The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Regulations 2001 (revoked)

Scottish Statutory Instruments

2001 No. 186

ANIMALS

ANIMAL HEALTH

The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Regulations 2001

Made

18th May 2001

Laid before the Scottish Parliament

22nd May 2001

Coming into force

18th May 2001

The Scottish Ministers in exercise of the powers conferred by section 2(2) of the European Communities Act 1972M1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Marginal Citations

M1 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

Citation, commencement, extent and cessation S

1.—(1) These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Regulations 2001 and shall come into force at 8.00 p.m. on 18th May 2001.

(2) These Regulations extend to Scotland only.

(3) These Regulations shall remain in force until [F1 midnight on 30th September 2001].

Textual Amendments

F1 Words in reg. 1(3) substituted (20.7.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 2) Regulations 2001 (S.S.I. 2001/271), regs. 1(1), 2(2)

Interpretation S

2.—(1) In these Regulations, unless the context otherwise requires–

• [F2 “the Decision” means Commission Decision 2001/365/EC of 4th May 2001 (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Commission Decision 2001/172/EC of 1st March 2001) , as amended by Commission Decision 2001/372/EC, Commission Decision 2001/415/EC, Commission Decision 2001/430/EC, Commission Decision 2001/437/EC, Commission Decision 2001/518/EC, and Commission Decision 2001/547/EC;]

• [F3 “dispatch” means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;]

• [F4 “export” means export outside the British Islands and includes consigning for export, and “exporting” and “exported” shall be construed accordingly];

• “inspector” means a person appointed to be an inspector for the purposes of these Regulations, the Products of Animal Origin (Import and Export) Regulations 1996 M2 or the Animals and Animal Products (Import and Export) (Scotland) Regulations 2000 M3 by the Scottish Ministers or a local authority, and when used in relation to a person so appointed by the Scottish Ministers, includes a veterinary inspector;

• “HACCP” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M4 ;

• “meat products” means meat products as defined in Article 2 of Council Directive 77/99/EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin) M5 ;

• “milk” and “milk products” have the meaning given in Article 2 of Council Directive 92/46/EC (laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products) M6 .

• [F5 “restricted area” means the British Islands other than Northern Ireland and the Isle of Man.]

(2) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000 M7 , which has been recorded and is consequently capable of being reproduced.

(3) Any reference in these Regulations–

(a) to a numbered regulation is a reference to the regulation so numbered in these Regulations; and

to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which it occurs.

(4) Unless the context otherwise requires any reference in these Regulations (or in a certificate required by virtue of these Regulations) to Commission Decision 2001/172/EC shall be construed as a reference to the Decision.

Textual Amendments

F2 Words in reg. 2 substituted (20.7.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 2) Regulations 2001 (S.S.I. 2001/271), regs. 1(1), 2(3)(a)

F3 Words in reg. 2 substituted (20.7.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 2) Regulations 2001 (S.S.I. 2001/271), regs. 1(1), 2(3)(b)

F4 Words in reg. 2 substituted (20.7.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 2) Regulations 2001 (S.S.I. 2001/271), regs. 1(1), 2(3)(c)

F5 Words in reg. 2 inserted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(3)(d)

Marginal Citations

M2 S.I. 1996/3124.

M3 S.S.I. 2000/216.

M4 1994 c.39.

M5 O.J. No. L 26, 31.1.77, p.85 as last amended by Directive 92/45/EEC (O.J. No. L 268, 14.9.92, p.35).

M6 O.J. No. L 268, 14.9.92, p.1 as last amended by Council Directive 94/71/EC (O.J. No. L 368, 31.12.94, p.33).

M7 2000 c.7.

Import and export of live animals S

3.—(1) No person shall [F6 dispatch] any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.

(2) By way of derogation from the preceding paragraph, the Scottish Ministers may by licence in writing authorise the [F6 dispatch] of biungulate animals originating outside the [F7 restricted area] if the animals travelled through the [F7 restricted area] in direct and uninterrupted transit on main roads or by rail or sea.

(3) No person shall import any live animal or species susceptible to foot-and-mouth disease into Scotland from another member State.

