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STATUTORY INSTRUMENTS

2007 No. 2970

ANIMALS, ENGLAND

ANIMAL HEALTH

The Import and Export Restrictions (Foot-and-Mouth Disease) (No.4) Regulations 2007

  Made 5.15 p.m. on 12th October 2007 
  Laid before Parliament 15th October 2007 
  Coming into force 6.30 p.m. on 12th October 2007 


CONTENTS

1. Title, application, commencement and cessation
2. Interpretation
3. Approvals
4. Importation of live animals
5. Dispatch and movement of live animals
6. Export of fresh meat, minced meat, mechanically separated meat and meat preparations and sale of meat not eligible for export
7. Export of meat products
8. Export of milk
9. Export of dairy products
10. Export of semen, ova and embryos
11. Export of hides and skins
12. Export of animal products
13. Exemptions
14. Endorsement of commercial documents
15. Personal exports
16. Offers to dispatch or export
17. Powers of inspectors
18. Powers of officers of Revenue and Customs
19. Illegal consignments of products
20. Obstruction
21. Offences by bodies corporate
22. Penalties
23. Authorisations, certificates, etc. issued in another part of the United Kingdom
24. Sharing information
25. Enforcement
26. Revocations

  SCHEDULE— Areas from which meat exports may be authorised

The Secretary of State is designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the Common Agricultural Policy of the European Community.

     The Secretary of State makes these Regulations in exercise of the powers conferred on him by section 2(2) of the European Communities Act 1972.

Title, application, commencement and cessation
     1. These Regulations—

    (a) may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No.4) Regulations 2007;

    (b) apply in England;

    (c) come into force at 6.30 p.m. on 12th October 2007; and

    (d) cease to have effect on 15th November 2007.

Interpretation
     2. —(1) In these Regulations—

    "approved" means approved for the purposes of these Regulations in accordance with regulation 3;

    "the Commissioners" means the Commissioners for Her Majesty's Revenue and Customs;

    "the Decision" means Commission Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom[3];

    "dispatch" means dispatch from a place within Great Britain to a place outside Great Britain and includes consigning for dispatch;

    "export" includes consigning for export;

    "inspector" means a person appointed as an inspector for the purposes of the Animal Health Act 1981[4] or the Animals and Animal Products (Import and Export) (England) Regulations 2006[5], or a person authorised by the Secretary of State, local authority or Food Standards Agency to be an authorised officer or official veterinary surgeon for the purposes of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006[6] or the Products of Animal Origin (Import and Export) Regulations 1996[7];

    "HACCP" means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;

    "local authority" means—

    (a) where there is, within the meaning of the Local Government Changes for England Regulations 1994[8], a unitary authority for that local government area, that authority;

    (b) where there is not a unitary authority—

      (i) where there is a port health authority, that authority;

      (ii) in a metropolitan district, the council of that district;

      (iii) in a non-metropolitan county, the county or district council;

      (iv) in each London borough (except in relation to imported animals) the council of that borough; or

      (v) in the City of London, and for all London boroughs in relation to imported animals, the Common Council;

    "official veterinarian" means a veterinarian who is qualified in accordance with 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[9] to act in such a capacity and is appointed by the Food Standards Agency; and

    "slaughter", in relation to an animal, means causing the death of the animal by bleeding.

    (2) A notice under these Regulations shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.

Approvals
     3. —(1) The Secretary of State or a local authority may approve establishments, slaughterhouses or cutting plants for the purposes of these Regulations if they are satisfied that the occupier will comply with the conditions of these Regulations.

    (2) Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice at any time, and in particular may be suspended or revoked if the Secretary of State (or in the case of an approval granted by the local authority, that local authority) is reasonably of the opinion that the provisions of these Regulations or any conditions of approval are not being complied with.

Importation of live animals
     4. No person may import any live animal of the bovine, ovine, caprine or porcine species or any other biungulate into England from another member State.

Dispatch and movement of live animals
     5. —(1) No person may dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.

    (2) By way of derogation from paragraph (1), the Secretary of State may authorise the export of those animals originating outside Great Britain if the animals travelled through Great Britain on main roads and railway lines and the requirements relating to export in paragraph (3) are complied with.

