The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement in Scotland restrictions on imports and exports of certain animals and animal products in accordance with Commission Decision 2001/190/EC of 6th March 2001 amending Decision 2001/172/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom (O.J. No. L 67, 9.3.2001, p.88).

They revoke the Export Restrictions (Foot-and-Mouth Disease) Regulations 2001 (S.I 2001/498), the Export Restrictions (Foot-and-Mouth Disease) (Amendment) Regulations 2001, in so far as they apply in Scotland, and the Export Restrictions (Foot-and-Mouth Disease) Amendment (Scotland) Regulations 2001 (S.S.I. 2001/61).

They prohibit the import and export of specified live animals (regulation 3) and restrict the export of fresh meat, meat products, milk, milk products, semen and embryos from biungulate animals, hides and skins, and animal products (regulations 4 to 10). The restrictions differ from the previous Regulations in that the veterinary certificate required for the export of these products can in some circumstances be replaced by a commercial certificate, suitable endorsed in accordance with regulation 12.

The Regulations also permit for the first time certain products in transit, and products made from pre-processed products originating outside the United Kingdom (regulation 11).

The Regulations require a certification for exports to third countries as well as to other member State (regulation 13).

They give inspectors appointed by the Scottish Ministers powers to enter premises and carry out examinations (regulation 14) and empower the Scottish Ministers to stop and detain vehicles and vessels pending examination by an inspector (regulation 15). They introduce a notice procedure whereby an inspector can prohibit export of a consignment if the inspector is not satisfied that products comply with these Regulations (regulation 16).

Obstruction of a person carrying out duties under the Regulations is prohibited (regulation 17).

Breach of the Regulations is, under regulation 18, punishable–

(a) on summary conviction, to a fine not exceeding level 5 on the standard scale or the statutory maximum or to imprisonment not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Provision is made for offences by bodies corporate (regulation 19).