Textual Amendments

F6 Word in reg. 3(1)(2) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F7 Words in reg. 3(2) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(5)

Export of fresh meat S

4.—(1) No person shall [F8 dispatch] any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate [F9 coming from the restricted area or obtained from animals originating in that area].

(2) The prohibition in paragraph (1) shall not apply in relation to–

(a) fresh meat, minced meat or meat preparations obtained before 1st February 2001, provided that the meat, minced meat or meat preparations is clearly identified and since that date has been transported and stored separately from meat, minced meat or meat preparations which is not destined for dispatch F10 ...;

(b) fresh meat obtained from cutting plants under the following conditions:–

(i) the only meat processed in the establishment is fresh meat described in sub-paragraph (a) above or fresh meat from animals reared and slaughtered outside the [F11 restricted area];

(ii) all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin M8 ) or, in the case of meat from biungulates to which that Directive does not apply, the health mark provided for in Chapter III of Annex I to Council Directive 91/495/EEC (concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat M9 );

(iii) the plant is operated under strict veterinary control; and

(iv) the meat is clearly identified and transported and stored separately from meat which is not destined for [F12 dispatch];

(c) minced meat and meat productions obtained from establishments approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 M10 under the following conditions:–

(i) the only meat processed in the establishment is fresh meat described in sub-paragraph (a) above or fresh meat from animals reared and slaughtered outside the [F13 restricted area];

(ii) all the minced meat and meat preparations must bear the health mark in accordance with Chapter VI of Annex 1 to Council Directive 94/65/EC M11 (laying down the requirements for the production and placing on the market of minced meat and meat preparations);

(iii) the plant is operated under strict veterinary control; and

(iv) the meat, minced meat and meat preparations are clearly identified and transported and stored separately from meat, minced meat and meat preparations which are not destined for [F14 dispatch].

(3) Meat, minced meat or meat preparations consigned to another member State shall be accompanied by an official certificate prepared on behalf of the Scottish Ministers which bears the following words:–

“Meat conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.

(4) In paragraph (1), the reference to “fresh meat” includes minced meat and meat preparations to which Council Directive 94/65/EC applies.

Textual Amendments

F8 Word in reg. 4(1) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F9 Words in reg. 4(1) inserted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(6)(a)

F10 Words in reg. 4(2)(a) omitted (19.6.2001 at 8.00 p.m.) by virtue of The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(6)(b)

F11 Words in reg. 4(2)(b)(i) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(5)

F12 Word in reg. 4(2)(b)(iv) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F13 Words in reg. 4(2)(c)(i) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(5)

F14 Word in reg. 4(2)(c)(iv) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

Marginal Citations

M8 O.J. No. 121, 27.9.1964, p.2012/64; Directive updated by Directive 91/497/EEC (O.J. No. L 268, 24.9.1991, p.69) as last amended by Directive 95/23/EC (O.J. No. L 243, 11.10.1995, p.7).

M9 O.J. No. L 268, 24.9.1991, p.41 as last amended by Council Directive 1994/65/EC (O.J. No. L 368, 31.12.1994, p.10).

M10 S.I. 1995/3205 amended in respect of Scotland by S.S.I. 1996/3124, and 2000/62, 171 and 288.

M11 O.J. No. L 368, 31.12.94, p.10.

Export of meat products S

5.—(1) No person shall [F15 dispatch] meat products of animals of the bovine, ovine, caprine, or porcine species or any other biungulate coming from the [F16 restricted area or prepared using meat obtained from animals originating in that area].

(2) The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products) M12 , or to meat products as defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6 or to meat products heat treated in hermetically sealed containers so as to ensure that they are shelf stable.

(3) The prohibition in paragraph (1) shall not apply to–

(a) meat products prepared before 1st February 2001 provided that the meat products are clearly identified and since that date have been transported and stored separately from meat products which are not destined for [F17 dispatch]; or

(b) meat products prepared in establishments under the following conditions:–

(i) all fresh meat used in the establishment must conform to the conditions in regulation 4(2);

(ii) all meat products used in the final product must conform to the conditions in sub-paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside the [F18 restricted area];

(iii) all meat products must bear the health mark in accordance with Chapter VI of Annex B to Directive 77/99/EEC;

(iv) the establishment must be operated under strict veterinary control; and

(v) the meat products must be clearly identified and transported and stored separately from meat and other meat products which are not destined for [F19 dispatch].

