any time by the person responsible for the consignment.

Border Control Posts11

1

A border control post is a place, together with the facilities contained at that place, that has been designated by the Department in accordance with Article 59 and listed by the European Commission in accordance with Article 60 for the performance of the official controls set out in Article 47(1) of the EU Regulation.

2

If at any time the relevant authority is of the opinion that any part of the inspection facilities at the border control post no longer complies with the requirements for approval, the relevant authority may, in accordance with Articles 61 to 63 of the EU Regulation, serve a notice on the operator—

a

specifying the breach;

b

providing a time limit within which the conditions must be complied with; and

c

prohibiting the use of that part of the facilities until the conditions of the approval are complied with.

3

If the notice is not complied with, the Department may suspend the approval in relation to that part of the inspection facilities.

4

If the operator of a border control post is determined by the relevant authority to be in serious breach of the requirements relating to the performance of official controls for any of the categories of animal or product for which it has been designated, or the conditions of the approval, or if the operation of the border control post creates a risk to human or animal health or animal welfare, the Department must suspend the approval of the border control post and order its activities to cease for all, or specified categories of animal or product, and must inform the Commission of the suspension and the reason.

5

In this regulation, “the relevant authority” means—

a

in relation to animals and genetic material, the Department; or

b

in relation to products, the Department or the district council as the case may be.

15

1

 When the consignment has been unloaded, the person responsible for the consignment must with reasonable expedition arrange for it, together with the documentation specified for that consignment in the relevant legislation listed in Schedule 2, to be presented at the border control post inspection facilities to enable official controls in accordance with—

a

Chapter 5 of the EU Regulation, together with relevant implementing and delegated acts, and

b

the checks required by Article 37(1) of Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof.

2

Any operator responsible for the consignment must ensure that the consignment is presented for official controls at the border control post at a reasonable time during the working day.

3

The competent authority must carry out all necessary official controls specified in paragraph (1) and may only issue CHED permitting entry if—

a

the consignment complies with the requirements relating to it in the relevant instrument listed in Schedule 2;

b

the importation is not prohibited under paragraph (4); and

c

the correct fee for the checks has been or will be paid.

4

In the case of live animals, the official veterinary surgeon must not issue a CHED permitting entry if—

a

the animals are from a territory or part of a territory of a third country not included in the lists drawn up in accordance with legislation of the European Union for the species concerned or from which imports are prohibited under that legislation;

b

the animals are suffering from or are suspected to be suffering from or infected by a contagious disease or a disease presenting a risk to human or animal health;

c

the exporting third country has not complied with the requirements provided for in legislation of the European Union;

d

the animals are not in a fit state to continue their journey; or

e

the veterinary certificate or document accompanying the animals does not meet the requirements of legislation of the European Union relating to importation.

5

If there are no legislative requirements relating to the consignment, the official veterinary surgeon must not issue a CHED unless the importation has been authorised in writing under this paragraph by—

a

the Food Standards Agency for any product for which only public health requirements apply; or

b

the Department for any other product.

6

An authorisation under paragraph (5)(a) may only be granted if the Agency is satisfied that the consignment does not pose a risk to human health.

7

An authorisation under paragraph (5)(b) may only be granted if the Department is satisfied that the consignment does not pose a risk to the animal health status of the United Kingdom.

8

The official veterinary surgeon must retain evidence of authorisation or refusal of a consignment for a period of three years from the date of the importation.

Removal from the border control post16

1

No person may remove a consignment from the border control post unless it is accompanied by a CHED issued by the official veterinary surgeon or the authorised officer (as appropriate) in the case of a consignment of fish and the movement is in accordance with that document.

2

The person transporting it from the border control post must ensure that the document accompanies the consignment and must transport it directly to the destination specified therein.

3

These requirements do not apply if the consignment is removed from the border control post under the authority of the relevant official veterinary surgeon or the authorised officer (as appropriate).

4

In the case of live animals, the person responsible for the transport to the final destination must be in possession of the appropriate transport authorisation in accordance with Article 4 of Council Regulation (EC) 1/2005 on the protection of animals during transport and related operations inside the vehicle.

5

In this regulation, requirements for a consignment to be “accompanied by a CHED” (and cognate expressions), in relation to a CHED in electronic form, refer to the CHED being capable of being produced at any time by the person responsible for the consignment.

Supervision and monitoring consignments17

Where a consignment is required to be taken under supervision from a border control post to a specific destination in the United Kingdom or a member State—

a

the movement must be under customs supervision if it is specified in the CHED; and

b

on arrival, the occupier of the destination premises must immediately notify the Department and district council of its arrival.

b

removed from a border control post without a CHED or the authority of the official veterinary surgeon or the authorised officer (as the case may be) at the post; or

c

transported from the border control post to a destination other than that specified in the entry document.

20

1

This regulation applies to any consignment of a product if the checks at a border control post show that the consignment does not comply with the rules referred to in Article 1(2) of the EU Regulation.

