Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998

Consignments posing a risk to health and illegal consignments

15.—(1) If an authorised officer establishes in relation to a consignment of imported products of animal origin—

(a)the presence of a zoonosis or of agents responsible for a disease named in Directive 82/894 or any other disease or cause likely to constitute a serious hazard to the health of animals or humans; or

(b)that the products come from the an area infected by an epizootic disease of the species of origin of the products and have not been subjected to one of the treatments referred to in Article 4 of Council Directive 80/215/EEC on animal health problems affecting intra-Community trade in meat products(1),

he shall, by notice served on the person appearing to him to have charge of the consignment—

(i)order the batch to be destroyed or used in some other way;

(ii)prohibit the movement of the products except such movement as may be specified in the notice; or

(iii)in any case falling within sub-paragraph (b), order the appropriate treatments specified in Article 4 of Council Directive 80/215/EEC to be carried out.

(2) If an authorised officer establishes that any consignment of products of animal origin does not meet any animal or public health requirements of legislation relating to the import of those products he may, subject to the following paragraphs, by notice served on the person appearing to him to be in charge of the consignment, prohibit the movement of the consignment except such movement as may be specified in the notice and, either—

(a)order the destruction of those products; or

(b)if public and animal health considerations so permit, give the person on whom the notice was served the choice of destroying those products or using them for such other purpose as may be specified in the notice, including returning them (with the authorisation of the competent authority of the country of the establishment of origin) to that country.

(3) If the only way in which a consignment of products of animal origin fails to comply with the animal or public health requirements of legislation regulating imports of those products is absence of, or irregularity in, documentation, any notice specifying any action under paragraph (2) relating to those products shall grant the consignor thereof a period of 7 days to produce the correct documentation before such action is taken.

(4) In the event of a notice under paragraph (2) not being complied with, an authorised officer may destroy the products of animal origin to which it relates.

(5) The costs of returning any consignment of products of animal origin, storing them, putting them to other uses or destroying them in pursuance of this regulation shall be borne by the consignee thereof, unless destroyed under the provision of paragraph (1), in which case the costs shall be borne by the consignor or his agent.

(6) An authorised officer of a district council exercising any of the powers under this regulation shall forthwith notify the Department of any findings arrived at thereunder, the decisions taken in pursuance of such findings and the reasons for such decisions.

(7) Any notice served under this Regulation shall give details of any right to challenge the decision to do so, including the relevant time limits.