[F20 (c) meat products prepared in parts of the United Kingdom outside the restricted area using meat obtained before 1st February 2001 from the restricted area provided that the meat and meat products are clearly identified and transported and stored separately from meat and meat products not destined for dispatch.]

(4) Meat products consigned to another member State shall be accompanied by an official certificate prepared on behalf of the Scottish Ministers which bears the following words:–

“Meat products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.

(5) Paragraph (4) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.

(6) Paragraph (4) shall not apply to meat products heat treated in hermetically sealed containers so as to ensure that they are shelf stable, if the meat products are accompanied by a commercial document stating the heat treatment applied.

Textual Amendments

F15 Word in reg. 5(1) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F16 Words in reg. 5(1) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(7)(a)

F17 Word in reg. 5(3)(a) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F18 Words in reg. 5(3)(b)(ii) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(5)

F19 Word in reg. 5(3)(b)(v) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F20 Reg. 5(3)(c) inserted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(7)(b)

Marginal Citations

M12 O.J. No. L 47, 21.2.80, p.4.

Export of milk S

6.—(1) No person shall [F21 dispatch] milk.

(2) The prohibition in paragraph (1) shall not apply to milk which has been subjected to at least–

(a) an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC (laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 1989/662/EEC and, as regards pathogens, to Directive 1990/425/EEC) M13 followed by a second heat treatment by high temperature pasteurisation, UHT, sterilization so as to produce a negative reaction to the peroxidase test or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or

(b) an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC, combined with the treatment by which the pH is lowered below 6 and held there for at least one hour.

(3) The prohibition in paragraph (1) shall not apply in relation to milk prepared in establishments F22 ... under the following conditions:–

(a) all milk used in the establishment must either conform to the conditions of paragraph (2) or be obtained from animals outside the [F23 restricted area];

(b) the establishment must be operated under strict veterinary control;

(c) the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for [F24 dispatch]; and

(d) transport of raw milk from the [F25 restricted area] to the establishment must be carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings [F26 in] the [F25 restricted area] keeping animals of species susceptible to foot-and-mouth disease.

(4) Milk consigned to another member State shall be accompanied by an official certificate prepared on behalf of the Scottish Ministers which bears the following words:–

“Milk conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.

(5) Paragraph (4) shall not apply to milk which conforms to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.

(6) Paragraph (4) shall not apply to milk which conforms to the requirements of paragraph (2) and has been heat treated in hermetically sealed containers so as to ensure that it is shelf stable, if the milk is accompanied by a commercial document stating the heat treatment applied.

Textual Amendments

F21 Word in reg. 6(1) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F22 Words in reg. 6(3) omitted (19.6.2001 at 8.00 p.m.) by virtue of The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(8)(a)

F23 Words in reg. 6(3)(a) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(5)

F24 Word in reg. 6(3)(c) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F25 Words in reg. 6(3)(d) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(5)

F26 Word in reg. 6(3)(d) inserted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(8)(b)

Marginal Citations

M13 O.J. No. L 62, 15.3.93, p.49, as last amended by Commission Decision 1999/724/EC (O.J. No. L 290, 12.11.1999, p. 32)

Export of milk products S

7.—(1) No person shall [F27 dispatch] milk products.

(2) The prohibition in paragraph (1) shall not apply in relation to–

(a) milk products produced before 1st February 2001;

(b) milk products prepared from milk which complies with paragraphs (2) or (3) of regulation 6;

(c) milk products subjected to heat treatment at a temperature of at least 72°C for 15 seconds or an equivalent treatment; and

(d) milk products destined for [F28 dispatch] to a third country where import conditions permit such products to be subject to treatment other than laid down in these Regulations.

[F29 (e) milk products prepared in parts of the United Kingdom outside the restricted area using milk obtained before 1st February 2001 from the restricted area provided that the milk products are clearly identified and transported and stored separately from milk products not destined for dispatch.]

