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

Consignments and products illegally brought in

24.—(1) This regulation applies–

(a) where a consignment or product is brought into Scotland from a third country but is not presented at a border inspection post in accordance with regulation 18;

(b) where a consignment or product originating in a third country has been brought into Scotland from elsewhere in the relevant territories, but has not been presented at a border inspection post there;

(c) where the border inspection post of destination of a consignment of Article 9 products is in Scotland but the consignment is not presented there in accordance with regulation 18(1); or

(d) where a consignment introduced into Scotland is presented to the official veterinary surgeon at a border inspection post not designated and approved for veterinary checks on the products comprised within that consignment.

(2) In the circumstances described in paragraphs (1)(a), (b) and (c), an authorised officer must, by notice in writing served on the person appearing to have charge of the consignment or product, take charge of that consignment or product and either redispatch it in accordance with paragraph (4) or dispose of it in accordance with paragraph (4).

(3) In the circumstances described in paragraph (1)(d), the official veterinary surgeon must, by notice in writing served on the person responsible for the consignment, take charge of that consignment and either redispatch it in accordance with paragraph (5) or dispose of it in accordance with paragraph (4).

(4) Where the authorised officer or the official veterinary surgeon decides to dispose of the product or consignment, the authorised officer or the official veterinary surgeon (as the case may be) must dispose of it as if it were Category 1 material under Regulation (EC) No. 1774/2002 in the facilities provided for that purpose nearest to the place at which the authorised officer or official veterinary surgeon takes charge of it.

(5) Where the authorised officer or the official veterinary surgeon decides to redispatch the product or consignment, the authorised officer or the official veterinary surgeon (as the case may be) must do so–

(a) within a period of sixty days commencing with the day following the service of the notice;

(b) to a third country destination agreed with–

(i) the owner of the product or consignment, in the circumstances described in paragraphs (1)(a), (b) or (c); or

(ii) the person responsible for the consignment, in the circumstances described in paragraph (1)(d); and

(c) by the mode of transport by which the product or consignment was first brought into the relevant territories.