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

Enforcement authorities and exchange of information

5.—(1) These Regulations must be enforced–

(a) by the Scottish Ministers at a border inspection post solely designated and approved for veterinary checks on products referred to in Regulation (EC) No. 1774/2002;

(b) by the Agency at–

(i) any cutting plant, game-handling establishment or slaughterhouse; and

(ii) premises at which the Agency enforces the Food Hygiene (Scotland) Regulations 2006(1) by virtue of regulation 5(4) of those Regulations;

(c) subject to paragraph (2), by each local authority within its area, including at any border inspection post in that area, except at a border inspection post referred to in sub-paragraph (a) and at premises referred to in sub-paragraph (b).

(2) At points of entry, regulation 16 must be enforced by the Commissioners and not the local authority.

(3) In cases where an officer of a local authority, when exercising any statutory function, discovers at a point of entry a consignment or product that the officer considers may have been brought in breach of regulation 16, the officer must notify an officer of Revenue and Customs and detain the consignment or product until an officer of Revenue and Customs takes charge of it.

(4) In cases where an officer of a local authority who is not an authorised officer for the purposes of these Regulations, when exercising any statutory function, discovers at any place other than a point of entry or a border inspection post, a consignment or product–

(a) in relation to which the officer considers these Regulations may not have been complied with; or

(b) that the officer considers is from a third country and may present a risk to animal or public health,

the officer must notify an authorised officer and detain the consignment or product until an authorised officer takes charge of it.

(5) If the Scottish Ministers consider that a local authority is failing or has failed to enforce these Regulations generally, or in any class of cases, or in an individual case, they may empower an authorised officer or the Agency to enforce them in place of that local authority.

(6) The Scottish Ministers or the Agency may recover from the local authority concerned any expenses reasonably incurred by them or it under paragraph (5).

(7) The Scottish Ministers, the Commissioners, any local authority and the Agency may exchange information for the purposes of these Regulations, and may divulge information to the enforcement authorities in Wales, England and Northern Ireland for the purposes of these Regulations or the equivalent Regulations in those jurisdictions.

(8) Paragraph (7) is without prejudice to any other power of the Scottish Ministers, the Commissioners, any local authority and the Agency to disclose information.

(9) No person, including a servant of the Crown, may disclose any information received from the Commissioners under paragraph (7) if–

(a) the information relates to a person whose identity–

(i) is specified in the disclosure; or

(ii) can be deduced from the disclosure;

(b) the disclosure is for a purpose other than the purposes specified in paragraph (7); and

(c) the Commissioners have not given their prior consent to the disclosure.

(10) In paragraph (1), the terms “cutting plant”, “game-handling establishment” and “slaughterhouse” have the meaning that they bear in regulation 5(6) of the Food Hygiene (Scotland) Regulations 2006.

(11) In this regulation, “point of entry” means any place where goods are subject to customs supervision under Articles 37 and 38 of the Customs Code, other than a border inspection post.

(1)

S.S.I. 2006/3.