The Products of Animal Origin (Import and Export) Regulations 1992

Consignments posing a risk to health and illegal consignments

10.—(1) If an authorised officer of the Minister or a local authority establishes in imported products of animal origin the presence of agents responsible for a disease named in Council Directive 82/894/EEC on the notification of animal diseases within the Community(1) or of a zoonosis, a disease or any cause likely to constitute a serious hazard to animals or humans, or that the products come from an area infected by an epizootic disease, he shall, by notice served on the person appearing to him to have charge of the consignment—

(a) in all cases, prohibit the movement of the consignment except as shall be specified in the notice;

(b) in addition to prohibiting the movement—

(i) in the case of animal health aspects relating to products subject to one of the treatments referred to in Article 4 of Council Directive 80/215/EEC on animal health problems affecting intra-Community trade in meat pro ducts(2) order the relevant treatment specified in that directive;

(ii) in any other case order the batch to be destroyed or used in some other way.

(2) Subject to the following paragraph, if an authorised officer of the Minister or a local authority establishes that the products do not meet an animal or public health condition relating to import he may, by means of a notice served on the person appearing to him to be in charge of the consignment prohibit the movement of the consignment except as specified on the notice.

(3) If a notice is served under paragraph (2) above, the officer serving the notice shall serve on the person appearing to him to be the owner of the goods a notice—

(a) ordering the destruction of the goods, or

(b) if public and animal health considerations so permit, giving the person appearing to him to be the owner the choice of destroying the goods, or using the goods for such other purposes as may be specified in the notice, including returning them (with the authorisation of the competent authority of the country of the establishment of origin) to their country of origin.

(4) If the only way in which the consignment fails to comply with legislation is irregularity in documentation, any notice specifying action under paragraph (3) above shall grant the consignor a period of seven days to produce the correct documentation before such action is taken.

(5) In the event of a notice not being complied with, an authorised officer of the Minister or a local authority shall be empowered to destroy the goods.

(6) The costs of returning the consignment, storing the goods, putting them to other uses or destroying them shall be borne by the consignee, unless destroyed under the provisions of paragraph (1) above, in which case the costs shall be borne by the consignor or his agent.

(7) An officer of a local authority exercising any of the powers under this Regulation shall forthwith notify the appropriate Divisional Veterinary Officer of any findings arrived at, the decisions taken and the reasons for such decisions.

(1)

OJ No. L378, 31.12.82, p. 58; relevant amending instrument is Commission Decision 89/162/EEC, OJ No. L61, 4.3.89, p. 48.

(2)

OJ No. L47, 21.2.80, p. 4; relevant amending instruments are Council Directive 80/1100/EEC (OJ No. L325, 1.2.80, p. 17), Council Directive 87/491/EEC (OJ No. L279, 2.10.87, p. 27) and Council Directive 88/660/EEC (OJ No. L382, 31.12.88, p. 35).