EnforcementS
This section has no associated Executive Note
27.—(1) At a border inspection post these Regulations are enforced—
(a)in relation to animals by the Scottish Ministers; and
(b)in relation to products by the local authority.
(2) Outside a border inspection post, these Regulations are enforced—
[(za)in relation to aquatic animals and aquaculture animal products by the Scottish Ministers;]
(a)in relation to animals[, other than those mentioned in sub-paragraph (za),] by the local authority;
(b)in relation to products[, other than those mentioned in sub-paragraph (za),]—
(i)except where head (ii) applies, by the local authority; or
(ii)by the [Food Standards Scotland] at any cutting plant, game-handling establishment or slaughterhouse, or premises at which the Agency enforces the Food Hygiene (Scotland) Regulations 2006 .
(3) In addition, in relation to products, these Regulations are enforced by a general customs official in any place (other than the inspection facilities in a border inspection post) where goods are subject to customs supervision by that official under Articles 37 and 38 of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code.
(4) The Scottish Ministers may direct, in relation to cases of a particular description or a particular case, that the Scottish Ministers will discharge any duty imposed on a local authority under this regulation.
(5) The Scottish Ministers may recover from the local authority concerned any expenses reasonably incurred by them under paragraph (4).
(6) An officer of an enforcement authority who, when exercising any statutory function, discovers at any place under customs supervision a consignment or product which the officer reasonably suspects has been brought into Scotland—
(a)in breach of these Regulations; or
(b)from a third country and presents a risk to animal or public health,
must notify a general customs official and detain the consignment or product until such officer takes charge of it.
[(7) In paragraph (2)(za)—
“aquatic animal” has the same meaning as in Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals; and
“aquaculture animal product” means any product of an aquaculture animal to which Article 6(1), 8(1) or (3) or 12(1) of Commission Regulation (EC) No 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species applies.]
Textual Amendments
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