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The Contaminants in Food Regulations (Northern Ireland) 2004

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Re-dispatch or destruction of imported food that does not comply with these Regulations

8.—(1) If it appears to an authorised officer that any food contravenes regulation 3(a)(i) or (b)(i) and has been imported into Northern Ireland he may after appropriate consultation with a person appearing to him to be the importer of the food serve on that person a notice requiring –

(a)the re-dispatch of the food to a country other than a member State within such reasonable period as shall be specified in the notice; or

(b)(where such re-dispatch would in his opinion involve serious risks to human health) the destruction of the food within such reasonable period as shall be so specified.

(2) The notice served under paragraph (1) shall state –

(a)the right of appeal to a court of summary jurisdiction; and

(b)the period within which such an appeal may be brought.

(3) Any person who is aggrieved by the decision of an authorised officer to serve a notice under paragraph (1) may appeal to a court of summary jurisdiction, which shall determine whether or not the notice should be upheld or set aside.

(4) The period within which such an appeal as is mentioned in paragraph (3) may be brought shall be 5 days, exclusive of Saturdays, Sundays and Public Holidays, from the date on which notice of the decision was served.

(5) The procedure on an appeal to a court of summary jurisdiction under paragraph (3) shall be by way of notice under Part VII of the Magistrates' Courts (Northern Ireland) Order 1981(1).

(6) If the court allows an appeal brought under paragraph (3) the district council shall compensate the owner of the food concerned for any depreciation in its value resulting from the action taken by the authorised officer.

(7) Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by a single arbitrator appointed, failing agreement between the parties, by the Department; and the provisions of the Arbitration Act 1996 shall apply accordingly.

(8) Any person who breaches the terms of a notice served under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(9) This regulation is subject to regulation 9.

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