The Products of Animal Origin (Third Country Imports) (England) Regulations 2003

Exemptions

3.—(1) These Regulations do not apply to products introduced into England from a third country with the previous authorisation of the Secretary of State as trade samples, for exhibition, or for particular studies or analyses.

(2) The Secretary of State’s authorisation shall be in writing, may be made subject to conditions, and may be amended, suspended or revoked in writing at any time.

(3) Part 3, with the exception of regulation 25, and Parts 4 to 10 do not apply to—

(a) meat, meat products, milk and milk products from Greenland, the Faeroe Islands, the Republic of Iceland, the Principality of Andorra, San Marino, Liechtenstein, Switzerland, Estonia, Lithuania, Latvia, Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Romania, Bulgaria, Malta or the Republic of Cyprus introduced into England in the personal luggage of a traveller if they are intended for his personal consumption, taking into account the nature of the product and the quantity of it that could reasonably be consumed by an individual;

(b) powdered infant milk, infant food, and special foods required for medical reasons containing meat, meat products, milk, or milk products introduced into England from a third country not specified in paragraph (a) if they—

(i) are carried in the personal luggage of a traveller and are intended for his personal use or consumption, taking into account the nature of the product and the quantity of it that could reasonably be consumed by an individual;

(ii) do not require refrigeration before opening;

(iii) are packaged proprietary brand products for direct sale to the final consumer; and

(iv) are contained in unbroken packaging; and

(c) products which are not covered by paragraph (a) or paragraph (b) introduced into England in the personal luggage of a traveller if they are intended for his personal consumption or which are sent by post or carrier and addressed to a private individual in England otherwise than by way of trade or as a trade sample and if—

(i) they are not meat, meat products, milk or milk products;

(ii) their total weight does not exceed one kilogram; and

(iii) they either come from a third country or part of a third country that satisfies the conditions laid down in paragraph (4), or have undergone heat treatment in a hermetically sealed container to an Fo value of 3.00 or more.

(4) The conditions referred to in paragraph (3)(c)(iii) are that the third country or part of a third country—

(a) appears on a list of third countries or parts of third countries from which member States shall authorise the importation of the products concerned, established by a Community instrument listed in Schedule 2; and

(b) is not one from which importation of the products concerned is prohibited by any Community instrument listed in Schedule 2.

(5) In this regulation “meat”, “meat products”, “milk” and “milk products” mean products of those types listed in the Annex to Commission Decision 2002/349/EC and “meat” includes meat preparations.