Aflatoxins in Nuts, Nut Products, Dried Figs and Dried Fig Products Regulations 1992

5.  Where, in pursuance of paragraph 4 above, an application is made for an order of a magistrates' court—

(a) if the magistrates' court is satisfied that the importer has failed to prove that the decision of the authorised officer (under paragraph 3(2) above) was incorrect, the court shall order the consignment to be disposed of or destroyed under the supervision of an authorised officer by such means and in such manner as to prevent it from being used for human consumption in Great Britain;

(b) if the magistrates' court is satisfied that the importer has proved that that decision was incorrect, the court shall order that the notice under paragraph 3(2) above shall no longer have effect and unconditionally authorise the importer to remove the consignment from the designated place.