The Import and Export Restrictions (Foot-And-Mouth Disease) (No. 2) Regulations 2007

Statutory Instruments

2007 No. 2375

ANIMALS, ENGLAND

ANIMAL HEALTH

The Import and Export Restrictions (Foot-And-Mouth Disease) (No. 2) Regulations 2007

Made

10th August 2007

Laid before Parliament

13th August 2007

Coming into force

6.00 p.m. on 10th August 2007

The Secretary of State is designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the Common Agricultural Policy of the European Community.

The Secretary of State makes these Regulations in exercise of the powers conferred on him by section 2(2) of the European Communities Act 1972.

Title, application, commencement and cessation

1.  These Regulations—

(a) may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 2) Regulations 2007;

(b) apply in England;

(c) come into force at 6.00 p.m. on 10th August 2007; and

(d) cease to have effect on 25th August 2007.

Interpretation

2.—(1) In these Regulations—

“approved” means approved for the purposes of these Regulations in accordance with regulation 3;

“the Decision” means Commission Decision 2007/554/EC concerning certain protection against foot-and-mouth disease in the United Kingdom and repealing Decision 2007/552/EC(3);

“dispatch” means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;

“export” means export outside Great Britain and includes consigning for export;

“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector (including, in the case of appointment by the Secretary of State, a veterinary inspector) or otherwise authorised by the Secretary of State for the purposes of these Regulations, the Animal Health Act 1981(4), the Animals and Animal Products (Import and Export) (England) Regulations 2006(5), the Products of Animal Origin (Third Country Imports) (England) Regulations 2006(6) or the Products of Animal Origin (Import and Export) Regulations 1996(7);

“HACCP” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;

“local authority” means—

(a)

where there is, within the meaning of the Local Government Changes for England Regulations 1994(8), a unitary authority for that local government area, that authority;

(b)

where there is not a unitary authority—

(i)

where there is a port health authority, that authority;

(ii)

in a metropolitan district, the council of that district;

(iii)

in a non-metropolitan county, the county or district council;

(iv)

in each London borough (except in relation to imported animals) the council of that borough; or

(v)

in the City of London, and for all London boroughs in relation to imported animals, the Common Council;

“restricted area” means Great Britain.

(2) A notice under these Regulations shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.

Approvals

3.—(1) The Secretary of State or a local authority may approve establishments or cutting plants for the purposes of these Regulations if they are satisfied that the occupier will comply with the conditions of these Regulations.

(2) Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice at any time, and in particular may be suspended or revoked if the Secretary of State (or in the case of an approval granted by the local authority, that local authority) is reasonably of the opinion that the provisions of these Regulations are not being complied with.

Importation of live animals

4.  No person may import any live animal of species susceptible to foot-and-mouth disease into England from another member State.

Dispatch of live animals

5.—(1) No person may dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.

(2) By way of derogation from paragraph (1), the Secretary of State may authorise the dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area on main roads and railway lines.

(3) The Secretary of State may only authorise the dispatch of the biungulate animals originating outside the restricted area to another member State if at least three days before dispatch he has notified the destination member State, and—

(a) in the case of bovine, porcine, ovine and caprine animals, the health certificate accompanying the animals bears the following words—

“Animals conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”; and

(b) in the case of any other biungulates, the health certificate accompanying the animals bears the following words—

“Live biungulates conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.

Dispatch of fresh meat, minced meat, mechanically separated meat and meat preparations

6.—(1) No person may dispatch any meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.

(2) In this regulation, the reference to “meat” includes fresh meat, minced meat, mechanically separated meat and meat preparations as defined in points 1.10, 1.13, 1.14 and 1.15 of Annex 1 to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(9).