    (3) No person may export any biungulate animal to another member State unless at least three days before export the Secretary of State has notified that member State; and—

    (a) in the case of bovine, ovine, caprine or porcine animals, the health certificate accompanying the animals bears the following words—

           " Animals conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom"; or

    (b) in the case of any other biungulates, the health certificate accompanying the animals bears the following words—

           " Live biungulates conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom".

    (4) No person may move any biungulate through Great Britain except on main roads or railway lines.

Export of fresh meat, minced meat, mechanically separated meat and meat preparations and sale of meat not eligible for export
     6. —(1) No person may export any meat from animals of the bovine, ovine, caprine or porcine species or other biungulate coming from Great Britain or obtained from animals originating in Great Britain.

    (2) In this regulation, the reference to "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[10].

    (3) The prohibition in paragraph (1) does not apply in relation to meat bearing a 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[11], provided that the meat—

    (a) is clearly identified, and has been transported and stored since the date of production separately from meat from Great Britain not eligible for export; and

    (b) complies either with—

      (i) paragraph (4); or

      (ii) paragraphs (5) and (6).

    (4) The meat referred to in paragraph (3)(b)(i) must have been—

    (a) obtained before 15th July 2007; or

    (b) derived from animals reared for at least 90 days prior to slaughter outside Great Britain and slaughtered outside Great Britain or, in the case of meat obtained from wild game of species susceptible to foot-and-mouth disease, killed outside Great Britain.

    (5) The meat referred to in paragraph (3)(b)(ii) must be obtained from domestic bovine, ovine, caprine or porcine animals that—

    (a) were kept for at least the past 90 days on holdings situated within the areas specified in the Schedule, where there has been no outbreak of foot-and-mouth disease for 90 days;

    (b) during the 30 days prior to transport to the slaughterhouse, remained under the supervision of the Secretary of State on a single holding—

      (i) situated in the centre of a circle of at least 10 km radius in which there was no outbreak of foot-and-mouth disease during at least the past 30 days; and

      (ii) where no animal of a species susceptible to foot-and-mouth disease was introduced during the 21 days prior to loading, except in the case of pigs coming from a holding which also meets the conditions set out in sub-paragraph (a), in which case this period is reduced to 7 days;

    (c) were transported under control of the Secretary of State in means of transport that were cleaned and disinfected before loading from the holding referred to in sub-paragraph (b) directly to the approved slaughterhouse; and

    (d) were slaughtered less than 24 hours after arrival at the slaughterhouse separately from animals the meat of which is not eligible for export.

    (6) The meat referred to in paragraph (3)(b)(ii) must also—

    (a) be obtained in an approved slaughterhouse situated within the areas specified in the Schedule;

    (b) be at all times clearly identified, handled, stored and transported separately from meat not eligible for export;

    (c) be inspected, along with the animal from which it derived, post-mortem by an official veterinarian in the slaughterhouse with no clinical signs or evidence of foot-and-mouth disease identified; and

    (d) remain in the slaughterhouse for at least 24 hours after that post-mortem inspection.

    (7) If foot-and-mouth disease is identified in a slaughterhouse within the areas specified in the Schedule, the occupier must ensure that—

    (a) all animals present are slaughtered;

    (b) all meat and dead animals are removed;

    (c) the slaughterhouse is cleansed and disinfected; and

    (d) no meat is prepared for consigning outside the areas listed in the Schedule for 24 hours following completion of the cleansing and disinfection required by sub-paragraph (c).

    (8) The prohibition in paragraph (1) does not apply in relation to fresh meat obtained from an approved cutting plant situated in Great Britain if—

    (a) only fresh meat as described in paragraph (3)(b) is processed in the cutting plant in any one day;

    (b) cleansing and disinfection is carried out after processing any meat not meeting the requirement in sub-paragraph (a);

    (c) all meat bears the health mark in accordance with Chapter III of Section I to Annex I of Regulation (EC) No 854/2004;

    (d) the cutting plant is operated under strict veterinary control; and

    (e) the fresh meat is clearly identified, and has been transported and stored separately from meat from Great Britain that is not eligible for export.

