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

Products which fail veterinary checks

21.—(1) This regulation is subject to regulation 22.

(2) Where, following a veterinary check at a border inspection post, the official veterinary surgeon there decides that–

(a) a product, other than an excepted product, is a non-conforming product; or

(b) there is some other irregularity in relation to a product,

the official veterinary surgeon must comply with paragraph (3).

(3) The official veterinary surgeon must serve a notice in writing on the person responsible for the product requiring that person either–

(a) to redispatch the product by the mode of transport by which it was brought into Scotland from the border inspection post to a destination, agreed with the official veterinary surgeon, located in a third country within a period of sixty days commencing with the day following the service of the notice; or

(b) to dispose of the product in accordance with Regulation (EC) No. 1774/2002 in the facilities provided for that purpose nearest to the border inspection post.

(4) Subject to paragraph (6), where, following a veterinary check on a product, other than an excepted product, located away from a border inspection post, an authorised officer decides that the product is a non-conforming product, the authorised officer must comply with paragraph (5).

(5) The authorised officer must serve a notice in writing on the person appearing to have charge of the product, requiring that person either–

(a) to redispatch the product by the mode of transport by which it was introduced into Scotland from the border inspection post referred to in the notice to a destination, agreed with the authorised officer, located in a third country within a period of sixty days commencing with the day following the service of the notice; or

(b) to dispose of the product in accordance with Regulation (EC) No. 1774/2002 in the facilities provided for that purpose nearest to the location of the product.

(6) The product must be disposed of in accordance with paragraph (3)(b) or (5)(b) where–

(a) its redispatch is precluded on animal or public health grounds by–

(i) the results of a veterinary check, or

(ii) any animal or public health requirement laid down in a Community instrument in force on the date on which these Regulations are made,

or is otherwise impossible;

(b) the sixty-day period referred to in paragraph (3)(a) or (5)(a) has elapsed; or

(c) the person responsible for the product or, if paragraph (4) applies, the owner of the product, agrees immediately to its disposal.

(7) The person responsible for, or, if paragraph (4) applies, the owner of, a product in respect of which a notice has been served under paragraph (3) or (5) must ensure that the product is stored until redispatch or disposal under the supervision of the official veterinary surgeon or the authorised officer at such a place and under such conditions as may be directed in the notice.

(8) Any person who is aggrieved by a decision referred to in paragraph (2) or (4) may, within 28 days of the date when that person is notified of the decision, appeal to the sheriff by way of summary application.

(9) Pending the determination of an appeal under paragraph (8), paragraph (7) applies to the storage of the product concerned.

(10) In this regulation–

(a) “excepted product” means a transit product which fulfils the requirements of Part 7 or a product whose destination establishment is referred to in regulation 15(b) or 15(c);

(b) “other irregularity”, in relation to a product, means–

(i) its introduction into Scotland from a third country, or its presentation to a border inspection post of destination in Scotland, without notice given under regulation 17;

(ii) any false or misleading information contained in a notice given under regulation 17;

(iii) any false or misleading information given under regulation 45 or 51;

(iv) any error, omission or false or misleading information in a required document, and any discrepancy between a required document and–

(aa) the notice of the product’s introduction or presentation given under regulation 17;

(bb) the product itself; or

(cc) the seals, stamps, marks or labels on the product, on the consignment which includes the product or on the container holding the product or the consignment;

(v) any defect in the product rendering it unfit for the purpose for which, according to the required documents, it is intended;

(vi) any defect in the seals, stamps, marks or labels referred to in paragraph (10)(b)(iv)(cc), including, in the case of a packaged product, any contravention of the labelling requirements laid down for that product in any Directive, Decision or Regulation listed in Schedule 1;

(vii) in the case of a product intended for import, any indication in the required documents that the product does not comply with the import conditions; and

(viii) in the case of a non-conforming product which is a transit product, or a product whose destination establishment is referred to in regulation 15(b) or 15(c), any contravention of the requirements laid down for that non-conforming product in any Directive, Decision or Regulation listed in Schedule 1.