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The Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007

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Veterinary checks and official controls

19.—(1) Subject, in the case of transhipped products, to regulation 38, any person required by virtue of regulation 18 to present a product and its required documents, or to ensure that the same are presented to an official veterinary surgeon, shall permit the official veterinary surgeon, or an assistant appointed under to regulation 6(1)(b) or 6(2)(b), to carry out on the product or the required documents, as the case may be—

(a)a documentary check;

(b)an identity check; and

(c)subject to regulations 41, 46 and 52, a physical check,

(d)the official controls referred to in Article 14(1) of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(1)

and shall render the official veterinary surgeon or assistant such assistance as he may reasonably request to enable him to carry out any of the said checks.

(2) Where a product is presented to an official veterinary surgeon under regulation 18, no person may remove it or cause it to be removed from the border inspection post at which it was presented until the official veterinary surgeon has authorised its removal by issuing Part 2 of the common veterinary document for the product or for the consignment which includes the product.

(3) Where a sample of a product is taken in the course of a physical check, pending removal of the product under paragraph (2) the person responsible for the consignment which includes the product must store it under the supervision of the official veterinary surgeon at such a place and under such conditions as the official veterinary surgeon may direct and must pay the costs of such storage.

(4) Where a product has been placed under official detention under Article 18 or 19 of Regulation (EC) No. 882/2004, no person shall remove it from its place of detention.

(5) Where a product has been placed under official detention under Article 19 of Regulation (EC) No. 882/2004 and the official veterinary surgeon—

(a)has served a notice on the person responsible for the product under Article 19(1) of that Regulation; or

(b)considers that product to be injurious to human or animal health under Article 19(2) of that Regulation, the person responsible for the product shall comply with the notice if sub-paragraph (a) applies, or cooperate with the official veterinary surgeon in the destruction or redispatch of the product if sub-paragraph (b) applies.

(6) Any person who is aggrieved by a decision on a consignment made under Article 19 of Regulation (EC) No. 882/2004 may appeal within one month of the decision to a Magistrate’s Court by way of complaint for an order and the Magistrates’ Courts (Northern Ireland) Order 1981(2) applies to the proceedings.

(7) Pending the determination of an appeal under paragraph (6), the person responsible for the product concerned shall ensure that it is stored under the supervision of the official veterinary surgeon at such a place and under such conditions as he may direct by notice.

(1)

O.J.No. L165, 30.4.2004, p.1, as amended by Corrigendum O.J. No.L191, 28.5.2004, p.1

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