Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1999

Seizure of illegal goods

17.—(1) Where an inspector has a reasonable suspicion that a consignment of any—

(a) goods described in regulation 3(1), 4(1), 8(1), (4), (7) or (9);

(b) DBES goods;

(c) ECHS goods;

(d) foreign origin export eligible goods;

(e) controlled bovine by-products or foreign origin bovine by-products; or

(f) any part of the vertebral column of a bovine animal,

is illegal, he may require the person in control of any commercial documentation or official 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 mentioned in that paragraph 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(a) give notice that, until the notice is withdrawn, the consignment or part may not be removed or may not be removed except to some place specified in the notice;

(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of it) to such place as may be specified in the notice and kept there at that person’s expense until the notice is withdrawn or an order is made under paragraph (5) or (6); or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 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 and which in the case of food is fit for human consumption; 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 relevant 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 relevant 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), “relevant risk” in respect of a consignment or part of a consignment means the risk that—

(a) in the case of a consignment of any goods of a kind described in—

(i) regulation 3(1), 4(1), 8(4) or (7), the owner will despatch some or all of those goods to another member State or a third country;

(ii) regulation 8(1), the owner will produce goods in contravention of that provision; or

(iii) regulation 8(9), the owner will contravene regulation 6(8) in relation to any of them;

(b) in the case of a consignment of foreign origin export eligible goods, DBES goods or ECHS goods or foreign origin bovine by-products, the owner will despatch some or all of those goods to another member State or a third country;

(c) in the case of a consignment 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

(d) in the case of vertebral column of a bovine animal, the owner will consign some or all of that material in contravention of regulation 8(3).

(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 certificate or commercial documentation accompanying it;

(b) in the case of a consignment of any goods of a kind described in—

(i) regulation 3(1), 4(1), 8(4) or (7), it was brought or consigned in contravention of regulation 3(1), 4(1), 8(4) or (6) above respectively, as the case may be;

(ii) regulation 8(1), it was produced in contravention of that provision; or

(iii) regulation 8(9), there has been a contravention of regulation 8(8) in relation to any of them;

(c) in the case of a consignment of DBES goods or ECHS goods which have undergone a stage of preparation in Northern Ireland—

(i) they were prepared in contravention of any provision of these Regulations relating to the goods; or

(ii) they are being or have been brought, despatched or consigned in contravention of (in the case of DBES goods) regulation 4(4) or (in the case of ECHS goods) regulation 4(3);

(d) in the case of a consignment of DBES goods or ECHS goods which have not undergone a stage of preparation in Northern Ireland—

(i) they were prepared in contravention of any provision of the Great Britain Regulations relating to such goods; or

(ii) they are or have been brought, despatched or consigned in contravention of any of the provisions of the Great Britain Regulations relating to such goods;

(e) in the case of a consignment of foreign origin export eligible goods—

(i) it contains goods prepared in contravention of any provision of these Regulations relating to such goods; or

(ii) it contains goods which are being or have been brought, despatched or consigned in contravention of regulation 5(1) or 8(5);

(f) in the case of a consignment of controlled bovine by-products, it contains goods produced in contravention of regulation 6 or 7; or

(g) in the case of vertebral column of a bovine animal, the material is not consigned in an impervious container clearly labelled in accordance with regulation 8(3).