Action following failure of checks or seizure – products
20.—(1) In the case of a product, if the checks at a border inspection post show that the consignment does not satisfy the conditions in the instrument in Schedule 1 relating to that product, or where such checks reveal an irregularity, the official veterinary surgeon, after consultation with the person responsible for the consignment, must—
(a)permit the use of the consignment as animal by-products in accordance with Regulation (EC) No. 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption (1) provided there is no risk to human or animal health;
(b)where health conditions permit, require the person in charge of the consignment to redispatch the product outside the European Union from the same border inspection post to a destination agreed with the person responsible for the consignment, using the same means of transport, within a maximum time limit of 60 days; or
(c)if the person responsible for the consignment gives immediate agreement, redispatch is impossible or the 60-day time limit has elapsed, destroy the products.
(2) Pending redispatch or confirmation of the reasons for rejection, the person responsible for the consignment must store the consignment under the supervision of the enforcement authority at the expense of the person responsible for the consignment.
(3) If a consignment of products is seized outside a border inspection post under regulation 19 the enforcement authority must—
(a)dispose of the consignment as Category 1 material in accordance with Regulation (EC) No. 1069/2009 of the European Parliament and of the Council; or
(b)act in accordance with sub-paragraph (b) or (c) of paragraph (1) of this regulation.
OJ No. L 300, 14.11.2009, p. 1 as last amended by Council Directive 2010/63/EU (OJ No. L 276, 20.10.2010, p.4).