Re-dispatch or destruction of illegal importsE+W
[F16.—(1) If on an inspection or examination of any Iranian pistachios it appears to an authorised officer of a port health authority or as the case may be food authority that they have been imported in contravention of paragraph (1) or (2) of regulation 3 he or she may after appropriate consultation with a person appearing to him or her to be the importer of the pistachios serve on that person a notice requiring —
(a)the re-dispatch of the pistachios outside the European Community within such reasonable period as is specified in the notice if all costs related to official measures taken in respect of those pistachios and identified in that notice have been met; or
(b)if —
(i)such re-dispatch would in his or her opinion involve serious risks to human health, or
(ii)such costs have not been met,
the destruction of the pistachios within such reasonable period as is specified in the notice.
(2) If a notice has been served under sub-paragraph (a) of paragraph (1) and the pistachios concerned have not been re-dispatched outside the European Community within the period specified in the notice, an authorised officer of the port health authority or the food authority whose authorised officer served it may after appropriate consultation with the person appearing to him or her to be the importer of the pistachios serve on that person a notice requiring the destruction of the pistachios within such reasonable period as is specified in the notice.
(3) A notice served under paragraph (1) or (2) is to state —
(a)the right of appeal to a magistrates' court; and
(b)the period within which such an appeal may be brought.
(4) Any person who is aggrieved by a decision of an authorised officer to serve a notice under paragraph (1) or (2) may appeal to a magistrates' court, which is to determine whether the notice should be upheld or set aside.
(5) The period within which such an appeal as is mentioned in paragraph (4) may be brought is 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and Public Holidays and the making of the complaint is deemed for the purpose of this paragraph to be the bringing of the appeal.
(6) The procedure on an appeal to a magistrates' court under paragraph (4) is to be by way of complaint for an order and the Magistrates' Court Act 1980 applies to the proceedings.
(7) If the court allows an appeal brought under paragraph (4) the authority concerned is to compensate the owner of the Iranian pistachios concerned for any depreciation in their value resulting from the action taken by the authorised officer.
(8) Any disputed question as to the right to or the amount of any compensation payable under paragraph (7) is to be determined by arbitration.
(9) Any person who breaches the terms of a notice served under paragraph (1) or (2) is 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.]
Textual Amendments