    (9) Any person consigning an animal to a slaughterhouse to produce meat intended for export in accordance with this regulation must provide a written declaration that it complies with each of the conditions contained in sub-paragraphs (5)(a) to (d) and ensure that such declaration accompanies the consigned animal.

    (10) Meat exported to another member State must be accompanied by an official certificate from an official veterinarian which bears the following words—

           " Meat conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom".

    (11) Meat not eligible for export to another member State must be marked in accordance with the second subparagraph of Article 4(1) of Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption[12], or in accordance with Commission Decision 2001/304/EC on the marking and use of certain animal products[13].

    (12) Fresh meat obtained from animals reared outside Great Britain and transported directly and under official control in sealed means of transport to an approved slaughterhouse situated in Great Britain, may be placed on the market in England if—

    (a) the meat is marked in accordance with the second subparagraph of Article 4(1) of Directive 2002/99/EC or in accordance with Decision 2001/304/EC;

    (b) the slaughterhouse is operated under strict veterinary control; and

    (c) the meat is clearly identified, and has been transported and stored separately from meat from Great Britain that is not eligible for export.

Export of meat products
     7. —(1) No person may export meat products, including treated stomachs, bladders and intestines, of animals of the bovine, ovine, caprine or porcine species or other biungulates coming from Great Britain or prepared using meat obtained from such animals originating in Great Britain.

    (2) The prohibition in paragraph (1) does not apply to meat products that have been transported and stored since the date of production separately from other meat products from Great Britain that are not eligible for export, provided that the meat products—

    (a) are clearly identified;

    (b) bear the health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004; and

    (c) are made from meats—

      (i) described in regulation 6(3)(b); or

      (ii) that have undergone at least one of the relevant treatments laid down for foot-and-mouth disease in Part 1 of Annex III to Directive 2002/99/EC.

    (3) Meat products exported to another member State must be accompanied by an official certificate which bears the following words—

           " Meat products (including treated stomachs, bladders and intestines) conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom".

    (4) Paragraph (3) does not apply to meat products that comply with paragraph (2) and have been processed in an establishment operating HACCP and an auditable standard operating procedure that ensures that standards for treatment are met and recorded, if compliance with paragraph (2)(c)(ii) is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14.

    (5) Paragraph (3) does not apply to meat products heat treated in accordance with paragraph (2)(c)(ii) stored in hermetically sealed containers so as to ensure that they are shelf stable, if the heat treatment applied is stated in the commercial document accompanying the consignment.

Export of milk
     8. —(1) No person may export milk produced or prepared in Great Britain.

    (2) The prohibition in paragraph (1) does not apply to milk produced from animals kept in Great Britain that has been subjected to at least a treatment in accordance with—

    (a) Part A of Annex IX to Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease[14], if the milk is intended for human consumption; or

    (b) Part B of Annex IX to Directive 2003/85/EC, if the milk is not intended for human consumption.

    (3) The prohibition in paragraph (1) does not apply to milk prepared in an approved establishment situated in Great Britain under the following conditions—

    (a) all milk used in the establishment has either—

      (i) been treated in accordance with paragraph (2); or

      (ii) has been obtained from animals reared and milked outside Great Britain;

    (b) the establishment must be operated under strict veterinary control;

    (c) the milk is clearly identified and transported and stored separately from milk and dairy products from Great Britain not eligible for export; and

    (d) transport of raw milk from holdings situated outside Great Britain to the establishment in Great Britain is carried out in vehicles that were cleansed and disinfected prior to operation and had no subsequent contact with holdings in Great Britain keeping animals of species susceptible to foot-and-mouth disease.

    (4) Milk exported to another member State must be accompanied by an official certificate which bears the following words—

           " Milk conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom".

    (5) Paragraph (4) does not apply to milk that complies with the requirements of paragraph (2)(a) or (b) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, 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.

    (6) Paragraph (4) does not apply to milk that conforms with the requirements of paragraph (2)(a) or (b) and that 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.

Export of dairy products
     9. —(1) No person may export dairy products produced or prepared in Great Britain.