(3) The prohibition in paragraph (1) does not apply in relation to meat bearing a health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(10), provided that—

(a) the meat is clearly identified, and has been transported and stored since the date of production separately from meat not eligible, in accordance with the Decision, for dispatch outside the areas listed in Annex I; and

(b) the meat complies with either of the following conditions—

(i) it was obtained before 15th July 2007, or

(ii) it is derived from animals reared for at least 90 days prior to slaughter outside the restricted area and slaughtered outside the restricted area or, in the case of meat obtained from wild game of species susceptible to foot-and-mouth disease, killed, outside the restricted area.

(4) The prohibition in paragraph (1) does not apply in relation to fresh meat obtained from an approved cutting plant situated in the restricted area if—

(a) only fresh meat as described in paragraph (3)(b) is processed in the cutting plant in any one day;

(b) cleansing and disinfection is carried out after processing any meat not meeting the requirement in sub-paragraph (a);

(c) all meat bears the health mark in accordance with Chapter III of Section I to Annex I of Regulation (EC) No 854/2004;

(d) the cutting plant is operated under strict veterinary control; and

(e) the fresh meat is clearly identified, transported and stored separately from meat which is not eligible for dispatch.

(5) Meat consigned to another member State must be accompanied by an official certificate from an official veterinarian which bears the following words—

“Meat conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.

Dispatch of meat products

7.—(1) No person may dispatch meat products, including treated stomachs, bladders and intestines, of animals of the bovine, ovine, caprine or porcine species and other biungulates coming from the restricted area or prepared using meat obtained from such animals originating in that area.

(2) The prohibition in paragraph (1) does not apply to meat products that have been transported and stored since the date of production separately from other meat products not eligible for dispatch, provided that the meat products—

(a) are clearly identified;

(b) bear the health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004; and

(c) are either—

(i) made from meats described in regulation 6(3)(b); or

(ii) have undergone at least one of the relevant treatments laid down for foot-and-mouth disease in Part 1 of Annex III to Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(11).

(3) Meat products consigned to another member State must be accompanied by an official certificate which bears the following words—

“Meat products (including treated stomachs, bladders and intestines) conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.

(4) Paragraph (3) does not apply to meat products which comply with paragraph (2) and which have been processed in an establishment operating HACCP and an auditable standard operating procedure that ensures that standards for treatment are met and recorded, if compliance with paragraph (2)(c)(ii) is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14.

(5) Paragraph (3) does not apply to meat products heat treated in accordance with paragraph (2)(c)(ii) stored in hermetically sealed containers so as to ensure that they are shelf stable, if the heat treatment applied is stated in the commercial document accompanying the consignment.

Dispatch of milk

8.—(1) No person may dispatch milk.

(2) The prohibition in paragraph (1) does not apply to milk produced from animals kept in the restricted area which has been subjected to at least a treatment in accordance with—

(a) Part A of Annex IX to Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease(12), if the milk is intended for human consumption; or

(b) Part B of Annex IX to Directive 2003/85/EC, if the milk is not intended for human consumption or is intended for feeding to animals of species susceptible to foot-and-mouth disease.

(3) The prohibition in paragraph (1) does not apply to milk prepared in an approved establishment situated in the restricted area under the following conditions—

(a) all milk used in the establishment has either—

(i) been treated in accordance with paragraph (2); or

(ii) has been obtained from animals reared and milked outside the restricted area;

(b) the establishment must be operated under strict veterinary control;

(c) the milk is clearly identified and transported and stored separately from milk and dairy products which are not eligible for dispatch; and

(d) transport of raw milk from holdings situated outside the restricted area to the establishment is carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the restricted area keeping animals of species susceptible to foot-and-mouth disease.

(4) Milk consigned to another member State must be accompanied by an official certificate which bears the following words—

“Milk conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.

(5) Paragraph (4) does not apply to milk which complies with the requirements of paragraph (2)(a) or (b) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.

(6) Paragraph (4) does not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been heat treated in hermetically sealed containers so as to ensure that it is shelf stable provided that the commercial document accompanying the consignment states the heat treatment applied.

Dispatch of dairy products

9.—(1) No person may dispatch dairy products.

