The Animal Feedingstuffs from Belgium (Control) (No. 4) Regulations (Northern Ireland) 1999

Application and modification of various provisions of the Order

6.—(1) Article 8 of the Order (inspection and seizure of suspected food) shall apply for the purposes of these Regulations, subject to the modifications set out in paragraph (2).

(2) The modifications of Article 8 of the Order referred to in paragraph (1) are as follows—

(a) paragraphs (1) and (2) shall extend to any creature, product or material which appears to an enforcement officer to come within the definition of “controlled entity” in regulation 2(1); and

(b) paragraphs (3) to (8) shall apply—

(i) to any creature, product or material falling within sub-paragraph (a) as it applies to food which appears to an enforcement 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 controlled entity as if it were food which failed to comply with food safety requirements;

(c) paragraphs (3) to (8) shall also apply as if—

(i) each reference to human consumption was a reference to animal consumption;

(ii) where a notice under paragraph (3)(a)(i) is given in relation to a live creature, the notice is to relate to material which may come to be derived from the live creature;

(iii) paragraph (6) applied in relation to the destruction or disposal of a live creature so as to prevent any material which may come to be derived from it from being used for animal consumption and had effect so that a justice of the peace may only decline to condemn any creature, product or material falling within that paragraph if it is proved to him that it does not comprise a controlled entity or is to be returned to Belgium as specified in regulation 3(1)(c); and

(d) any reference to—

(i) a district council or Northern Ireland Department shall be treated as if it were a reference to the Department;

(ii) an authorised officer shall be treated as if it were a reference to an enforcement officer; and

(e) paragraph (9) shall be omitted.

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

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

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

(c) Article 36(2) in so far as it relates to offences under Article 8 as applied to paragraph (1); and

(d) Article 43 (protection of public analyst acting in good faith).