    (2) The prohibition in paragraph (1) does not apply to dairy products—

    (a) produced before 15th July 2007;

    (b) prepared from milk complying with the provisions in regulation 8(2) or (3); or

    (c) for export to a third country where import conditions permit such products to be subject to treatment other than laid down in regulation 8(2) which ensures the inactivation of the foot-and-mouth disease virus.

    (3) The prohibition in paragraph (1) does not apply to dairy products intended for human consumption—

    (a) that are finished products, the ingredients of which comply with the respective animal health conditions laid down in these Regulations;

    (b) produced from milk of a controlled pH less than 7.0 and subject to a heat treatment at a temperature of at least 72°C for at least 15 seconds; or

    (c) produced from raw milk of bovine, ovine or caprine animals (that have been resident for at least 30 days on a holding situated in Great Britain, and within the centre of a circle of at least 10 km radius where no outbreak of foot-and-mouth disease has occurred during the 30 days prior to the date of production of the raw milk) and which has been subject to a maturation or ripening process of at least 90 days during with the pH is lowered below 6.0 throughout the substance, and the rind of which has been treated with 0.2% citric acid immediately prior to wrapping or packaging.

    (4) The prohibition in paragraph (1) does not apply to—

    (a) dairy products prepared in an approved establishment situated in Great Britain if—

      (i) all milk used in the establishment either conforms to the conditions of regulation 8(2) or is obtained from animals outside Great Britain;

      (ii) all dairy products used in the final product either conform to the conditions of paragraphs (2)(a) or (b) or (3) of this regulation or are made from milk obtained from animals outside Great Britain;

      (iii) the establishment is operated under strict veterinary control; and

      (iv) the dairy products are clearly identified and transported and stored separately from milk and dairy products from Great Britain that are not eligible for export; or

    (b) dairy products prepared outside Great Britain using milk obtained before 15th July 2007 from Great Britain provided that the milk products are clearly identified and transported and stored separately from dairy products from Great Britain not eligible for export.

    (5) Dairy products exported to another member State must be accompanied by an official certificate which bears the following words—

           " Dairy products conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom".

    (6) Paragraph (5) does not apply to milk products that comply with the requirements of paragraphs (2)(a) or (b), (3) or (4) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the dairy products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.

    (7) Paragraph (5) does not apply to dairy products that conform to the requirements of paragraphs (2)(a) or (b), (3) or (4), which have been treated in hermetically sealed containers so as to ensure that they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.

Export of semen, ova and embryos
     10. —(1) No person may export semen, ova or embryos of animals of the bovine, ovine, caprine or porcine species or other biungulates produced in or brought into Great Britain.

    (2) The prohibition in paragraph (1) does not apply in relation to—

    (a) semen, ova or embryos produced before 15th July 2007; or

    (b) frozen bovine or porcine semen or bovine embryos imported into the United Kingdom in accordance with the conditions laid down in—

      (i) Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species [15];

      (ii) Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species[16]; and

      (iii) Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species[17],

    and which since introduction into the United Kingdom have been stored and transported separately from semen or embryos from Great Britain not eligible for export.

    (3) The health certificate accompanying frozen bovine semen exported to another member State must bear the following words—

           " Frozen bovine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom".

    (4) The health certificate accompanying bovine embryos exported to another member State must bear the following words—

           " Bovine embryos conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom".

    (5) The health certificate accompanying porcine semen exported to other member States must bear the following words—

           " Frozen porcine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom".

Export of hides and skins
     11. —(1) No person may export hides or skins of animals of the bovine, ovine, caprine or porcine species or other biungulates produced in or brought into Great Britain.

    (2) The prohibition in paragraph (1) does not apply in relation to hides and skins that—

    (a) were produced before 15th July 2007;

    (b) conform to the requirements of point (c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption[    18]; or

    (c) were produced outside Great Britain in accordance with the conditions laid down in Regulation (EC) No 1774/2002 and since introduction into the United Kingdom have been transported separately from hides or skins from Great Britain not eligible for export,

provided that treated hides or skins are separated from untreated hides and skins.

    (3) Hides or skins exported to another member State must be accompanied by an official certificate which bears the following words:—

           " Hides and skins conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom".

    (4) Paragraph (3) does not apply to hides or skins which conform to the requirements of either—

    (a) points (b) to (e) or paragraph 1 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002; or

    (b) points (c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002,

if 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 144.

