The Food (Brazil Nuts) (Emergency Control) (Scotland) Regulations 2003

Disposal of illegal imports

6.  If on an inspection or examination of any Brazil nuts it appears to an authorised officer of a food authority that they have been imported in contravention of regulation 3(1)(a) or (2) the authorised officer may after appropriate consultation with a person appearing to be the importer serve on that person a notice ordering–

(a)the re–dispatch of the Brazil nuts outside the European Community within such reasonable period as shall be specified in the notice; or

(b)where the period specified in a notice issued under sub-paragraph (a) has elapsed and the Brazil nuts have not been re-dispatched, the destruction of the Brazil nuts within such reasonable period as shall be specified in the notice.