(2) The prohibition in paragraph (1) does not apply to dairy products—

(a) produced before 15th July 2007;

(b) prepared from milk complying with the provisions in regulation 8(2) or (3); or

(c) for export to a third country where import conditions permit such products to be subject to treatment other than laid down in regulation 8(2) which ensures the inactivation of the foot-and-mouth disease virus.

(3) The prohibition in paragraph (1) does not apply to dairy products intended for human consumption—

(a) produced from milk of a controlled pH less than 7.0 and subject to a heat treatment at a temperature of at least 72°C for at least 15 seconds, on the understanding that such treatment is not necessary for finished products, the ingredients of which comply with the respective animal health conditions laid down in these Regulations; or

(b) produced from raw milk of bovine, ovine or caprine animals which have been resident for at least 30 days on a holding situated, within the restricted area, in the centre of a circle of at least 10 km radius where no outbreak of foot-and-mouth disease has occurred during the 30 days prior to the date of production of the raw milk, and which are subject to a maturation or ripening process of at least 90 days during with the pH is lowered below 6.0 throughout the substance, and the rind of which has been treated with 0.2% citric acid immediately prior to wrapping or packaging.

(4) The prohibition in paragraph (1) does not apply to—

(a) dairy products prepared in an approved establishment situated in the restricted area provided that —

(i) all milk used in the establishment either conforms to the conditions of regulation 8(2) or is obtained from animals outside the restricted area;

(ii) all dairy products used in the final product either conform to the conditions of paragraphs (2)(a) or (b) or (3) of this regulation or are made from milk obtained from animals outside the restricted area;

(iii) the establishment is operated under strict veterinary control; and

(iv) the dairy products are clearly identified and transported and stored separately from milk and dairy products which are not eligible for dispatch; or

(b) dairy products prepared in parts of the United Kingdom outside the restricted area using milk obtained before 15th July 2007 from the restricted area provided that the milk products are clearly identified and transported and stored separately from dairy products not eligible for dispatch.

(5) Dairy products consigned to another member State must be accompanied by an official certificate which bears the following words—

“Dairy products conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.

(6) Paragraph (5) does not apply to milk products which comply with the requirements of paragraphs (2)(a) or (b), (3) or (4) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the dairy products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.

(7) Paragraph (5) does not apply to dairy products which conform to the requirements of paragraphs (2)(a) or (b), (3) or (4), which have been treated in hermetically sealed containers so as to ensure that they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.

Dispatch of semen, ova and embryos

10.—(1) No person may dispatch semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.

(2) The prohibition in paragraph (1) does not apply in relation to—

(a) semen, ova and embryos produced before 15th July 2007; and

(b) frozen bovine and porcine semen and bovine embryos imported into the United Kingdom in accordance with the conditions laid down in—

(i) Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species (13);

(ii) Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species(14); and

(iii) Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species(15),

and which since introduction into the United Kingdom have been stored and transported separately from semen and embryos not eligible for dispatch.

(3) The health certificate accompanying frozen bovine semen consigned to another member State must bear the following words—

“Frozen bovine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom”.

(4) The health certificate accompanying bovine embryos consigned to another member State must bear the following words—

“Bovine embryos conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom”.

(5) The health certificate accompanying porcine semen to other member States must bear the following words—

“Frozen porcine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom”.

Dispatch of hides and skins

11.—(1) No person may dispatch hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.

(2) The prohibition in paragraph (1) does not apply in relation to hides and skins which—

(a) were produced before 15th July 2007;

(b) conform to the requirements of point (c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption(16); or

(c) were produced outside the restricted area in accordance with the conditions laid down in Regulation (EC) No 1774/2002 and since introduction into the United Kingdom have been transported separately from hides and skins not eligible for dispatch,

provided that treated hides and skins are separated from untreated hides and skins.

(3) Hides and skins consigned to another member State must be accompanied by an official certificate which bears the following words:—

“Hides and skins conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom”.

(4) Paragraph (3) does not apply to hides and skins which conform to the requirements of either—

(a) points (b) to (e) or paragraph 1 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002; or

(b) points (c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002,

if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 14.