(3) The prohibitions in paragraph (1) shall not apply to milk products prepared in establishments under the following conditions:–

(a) all milk used in the establishment will either conform to the conditions of regulation 6(2) or be obtained from animals outside the [F30 restricted area];

(b) all milk products used in the final product will either conform to the conditions of paragraph (2)(a), (b) or (c) or be made from milk obtained from animals outside the [F30 restricted area];

(c) the establishment shall be under strict veterinary control; and

(d) the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for [F31 dispatch].

(4) Milk products consigned to another member State shall be accompanied by an official certificate prepared on behalf of the Scottish Ministers which bears the following words:–

“Milk products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.

(5) Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2)(a), (b) or (c) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.

(6) Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2) and have been heat treated in hermetically sealed containers so as to ensure that they are shelf stable, if the milk products are accompanied by a commercial document stating the heat treatment applied.

Textual Amendments

F27 Word in reg. 7(1) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F28 Word in reg. 7(2)(d) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F29 Reg. 7(2)(e) inserted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(9)

F30 Words in reg. 7(3)(a)(b) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(5)

F31 Word in reg. 7(3)(d) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

Export of semen, etc. S

8.—(1) No person shall [F32 dispatch] semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.

(2) The prohibition in paragraph (1) shall not apply in relation to frozen bovine semen and embryos[F33 –

( a) produced before 1st February 2001; or

(b) imported into the United Kingdom in accordance with the conditions laid down in Council Directives 88/407/EEC and 89/556/EEC respectively, and which since introduction into the United Kingdom have been stored and transported separately from semen and embryos to which the prohibition in paragraph (1) applies.]

(3) The health certificate provided for in Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species) M14 accompanying frozen bovine semen consigned to another member State shall bear the following words:–

“Frozen bovine semen conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.

(4) The health certificate provided for in Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species) M15 accompanying bovine embryos consigned to another member State shall bear the following words:–

“Bovine embryos conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.

Textual Amendments

F32 Word in reg. 8(1) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F33 Words in reg. 8(2) substituted (19.6.2001 at 8.00 p.m.) by virtue of The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(10)

Marginal Citations

M14 O.J. No. L 194, 22.7.88, p.10.

M15 O.J. No. L 302, 19.10.89, p.11.

Export of hides and skins S

9.—(1) No person shall [F34 dispatch] hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.

(2) The prohibition in paragraph (1) shall not apply in relation to hides and skins which were produced before 1st February 2001 or which conform to the requirements of paragraph 1A indents 2 to 5 or paragraph 1B, indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC if treated hides and skins are separated effectively from untreated hides and skins.

(3) The hides and skins consigned to another member State must be accompanied by an official certificate prepared on behalf of the Scottish Ministers stating–

“Hides and skins conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.

(4) Paragraph (3) shall not apply to hides and skins which conform to the requirements of either–

(a) paragraph 1A indents 2 to 5 of Chapter 3 of Annex 1 to Council Directive 92/118/EEC; or

(b) paragraph 1B indents 3 and 4 of Chapter 3 to Annex I to Council Directive 92/118/EEC,

if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b) above) in accordance with regulation 12.

Textual Amendments

F34 Word in reg. 9(1) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

Export of animal products S

10.—(1) No person shall [F35 dispatch] animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations, produced after 1st February 2001.

(2) No person shall [F35 dispatch] dung or manure.

(3) The prohibition in paragraph (1) shall not apply in relation to–

(a) animal products which have been subject to–

(i) heat treatment in a hermetically sealed container with a Fo value of 3.00 or more; or

(ii) heat treatment in which the centre temperature is raised to at least 70°C;

(b) blood and blood products as defined in Chapter 7 of Annex I to Council Directive 92/118/EEC which have been subjected to–

(i) heat treatment at a temperature of 65°C for at least three hours followed by an effectiveness check;

(ii) irradiation at 2.5 megarads or gamma rays followed by an effectiveness check;

(iii) change of pH to pH5 or lower for at least two hours, followed by an effectiveness check; or

