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The Charges for Residues Surveillance Regulations (Northern Ireland) 2010

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Liability for and recovery of charges for residues surveillance

3.—(1) In respect of the costs incurred by the Department in carrying out the inspections and controls required by Directive 96/23 on the animals, fish or animal products listed in the first column of the Schedule, it shall, for each animal, fish or animal product so listed, charge the amount specified opposite in the second column of that Schedule.

(2) Any charge under paragraph (1) is payable to the Department, and is recoverable by it on demand as a debt owed to it by the person liable to pay the charge under paragraph (3).

(3) The person liable to pay that charge is—

(a)in relation to any animal other than wild game, the operator of the business slaughtering the animal for sale or supply for human consumption;

(b)in relation to wild game, the operator of the business preparing the carcase of the wild game for sale or supply for human consumption;

(c)in relation to fish, the operator of the business producing the fish;

(d)in relation to milk, the operator of the dairy collecting the milk, or, in the case of milk that is not collected in a dairy before being sold or supplied for human consumption, its producer; and

(e)in relation to eggs, the operator of the business packing the eggs.

(4) Where a person referred to in sub-paragraph (a), (b), (d) or (e) of paragraph (3), (“X”), has paid a charge under that sub-paragraph, X may recover, on demand, a sum equal to that charge as a debt owed to X by any person on whose behalf X slaughtered the animal, prepared the wild game, collected the milk or packed the eggs (as the case may be) in respect of which X made the payment.

(5) In this regulation, “Directive 96/23” means Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC(1) as amended on the date on which these Regulations are made (2).

(1)

O.J. No. L125, 23.5.1996, p. 10

(2)

The last amendment was made by Directive 2006/104/EC (OJ No. L363, 20.12.2006, p. 352)

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