The Trade in Animals and Related Products Regulations (Northern Ireland) 2011

Enforcement

32.—(1) At a border inspection post these Regulations are enforced—

(a)in relation to animals and genetic material by the Department; and

(b)in relation to products by the Department or the district council as the case may be.

(2) Outside a border inspection post, in relation to animals they are enforced by—

(a)the Department;

(b)otherwise by the district council in its district.

(3) Outside a border inspection post, in relation to genetic material they are enforced by the Department.

(4) Outside a border inspection post, in relation to products they are enforced by—

(a)the district council (except in relation to animal feed, where it is the Department); or

(b)by the Agency at—

(i)any cutting plant, game-handling establishment or slaughterhouse, or

(ii)premises at which the Agency enforces the Food Hygiene Regulations (Northern Ireland) 2006(1).

(5) In addition, in relation to products they are enforced by a general customs official in any place where goods are subject to customs supervision by that official under Articles 37 and 38 of Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code.

(6) The Department may direct, in relation to cases of a particular description or a particular case, that the Department of Agriculture and Rural Development may discharge any duty imposed on a district council under this regulation.

(7) Where an officer of the Department or a district council, when exercising any statutory function, discovers at a point of entry a consignment or product that the officer considers may have been brought in breach of regulation 13, the officer shall seize the consignment or product, or cause the consignment or product to be seized, pending investigation, and any costs incurred shall be at the expense of the person responsible for the consignment or product.

(8) In cases where an officer of a district council who is not an authorised officer for the purposes of these Regulations, when exercising any statutory function, discovers at any place other than a point of entry or a border inspection post, a consignment or product—

(a)in relation to which the officer considers these Regulations may not have been complied with; or

(b)that the officer considers is from a third country and may present a risk to animal or public health,

the officer shall notify an authorised officer and detain the consignment or product until an authorised officer takes charge of it.