(iv) a treatment provided for in Chapter 4 of Annex I to Directive 92/118/EEC;

(c) lard and rendered fats which have been subject to the heat treatment prescribed in paragraph 2(A) of Chapter 9 of Annex I to Council Directive 92/118/EEC;

(d) animal casings to which the provisions of paragraph B Chapter 2 of Annex I to Council Directive 92/118/EEC apply adapted as necessary to suit the case;

(e) sheep wool, ruminant hair and pigs’ bristles which have undergone factory washing or have been obtained from tanning unprocessed sheep wool, ruminant hair and pigs’ bristles which are securely enclosed in packaging and dry;

(f) semi-moist and dried petfood conforming to the requirements of paragraph 2 and 3 respectively of Chapter 4 of Annex I to Council Directive 92/118/EEC;

(g) composite products which are not subject to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;

• game trophies in accordance with paragraph 2(b) of Part B in Chapter 13 to Annex I to Council Directive 92/118/EEC;

• packed products intended for use as in-vitro diagnostic or laboratory reagents.

(4) The animal products [F36 consigned to another member State] must be accompanied by an official certificate prepared on behalf of the Scottish Ministers which bears the following words:–

“Animal products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.

(5) Paragraph (4) shall not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) which have a commercial document required under the Products of Animal Origin (Import and Export) Regulations 1996 M16 endorsed in accordance with regulation 12 of these Regulations.

(6) Paragraph (4) shall not apply to products specified in sub-paragraph (e) of paragraph (3) which are accompanied by a commercial document stating either–

(a) that the products have undergone factory washing or have been obtained from tanning; or

(b) that the products comply with the conditions laid down in paragraphs (2) and (4) of Chapter 15 of Annex I to Council Directive 92/118/EEC M17 .

(7) Paragraph (4) shall not apply to products specified in sub-paragraph (g) of paragraph (3) which are consigned in hermetically sealed containers or have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded if they have a commercial document required under the Products of Animal Origin (Import and Export) Regulations 1996 endorsed in accordance with regulation 12 of these Regulations.

(8) Paragraph (4) shall not apply to products which conform to the requirements of paragraph (3)(i) above, if the products are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only”.

Textual Amendments

F35 Word in reg. 10(1)(2) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

F36 Words in reg. 10(4) inserted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(11)

Marginal Citations

M16 1996/3124.

M17 O.J. No. L 62, 15.3.93, p.49.

Exemptions S

11.  The prohibitions in regulations 5, 6, 7 and 10 shall not apply in relation to–

(a) products produced and packaged outside the United Kingdom if the packaging indicates the country of origin and they remain in their original packaging; or

(b) products which are–

(i) produced in an establishment approved by the Scottish Ministers from pre-processed products originating outside the [F37 restricted area] which, since introduction into the United Kingdom have been transported, stored and processed separately from products not destined for [F38 dispatch]; and

(ii) accompanied by a commercial document or official certificate as required by these Regulations.

Textual Amendments

F37 Words in reg. 11(b)(i) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(5)

F38 Word in reg. 11(b)(i) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

Endorsement of commercial documents S

12.—(1) Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate prepared on behalf of the Scottish Ministers stating that the production process has been audited and found to be in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.

(2) That certificate shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.

[F39 (3) Notwithstanding paragraph (1), in the case of a consolidated load of products (unless the products are fresh meat, minced meat and meat preparations) which individually are eligible for dispatch in accordance with these Regulations and intended for sale to a final consumer, reference to a commercial document endorsed in accordance with this regulation includes a commercial document accompanying that load endorsed by attachment of a copy of an official veterinary certificate prepared on behalf of the Scottish Ministers and signed by a person appointed as an officer of the kind specified in the certificate, in the form specified in paragraph (4).

(4) A certificate under paragraph (3), shall–

(a) confirm that the premises of dispatch have been audited and have in place a satisfactory system to ensure that goods can only be dispatched from those premises if they are traceable to documentary evidence of compliance with these Regulations; and

(b) also comply with paragraph (2).]

