EnforcementS
27.—(1) At a [F1border control 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 [F1border control post], these Regulations are enforced—
[F2(za)in relation to aquatic animals and aquaculture animal products by the Scottish Ministers;]
(a)in relation to animals [F3, other than those mentioned in sub-paragraph (za),] by the local authority;
(b)in relation to products [F4, other than those mentioned in sub-paragraph (za),]—
(i)except where head (ii) applies, by the local authority; or
(ii)by the [F5Food Standards Scotland] at any cutting plant, game-handling establishment or slaughterhouse, or premises at which the Agency enforces the Food Hygiene (Scotland) Regulations 2006 M1.
(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 [F1border control post]) where goods are subject to customs supervision by that official under [F6the Taxation (Cross-border Trade) Act 2018.]
(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).
[F7(6) Where a customs officer exercising a statutory function at any place under customs supervision discovers any animal or product suspected of being non-compliant, that officer must detain it and notify such detention to an authorised officer of the relevant enforcement authority.]
[F8(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
F1Words in reg. 27(1)(2)(3) substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(23)(a)
F2Reg. 27(2)(za) inserted (8.1.2016) by The Trade in Animals and Related Products (Scotland) Amendment Regulations 2015 (S.S.I. 2015/401), regs. 1(1), 2(2)(a)(i) (with reg. 3)
F3Words in reg. 27(2)(a) inserted (8.1.2016) by The Trade in Animals and Related Products (Scotland) Amendment Regulations 2015 (S.S.I. 2015/401), regs. 1(1), 2(2)(a)(ii) (with reg. 3)
F4Words in reg. 27(2)(b) inserted (8.1.2016) by The Trade in Animals and Related Products (Scotland) Amendment Regulations 2015 (S.S.I. 2015/401), regs. 1(1), 2(2)(a)(iii) (with reg. 3)
F5Words in reg. 27(2)(b)(ii) substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 31
F6Words in reg. 27(3) substituted (31.12.2020) by The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(22)
F7Reg. 27(6) substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(23)(b)
F8Reg. 27(7) inserted (8.1.2016) by The Trade in Animals and Related Products (Scotland) Amendment Regulations 2015 (S.S.I. 2015/401), regs. 1(1), 2(2)(b) (with reg. 3)
Marginal Citations
M1S.S.I. 2006/3, to which there are amendments not relevant to these Regulations.