Made | 14th August 2007 | ||
Coming into operation | 14th August 2007 |
1. | Citation and commencement |
2. | Interpretation |
3. | Dispatch of live animals |
4. | Dispatch of fresh meat, minced meat, mechanically separated meat and meat preparations |
5. | Dispatch of meat products |
6. | Dispatch of milk |
7. | Dispatch of dairy products |
8. | Dispatch of semen, ova and embryos |
9. | Dispatch of hides and skins |
10. | Dispatch of animal products |
11. | Exemptions |
12. | Endorsement of commercial documents |
13. | Powers of inspectors |
14. | Illegal consignments of products |
15. | Obstruction |
16. | Furnishing false information |
17. | Penalties |
(2) The Interpretation Act (Northern Ireland) 1954[8] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Dispatch of live animals
3.
A person shall not dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate animal unless—
(c) in the case of any other biungulates, the health certificates accompanying the animals shall bear the following words:
Dispatch of fresh meat, minced meat, mechanically separated meat and meat preparations
4.
—(1) In this regulation, "meat" includes fresh meat, minced meat, mechanically separated meat and meat preparations as defined in points 1.10, 1.13, 1.14 and 1.15 of Annex 1 to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin[11].
(2) A person shall not dispatch meat derived from animals of the bovine, ovine, caprine and porcine species or other biungulates unless it is accompanied by an official certificate which shall bear the following words—
Dispatch of meat products
5.
—(1) A person shall not dispatch meat products including treated stomachs, bladders and intestines of animals of the bovine, ovine, caprine and porcine species and other biungulates ("meat products") unless they are accompanied by an official certificate which shall bear the following words—
(2) Paragraph (1) shall not apply to meat products which bear the health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption[12], provided that they—
(2) Paragraph (1) shall not apply to milk which has been subjected to a treatment in accordance with—
and has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded and providing such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12.
(3) Paragraph (1) shall not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been heat treated in hermetically sealed containers so as to ensure that it is shelf stable, provided that the commercial document accompanying the consignment states the heat treatment applied.
Dispatch of dairy products
7.
—(1) A person shall not dispatch dairy products unless they are accompanied by an official certificate which shall bear the following words—
(2) Paragraph (1) shall not apply to dairy products which are—
and have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded and providing such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12.
(3) Paragraph (1) shall not apply to dairy products which conform to the requirements of paragraph (2) and have been heat treated in hermetically sealed containers so as to ensure that they are shelf stable provided that the commercial document accompanying the consignment states the heat treatment applied.
Dispatch of semen, ova and embryos
8.
A person shall not dispatch semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates unless—
(b) the health certificate accompanying bovine embryos shall bear the following words—
(c) the health certificate accompanying porcine semen shall bear the following words—
Dispatch of hides and skins
9.
—(1) A person shall not dispatch hides and skins of the bovine, ovine, caprine and porcine species and other biungulates unless accompanied by an official certificate which shall bear the following words—
(2) Paragraph (1) shall not apply to hides and skins which conform to the requirements of either—
provided compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 12.
Dispatch of animal products
10.
—(1) A person shall not dispatch animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations unless they are accompanied by an official certificate which shall bear the following words—
(2) Paragraph (1) shall not apply to animal products which have been subjected to—
(3) Paragraph (1) shall not apply to—
provided they are accompanied by a commercial document endorsed in accordance with regulation 12 of these Regulations.
(4) Paragraph (1) shall not apply to sheep wool, ruminant hair and pigs' bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs' bristles which are securely enclosed in packaging and dry, provided they are accompanied by a commercial document stating either—
(5) Paragraph (1) shall not apply to petfood—
provided they are accompanied by a commercial document endorsed in accordance with regulation 12
(6) Paragraph (1) shall not apply to composite products—
provided they are accompanied by a commercial document endorsed in accordance with regulation 12.
(7) Paragraph (1) shall not apply to—
provided they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents and the products are clearly labelled "for in-vitro diagnostic use only" or "for laboratory use only" or as "medicinal products".
(8) Paragraph (1) shall not apply to composite products that fulfil the conditions set out in Article 6(1) of Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts[20], provided they are accompanied by a commercial document which shall bear the following words—
Exemptions
11.
The prohibitions in regulations 5, 6, 7 and 10 shall not apply in relation to products not produced in the United Kingdom and which remain in their original packaging indicating the country of origin of the products.