Textual Amendments

F39 Reg. 12(3)(4) inserted (20.7.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 2) Regulations 2001 (S.S.I. 2001/271), regs. 1(1), 2(4)

Third country certificates S

13.  No person shall [F40 dispatch] anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared on behalf of the Scottish Ministers and signed by an inspector certifying compliance with these Regulations.

Textual Amendments

F40 Word in reg. 13 substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

Export of Horses S

14.—(1) Any person exporting equidae to another member State shall ensure that they are accompanied by an Animal Health Certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae M18 .

[F41 (2) A veterinary inspector shall only issue a certificate referred to in paragraph (1) if–

(a) satisfied that the animal has not come from a holding in relation to which a notice in Form A [F42 or Form D is in effect] in accordance with F43 ... the Foot and Mouth Disease Order 1983;

(b) satisfied following inspection of the animal that it has been groomed to remove as far as practicable visible faeces, dirt and debris and that its hooves have been cleaned and disinfected; and

(c) the owner of the animal or the owner’s representative has given a written declaration to the veterinary inspector stating that the equine animal will remain on the holding until sent to the place of destination stated in the health certificate, without stopping at any holding in relation to which a notice in Form A [F44 or Form D is in effect] in accordance with F45 ... that Order.

(3) The health certificate accompanying equidae exported to another member State in accordance with the provisions of this article shall bear the following words:–

"Equidae conforming to Commission Decision 2001/356/EC of 4th May 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom.”

(4) Paragraph (1) shall not apply to equidae in transit from outside the United Kingdom which are accompanied by a valid health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import of equidae from third countries.]

Textual Amendments

F41 Reg. 14(2)-(4) substituted for reg. 14(2) (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(12)

F42 Words in reg. 14(2)(a) substituted (20.7.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 2) Regulations 2001 (S.S.I. 2001/271), regs. 1(1), 2(5)(a)

F43 Words in reg. 14(2)(a) omitted (20.7.2001 at 8.00 p.m.) by virtue of The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 2) Regulations 2001 (S.S.I. 2001/271), regs. 1(1), 2(5)(b)

F44 Words in reg. 14(2)(c) substituted (20.7.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 2) Regulations 2001 (S.S.I. 2001/271), regs. 1(1), 2(5)(a)

F45 Words in reg. 14(2)(c) omitted (20.7.2001 at 8.00 p.m.) by virtue of The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 2) Regulations 2001 (S.S.I. 2001/271), regs. 1(1), 2(5)(b)

Marginal Citations

M18 O.J. No. L 224, 18.8.90, p. 42.

[F46 Offers to dispatch or export goods S

14A.   No person shall offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations.]

Textual Amendments

F46 Reg. 14A inserted (20.7.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 2) Regulations 2001 (S.S.I. 2001/271), regs. 1(1), 2(6)

Powers of inspectors S

15.—(1) An inspector shall, on producing, if required to do so, some duly authenticated document showing the authority of that inspector, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations and in this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.

(2) An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of the Decision, and in particular may–

(a) carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;

(b) examine documentary or data processing material relevant to the checks carried out under these Regulations; and

(c) be accompanied by a representative of the European Commission acting for the purposes of the Decision.

Power of detention S

16.  The Scottish Ministers may detain any vehicle, vessel, container or anything which they reasonably suspect to contain animals or products regulated by these Regulations, but only for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.

Illegal consignments S

17.—(1) Where an inspector knows or suspects that animals or animal products are intended for [F47 dispatch] and do not comply with the requirements of these Regulations, that inspector may serve a notice on the person in charge of the consignment prohibiting the export of the animals or products in the consignment until the inspector is satisfied that the animals or products comply with the Regulations.

(2) No person shall [F47 dispatch] anything subject to a notice served under this regulation unless it has been revoked.

• A notice under this section shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.

• Animals imported in contravention of these Regulations shall be dealt with as provided for in regulation 13 of the Animals and Animal Products (Import and Export) (Scotland) Regulations 2000 M19 .

Textual Amendments

F47 Word in reg. 17(1)(2) substituted (19.6.2001 at 8.00 p.m.) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment Regulations 2001 (S.S.I. 2001/243), regs. 1(1), 2(4)

Marginal Citations

M19 S.S.I. 2000/216.