Export of animal products
     12. —(1) No person may export animal products of the bovine, ovine, caprine or porcine species or other biungulates not otherwise mentioned in these Regulations—

    (a) produced after 15th July 2007 in Great Britain; or

    (b) obtained from animals originating from Great Britain.

    (2) No person may export dung or manure from animals of the bovine, ovine, caprine or porcine species or other biungulates from Great Britain.

    (3) The prohibition in paragraph (1) does not apply in relation to—

    (a) animal products that—

      (i) have been subject to a heat treatment in a hermetically sealed container with a Fo value of 3,00 or more;

      (ii) have been subject to a heat treatment in which the centre temperature is raised to at least 70°C; or

      (iii) were produced outside Great Britain in accordance with the conditions laid down in Regulation (EC) No 1774/2002, and which since introduction into the United Kingdom have been stored and transported separately from animal products from Great Britain not eligible for export;

    (b) blood or blood products—

      (i) as defined in points 4 and 5 of Annex I to Regulation (EC) No 1774/2002 which have been subjected to at least one of the treatments provided for in paragraph 3(a)(ii) of Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002, followed by an effectiveness check; or

      (ii) that have been imported in accordance with Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002;

    (c) lard or rendered fats which have been subjected to the heat treatment prescribed in point 2(d)(iv) of Part B of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002;

    (d) animal casings that comply with the conditions in Part A of Chapter 2 of Annex 1 to Directive 92/118/EC laying down animal health and public requirements governing trade in and imports into the Community of certain products[    19], which have been cleaned, scraped and then either salted, bleached or dried, and where subsequently effective steps were taken to prevent the recontamination of the casings;

    (e) sheep wool, ruminant hair or pigs' bristles, any of which has undergone factory washing or has been obtained from tanning;

    (f) sheep wool, ruminant hair or pigs' bristles, any of which has been securely enclosed in packaging and is dry;

    (g) petfood conforming to the requirements of points 2 to 4 of Part B of Chapter II of Annex VIII to Regulation (EC) No 1774/2002;

    (h) composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;

    (i) game trophies in accordance with points 1, 3 or 4 of Part A of Chapter VII of Annex VIII to Regulation (EC) No 1774/2002;

    (j) packed animal products intended for use as in-vitro diagnostic or laboratory reagents; or

    (k) medicinal products as defined in Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to medicinal products for human use[20], non-viable medical devices as defined in Article 1(5)(g) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices[21], veterinary medicinal products as defined in Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to veterinary medicinal products[22] and investigational medicinal products as defined in Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the conduct of clinical trials on medicinal products for human use[23].

    (4) The animal products referred to in paragraph (3) for export to other member States must be accompanied by an official certificate which bears the following words—

           " Animal products conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom".

    (5) Paragraph (4) does not apply to products specified in paragraph (3)(b), (c) or (d) that are accompanied by a commercial document endorsed in accordance with regulation 14.

    (6) Paragraph (4) does not apply to products specified in paragraph (3)(e) or (f) that are accompanied by a commercial document stating—

    (a) that the products have undergone factory washing or have been obtained from tanning; or

    (b) that the products comply with the conditions laid down in points 1 and 4 of Part A of Chapter VIII of Annex VIII to Regulation (EC) No 1774/2002.

    (7) Paragraph (4) does not apply to products specified in paragraph (3)(g) or (h) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these Regulations and they have a commercial document endorsed in accordance with regulation 14.

    (8) Paragraph (4) does not apply to products specified in paragraph (3)(j) or (k) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents or medical products or medical devices, provided that the products are clearly labelled "for in-vitro diagnostic use only" or "for laboratory use only" or as "medical products" or as "medical devices".

    (9) Paragraph (4) does 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[24] if they are accompanied by a commercial document which bears the following words:

           " These composite products are shelf stable at ambient temperatures or have clearly undergone in their manufacture a complete cooking or heat treatment process throughout their substance so that any raw material is de-natured".

