The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007

Powers of entry and inspection

8.—(1) An official veterinary surgeon, official fish inspector or authorised officer may–

(a)enter any border inspection post or other land or premises and inspect the same and anything in or on it, but admission to any premises used only as a dwelling-house must not be demanded as of right unless 24 hours' written notice of the intended entry has been given to the occupier;

(b)open any bundle, package, packing case, or item of personal luggage, or require any person in possession of or accompanying the same to open it;

(c)inspect the contents of any bundle, package, packing case or item of personal luggage opened under sub-paragraph (b);

(d)inspect any product, including its packaging, seals, marking, labelling and presentation, and any plant or equipment used for or in connection with any product;

(e)take samples of any product for laboratory tests, for checking against any relevant document relating to the product or otherwise for checking compliance with the import conditions.

(2) Where an official veterinary surgeon, official fish inspector or authorised officer–

(a)has carried out any of the activities listed in paragraph (1); and

(b)is satisfied that further checks need to be carried out,

the official veterinary surgeon, official fish inspector or authorised officer (as the case may be) may serve a notice in writing on the person appearing to have charge of the consignment, requiring that the consignment or part consignment be stored under the supervision of the official veterinary surgeon, official fish inspector or authorised officer (as the case may be) at such place and under such conditions as may be directed in the notice, until the official veterinary surgeon, official fish inspector or authorised officer (as the case may be) serves a further notice in writing that the same may be removed.

(3) The costs of the storage referred to in paragraph (2) must be paid by the person responsible for the consignment.

(4) An official veterinary surgeon, official fish inspector or authorised officer entering any land or premises under paragraph 1(a) may be accompanied by other persons acting under the instructions of the official veterinary surgeon, official fish inspector or authorised officer, as the case may be, and, unless the official veterinary surgeon, official fish inspector or authorised officer is entering premises used only as a dwelling house, by–

(a)a representative of the European Commission; and

(b)a representative of the authorities of a third country, appointed and acting in accordance with the provisions of one of the equivalence decisions listed in Schedule 2.