The Feeding Stuffs (Safety Requirements for Feed for Food–Producing Animals) Regulations 2004

Inspection, seizure and detention of suspected animal feedE+W+S

6.—(1) An inspector may at all reasonable times inspect any material which —

(a)has been placed on the market for use as feed;

(b)is in the possession of, or has been deposited with or consigned to, any person for the purpose of placing on the market or of preparation for placing on the market for use as feed; or

(c)is in the possession of, or has been deposited with or consigned to, any person for the purpose of feeding to any food-producing animal,

and paragraphs (2) to (8) shall apply where, on such an inspection, or upon analysis of samples taken, it appears to him that the material fails to comply with the feed safety requirements set out in Article 15.

(2) The inspector may either —

(a)give notice to the person in charge of the material that, until the notice is withdrawn, the material or any specified portion of it —

(i)is not to be used as feed; and

(ii)either is not to be removed or is not to be removed except to some place specified in the notice; or

(b)seize the material in order to have it dealt with by a justice of the peace,

and any person who knowingly contravenes the requirements of a notice under sub–paragraph (a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Where the inspector exercises the powers conferred by paragraph 2(a), he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the material complies with the feed safety requirements set out in Article 15 and —

(a)if he is so satisfied, shall forthwith withdraw the notice;

(b)if he is not so satisfied shall proceed to have the matter dealt with by a justice of the peace under paragraph (5).

(4) Where the inspector exercises the powers conferred by paragraph 2(b) or takes action under paragraph 3(b), he shall inform the person in charge of the material of his intention to have it dealt with by a justice of the peace and —

(a)any person who might be liable under the provisions regulation 3 and of Article 15.1 to a prosecution in respect of the material shall, if he attends before the justice of the peace by whom the material falls to be dealt with, be entitled to be heard and to call witnesses; and

(b)that justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under those provisions in relation to that material.

(5) If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any material falling to be dealt with by him under this regulation fails to comply with the feed safety requirements set out in Article 15 then he shall condemn the material and order —

(a)the material to be destroyed or to be so disposed of as to prevent it from being used as food for human consumption, or for feed for food-producing animals; and

(b)any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the feed business operator.

(6) If a notice under paragraph 2(a) is withdrawn, or the justice of the peace by whom any material falls to be dealt with under this regulation refuses to condemn it, the enforcement authority shall compensate the owner of the material for any depreciation in its value resulting from the action taken by the inspector.

(7) Any disputed question as to the right or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.

(8) In the application of this regulation to Scotland —

(a)any reference to a justice of the peace includes a reference to the sheriff and to a magistrate;

(b)paragraph 4(b) shall not apply;

(c)any reference in paragraph (7) to determination by arbitration shall be construed as a reference to determination by a single arbiter appointed, failing agreement between the parties, by the sheriff.