The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007 (revoked)

Illegal consignmentsS

This section has no associated Executive Note

23.—(1) Where checks at the quarantine centre, quarantine facility or border inspection post reveal that the animals do not comply with the provisions of Article 5 of Council Directive 91/496/EEC or [F1Council Regulation (EC) No. 1/2005], in particular the requirements listed in Article 21.1 of that Regulation, a veterinary inspector shall, by notice served on the person appearing to the veterinary inspector to be in charge of those animals, require that person to–

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

(b)place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within Scotland; or

(c)re despatch them outside the territory of the European Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice.

(2) Before exercising any of the powers in paragraph (1) the veterinary inspector shall consult the importer or their representative.

(3) If the animals are re despatched in accordance with sub paragraph (1)(c), the official veterinarian shall cancel the veterinary certificate accompanying the rejected consignment and complete the box “details of re consignment” in part 3 of the common veterinary entry document in accordance with the second indent of Article 3(1) of Commission Regulation (EC) No. 282/2004 as soon as the relevant information is known.

(4) If in the opinion of the veterinary inspector re despatch is not possible, in particular for reasons of the welfare of animals, they shall serve a notice on the person appearing to them to be in charge of the animals in accordance with the following paragraph.

(5) A notice served under the preceding paragraph may authorise slaughter of the animals for human consumption if the animals comply with all legislative requirements which must be complied with before slaughter for human consumption is permitted but, if this is not possible, shall either–

(a)order the slaughter of the animals for purposes other than human consumption, or

(b)order the slaughter of the animals and destruction of the carcasses, specifying in each case the conditions regarding control of the use of the products obtained.

(6) In the event of a notice served under paragraph (1) or (4) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.

(7) The importer or their representative shall be liable for the costs incurred in measures under this regulation, but shall be entitled, after deduction of costs, to the proceeds of any sale.

Textual Amendments