4.—(1) Parts 3 to 9 do not apply to products brought into Scotland from a third country with the previous authorisation of the Scottish Ministers as trade samples, for exhibition, or for particular studies or analyses.
(2) The Scottish Ministers' authorisation–
(a)must be in writing;
(b)must in the case of products brought in–
(i)as trade samples or for exhibition, be made subject to a condition that they must not be marketed; and
(ii)for particular studies or analyses, be made subject to a condition that they must not be supplied for human consumption;
(c)may be made subject to such other conditions (if any) as they consider necessary for the protection of public or animal health; and
(d)may be amended, suspended or revoked in writing at any time.
(3) No person may–
(a)use a product to which the exemption in paragraph (1) applies for any purpose for which it has not been authorised, or contravene any condition referred to in paragraph (2)(b); or
(b)contravene any other condition of the Scottish Ministers' authorisation in relation to such a product.
(4) In the case of products brought in for exhibition or studies and any quantities of products brought in for analyses that remain following those analyses, the person who brought them in must as soon as possible when the exhibition, studies or analyses have finished, and in accordance with any conditions specified in the Scottish Ministers' authorisation–
(a)redispatch them to a third country; or
(b)dispose of them in accordance with Regulation (EC) No. 1774/2002 and the Animal By-Products (Scotland) Regulations 2003 M1.
(5) Where an authorised officer considers that there has been a breach of paragraph (3)(a) or (4) in relation to a product, the officer must by notice in writing served on the person appearing to have charge of that product, take charge of it and either–
(a)redispatch it to a destination, agreed with the person who brought it in, located in a third country within a period of sixty 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 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, the officer may by notice in writing served on the person appearing to have charge of that product, take charge of it and take either of the steps specified in paragraph (5)(a) and (b).
[F1(7) Part 3, with the exception of regulation 25, and Parts 4 to 9 do not apply to products of animal origin specified in Article 2 of Commission Regulation (EC) No. 206/2009 on the introduction into the Community of personal consignments of products of animal origin and amending Regulation (EC) No. 136/2004.]
Textual Amendments
F1Reg. 4(7) substituted for reg. 4(7)(8) (26.6.2009) by The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/228), regs. 1(1), 2(2)
Marginal Citations