8.—(1) If it appears to an authorised officer of a port health authority or as the case may be food authority that any food contravenes regulation 3(a)(i) or (b)(i) and has been imported into England he may after appropriate consultation with a person appearing to him to be the importer of the food serve on that person a notice requiring —
(a)before 1st January 2005 —
(i)the re–export of the food to a country other than a member State within such reasonable period as shall be specified in the notice, or
(ii)(where such re–export would in his opinion involve serious risks to human health) the destruction of the food within such reasonable period as shall be so specified; and
(b)on or after 1st January 2005 —
(i)(where the requirements of Article 12 of Regulation 178/2002 are satisfied) the re–export of the food to a country other than a member State within such reasonable period as shall be specified in the notice, or
(ii)(where the requirements of Article 12 of Regulation 178/2002 are not satisfied) the destruction of the food within such reasonable period as shall be so specified.
(2) The notice served under paragraph (1) shall state —
(a)the right of appeal to a magistrates' court; and
(b)the period within which such an appeal may be brought.
(3) Any person who is aggrieved by the decision of an authorised officer to serve a notice under paragraph (1) may appeal to a magistrates' court, which shall be determine whether or not the notice should be upheld or set aside.
(4) The period within which such an appeal as is mentioned in paragraph (3) may be brought shall be 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and Public Holidays and the making of the complaint shall be deemed for the purpose of this paragraph to be the bringing of the appeal.
(5) The procedure on an appeal to a magistrates' court under paragraph (4) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980M1 shall apply to the proceedings.
(6) If the court allows an appeal brought under paragraph (4) the authority concerned shall compensate the owner of the food concerned for any depreciation in its value resulting from the action taken by the authorised officer.
(7) Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.
(8) Any person who breaches the terms of a notice served under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
(9) This Regulation is subject to regulation 9.
Marginal Citations