Obstruction S

18.—(1) No person shall–

(a) intentionally obstruct any person acting in the execution of these Regulations;

(b) without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of the functions of that person under these Regulations; or

(c) furnish to any person acting in the execution of these Regulations any information which is known to be false or misleading in a material particular.

(2) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate that person.

Penalties S

19.—(1) A person contravening any provision of these Regulations shall be guilty of an offence.

(2) A person guilty of an offence under regulation 18(1)(a) or (b) shall be 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.

(3) A person guilty of any other offence under these Regulations shall be liable–

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Offences by bodies corporate S

20.—(1) Where an offence under these Regulations committed by a body corporate or a partnership is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity (or in the case of a partnership, a partner or a person who was purporting to act as such), that person as well as the body corporate or the partnership, as the case may be, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) shall apply in relation to the acts and defaults of a member in connection with the members’ functions of management as if the member were a director of the body corporate.

Effect of certificates, etc. issued in England and Wales S

21.  For the purposes of these Regulations, any certificate, licence or approval issued or granted by the Minister of Agriculture, Fisheries and Food or the National Assembly of Wales or the Department of Agriculture and Rural Development (in Northern Ireland) of an equivalent nature to a certificate, licence or approval issued by the Scottish Ministers under these Regulations shall have effect in or as regards Scotland as if issued or granted by the Scottish Ministers.

Enforcement S

These Regulations shall be enforced by the Scottish Ministers or the local authority.

Revocations S

23.  The Regulations listed in the Schedule to these Regulations are revoked.

DAVID R DICKSON

A member of the staff of the Scottish Ministers

Pentland House, Edinburgh

Regulation 23

SCHEDULE S REVOCATIONS

(1)	(2)
Regulations revoked	References
The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Regulations 2001	S.S.I. 2001/95
The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Amendment Regulations 2001	S.S.I. 2001/112
The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Amendment (No. 2) Regulations 2001	S.S.I. 2001/127
The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Amendment (No. 3) Regulations 2001	S.S.I. 2001/141
The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Amendment (No. 4) Regulations 2001	S.S.I. 2001/158
The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Amendment (No. 5) Regulations 2001	S.S.I. 2001/178

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement in Scotland the continuation of restrictions on imports and exports of certain animals and animal products in accordance with Commission Decision 2001/372/EC amending Decision 2001/356/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom (O.J. No. L 125, 5.5.2001, p.46).

They consolidate, with a minor amendment the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Regulations 2001 (S.S.I 2001/95) and the subsequent Regulations amending those Regulations to date, as set out in the Schedule.

They prohibit the import and export of specified live animals (regulation 3) and restrict the export of fresh meat, meat products, milk, milk products, semen and embryos from biungulate animals, hides and skins, and animal products. The restrictions differ from the previous Regulations in that they specify an alternative health mark that must be used in respect of certain biungulates (regulations 4 to 10).

The veterinary certificate required for the export of these products can in some circumstances be replaced by a commercial certificate, suitably endorsed in accordance with regulation 12.

The Regulations also permit the import and export of certain products in transit, and products made from pre-processed products originating outside the United Kingdom (regulation 11).

The Regulations require a certification for exports to third countries as well as to other member States (regulation 13). They also place restrictions on the export of horses (regulation 14).

They give inspectors appointed by the Scottish Ministers powers to enter premises and carry out examinations (regulation 15) and empower the Scottish Ministers to stop and detain vehicles and vessels pending examination by an inspector (regulation 16). They provide for a notice procedure whereby an inspector can prohibit export of a consignment if the inspector is not satisfied that products comply with these Regulations (regulation 17).

Obstruction of a person carrying out duties under the Regulations is prohibited (regulation 18).

Breach of the Regulations is, under regulation 19, punishable–

(a)  on summary conviction, to a fine not exceeding level 5 on the standard scale or the statutory maximum or to imprisonment not exceeding three months or to both; S

(b)  on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. S

Provision is made for offences by bodies corporate (regulation 20), reciprocal recognition of certificates etc (regulation 21), and enforcement (regulation 22).