The Bovine Offal (Prohibition) (Scotland) Regulations 1990

PART VI ENFORCEMENT

Right of examination and seizure

30.  An authorised officer may at all reasonable times examine any meat or offal which he has reason to believe is specified bovine offal and if it appears to him that it

(a) is required to be but has not been sterilised; or

(b) is required to be but has not been stained; or

(c) is required to bear but does not bear a notice; or as the case may be

(d) is required to be but is not accompanied by the relevant movement documentation,

in accordance with the provisions of these Regulations, he may seize it and remove it in order to have it dealt with in accordance with the provisions of section 9 of the Act.

Inspection of records

31.  An authorised officer shall, on producing, if so required, some duly authenticated document showing his authority, have a right to require the production of, and to examine, any records or consignment notes which are required to be kept by virtue of these Regulations.

Offences, penalties and enforcement

32.—(1) If any person contravenes, or fails to comply with, any provision of these Regula tions, or knowingly or recklessly makes a false entry in any document required by these Regulations, he shall be guilty of an offence and shall be liable–

(a) on summary conviction to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding one year, or both.

(2) Each district and islands council shall enforce and execute these Regulations in its area.

Defence of due diligence

33.  In any proceedings for an offence under these Regulations it shall be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Application of various sections of the Act

34.  The following provisions of the Act shall apply for the purposes of these Regulations as if references therein to proceedings, or a prosecution, under or taken or brought under the Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an offence under these Regulations:–

(a) section 41(2), (3) and (5) (which relates to prosecutions);

(b) section 45 (which relates to a contravention due to default of some other person); and

(c) section 46(2) (which relates to the conditions under which a warranty may be pleaded as a defence).