Dispatch of animal products

12.—(1) No person may dispatch animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations—

(a) produced after 15th July 2007 coming from the restricted area; or

(b) obtained from animals originating from the restricted area.

(2) No person may dispatch dung or manure from animals of the bovine, ovine, caprine and porcine species and other biungulates from the restricted area.

(3) The prohibition in paragraph (1) does not apply in relation to—

(a) animal products that—

(i) have been subject to a heat treatment in a hermetically sealed container with a Fo value of 3,00 or more;

(ii) have been subject to a heat treatment in which the centre temperature is raised to at least 70^oC; or

(iii) were produced outside the restricted area in accordance with the conditions laid down in Regulation (EC) No 1774/2002, and which since introduction into the United Kingdom have been stored and transported separately from animal products not eligible for dispatch;

(b) blood and blood products—

(i) as defined in points 4 and 5 of Annex I to Regulation (EC) No 1774/2002 which have been subjected to at least one of the treatments provided for in paragraph 3(a)(ii) of Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002, followed by an effectiveness check; or

(ii) that have been imported in accordance with Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002;

(c) lard and rendered fats which have been subjected to the heat treatment prescribed in point 2(d)(iv) of Part B of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002;

(d) animal casings that comply with the conditions in Part A of Chapter 2 of Annex 1 to Directive 92/118/EC laying down animal health and public requirements governing trade in and imports into the Community of certain products(17), which have been cleaned, scraped and then either salted, bleached or dried, and where subsequently effective steps were taken to prevent the recontamination of the casings;

(e) sheep wool, ruminant hair and pigs’ bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs’ bristles which are securely enclosed in packaging and dry;

(f) petfood conforming to the requirements of points 2 to 4 of Part B of Chapter II of Annex VIII to Regulation (EC) No 1774/2002;

(g) composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;

(h) game trophies in accordance with points 1, 3 or 4 of Part A of Chapter VII of Annex VIII to Regulation (EC) No 1774/2002;

(i) packed animal products intended for use as in-vitro diagnostic or laboratory reagents; or

(j) medicinal products as defined in Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to medicinal products for human use(18), veterinary medicinal products as defined in Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to veterinary medicinal products(19) and investigational medicinal products as defined in Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the conduct of clinical trials on medicinal products for human use(20).

(4) The animal products referred to in paragraph (3) for dispatch to other member States must be accompanied by an official certificate which bears the following words—

“Animal products conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.

(5) Paragraph (4) does not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) that are accompanied by a commercial document endorsed in accordance with regulation 14 of these Regulations.

(6) Paragraph (4) does not apply to products specified in sub-paragraph (e) of paragraph (3) that are accompanied by a commercial document stating either—

(a) that the products have undergone factory washing or have been obtained from tanning; or

(b) that the products comply with the conditions laid down in points 1 and 4 of Part A of Chapter VIII of Annex VIII to Regulation (EC) No 1774/2002.

(7) Paragraph (4) does not apply to products specified in sub-paragraphs (f) and (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these Regulations and they have a commercial document endorsed in accordance with regulation 14.

(8) Paragraph (4) does not apply to products specified in sub-paragraphs (i) and (j) of paragraph (3) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents or medicinal products, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only” or as “medicinal products”.

(9) Paragraph (4) does not apply to composite products that fulfil the conditions set out in Article 6(1) of Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts(21) if they are accompanied by a commercial document which bears the following words:

“These composite products are shelf stable at ambient temperatures or have clearly undergone in their manufacture a complete cooking or heat treatment process throughout their substance so that any raw material is de-natured”.

Exemptions

13.  The prohibitions in regulations 7, 8, 9 and 12 do not apply in relation to—

(a) products not produced in the United Kingdom and which remain in their original packaging indicating the country of origin of the products; and

(b) products that are—

(i) produced in an approved establishment in the restricted area from pre-processed products originating outside that area which, since introduction into the United Kingdom have been transported, stored and processed separately from products not eligible for dispatch; and

(ii) accompanied by a commercial document or official certificate as required by these Regulations.

