Control of products brought into the United Kingdom from third countries or traded within the European Community6A

1

Where a person to whom the first paragraph of Article 16a of Directive 95/53 applies has evidence that any product to which the second indent of that paragraph applies, which he has brought into the United Kingdom from a third country or put into circulation and which he holds or owns, does not comply with any provision specified in a Directive listed in Article 2.1(a) of that Directive, he shall—

a

notify the Food Standards Agency and the competent authority; and

b

supply them with the information specified in the second paragraph of Article 16a of that Directive.

2

Any person who fails to comply with paragraph (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

1

Where the competent authority has information indicating that a product presents a serious risk to human or animal health or to the environment, it shall give to the person in charge of the product notice in writing that, until the notice is withdrawn, the product or any specified part of it—

a

is not to be used in animal nutrition; and

b

either is not to be removed or is to be removed to a place specified by the authority,

and any person who knowingly contravenes the requirements of such a notice shall be guilty of an offence and liable—

c

on summary conviction to a fine not exceeding the statutory maximum, and

d

on conviction on indictment to a fine.

2

Where the competent authority gives notice in writing in accordance with paragraph (1), it shall as soon as reasonably practicable determine whether or not it considers that the product concerned fails to comply with a Community provision covered by Article 2.1(a) of Directive 95/53 and that there is a serious risk of the kind referred to in that paragraph, and—

a

if it does not so consider it shall forthwith withdraw the notice; and

b

if it does so consider it shall—

i

investigate the matter referred to in the second indent of Article 16b.1 of Directive 95/53, and

ii

to the extent necessary for the purpose of facilitating compliance with any requirement made pursuant to regulation 4(5) or 6(1), withdraw the notice.

3

Upon the product concerned being dealt with in accordance with any requirement made by the competent authority pursuant to regulation 4(5) or 6(1), or where the competent authority determines that no such requirement is to be made, it shall, to the extent that it has not already done so, withdraw the notice given in accordance with paragraph (1).