2

The official veterinary surgeon or the authorised officer (as appropriate) must, after consultation with the importer or importer's representative, place the consignment under detention and refuse its entry into the United Kingdom.

3

The official veterinary surgeon or the authorised officer (as appropriate) may order the person responsible for the consignment—

a

to subject the consignment to special treatment in accordance with Article 71(1) and (2) or to any other measure necessary to ensure compliance with the rules referred to in Article 1(2) of the EU Regulation and, where appropriate and provided there is no risk to human or animal health, allocate the consignment for purposes other than those for which it was originally intended;

b

where health conditions permit, to require the person in charge of the consignment to re-dispatch the product in accordance with Article 72 of the EU Regulation from the same border control post to a destination outside the European Union agreed with the person responsible for the consignment, using the same means of transport, within a maximum time limit of 60 days from arrival at the border control post; or

c

if the person responsible for the consignment gives immediate agreement, re-dispatch is impossible or the 60-day time limit has elapsed, to destroy the products.

4

The official veterinary surgeon or the authorised officer (as appropriate) may exceptionally authorise destruction, re-dispatch, special treatment, or any other measure that may be taken in respect of a consignment to be taken in respect of a part of the consignment only, provided that the action taken—

a

is such as to ensure compliance;

b

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

c

does not disrupt official control operations.

5

Pending re-dispatch or confirmation of the reasons for rejection, the person responsible for the consignment must, at that person's own expense, store the consignment under the supervision of the enforcement authority.

6

If a consignment of products seized at a place other than a border control post under regulation 19, the enforcement authority must order that such consignment be retained or recalled, and placed under official detention without delay, and paragraphs (2) and (3) of this regulation apply.

7

The importer or the importer's representative is liable for the costs incurred in any measures taken under paragraphs (2) to (6), but is entitled to payment of a sum equal to the value of the product after deduction of these costs.

8

The importer or the importer's representative may immediately, within one working day after notification of the non-compliance, make written representations to the Department regarding any decision taken under this regulation, and any such representations must be considered and a written response must be given by the Department within one working day of receiving such representations.

21

If the official controls at the border control post indicate that the consignment is likely to constitute a danger to animal or human health, the official veterinary surgeon or the authorised officer (as the case may be) must immediately place the consignment under official detention and order that the person responsible for the consignment destroy it or arrange special treatment in accordance with Article 71 of the EU Regulation at that person's expense.

22

1

If the official veterinary surgeon or the authorised officer (as appropriate) suspects that products entering the United Kingdom from a particular third country, part of a third country or establishment in a third country have been the subject of serious contraventions of any import requirement, or contraventions that form part of a series, or where those checks reveal that maximum residue levels have been exceeded, this regulation applies to the next ten consignments or a net weight of 300 tonnes, whichever is the lowest, imported from that third country, or (as the case may be) the particular part of a third country or establishment to which the suspicion relates.

2

If the official veterinary surgeon or the authorised officer (as appropriate) has reason to suspect fraudulent or deceptive practices by an operator responsible for a consignment the Department may apply intensified official controls.

3

The official veterinary surgeon or the authorised officer (as appropriate) must carry out a physical check on the suspected non-compliant consignment and take appropriate measures in accordance with Section 3 of Chapter 5 of Title II.

4

The person responsible for the consignment must lodge with the official veterinary surgeon a deposit or guarantee sufficient to assure payment of all charges, including the taking of samples, and tests or analysis.

23

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 EU Regulation relating to that animal, or where such checks reveal an irregularity, the official veterinary surgeon 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 veterinary surgeon 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 EU Regulation without delay.

3

If re-dispatch is impossible, in particular for welfare reasons, the official veterinary surgeon may order the importer or the importer's representative to arrange for the slaughter of the animal to spare any avoidable pain, distress or suffering.

4

If an animal is seized under regulation 19 at a place other than 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) shall apply.

5

The official veterinary surgeon may exceptionally authorise partial destruction, re-dispatch, special treatment, or any other measure that may be taken in respect of a 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 EU Regulation and any relevant Implementing Regulations and Delegated Regulations made under it;

b

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

c

does not disrupt official control operations.

6

The importer or the importer's representative is liable for the costs incurred in these measures but is entitled to payment of a sum equal to the slaughter value of the animal after deduction of these costs.

29

1

 Where the Department or the Agency—

a

has reasonable grounds for suspecting the existence of a disease, zoonosis, phenomenon or circumstance in a country outside the United Kingdom such that animals or products originating from the whole or part of the country concerned are liable to pose risk to human or animal health; or

b

is of the opinion that there is serious non-compliance with official control rules under the EU Regulation in relation to imports from the European Union, or equivalent official controls rules in countries other than a member State;

the Department or the Agency may publish a written declaration of the special measures necessary in Northern Ireland in order to contain the risk to human or animal health or the risk of non-compliant animals or products entering into the United Kingdom.

