The Bovines and Bovine Products (Trade) Regulations 1999

Seizure of illegal goods

17.—(1) Where an inspector has a reasonable suspicion that a consignment of any–

(a) goods of a kind described in regulation 3(1), 4(1), 6(1), (4), (7) or (9) above;

(b) foreign origin export eligible goods, DBES goods or ECHS goods;

(c) controlled bovine by-products or foreign origin bovine by-products; or

(d) any part of the vertebral column of a bovine animal,

is illegal, he may require the person in control of any commercial documentation or certificate accompanying the consignment to deliver that documentation or certificate and any copies to him on demand.

(2) Where an inspector exercises the power conferred by paragraph (1) above or where, otherwise than in relation to the exercise of that power he has such a suspicion in respect of any such consignment, he may, in respect of the consignment or any part of it–

(a) give notice that, until the notice is withdrawn, it may not be removed or may not be removed except to some place specified in the notice;

(b) give notice that it must be removed at the expense of the person who is or appears to be in control of the consignment to some place specified in the notice and kept there at that person’s expense until the notice is withdrawn or an order is made under paragraphs (6) or (7) below; or

(c) seize it and remove it in order to have it dealt with by a justice of the peace.

(3) Where an inspector exercises the power conferred by paragraph (2) above, he shall as soon as is reasonably practicable, and in any event within the period of 21 days beginning on the day on which he exercises that power, determine whether he is satisfied that the consignment is not illegal.

(4) Where the inspector is satisfied that the consignment is not illegal, he shall–

(a) return any certificate or commercial documentation which has been delivered to him;

(b) withdraw any notice given pursuant to paragraph (2)(a) or (b) above relating to the consignment; and

(c) return anything which he has seized and which, in the case of food, is not unfit for human consumption.

(5) Where the inspector is satisfied that the consignment is illegal, he shall inform the person in charge of the consignment of his intention to have it dealt with by a justice of the peace and–

(a) any person who may be liable for prosecution in respect of the consignment shall, if he attends before the justice of the peace by whom the matter falls to be dealt with, be entitled to be heard and to call witnesses; and

(b) the justice of the peace may, but need not, be a member of the court before which any person is charged with any offence in relation to the consignment.

(6) If it appears to a justice of the peace, on the basis of such evidence as he considers to be appropriate in the circumstances, that a consignment is illegal, he shall, unless he is satisfied that there is no relevant risk in respect of the consignment (or any part of it) if it is returned to the owner, order–

(a) the consignment to be destroyed or otherwise disposed of so as to prevent it from being despatched to a member State or a third country; and

(b) any expenses reasonably incurred in connection with such destruction or disposal and (where the consignment was seized pursuant to paragraph (2)(c) above) in connection with storage prior to destruction, to be defrayed by the owner of the consignment.

(7) Where the justice of the peace is satisfied that there is no relevant risk in respect of the consignment if it is returned to the owner, he shall order the consignment to be returned to the owner.

(8) For the purposes of paragraphs (6) and (7) above, the “relevant risk” in respect of a consignment is the risk that–

(a) in the case of a consignment of any goods of a kind described in–

(i) regulation 3(1), 4(1), 6(4) or (7) above, the owner will despatch some or all of those goods to a member State or a third country;

(ii) regulation 6(1) above, the owner will produce goods in contravention of that provision;

(iii) regulation 6(9) above, the owner will contravene regulation 6(8) above in relation to any of them;

(b) in the case of a consignment of foreign origin export eligible goods, DBES goods or ECHS goods or foreign origin bovine by-products, the owner will despatch some or all of those goods to a member State or a third country;

(c) in the case of a consignment of controlled bovine by-products, the owner will use some or all of those by-products in any product liable to enter the human food chain or animal feed chain or in any cosmetics or medical or pharmaceutical product; or

(d) in the case of vertebral column of a bovine animal, the owner will consign some or all of that material in contravention of regulation 6(3) above.

(9) A consignment is “illegal” for the purposes of this regulation if–

(a) it is falsely described on its packaging, wrapping, label or any container in which it is placed, or in any certificate or commercial documentation accompanying it;

(b) in the case of a consignment of any goods of a kind described in–

(i) regulation 3(1), 4(1), 6(4) or (7) above, they are being brought or consigned in contravention of regulation 3(1), 4(1), 6(4) or (6) above respectively, as the case may be;

(ii) regulation 6(1) above, they have been produced in contravention of that provision;

(iii) regulation 6(9) above, there has been a contravention of regulation 6(8) above in relation to any of them;

(c) in the case of a consignment of DBES goods, or a consignment of ECHS goods which have undergone a stage of preparation in Great Britain, the goods–

(i) have been prepared in contravention of any provision of these Regulations relating to the goods; or

(ii) are being or have been brought, despatched or consigned in contravention of regulation 4(2) above (in the case of ECHS goods) or regulation 4(4) above (in the case of DBES goods);

(d) in the case of a consignment of ECHS goods which have not undergone a stage of preparation in Great Britain–

(i) they have been prepared in contravention of any provision of the Northern Ireland Regulations relating to the goods; or

(ii) they are being or have been brought, despatched or consigned in contravention of any provision of the Northern Ireland Regulations relating to the goods;

(e) in the case of a consignment of foreign origin export eligible goods–

(i) it contains goods prepared in contravention of any provision of these Regulations relating to the goods; or

(ii) it contains goods which are being or have been brought, despatched or consigned in contravention of regulation 5(1) or 6(5) above;

(f) in the case of a consignment of controlled bovine by-products, it contains goods produced in contravention of regulation 7 above;

(g) in the case of a consignment of foreign origin bovine by-products–

(i) it contains by-products prepared in contravention of any provision of these Regulations relating to such by-products; or

(ii) it contains by-products which are being or have been brought, despatched or consigned in contravention of regulation 5(2) above; or

(h) in the case of a consignment of vertebral column of a bovine animal, the goods are not in an impervious container clearly labelled in accordance with regulation 6(3) above.

(10) In the application of this regulation to Scotland–

(a) any reference to a justice of the peace includes a reference to the sheriff and to a magistrate;

(b) paragraph (5)(b) above shall not apply; and

(c) any order made under paragraph (6) above shall be sufficient evidence in any proceedings in relation to these Regulations of the fact that the consignment in question was falsely described.