Endorsement of commercial documents

14.—(1) Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate stating that—

(a) the products concerned have been produced—

(i) in a production process that has been audited and found to be in compliance with the appropriate requirements in Community animal health legislation and suitable to destroy the foot-and-mouth disease virus; or

(ii) from pre-processed materials that have been certified accordingly; and

(b) provisions are in place to avoid possible recontamination with the foot-and-mouth disease virus after treatment.

(2) The certificate must bear a reference to the Decision, is valid for 30 days, must state the expiry date and is renewable after inspection of the establishment.

(3) In the case of products for retail sale to the final consumer, a consolidated consignment other than fresh meat, minced meat, mechanically separated meat and meat preparations, each of which is eligible for dispatch in accordance with these Regulations, may be dispatched from an approved establishment accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate which—

(a) confirms that the establishment of dispatch has in place a system to ensure that goods can only be dispatched if they are traceable to documentary evidence of compliance with these Regulations;

(b) confirms that this system has been audited and found satisfactory;

(c) refers to the Decision;

(d) is valid for 30 days;

(e) states the expiry date; and

(f) is renewable only after the establishment had been audited with satisfactory results.

Dispatch of equidae

15.—(1) Any person dispatching equidae must ensure that they are accompanied by a health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae(22).

(2) The certificate may only be issued for equidae coming from a holding that is not subject to official prohibition under the Foot-and-Mouth Disease (England) Order 2006(23).

(3) The certificate accompanying equidae dispatched to another member State in accordance with paragraph (1) of this regulation, must bear the following words—

“Equidae conforming to Commission Decision 2007/554/EC of 9 August 2007, concerning interim protection measures with regard to foot-and-mouth disease in the United Kingdom.”

Personal exports

16.  No person travelling out of the British Islands may take with him in his personal luggage or on any other non-commercial basis any product to which these Regulations apply.

Offers to dispatch or export

17.  No person may offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.

Powers of inspectors

18.—(1) An inspector may, on producing, if required to do so, some duly authenticated document showing his authority, at all reasonable hours enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “ premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.

(2) An inspector may carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may—

(a) detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations and intended for export for as long as is reasonably necessary to determine whether the consignment complies with the conditions for export;

(b) search any premises;

(c) carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;

(d) examine documentary or data processing material relevant to the checks carried out under these Regulations, including any import or export manifest; and

(e) take with him a representative of the European Commission acting for the purposes of the Decision.

Powers of officers of Revenue and Customs

19.  An officer of Revenue and Customs may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.

Illegal consignments of products

20.—(1) This regulation has effect when an inspector, on reasonable grounds, suspects that anything other than live animals is intended to be dispatched in contravention of these Regulations.

(2) The inspector may seize it and remove it in order to have it dealt with by a justice of the peace.

(3) If he seizes it he must inform the person appearing to him to be in charge of the consignment of his intention to have it dealt with by a justice of the peace, and—

(a) any person who might be liable for prosecution under these Regulations in relation to the dispatch shall, if he attends before the justices of the peace by whom the consignment falls to be dealt with, be entitled to be heard and to call witnesses; and

(b) the justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under these Regulations in relation to that consignment.

(4) If it appears to a justice of the peace that there was an intention to dispatch the consignment in contravention of these Regulations he must, unless he is satisfied that the consignment can be returned to the owner without risk of a further attempt to dispatch it in contravention of these Regulations, order that the consignment shall be destroyed or otherwise disposed of so as to prevent it from being despatched.

(5) When under the preceding paragraph a justice of the peace is satisfied that there was an intention to dispatch a consignment in breach of these Regulations, the owner, the consignor and the consignee are jointly and severally liable for the costs reasonably incurred in its removal to storage, its storage and its destruction or disposal.

