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The Importation of Milk (Scotland) Regulations 1988

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5.  Where, in pursuance of paragraph 4(9)(a) of this Schedule, the decision of the sheriff is sought—

(a)if he is satisfied that the importer has failed to prove that the decision of the authorised officer (under paragraph 2(2) or 3(2) of this Schedule as the case may be) was incorrect, the sheriff shall order the consignment to be destroyed or disposed of under the supervision of an authorised officer by such means and in such manner as to prevent it from being used for human consumption in the United Kingdom;

(b)if he is satisfied that the importer has proved that that decision was incorrect, the sheriff shall order that the notice (under paragraph 2(2) or 3(2) of this Schedule as the case may be) shall no longer have effect and unconditionally authorise the importer to remove the consignment from the designated place.

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