30. Any notification or authorisation must be in writing, may be subject to conditions and may be amended, suspended or revoked by further notice in writing at any time.
31.—(1) In these Regulations the enforcement authorities are county councils, district councils, Port Health Authorities, London boroughs (or, in the City of London, the Common Council of the City of London), metropolitan districts and unitary authorities.
(2) Where there is a Port Health Authority, London borough (or, in the City of London, the Common Council of the City of London), metropolitan district or unitary authority, any duty placed on a county or district council is performed by that authority.
32.—(1) At a border inspection post these Regulations are enforced—
(a)in relation to animals by the Secretary of State; and
(b)in relation to products by the district council.
(2) Outside a border inspection post, in relation to animals they are enforced by—
(a)in all London boroughs, the Common Council of the City of London;
(b)otherwise by the county council.
(3) Outside a border inspection post, in relation to products they are enforced by—
(a)the district council (except in relation to animal feed, where it is the county council); or
(b)by the Food Standards Agency at any cutting plant, game-handling establishment or slaughterhouse, or premises at which the Agency enforces the Food Hygiene (England) Regulations 2006(1).
(4) In addition, in relation to products they are enforced by a general customs official in any place (other than the inspection facilities in a border inspection post) where goods are subject to customs supervision by that official under Articles 37 and 38 of Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code.
(5) The Secretary of State may direct, in relation to cases of a particular description or a particular case, that the Secretary of State may discharge any duty imposed on a local authority under this regulation.
(6) An officer of an enforcement authority who, when exercising any statutory function, discovers at any place under customs supervision a product that may have been brought in in breach of these Regulations must notify a general customs official and detain the consignment or product until such officer takes charge of it.
33.—(1) An authorised officer of the Secretary of State or an enforcement authority may, on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of enforcing these Regulations; and in these Regulations “premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft.
(2) The officer may be accompanied by such other persons as the officer considers necessary, including any representative of the European Commission.
(3) Admission to any premises used only as a private dwellinghouse may not be demanded as of right unless the entry is in accordance with a warrant granted under this regulation.
(4) If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for any purpose in paragraph (1) and that either—
(a)admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier, or
(b)an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the justice may by signed warrant authorise an authorised officer to enter the premises, if need be by reasonable force.
(5) A warrant granted under this regulation continues in force for one month.
(6) An officer who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.
34. An authorised officer of the Secretary of State or an enforcement authority may—
(a)inspect and examine any animal;
(b)inspect any product, or genetic material, including its packaging, seals, marking, labelling and presentation, and any plant or equipment used for or in connection with it;
(c)have access to, and inspect and copy any documents or records (in whatever form they are held), and remove them to enable them to be copied;
(d)have access to, inspect and check the operation of any computer and any associated apparatus used in connection with the records; and may require any computer records to be produced in a form in which they may be taken away;
(e)seize and retain anything required as evidence in proceedings under these Regulations;
(f)open any bundle, package, packing case, or item of personal luggage, or require any person in possession of or accompanying the same to open it and inspect the contents;
(g)take samples of any animal or product for laboratory tests, for checking against any relevant document relating to the animal or product or otherwise for checking compliance with these Regulations or any condition of import enforced by these Regulations.
35.—(1) If an animal or genetic material brought in from another member State constitutes a serious risk to human or animal health or comes from a region contaminated by an epizootic disease, an officer of the Secretary of State may serve a notice on the person appearing to be in charge of the animal or genetic material requiring that person—
(a)to detain and isolate—
(i)the animals;
(ii)any animals with which they have been in contact; and
(iii)the genetic material;
and take such further action as may be specified in the notice for the purpose of preventing the introduction or spreading of disease; or
(b)without delay, to slaughter an animal, or, in the case of genetic material, destroy it, in accordance with such conditions as may be specified in the notice.
(2) An officer of the Secretary of State who knows or suspects that animals or genetic material do not comply with the provisions of Article 3 of Council Directive 90/425/EEC, may, if animal health and welfare considerations so permit, give the person in charge of the consignment or the person appearing to be in charge of those animals or genetic material by way of notice the choice of—
(a)where the cause of non-compliance is the presence in animals of residues in excess of that permitted under regulation 9 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997(2), maintaining the animals under supervision until the residue levels fall to the levels permitted by the legislation;
(b)slaughtering the animals or destroying the genetic material in accordance with such conditions as may be specified in the notice; or
(c)returning the animals or genetic material to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit.
