The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2002

“Exemptions for trade samples3.

These Regulations do not apply to products introduced into Scotland from a third country with the previous written authorisation of the Scottish Ministers as trade samples, for exhibition or for particular studies or analyses.

Other exemptions3A.

(1)

Part III, with the exception of regulations 15, 21 and 25, and parts IV to IX does not apply to–

(a)

meat, meat products, milk and milk products introduced into Scotland from Greenland, the Faeroe Islands, the Republic of Iceland, the Principality of Andorra, San Marino, Liechtenstein, Switzerland, Estonia, Lithuania, Latvia, Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Romania, Bulgaria, Malta and the Republic of Cyprus in the personal luggage of a traveller which are intended for the personal consumption of that traveller (or that of an infant travelling with him or her), taking into account the nature of the product and the quantity of it that could reasonably be consumed by an individual;

(b)

powdered infant milk, infant food, and special foods required for medical reasons containing meat, meat products, milk, or milk products introduced into Scotland from a third country not specified in sub-paragraph (a) which–

(i)

are carried in the personal luggage of a traveller and are intended for the personal consumption of that traveller (or that of an infant travelling with him or her), taking into account the nature of the product and the quantity of it that could reasonably be consumed by an individual;

(ii)

do not require refrigeration before opening;

(iii)

are packaged proprietary brand products for direct sale to the final consumer; and

(iv)

are contained in unbroken packaging; and

(c)

products which are not covered by sub-paragraphs (a) or (b), and–

(i)

which are not meat, meat products, milk and milk products;

(ii)

whose total weight does not exceed one kilogram;

(iii)

which are introduced into Scotland–

(aa)

in the personal luggage of a traveller and intended for the personal consumption of that traveller; or

(bb)

by post or carrier and addressed to a private individual in the relevant territories otherwise than by way of trade or as a trade sample; and

(iv)

which either come from a third country or part of a third country which satisfies the conditions laid down in paragraph (2) or have undergone heat treatment in a hermetically sealed container to an Fo value of 3.00 or more.

(2)

The conditions referred to in paragraph (1)(c)(iv) are that the third country or part of a third country–

(a)

appears on a list of third countries or parts of third countries from which member States shall authorise the importation of the product or products concerned, established by a Community instrument in force on the date on which these Regulations are made; and

(b)

is not one from which importation of the product or products concerned is prohibited by any Community instrument in force on that date.

(3)

In this regulation–

“meat” means any meat, including meat preparations;

“meat products” mean any meat products;

“milk” means milk of any type; and

“milk products” mean any milk products

covered by the Directives listed in Schedule 3.”.