Food (Animals and Animal Products from Belgium) (Emergency Control) (No. 3) Order (Northern Ireland) 1999

Application and modification of various provisions of the 1991 Order

5.—(1) Article 8 of the 1991 Order (inspection and seizure of suspected food) shall apply for the purposes of this Order, subject to the following modifications—

(a) paragraphs (1) and (2) shall extend to food and food sources which appear to an authorised officer to come within the definition of “relevant animal or animal product”;

(b) paragraphs (3) to (9) shall apply—

(i) to any food or food source falling within sub-paragraph (a) above as it applies to food which appears to an authorised officer to fail to comply with food safety requirements or to be likely to cause food poisoning or any disease communicable to human beings, and

(ii) to any relevant animal or animal product as if it were food which failed to comply with food safety requirements,

save that where a notice under paragraph (3)(a)(i) is given in relation to a food source, the notice is to relate to food which may come to be derived from the food source, that paragraph (6) shall apply in relation to the destruction or disposal of a food source so as to prevent food which may come to be derived from it from being used for human consumption, and that a justice of the peace shall decline to condemn food or food sources falling within sub-paragraph (a) above under paragraph (6) if and only if it is proved to him that they do not compromise relevant animals or animal products, or that they are to be returned to Belgium as specified in Article 2(1)(c) of this Order.

(2) The following provisions of the 1991 Order shall apply, for the purposes of this Order and any reference in those provisions to the 1991 Order shall be construed for the purposes of this Order as a reference to this Order—

(a) Article 34 (obstruction etc. of officers); and

(b) Article 36(1) (punishment of offences) in so far as it relates to offences under Article 34 as applied by sub-paragraph (a).