(3) If the consignment fails to comply only by reason of an irregularity in respect of the required consignment documentation, the officer may not serve such a notice unless—
(a)the officer has given the person in charge of the consignment a notice requiring the production of the required documentation within seven days and to detain the consignment in accordance with the terms of the notice; and
(b)the required documentation has not been produced within that time.
(4) If a notice served under this regulation is not complied with an inspector may seize any animal or genetic material to which it relates, and arrange for the requirements of the notice to be complied with at the expense of the person on whom the notice was served.
36. No person may—
(a)intentionally obstruct any person acting in the execution of these Regulations;
(b)without reasonable cause, fail to give any person acting in execution of these Regulations any assistance or information that that person may reasonably require for the purpose of carrying out functions under these Regulations; or
(c)furnish to any person acting in the execution of these Regulations any information knowing it to be false or misleading.
37.—(1) The Commissioners of Her Majesty’s Revenue and Customs, a general customs official and any enforcement authority may exchange information for the purposes of these Regulations, and may divulge information to the enforcement authorities in Wales, Scotland and Northern Ireland for the purposes of this Part or the equivalent legislation in those jurisdictions.
(2) Paragraph (1) is without prejudice to any other power of the Commissioners, any general customs official or any enforcement authority to disclose information.
(3) No person, including a servant of the Crown, may disclose any information received from the Commissioners or a general customs official under paragraph (1) if—
(a)the information relates to a person whose identity–
(i)is specified in the disclosure; or
(ii)can be deduced from the disclosure;
(b)the disclosure is for a purpose other than the purposes specified in paragraph (1); and
(c)the Commissioners have not given their prior consent to the disclosure.
38. The Secretary of State may charge a reasonable fee in relation to any activity relating to trade between member States in animals or genetic material under these Regulations, and the consignor’s representative and the person in charge of the animal or genetic material are jointly and severally liable for that fee(3).
39. Breach of the following provisions is an offence—
| Provision | Description of the offence | |
|---|---|---|
| regulation 5(1) | Consigning an animal or genetic material without a health certificate | |
| regulation 5(2) | Failing to keep a certificate for at least three years | |
| regulation 6(5) | Signing a certificate without being authorised by the Secretary of State | |
| regulation 6(6) | Signing a certificate knowing it to be false, or not believing it to be true | |
| regulation 7 | Notification | |
| regulation 13 | Importation other than at a border inspection post | |
| regulation 14 | Notification | |
| regulation 15(1) | Failing to present a consignment for inspection | |
| regulation 15(2) | Failing to comply with a notice | |
| regulation 16(1) | Removal from a border inspection post without a CVED | |
| regulation 16(2) | Failing to transport a consignment to the place specified in the CVED | |
| regulation 17 | Movement other than under Customs supervision and failure to notify the Secretary of State | |
| regulation 28 | Bringing a non-compliant product into a warehouse etc. | |
| regulation 29(4) | Bringing in an animal or product in breach of a declaration | |
| regulation 36 | Obstruction | |
| regulation 37(3) | Disclosure of information | |
| Schedule 2: | ||
| paragraph 5(1) | Trading in apes | |
| paragraph 6(2) | Keeping records | |
| paragraph 6(3) | Notification of movement | |
| paragraph 7 | Movement of animal by-products | |
| paragraph 8(2) | Slaughter of animals | |
| paragraph 8(3) | Keeping animals at their place of destination | |
| paragraph 9(2) | Transport of birds to approved quarantine facilities or centres | |
| paragraph 9(3) | Release of birds from quarantine | |
| paragraph 11 | Use of a certificate relating to ships’ stores | |
| Schedule 3 paragraph 4(3) | Destruction or redispatch in accordance with the authorisation | |
40.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—
(a)any director, manager, secretary or other similar officer of the body corporate, or
(b)any person who was purporting to act in any such capacity,
that person as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) For the purposes of this regulation “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
41.—(1) Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought in the name of the partnership or association.
(2) For the purposes of such proceedings—
(a)rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate;
(b)section 33 of the Criminal Justice Act 1925(4) and Schedule 3 to the Magistrates’ Courts Act 1980(5) apply in relation to the partnership or association as they apply in relation to a body corporate.
