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The Animal Feedingstuffs from Belgium (Control) (Amendment) Regulations (Northern Ireland) 1999

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Citation and commencement

1.  These Regulations may be cited as the Animal Feedingstuffs from Belgium (Control) (Amendment) Regulations (Northern Ireland) 1999 and shall come into operation on 30th June 1999.

Interpretation

2.—(1) In these Regulations “the principal Regulations” means the Animal Feedingstuffs from Belgium (Control) Regulations (Northern Ireland) 1999(1).

(2) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of the principal Regulations

3.  The principal Regulations shall be amended as provided in regulations 4 to 6.

4.  After regulation 2 there shall be inserted the following regulation—

Exemptions

2A.(1) Regulation 3 shall not apply to—

(a)the importation of any controlled entity, if when imported, that controlled entity is accompanied by valid certification relating to it, as specified in paragraph (4);

(b)any subsequent activity in relation to the controlled entity, if it can be proved by the person carrying out the activity that at the time of importation it was so accompanied; or

(c)the return to Belgium, under cover of an official certificate in accordance with Article 3a of Commission Decision 1993/363/EC or, as the case may be, Article 3a of Commission Decision 1999/389/EC, of any controlled entity.

(2) Subject to paragraph (3), regulation 5 shall not apply to any imported controlled entity which is accompanied by valid certification relating to it as specified in paragraph (4).

(3) Article 8(1) of the Order with the modifications set out in regulation 5(2)(a) and (d) and with the omission of the words “and paragraphs (3) to (9) shall apply where, on such an inspection, it appears to the authorised officer that any food fails to comply with food safety requirements” shall apply to a controlled entity mentioned in paragraph (2).

(4) The certification referred to in paragraphs (1)(a) and (b) and (2) is the certification which would have applied to the controlled entity by virtue of the Food (Animal and Animal Products from Belgium) (Emergency Control) Order (Northern Ireland) 1999(3), had that Order extended beyond food and food sources..

5.  In regulation 3—

(a)at the end of paragraph (1)(e) the words “for that purpose” shall be deleted; and

(b)in paragraph (3) after the word “who” there shall be inserted the word “knowingly”.

6.  In regulation 4(2) at the end there shall be added the words “and shall also have, in relation to any business producing material to feed to animals, the same power as an officer of a district council or an officer of a Northern Ireland Department has under that Article in relation to a food business”.

Sealed with the Official Seal of the Department of Agriculture on

L.S.

Liam McKibben

Assistant Secretary

30th June 1999.

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