The Products of Animal Origin (Import and Export) (Amendment) (England) Regulations 2001

Statutory Instruments

2001 No. 1640

AGRICULTURE, ENGLAND

The Products of Animal Origin (Import and Export) (Amendment) (England) Regulations 2001

Made

1st May 2001

Laid before Parliament

1st May 2001

Coming into force at 11.00 a.m. on 2nd May 2001

The Minister of Agriculture, Fisheries and Food, being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on him by the said section 2(2) and of all other powers enabling him in that behalf, makes the following Regulations:

Title, extent and commencement

1.  These Regulations may be cited as the Products of Animal Origin (Import and Export) (Amendment) (England) Regulations 2001; they extend to England; and shall come into force at 11.00 a.m. on 2nd May 2001.

Amendment of the Products of Animal Origin (Import and Export) Regulations 1996

2.—(1) The Products of Animal Origin (Import and Export) Regulations 1996(3) in so far as they apply to England are amended in accordance with the following paragraphs of this regulation.

(2) For regulation 16(3) there shall be substituted the following provision—

“(3) Subject to the following paragraph, if an authorised officer of the Minister, the Agency or a local authority has reasonable grounds for believing that any product of animal origin does not comply with animal or public health conditions relating to import into Great Britain or the European Community he may, by means of a notice served on the person appearing to him to have charge of the consignment, prohibit the movement of the consignment except as specified in the notice.”.

(3) For regulation 20(3) there shall be substituted the following provision—

“(3) Where an authorised officer of the Minister, the Agency or a local authority has reasonable grounds for believing that any product of animal origin does not comply with animal or public health conditions relating to import he may, by notice in writing, require the person appearing to be in charge of that product to destroy or re-export it, in each case under the control and direction of the authorised officer.”.

Joyce Quin

Minister of State, Ministry of Agriculture, Fisheries and Food

1st May 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to England, amend the Products of Animal Origin (Import and Export) Regulations 1996 (S.I. 1996/3124, as amended) (the principal Regulations) so as to extend the powers of authorised officers as regards products of animal origin which have been imported otherwise than in accordance with animal or public health conditions.

The effect of the amendments made by these Regulations is to confer on an authorised officer of the Minister, the Food Standards Agency or a local authority the power—

(i) in respect of intra-Community trade, to prohibit the movement of products of animal origin which he has reasonable grounds for believing do not comply with animal or public health conditions relating to import into Great Britain or the European Community (regulation 2(2)) (products detained under this power may, under regulation 16(4) of the principal Regulations, be ordered to be destroyed, re-exported or used for specified purposes); and

(ii) in respect of imports from third countries, to require the destruction or re-export of products of animal origin which he has reasonable grounds for believing do not comply with animal or public health conditions relating to import (regulation 2(3)).

(1)

S.I. 1972/1811.

(2)

1972 c. 68.

(3)

S.I. 1996/3124; relevant amendments are S.I. 1997/3023 and, as regards England and Wales, S.I. 2000/656.