(3) A fine imposed on a partnership or association on its conviction for an offence under these Regulations is to be paid out of the funds of the partnership or association.
(4) Where an offence under these Regulations committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.
For these purposes, “partner” includes a person purporting to act as a partner.
(5) Where an offence under these Regulations committed by an unincorporated association is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association, that officer (as well as the association) is guilty of the offence and is liable to be proceeded against and punished accordingly.
For these purposes, “officer” means an officer of the association or a member of its governing body, or a person purporting to act in such capacity.
42.—(1) A person guilty of an offence of disclosure in breach of regulation 37(3) (disclosure of information) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum, to imprisonment not exceeding 3 months, or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both.
(2) A person guilty of any other offence under these Regulations is liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.
43.—(1) Before the end of each review period, the Secretary of State must—
(a)carry out a review of the Regulations; and
(b)set out the conclusions of the review in a report.
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how—
(a)Council Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(6),
(b)Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(7),
(c)Council Directive 91/496/EEC laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries(8), and
(d)Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(9),
(which are implemented by means of these Regulations) are implemented in other member States.
(3) The report must in particular—
(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
(4) “Review period” means—
(a)the period of five years beginning with the day on which these Regulations come into force; and
(b)subject to paragraph (5), each successive period of five years.
(5) If a report under this regulation is laid before Parliament before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is laid.
44.—(1) The following are revoked—
(a)the Products of Animal Origin (Import and Export) Regulations 1996(10);
(b)the Fresh Meat (Import Conditions) Regulations 1996(11);
(c)the Products of Animal Origin (Import and Export) (Amendment) Regulations 1997(12);
(d)the Miscellaneous Products of Animal Origin (Import Conditions) Regulations 1999(13);
(e)the Products of Animal Origin (Third Country Imports) (England) Regulations 2006(14);
(f)the Animals and Animal Products (Import and Export) (England) Regulations 2006(15);
(g)the Products of Animal Origin (Third Country Import) (England) (Amendment) Regulations 2010(16); and
(h)the Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2010(17).
(2) Schedule 4 makes amendments consequential to these Regulations.
Fees relating to imports from third countries are established under Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ No L 165, 30.4.2004, p. 1. Fees are published on the Defra website at www.Defra.gov.uk.
1925 c. 86. Subsections (1) and (2) of section 33 were repealed by the Magistrates’ Courts Act 1952 (c. 55), section 132 and Schedule 6; subsection (3) was amended by the Courts Act 1971 (c. 23), section 56(1) and Schedule 8, part II, paragraph 19; subsection (4) was amended by the Courts Act 2003 (c. 39), section 109(1) and (3), Schedule 8, paragraph 71 and Schedule 10, and by the Magistrates’ Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 5; subsection (5) was repealed by the Magistrates’ Court Act 1952, section 132, Schedule 6.
1980 c. 43. Sub-paragraph 2(a) was amended by the Criminal Procedure and Investigations Act 1996 (c. 25), section 47, Schedule 1, paragraph 13, and was repealed by the Criminal Justice Act 2003 (c. 44), sections 41 and 332, Schedule 3, part 2, paragraph 51, sub-paragraphs (1), (13)(a), and Schedule 37, part 4 (with effect from a date to be appointed); paragraph 5 was repealed by the Criminal Justice Act 1991 (c. 53), sections 25(2) and 101(2) and Schedule 13; paragraph 6 was amended by the Criminal Justice Act 2003, section 41, Schedule 3, part 2, paragraph 51, sub-paragraphs (1) and (13)(b) (with effect from a date to be appointed).
OJ No. L 395, 30.12.1989, p. 13 as last amended by Directive 2004/41/EC (OJ No. L 157, 30.4.2004, p. 33).
OJ No. L 224, 18.8.1990, p. 29 as last amended by Council Directive 2009/156/EC (OJ No. L 192, 23.7.2010, p. 1).
OJ No. L 268, 24.9.1991, p. 56 as last amended by Council Directive 2008/73/EC (OJ No. L 219, 14.8.2008, p. 40).
OJ No. L 24, 30.1.1998, p. 9 as last amended by Council Directive 2006/104/EC (OJ No. L 363, 20.12.2006, p. 352).