Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998

Consignments posing a risk to health and illegal consignments

24.—(1) Subject to paragraphs (2) and (3), where checks at the border inspection post reveal that a consignment of products of animal origin does not comply with any animal or public health requirements of legislation relating to the import of those products or, in the opinion of an official veterinary surgeon, otherwise constitutes a risk to animal or public health, an authorised officer, after consulting the importer, shall have power to serve on the importer or his representative a notice—

(a) permitting the use of the products for purposes other than human consumption if this is authorised under provisions made pursuant to Article 16(2) of Directive 90/675;

(b) ordering the re-despatch of the consignment to a third country; or

(c) ordering the destruction of the consignment.

(2) Subject to paragraph (3), where products of animal origin do not comply with any animal or public health requirements of legislation relating to the import of those products but are intended for re-export, the importer may, with the authorisation in writing of the official veterinary surgeon, move the products for storage in a free zone or free warehouse and store them there provided that—

(a) they correspond with their accompanying documents;

(b) they are stored in rooms separate from rooms in which are stored products which are or are intended to be in free circulation in the European Communities;

(c) they are not released except for re-export to a third country in accordance with Article 12 of Directive 90/675;

(d) the importer has produced to the person operating the free zone or free warehouse evidence that the Department or district council does not oppose the introduction thereto of these products;

(e) the official veterinary surgeon for the border inspection post of importation has specified the fact of the movement or storage of the products on the accompanying veterinary certificates or documents;

(f) any means used for the movement on land of the products is cleansed and disinfected to the satisfaction of the Department or district council in which the zone or warehouse is situated before being used for further movement of products of animal origin;

(g) while they are there, they do not undergo any transformation other than dividing up the consignment.

(3) In the case of fishery products and live bivalve molluscs or other shellfish, the powers of the official veterinary surgeon under paragraph (1) shall be exercised by an authorised officer of the district council who shall consult as he considers appropriate.

(4) In the event of a notice under paragraph (1) not being complied with, an authorised officer may destroy the consignment to which it relates.

(5) Where a person serves any notice under paragraph (1) he shall state therein the reasons for doing so.

(6) Any notice served under paragraph (1) shall give details of any right to challenge the decision to do so, including the relevant time limits.

(7) The importer of any consignment of products of animal origin shall be liable for any costs incurred under this regulation in relation thereto.