Obstruction

21.  No person shall—

(a) intentionally obstruct any person acting in the execution of these Regulations;

(b) without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations; or

(c) furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.

Furnishing false information

22.  No person shall furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.

Offences by bodies corporate

23.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) For the purposes of this regulation, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Penalties

24.  A person contravening any provision of these Regulations is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Authorisations, certificates, etc. issued in another part of the British Islands

25.—(1) Where these Regulations require any authorisation, certificate or approval to be issued or granted by the Secretary of State in England, an equivalent document issued in another part of the British Islands by the relevant competent authority is valid.

(2) Where these Regulations require anything to be done in approved establishments or cutting plants in England, anything done in premises approved for those purposes in another part of the British Islands shall be treated as if it had been processed in approved premises in England.

Sharing information

26.  The Secretary of State, the Commissioners for Her Majesty’s Revenue and Customs and any local authority may exchange information for the purposes of these Regulations, and may divulge information to the enforcement authorities in another part of the British Islands.

Enforcement

27.  These Regulations shall be enforced by the Secretary of State or the local authority.

Revocations

28.  The Import and Export Restrictions (Foot-And-Mouth Disease) Regulations 2007(24) are revoked.

Jonathan Shaw

Parliamentary Under Secretary of State

Department for Environment Food and Rural Affairs

10th August 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in England, revoke and re-make with amendments the Import and Export Restrictions (Foot-and-Mouth Disease) Regulations 2007. They implement Commission Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom.

They regulate—

(a) the importation and dispatch of live animals (regulations 4 and 5);

(b) the export of meat from bovine, ovine caprine and porcine animals and other biungulates (regulation 6);

(c) the export of meat products, milk and dairy products (regulations 7, 8 and 9);

(d) the export of semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates (regulation 10), hides and skins (regulation 11) and various animal products (regulation 12);

(e) the export of equidae (regulation 15); and

(f) personal exports (regulation 16)

They create an offence of offering to export anything which it is prohibited to export under the Regulations (regulation 17).

They provide powers for enforcement, and powers for officers of Revenue and Customs (regulations 18 to 20 ) and create an offence of obstruction (regulation 21).

Breach of the Regulations is an offence, punishable—

(g) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;

(h) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

The Regulations are enforced by the Secretary of State or the local authority (regulation 27).

An impact assessment has not been prepared for these Regulations.

(1)

S. I. 1972/1811.

(2)

1972 c. 68.

(3)

OJ No. L 210, 10.8.2007, p. 36.

(4)

1981 c. 22.

(5)

S.I. 2006/1471.

(6)

S. I. 2006/2841.

(7)

S. I. 1996/3124.

(8)

S. I. 1994/867.

(9)

OJ No. L139, 30.4.2004, p. 55.

(10)

OJ No. L139. 30.4.2004, p. 206 as last amended by Regulation (EC) No. 1791/2006.

(11)

OJ No. L18, 23.1.2003, p. 11.

(12)

OJ No. L306, 22.11.2003, p. 1 as last amended by Directive 2006/104/EC.

(13)

OJ No. L194, 22.7.1988, p. 10 as last amended by the Act of Accession of Austria, Finland and Sweden.

(14)

OJ No. L302, 19.10.1989, p.11 as last amended by Act of Accession of Austria, Finland and Sweden.

(15)

OJ No. L224, 18.8.1990, p. 62 as last amended by Council Decision 2001/36/EC (OJ No. L13, 19.1.2000, p. 21.

(16)

OJ No. L273, 10.10.2002, p. 1 as last amended by Regulation (EC) No. 829/2007.

(17)

OJ No. L62, 15.3.1993, p49

(18)

OJ No. L311, 28.11.2001, p67

(19)

OJ No. L311, 28.11.2001, p1

(20)

OJ No. L121, 1.5.2001, p34

(21)

OJ No. L 116, 4.5.2007, p. 9

(22)

OJ No. L224, 18.8.90, p. 42.

(23)

S. I. 2006/182.

(24)

S. I. 2007/2331.