Exemptions
     13. The prohibitions in regulations 7, 8, 9 and 12 do not apply in relation to—

    (a) products not produced in the United Kingdom and which remain in their original packaging indicating the country of origin of the products; and

    (b) products that are—

      (i) produced in an approved establishment in Great Britain from pre-processed products originating outside Great Britain which, since introduction into the United Kingdom have been transported, stored and processed separately from products from Great Britain not eligible for export; and

      (ii) accompanied by a commercial document or official certificate as required by these Regulations.

Endorsement of commercial documents
     14. —(1) Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate stating that—

    (a) the products concerned have been produced—

      (i) in a production process that has been audited and found to be in compliance with the appropriate requirements in Community animal health legislation and suitable to destroy the foot-and-mouth disease virus; or

      (ii) from pre-processed materials that have been certified accordingly; and

    (b) provisions are in place to avoid possible recontamination with the foot-and-mouth disease virus after treatment.

    (2) The certificate must bear a reference to the Decision, is valid for 30 days, must state the expiry date and is renewable after inspection of the establishment.

    (3) In the case of products for retail sale to the final consumer, a consolidated consignment other than fresh meat, minced meat, mechanically separated meat and meat preparations, each of which is eligible for export in accordance with these Regulations, may be exported from an approved establishment accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate that—

    (a) confirms that the establishment of export has in place a system to ensure that goods can only be exported if they are traceable to documentary evidence of compliance with these Regulations;

    (b) confirms that this system has been audited and found satisfactory;

    (c) refers to the Decision;

    (d) is valid for 30 days;

    (e) states the expiry date; and

    (f) is renewable only after the establishment had been audited with satisfactory results.

Personal exports
     15. No person travelling out of England may take with them in their personal luggage or on any other non-commercial basis any product to which these Regulations apply.

Offers to dispatch or export
     16. No person may offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.

Powers of inspectors
     17. —(1) An inspector may, on producing, if required to do so, some duly authenticated document showing his authority, at all reasonable hours 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, 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 may carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may—

    (a) detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations and intended for export for as long as is reasonably necessary to determine whether the consignment complies with the conditions for export;

    (b) search any premises;

    (c) carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;

    (d) examine documentary or data processing material relevant to the checks carried out under these Regulations, including any import or export manifest; and

    (e) take with him a representative of the European Commission acting for the purposes of the Decision.

Powers of officers of Revenue and Customs
     18. An officer of Revenue and Customs may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.

Illegal consignments of products
     19. —(1) This regulation has effect when an inspector, on reasonable grounds, suspects that anything other than live animals is intended to be exported in contravention of these Regulations.

    (2) The inspector may seize it and remove it in order to have it dealt with by a justice of the peace.

    (3) If he seizes it he must inform the person appearing to him to be in charge of the consignment of his intention to have it dealt with by a justice of the peace, and—

    (a) any person who might be liable for prosecution under these Regulations in relation to the export shall, if he attends before the justice of the peace by whom the matter falls to be dealt with, be entitled to be heard and to call witnesses; and

    (b) the justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under these Regulations in relation to that consignment.

    (4) If it appears to a justice of the peace that there was an intention to export the consignment in contravention of these Regulations he must, unless he is satisfied that the consignment can be returned to the owner without risk of a further attempt to export 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 justice of the peace is satisfied that there was an intention to export a consignment in breach of these Regulations, the owner, the consignor and the consignee are jointly and severally liable for the costs reasonably incurred in its removal to storage, its storage and its destruction or disposal.

Obstruction
     20. No person shall—

    (a) intentionally obstruct any person acting in the execution of these Regulations;

    (b) without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations; or

    (c) furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.

Offences by bodies corporate
     21. —(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,

he as well as the body corporate, is guilty of the offence and is 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.

Penalties
     22. A person contravening any provision of these Regulations is guilty of an offence and liable—

    (a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both; or

    (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Authorisations, certificates, etc. issued in another part of the United Kingdom
     23. —(1) Where these Regulations require any authorisation, certificate or approval to be issued or granted by the Secretary of State in England, an equivalent document issued in another part of the United Kingdom by the relevant competent authority is valid.

    (2) Where these Regulations require anything to be done in approved establishments or cutting plants in England, anything done in premises approved for those purposes in another part of the United Kingdom shall be treated as if it had been processed in approved premises in England.