2

The special measures that the Department or the Agency may require include—

a

suspension of entry into Northern Ireland of any animal or product originating in or dispatched from the whole or part of the country concerned;

b

imposition of conditions requiring that any animal or products—

i

prior to dispatch, or on arrival, are made the subject of specific treatment or controls;

ii

be accompanied by an official certificate, an official attestation, or any other evidence (in any format that may be specified) that any import from the European Union complies with established official control rules under the EU Regulation and any relevant Implementing Regulations and Delegated Regulations made under it or equivalent rules in other countries;

c

such other measures that the Department or the Agency considers necessary to contain the risk.

3

The declaration must be published in such a manner as the Department or the Agency (as the case may be) thinks fit and may be amended or revoked by further declaration at any time.

4

No person may import anything in breach of any measures mentioned in any such declaration.

33

1

 An authorised officer may at any reasonable hour during normal working hours without prior notice enter any premises (except any premises used wholly or mainly as a private dwelling) if the officer believes that it is necessary to enter for the purpose of enforcing these Regulations.

2

An authorised officer must, if requested to do so, produce a duly authenticated authorisation document.

3

A Lay Magistrate may sign a warrant to permit an authorised officer to enter any premises, including a dwelling-house, if the Lay Magistrate on sworn complaint in writing is satisfied—

a

that there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations; and

b

that one or more of the conditions in paragraph (4) are met.

4

The conditions are—

a

that entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;

b

that asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

c

that entry is required urgently; or

d

that the premises are unoccupied or the occupier is temporarily absent.

5

A warrant is valid for 30 days from the date of signature by the Lay Magistrate.

6

An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

7

An authorised officer may—

a

be accompanied by such other persons (up to a maximum of three) as the officer considers necessary;

b

bring onto the premises such equipment as the officer considers necessary.

h

require the slaughter of any imported animal which is non-compliant with import or animal welfare requirements in these Regulations or the EU Regulation or any Implementing Regulations and Delegated Regulations made under it, or suspected by the Department of posing a risk to animal or human health;

i

require the quarantine of any imported animal that is suspected by the Department of posing a risk to animal or human health.

Importation of animals or products constituting a risk to animal or public health35

1

 If imported animals or products are suspected by the Department of constituting a serious risk to human or animal health or animal welfare, or, in a case of suspected non-compliance, the animals or products come from a region contaminated by an epizootic disease, the authorised officer may require—

a

an investigation in order to confirm or eliminate that suspicion;

b

an investigation into the extent of any suspected non-compliance and to establish the import operator's responsibilities;

c

intensified official controls on consignments of animals or products from a particular region until such imports are no longer regarded by the officer as constituting such health risk;

d

the official detention of any of the animals or products;

e

appropriate measures to ensure that the person responsible for the animals or products remedies the non-compliance and prevents further occurrences of such non-compliance.

2

In a case within paragraph (1)(a), the importer must assist the officer with establishing the region of origin.

3

Where the Department is satisfied that imported animals or products constitute a risk to animal or public health, the authorised officer may, following written notice, take any reasonable action to ensure compliance with any rules laid down in accordance with Article 1(2) of the EU Regulation, including—

a

taking samples for testing and ordering or performing veterinary treatments on animals;

b

ordering the unloading of animals and their transfer via another means of transport to a specified holding for a specified quarantine period, (whether or not involving the postponement of the slaughter of animals);

c

the slaughter or killing of animals, provided that this is the most appropriate measure to safeguard human health as well as animal health and welfare;

d

restricting or prohibiting the placing on the market, the movement or the export of the animal or product, or requiring its return to the country of dispatch;

e

ordering the importer to increase the frequency and thoroughness of systematic checks and controls before importing further animals or goods from the same region;

f

ordering the isolation or closure, for an appropriate period of time, of all or part of a business operation (including any related internet and on-line sales of products that may constitute a risk to animal or human health) affected by the importation of an animal or product that constitutes a risk to animal or human health;

g

the recall, withdrawal, removal or destruction of products;

h

the treatment of products for human consumption, the alteration of labels or the provision of corrective information to consumers;

i

the temporary suspension or withdrawal of the registration or approval of an affected establishment, plant, holding or means of transport concerned, or of an authorisation of a transporter;

j

the use of products for purposes other than those for which they were originally intended.

4

An authorised officer must provide an affected business operator, or its representative, with—

a

written notification of the decision concerning the action or measure to be taken in accordance with this regulation, together with the reasons for that decision; and

b

information on any right of appeal against such decision in accordance with regulation 35A.

6

In the case of the issue of false or misleading official certificates in Northern Ireland, or where there is evidence of abuse of official certificates, the authorised officer, may take appropriate measures, including—

a

the temporary suspension of the certifying officer from certifying any certificates related to any relevant trade;

b

the withdrawal of the authorisation of a person to sign official certificates; and

c

any other measure believed by the officer to be necessary to prevent a reoccurrence of any non-compliance or abuse.

Appeals35A

Any person aggrieved by a decision made under these Regulations may appeal within one month of the decision to a Magistrates' court by way of sworn complaint in writing for an order and the Magistrates' Court (Northern Ireland) Order 1981 applies to the proceedings.