Imported Food Regulations (Northern Ireland) 1997

Examination of food by a district council

6.—(1) Where an authorised officer is of the opinion that he should examine for the purposes of these Regulations a batch, lot or consignment of food which is in or due to arrive in the district of his district council, any person importing the food shall provide all such facilities as the authorised officer may reasonably require for the examination of the food.

(2) An authorised officer who considers that a sample of any food which he proposes to examine or is examining for the purposes of these Regulations should be procured may, by a notice in writing given to—

(a) any person importing the food; or

(b) any other person in possession of the food who is entitled to be in possession of it (other than an officer of Customs and Excise),

require that, once he has procured the sample, the food shall not be removed from the place specified in the notice for a specified period not exceeding six days exclusive of Saturdays, Sundays and public holidays, unless the authorised officer’s examination of the food (a process which may include submitting a sample of the food to be analysed by a public analyst or examined by a food examiner) has been completed.

(3) After a notice has been given to a person under paragraph (2) forbidding the removal of specified food, an authorised officer of the district council responsible for the notice shall, without undue delay and in any event within the period specified in the notice, complete the examination of the food in respect of which the notice was given.

(4) Where an authorised officer has given a person a notice under paragraph (2) forbidding the removal of specified food, that food shall not, prior to the completion of the examination of it by an authorised officer, be removed by any person contrary to the terms of the notice except with the express written permission of—

(a) an authorised officer of the district council which is responsible for the notice; or

(b) if the food is under customs charge, an officer of Customs and Excise.

(5) An officer of Customs and Excise shall, before giving any person written permission to remove any food which is the subject of a notice under paragraph (2), inform an authorised officer of the district council responsible for the notice of his intention to do so.

(6) Any person who is aggrieved by a decision to serve a notice under paragraph (2) may appeal against that notice to a court of summary jurisdiction which may order that the notice be withdrawn or that such shorter period be fixed for examination of the food as appears to be reasonable in the circumstances.