The Contaminants in Food (Scotland) Regulations 2004

Re-export or destruction of food presented for import

8.—(1) Subject to regulation 9, if it appears to an authorised officer of a food authority that any food presented for import would, if placed on the market, contravene regulation 3(a)(i) or (b)(i) that officer may after appropriate consultation with a person appearing to be the importer of the food serve on that person a notice requiring–

(a) before 1st January 2005–

(i) the re-export of the food to a country other than a member State within such reasonable period as shall be specified in the notice; or

(ii) where such re-export would in the opinion of that officer involve serious risks to human health the destruction of the food within such reasonable period as shall be so specified;

(b) on or after 1st January 2005–

(i) where the requirements of Article 12 of the Community Regulation are satisfied the re-export of the food to a country other than a member State within such reasonable period as shall be specified in the notice; or

(ii) where the requirements of Article 12 of the Community Regulation are not satisfied the destruction of the food within such reasonable period as shall be so specified.

(2) Any notice served under paragraph (1) shall state–

(a) the right of appeal to the sheriff under paragraph (4); and

(b) the period within which such an appeal may be brought.

(3) The person appearing to be the importer of the food in respect of which a notice has been served under paragraph (1) shall ensure that it is stored until re-export or destruction under the supervision of the authorised officer at such places and under such conditions as the authorised officer may in the notice direct.

(4) Any person who is aggrieved by the decision of an authorised officer to serve a notice under paragraph (1) may appeal to the sheriff who may confirm or cancel the notice.

(5) The period within which such an appeal as is mentioned in paragraph (4) may be brought shall be 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and public holidays.

(6) Pending determination of an appeal under paragraph (4), paragraph (3) shall apply to the storage of the food concerned.

(7) If the sheriff allows an appeal brought under paragraph (4) the food authority shall compensate the owner of the food concerned for any depreciation in its value resulting from the action taken by the authorised officer.

(8) Any disputed question as to the right to or the amount of any compensation payable under paragraph (7) shall be determined by a single arbiter appointed, failing agreement between the parties, by the sheriff.

(9) Any person who breaches the terms of a notice served under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(10) The cost of re export, storage or destruction of the food under this regulation shall be borne by the importer.