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Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) Regulations (Northern Ireland) 2002

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Application of various provisions of the Order

5.—(1) 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 as a reference to these Regulations –

(a)Article 19 (offences due to fault of another person);

(b)Article 34 (obstruction, etc., of officers); and

(c)Article 36 (punishment of offences) in so far as it relates to offences under Article 34(1) and (2) as applied by sub-paragraph (b).

(2) Subject to paragraph (3), Article 8 of the Order (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows –

8.(1) An authorised officer of the Department or of a district council may at all reasonable times inspect any relevant product of animal origin which –

(a)has been sold or is offered or exposed for sale; or

(b)is in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale.

(2) Paragraphs (3) to (8) shall apply where, whether or not on an inspection carried out under paragraph (1), it appears to an authorised officer of the Department or of a district council that any relevant product of animal origin has been imported in contravention of regulation 3(1) of the Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) Regulations (Northern Ireland) 2002.

(3) The authorised officer may either –

(a)give notice to the person in charge of the product that, until the notice is withdrawn, the product or any specified portion of it –

(i)is not to be used for human consumption or, as the case may be, put to animal food use, and

(ii)either is not to be removed or is not to be removed except to some place specified in the notice; or

(b)seize the product and remove it in order to have it dealt with by a justice of the peace;

and any person who knowingly contravenes the requirements of a notice under sub-paragraph (a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Where the authorised officer exercises the powers conferred by paragraph (3)(a), he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the product has not been imported in contravention of regulation 3(1) of the aforesaid Regulations and –

(a)if he is so satisfied, shall forthwith withdraw the notice;

(b)if he is not so satisfied, shall seize the product and remove it in order to have it dealt with by a justice of the peace.

(5) Where an authorised officer exercises the powers conferred by paragraph (3)(b) or (4)(b), he shall inform the person in charge of the product of his intention to have it dealt with by a justice of the peace and –

(a)any person who under regulation 3(3) of the aforesaid Regulations might be liable to a prosecution in respect of the product shall, if he attends before the justice of the peace by whom the product falls to be dealt with, be entitled to be heard and to call witnesses; and

(b)that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence consisting of a contravention of regulation 3(1) of the aforesaid Regulations in relation to that product.

(6) If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any product failing to be dealt with by him under this Article has been imported in contravention of regulation 3(1) of the aforesaid Regulations, he shall condemn the product and order –

(a)the product to be destroyed or to be so disposed of as to prevent it from being used for human consumption or, as the case may be, put to animal feed use; and

(b)any expenses reasonably incurred in connection with the destruction or disposal to be charged to the consignor, consignee or agent of the product under Article 4 of the Commission Decision.

(7) If a notice under paragraph (3)(a) is withdrawn, or the justice of the peace by whom any product fails to be dealt with under this Article refuses to condemn it, the Department or the district council shall compensate the owner of the product for any depreciation in its value resulting from the action taken by the authorised officer.

(8) Any disputed question as to the right to or the amount of any compensation payable under paragraph (7) shall be determined by a single arbitrator appointed, failing agreement between the parties, by the Department of Health, Social Services and Public Safety; and the provisions of the Arbitration Act 1996(1) shall apply accordingly..

(3) The expressions “relevant product of animal origin”, “for human consumption” and “animal feed use”, which are used in Article 8 of the Order so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.

(4) Articles 2(4) and 3 of the Order (extended meaning of “sale” etc.) shall apply in relation to Article 8 of the Order so far as it applies for the purposes of these Regulations by virtue of paragraph (2).

(5) Article 29 of the Order (procurement of samples) shall apply for the purposes of these Regulations with the modifications that –

(a)for paragraph (b)(ii) there shall be substituted the following provision –

(ii)is found by him on or in any premises which he is authorised to enter in pursuance of regulation 4(2)(b)(ii) of the Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) Regulations (Northern Ireland) 2002;;

(b)paragraph (c) shall be omitted; and

(c)for “any of the provisions of this Order or of regulations or orders made under it” in paragraph (d) there shall be substituted “the Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) Regulations (Northern Ireland) 2002”.

(6) An authorised officer of the Department or of a district council who has procured a sample under Article 29 of the Order as applied for the purposes of these Regulations by paragraph (5), shall, if he considers that the sample should be analysed, submit it for analysis at a laboratory having facilities which are adequate for the purpose of enabling the chemical tests required by Article 3.1 of the Commission Decision to be carried out there.

(7) A sample submitted pursuant to paragraph (6) shall be analysed as soon as practicable by an analyst at the laboratory to which it is submitted.

(8) An analyst who analyses a sample in accordance with paragraph (7) may demand in advance the payment of such reasonable fee as he may require.

(9) An analyst who has analysed a sample in accordance with paragraph (7) shall give to the person by whom it was submitted a certificate specifying the result of the analysis.

(10) A certificate given by an analyst under paragraph (9) shall be signed by him, but the analysis may be made by any person acting under his direction.

(11) In any proceedings under these Regulations, the production by one of the parties of –

(a)a document purporting to be a certificate given by an analyst under paragraph (9); or

(b)a document supplied by him to the other party as being a copy of such a certificate,

shall be sufficient evidence of the facts stated in it unless, in a case falling within sub-paragraph (a), the other party requires that the analyst shall be called as a witness.

(12) Where a sample procured under Article 29 of the Order as applied for the purposes of these Regulations by paragraph (5) has been analysed in accordance with paragraph (7), the owner shall be entitled on request to be supplied with a copy of the certificate of analysis by the Department or the district council.

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