Seizure of illegal goods
12.—(1) Where an inspector has a reasonable suspicion that a consignment of any—
(a)goods described in regulation 3(1) to (3) or 5(4) or (5);
(b)eligible goods;
(c)relevant goods;
(d)controlled bovine by-products; or
(e)materials described in regulation 5(3),
is illegal, he may require the person in control of any documentation or health certificate accompanying the consignment to deliver that documentation or certificate, and any copies, to him on demand.
(2) Where an inspector exercises the power conferred on him by paragraph (1) in relation to any consignment or any part of a consignment or where he otherwise suspects that any consignment or part of a consignment may be illegal, he may—
(a)give notice that, until the notice is withdrawn, the consignment or part may not be removed or may not be removed except to some place specified in the notice; or
(b)give notice that that consignment or part must be removed (at the expense of the person who is, or appears to be, in control of it) to such place as may be specified in the notice; or
(c)seize that consignment or part and remove it in order to have it dealt with by a justice of the peace.
(3) Where an inspector exercises the power conferred by paragraph (2) in relation to a consignment or part of a consignment, he shall as soon as is reasonably practicable, and in any event within 21 days, determine whether he is satisfied that the consignment or part is not illegal and—
(a)if he is so satisfied he shall return any health certificate or commercial documentation which has been delivered to him, withdraw any notice given pursuant to paragraph (2)(a) relating to the consignment or part and return anything which he has seized; or
(b)if he is not so satisfied, he shall inform the person in charge of the consignment or part of his intention to have it dealt with by a justice of the peace.
(4) Any person who may be liable for prosecution under these Regulations in respect of a consignment or part of a consignment which is intended to be dealt with by a justice of the peace in pursuance of this regulation shall be entitled to attend before the justice of the peace by whom the matter falls to be dealt with and shall be entitled to be heard and to call witnesses.
(5) If it appears to a justice of the peace, on the basis of such evidence as he considers to be appropriate in the circumstances, that a consignment or part of a consignment is illegal, he shall, where he is satisfied that there is a despatch risk in respect of the consignment or part if it is returned to the owner, order—
(a)the consignment or part to be destroyed or otherwise disposed of so as to prevent it from being despatched to another member State or a third country; and
(b)any expenses reasonably incurred in connection with such destruction or disposal and (where the consignment or part was seized pursuant to paragraph (2)(c)) in connection with storage prior to destruction, to be defrayed by the owner of the consignment.
(6) Where a justice of the peace is satisfied that there is no despatch risk in respect of a consignment or part of a consignment if it is returned to the owner, he shall order the consignment or part to be so returned.
(7) For the purposes of paragraphs (5) and (6), “despatch risk” in respect of a consignment or part of a consignment means the risk that—
(a)in the case of a consignment or part of any goods described in regulation 3(1) to (3) or 5(4) or (5) or any relevant or eligible goods, the owner will despatch some or all of those goods to another member State or a third country;
(b)in the case of a consignment or part of controlled bovine by-products, the owner will use some or all of those by-products in any product liable to enter the human food chain or animal feed chain or in any cosmetic, medical or pharmaceutical product; or
(c)in the case of a consignment or part of materials described in regulation 5(3), the owner will consign some or all of that material to any establishment registered under regulation 4(2).
(8) For the purposes of this regulation, a consignment or part of a consignment is “illegal” if—
(a)it is falsely described on its packaging, wrapping, label or any container in which it is placed, or in any health certificate or commercial documentation accompanying it;
(b)in the case of a consignment or part of any goods described in regulation 3(1) to (3) or 5(4) or (5), it was brought to a place in Northern Ireland for despatch in contravention of those provisions;
(c)in the case of a consignment or part of eligible goods they were produced or despatched in contravention of regulation 3(7);
(d)in the case of a consignment or part of relevant goods, they were produced or despatched in contravention of regulation 3(8);
(e)in the case of a consignment or part of controlled bovine by-products, it was produced in contravention of regulation 4(1); or
(f)in the case of a consignment or part of materials described in regulation 5(3), it was not consigned in an impervious container clearly labelled in accordance with that paragraph.