Sharing information
     24. —(1) The Secretary of State, the Commissioners and any local authority may exchange information for the purposes of these Regulations, and may divulge information to the enforcement authorities in another part of the British Islands.

    (2) Paragraph (1) is without prejudice to any other power of the Secretary of State, the Commissioners or any local authority to disclose information.

    (3) No person, including a servant of the Crown, may disclose any information received from the Commissioners 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 of these Regulations; and

    (c) the Commissioners have not given their prior consent to the disclosure.

Enforcement
     25. These Regulations shall be enforced by the Secretary of State or the local authority.

Revocations
     26. The Import and Export Restrictions (Foot-And-Mouth Disease) (No.3) Regulations 2007[25] are revoked.


Jeff Rooker
Minister of State Department for Environment, Food and Rural Affairs

5.15p.m. pm on 12th October 2007



SCHEDULE
Regulation 6(6)


Areas from which meat exports may be authorised


GROUP ADNS(¹) Administrative Unit
Scottish Islands 131 Shetland Islands
           123 Orkney Islands
           124 NA H-Eileanan An Iar
Scotland 121 Highland
           122 Moray
           126 Aberdeenshire
           128 Aberdeen City
           79 Angus
           81 Dundee City
           80 Clackmannanshire
           90 Perth & Kinross
           127 Fife
           85 Falkirk
           88 Midlothian
           96 West Lothian
           129 City of Edinburgh
           130 East Lothian
           92 Scottish Borders
           94 Stirling
           125 Argyll and Bute
           83 East Dunbartonshire
           84 East Renfrewshire
           86 City of Glasgow
           87 Inverclyde
           89 North Lanarkshire
           91 Renfrewshire
           93 South Lanarkshire
           95 West Dunbartonshire
           82 East Ayrshire
           132 North Ayrshire
           133 South Ayrshire
           134 Dumfries & Galloway
England 141 Cumbria
           169 Northumberland
           10 Gateshead
           16 Newcastle-upon-Tyne
           17 North Tyneside
           26 South Tyneside
           29 Sunderland
           144 Durham
           52 Darlington
           55 Hartlepool
           58 Middlesbrough
           64 Redcar and Cleveland
           69 Stockton-on-Tees
           151 Lancashire
           38 Blackburn with Darwen
           39 Blackpool
           176 North Yorkshire excluding Selby
           177 Selby District
           78 York
           53 East Riding of Yorkshire
           45 City of Kingston upon Hull
           60 North East Lincolnshire
           61 North Lincolnshire
                      West Yorkshire consisting of:
           32 Wakefield District
           11 Kirklees District
           6 Calderdale District
           4 Bradford
           13 Leeds
South Yorkshire consisting of                      
           1 Barnsley District
           8 Doncaster District
           20 Rotherham District
           24 Sheffield District
Greater Manchester consisting of:                      
           30 Tameside District
           18 Oldham District
           19 Rochdale District
           5 Bury District
           3 Bolton District
           21 Salford District
           31 Trafford District
           15 Manchester District
           27 Stockport District
           34 Wigan District
Merseyside consisting of:                      
           12 Knowsley District
           14 Liverpool District
           23 Sefton District
           28 St. Helens District
           74 Warrington
           140 Cheshire County
           54 Halton
           35 Wirral District
           142 Derbyshire County
           44 City of Derby
           157 Nottinghamshire County
           47 City of Nottingham
           153 Lincolnshire
           159 Shropshire
           71 Telford and Wrekin
           161 Staffordshire County
           50 City of Stoke-on-Trent
           170 Devon County
           73 Torbay
           136 Plymouth
           171 Cornwall County
           172 Isles of Scilly
           114 Isle of Wight
Wales 115 Sir Ynys Mon - Isle of Anglesey
           116 Gwynedd
           103 Conwy
           108 Sir Ddinbych-Denbigshir
           111 Sir Y Fflint-Flintshire
           113 Wrecsam-Wrexham
           173 North Powys
           174 South Powys
           118 Sir Ceredigion-Ceredigion
           110 Sir Gaerfyrddin –Carmarthen
           119 Sir Benfro-Pembrokeshire
           97 Abertawe-Swansea
           102 Castell-Nedd Port Talbot-Neath Port Talbot
           105 Pen-y-Bont Ar Ogwr – Bridgend
           107 Rhondda/Cynon/Taf
           99 Bro Morgannwg-The Valee of Glamorgan
           98 Bleanau Gwent
           112 Tor-Faen – Tor Faen
           101 Casnewydd - Newport
           104 Merthyr Tudful-Merthyr Tydfil
           100 Caerffili – Caerphilly
           117 Caerdydd - Cardiff
           109 Sir Fynwy - Monmouthshire

