Seizure notices
40.—(1) An inspector must follow the procedures set out in this regulation if, acting under regulation 34, he seizes—
(a)any veterinary medicinal product that does not appear to him to be authorised in the United Kingdom;
(b)any authorised veterinary medicinal product not lawfully supplied in accordance with these Regulations; or
(c)any veterinary medicinal product that has been stored in any way that affects its safety, quality or efficacy.
(2) He shall give to the person appearing to him to be in charge of the veterinary medicinal product a notice (referred to in these Regulations as a “seizure notice”)—
(a)giving the grounds for seizing the product; and
(b)informing him of his rights under this regulation to make a claim, and the address for the service of the claim.
(3) If an inspector is not able to remove products seized under this regulation immediately, he may mark the products in any way that he sees fit, and serve a notice on the person in charge of the products identifying them, and prohibiting the removal of the products from the premises until they are collected by an inspector, and any person other than an inspector who removes products identified under this paragraph from the premises is guilty of an offence.
(4) Any person claiming that the product was not liable to seizure may, within 28 days of the seizure, notify his claim to the Secretary of State at the address specified in the seizure notice, setting out the grounds in full.
(5) If a notification of a claim is not received within 28 days the Secretary of State shall destroy the product.
(6) If a notification of a claim is received within 28 days, the Secretary of State shall either return the goods or take proceedings for an order for the confirmation of the notice and the destruction of the veterinary medicinal product in a magistrates' court (or, in Scotland, the sheriff court), and if the court confirms the notice it shall order its destruction.
(7) The person on whom the seizure notice was served is liable for the costs of destruction.
(8) This regulation applies to additives, premixtures and feedingstuffs specified in Schedule 5 in the same way as it applies to veterinary medicinal products.