The Meat and Meat Products (Hormonal Substances) (Scotland) Regulations 1989

Inspection and control

4.—(1) If an authorised officer has reasonable grounds for suspecting that any meat or meat product is material the sale of which would contravene regulation 3, he may give notice to the person in possession of such meat or meat product that, until his investigations are completed,—

(a) the meat or meat product, or any port ion of it specified in the notice, shall not be sold or used as an ingredient in the preparation of any meat product intended for sale for human or animal consumption, and

(b) either it is not to be removed, or it is not to be removed except to a place or for a purpose specified in the notice.

(2) No person shall sell, use or remove any meat or meat product in contravention of the requirements of a notice given under paragraph (1) above.

(3) A notice given under paragraph (1) above may at any time be withdrawn by a further notice in writing given by an authorised officer to the person in possession of the meat or meat product in question and it shall be withdrawn if, as a result of his investigations, an authorised officer is satisfied that the sale of that meat or meat product is not prohibited by regulation 3.

(4) If, as a result of his investigations, an authorised officer is satisfied that the sale of the meat or meat product in question, or any portion of it, would be prohibited by regulation 3, he may deal with it as food falling within section 9(1) of the Food and Drugs (Scotland) Act (under which food unfit for human consumption may be seized and removed).

(5) Section 9(2) and (3) of the Food and Drugs (Scotland) Act (under which food unfit for human consumption may be condemned) shall apply to any meat or meat product dealt with in accordance with paragraph (4) above as if food unfit for human consumption included any meat or meat product the sale of which is prohibited by regulation 3.

(6) If a justice of the peace before whom any meat or meat product is brought under this regulation refuses to condemn it, the local authority from which the authorised officer derives his authority shall compensate the owner of the meat or meat product to which the notice related for any depreciation in its value resulting from the action taken by the authorised officer.