(¹) ADNS means Animal Disease Notification System (under Commission Decision 2005/176/EC of 1 March 2005 laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC, OJ No. L59, 5.3.2005, p. 40)


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations revoke and re-make with amendments the Import and Export Restrictions (Foot-and-Mouth Disease) (No.3) Regulations 2007. The principal amendments allow the export of certain meat from specified areas (regulation 6(5) and (6) and the Schedule). The Regulations implement Commission Decision of 12 October 2007 amending Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom (not yet published in the Official Journal).

They regulate—

    (a) the importation and dispatch of live animals (regulations 4 and 5);

    (b) the export of meat from bovine, ovine caprine and porcine animals and other biungulates, and the sale of meat not eligible for export (regulation 6);

    (c) the export of meat products, milk and dairy products (regulations 7, 8 and 9);

    (d) the export of semen, ova or embryos of animals of the bovine, ovine, caprine or porcine species or other biungulates (regulation 10), hides and skins (regulation 11) and various animal products (regulation 12); and

    (e) personal exports (regulation 15).

They create an offence of offering to export anything which it is prohibited to export under the Regulations (regulation 16).

They provide powers for enforcement, and powers for officers of Revenue and Customs (regulations 17 to 19) and create an offence of obstruction (regulation 20).

Breach of the Regulations is an offence, punishable with up to two years' imprisonment.

The Regulations are enforced by the Secretary of State or the local authority (regulation 25).

An impact assessment has not been prepared for these Regulations.

Notes:

 [1] S. I. 1972/1811.back

[2] 1972 c. 68.back

[3] OJ No. L210, 10.8.2007, p. 36 as last amended by Commission Decision of 12 October 2007 amending Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom (not yet published in the Official Journal).back

[4] 1981 c. 22.back

[5] S.I. 2006/1471.back

[6] S. I. 2006/2841.back

[7] S. I. 1996/3124.back

[8] S. I. 1994/867.back

[9] OJ No. L139, 30.4.2004, p.206. The revised text of Regulation (EC) No. 854/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.83) and that Regulation was last amended by Council Regulation (EC) No. 1791/2006.back

[10] OJ No. L139, 30.4.2004, p. 55.back

[11] OJ No. L139, 30.4.2004, p. 206 as last amended by Regulation (EC) No. 1791/2006.back

[12] OJ No. L18, 23.1.2003, p 11.back

[13] OJ No.L104, 13.4.2001, p 6.back

[14] OJ No. L306, 22.11.2003, p. 1 as last amended by Directive 2006/104/EC.back

[15] OJ No. L194, 22.7.1988, p. 10 as last amended by the Act of Accession of Austria, Finland and Sweden.back

[16] OJ No. L302, 19.10.1989, p.11 as last amended by Act of Accession of Austria, Finland and Sweden.back

[17] OJ No. L224, 18.8.1990, p. 62 as last amended by Council Decision 2001/36/EC (OJ No. L13, 19.1.2000, p. 21.back

[18] OJ No. L273, 10.10.2002, p. 1 as last amended by Regulation (EC) No. 829/2007.back

[19] OJ No. L62, 15.3.1993, p.49.back

[20] OJ No. L311, 28.11.2001, p.67.back

[21] OJ No. L169, 12.7.1993, p.1.back

[22] OJ No. L311, 28.11.2001, p.1.back

[23] OJ No. L121, 1.5.2001, p.34.back

[24] OJ No. L 116, 4.5.2007, p. 9back

[25] S. I. 2007/2712.back


ISBN 978 0 11 078862 3


 © Crown copyright 2007

Prepared 19 October 2007
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