Endorsement of commercial documents
12.
—(1) Where reference is made to a commercial document being endorsed in accordance with this regulation, the document shall have attached to it an official certificate stating that—
(b) that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
(2) The official certificate in paragraph (1) shall bear a reference to the Decision, be valid for 30 days, state the expiry date and be renewable after inspection of the establishment.
Powers of inspectors
13.
—(1) An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation "premises" includes any place, shed, land, building, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
(2) An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may—
(3) The following provisions of the Order shall apply as if these Regulations were an order made under the Order—
Illegal consignments of products
14.
—(1) This regulation shall have effect when an inspector, on reasonable grounds, suspects that any consignment, other than live animals, is intended to be dispatched in contravention of these Regulations.
(2) The inspector may seize the consignment and remove it in order to have it dealt with by a Lay Magistrate.
(3) If an inspector seizes a consignment, he shall inform the person appearing to him to be in charge of the consignment of his intention to have it dealt with by a Lay Magistrate, and—
(4) If it appears to a Lay Magistrate that there was an intention to dispatch the consignment in contravention of these Regulations he shall, unless he is satisfied that the consignment can be returned to the owner without risk of a further attempt to dispatch it in contravention of these Regulations, order that the consignment shall be destroyed or otherwise disposed of so as to prevent it from being despatched.
(5) When under the preceding paragraph a Lay Magistrate is satisfied that there was an intention to dispatch a consignment in breach of these Regulations, the owner, the consignor and the consignee shall be jointly and severally liable for the costs reasonably incurred in its removal to storage, its storage and its destruction or disposal.
Obstruction
15.
A person shall not—
Furnishing false information
16.
A person shall not furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Penalties
17.
A person contravening any provision of these Regulations shall be guilty of an offence and liable—
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
14th August 2007.
L.S.
Elizabeth Redmond
A senior officer of the Department of Agriculture and Rural Development
They provide powers for enforcement (regulations 13 and 14 ) and create offences of obstruction and provision of false or misleading information (regulations 15 and 16).
Breach of the Regulations is an offence, punishable—
[3] O.J. No. L210, 10.8.2007, p. 36back
[4] O.J. No. L206, 7.8.2007, p 10back
[5] S.I. 1981/1115 (N.I. 22) as amended by S.I. 1984/702 (N.I. 2) Article 17 and S.I. 1994/1891 (N.I.) 6 Arts. 19, 22, 23(1) and (2), 24(1) and Scheduleback
[6] S.R 2006 No.401 as amended by S.R. 2007 No. 327back
[7] S.R 1998 No. 45 as amended by S.R. 1998 No. 207, S.R. 1999 No. 308, S.R. 2000 No. 78, S.R. 2000 No. 191, S.R. 2000 No. 287, S.R. 2001 No. 226, S.R. 2001 No. 242, S.R. 2001 No. 429, S.R. 2004 No. 7, S.R. 2004 No. 464, S.R. 2005 No. 35, S.R. 2006 No. 3 and S.R. 2006 No. 202back
[9] O.J. No. 121, 29.7.1964, p. 1977/64 as last amended by Directive 2006/104/ECback
[10] O.J. No. L46, 19.2.1991, p. 19 as last amended by Directive 2006/104/ECback
[11] O.J. No. L139, 30.4.2004, p. 55. The revised text of Regulation (EC) No 853/2004 is now set out in a Corrigendum (O.J. No. L226, 25.6.2004, p. 22) and that Regulation was last amended by Council Regulation (EC) No 1791/2006back
[12] O.J. No. L139, 30.4.2004, p. 206. The revised text of Regulation (EC) No 853/2004 is now set out in a Corrigendum (O.J. No. L226, 25.6.2004, p. 83) and that Regulation was last amended by Council Regulation (EC) No 1791/2006back
[13] O.J. L18, 23.1.2003, p. 11back
[14] O.J. No. L306, 22.11.2003, p. 1 as last amended by Directive 2006/104/EC (O.J. No. L363, 20.12.2006, p.352)back
[15] O.J. L 273, 10.10.2002, p. 1back
[16] O.J. No. L62,15.3.1993, p. 49back
[17] O.J. No. L311, 28.11.2001, p67back
[18] O.J. No. L311, 28.11.2001, p1back
[19] O.J. No. L121, 1.5.2001, p34back
[20] O.J. No. L116, 4.05.2007, p. 9back