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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2007 No. 376

ANIMALS

ANIMAL HEALTH

The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Regulations 2007

  Made 9th August 2007 
  Laid before the Scottish Parliament 10th August 2007 
  Coming into force in accordance with article 1


CONTENTS

1. Title, commencement and extent
2. Interpretation
3. Approvals
4. Importation of live animals
5. Dispatch of live animals
6. Dispatch of fresh meat, minced meat, mechanically separated meat and meat preparations
7. Dispatch of meat products
8. Dispatch of milk
9. Dispatch of dairy products
10. Dispatch of semen, ova and embryos
11. Dispatch of hides and skins
12. Dispatch of animal products
13. Exemptions
14. Endorsement of commercial documents
15. Dispatch of equidae
16. Personal exports
17. Offers to dispatch or export
18. Powers of an inspector
19. Illegal consignments of products
20. Obstruction
21. Furnishing false information
22. Offences by bodies corporate
23. Penalties
24. Authorisations, certificates or approvals issued in another part of the British Islands
25. Enforcement

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[
1] and all other powers enabling them to do so.

Title, commencement and extent
     1. —(1) These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Regulations 2007, and come into force at 2000 hours on 9th August 2007.

    (2) These Regulations extend to Scotland only.

Interpretation
    
2. —(1) In these Regulations, unless the context otherwise requires–

    (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 Scottish Ministers shall approve premises for the purposes of these Regulations if satisfied that the occupier of the premises 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 in writing at any time.

    (3) Any requirement for approved premises shall be fulfilled if the premises are in a part of the British Islands outside Scotland and are approved by the relevant authority in that part for the purposes of the Decision.

Importation of live animals
    
4. No person shall import any live animal of species susceptible to foot-and-mouth disease into Scotland from another member State.

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

    (2) By way of derogation from paragraph (1) of this regulation, the Scottish Ministers may authorise the direct and uninterrupted transit of a biungulate animal through the restricted area if the animal is to travelled on main roads or railway lines.

    (3) But the Scottish Ministers shall only grant the authorisation mentioned in paragraph (2) in respect of a dispatch to a member State if notice has been given by them to the central and veterinary authorities in the member State of destination three days before the intended dispatch, and–

Dispatch of fresh meat, minced meat, mechanically separated meat and meat preparations
     6. —(1) No person shall dispatch any meat of an animal of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.

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

provided that the meat–

    (3) The prohibition in paragraph (1) does not apply in relation to fresh meat–

    (4) An animal referred to in paragraph (3)(a) shall be transported–

    (5) Meat consigned to another member State must be accompanied by a certificate from an official veterinarian which bears the following words–

    (6) In this regulation, the reference to "meat" includes fresh meat, minced meat, mechanically separated meat and meat preparations as defined in paragraph 1 of Annex 1 to Regulation 853/2004.

Dispatch of meat products
     7. —(1) No person shall dispatch meat products, including treated stomachs, bladders and intestines, of an animal of the bovine, ovine, caprine or porcine species and other biungulate coming from the restricted area, or prepared using meat obtained from animals originating in that area.

    (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 not eligible for dispatch, provided that the meat products–

    (3) Meat products consigned to another member State must be accompanied by a certificate from an official veterinarian which bears the following words–

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

    (5) Paragraph (3) does not apply to meat products 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.

Dispatch of milk
    
8. —(1) No person shall dispatch milk.

    (2) The prohibition in paragraph (1) does not apply to milk which has been subjected to at least a treatment in accordance with–

    (3) The prohibition in paragraph (1) does not apply to milk prepared in an establishment in the restricted area if–

    (4) Milk consigned to another member State shall be accompanied by an official certificate which bears the following words–

    (5) Paragraph (4) of this regulation shall not apply to milk which 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 which conforms with the requirements of paragraph (2)(a) or (b) and which has been treated in hermetically sealed containers so as to ensure that it is shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.

Dispatch of dairy products
     9. —(1) No person shall dispatch a dairy product.

    (2) The prohibition in paragraph (1) does not apply to a dairy product–

    (3) The prohibition in paragraph (1) does not apply to a dairy product intended for human consumption produced from–

    (4) The prohibition in paragraph (1) does not apply to a dairy product–

    (5) A dairy product consigned to another member State must be accompanied by an official certificate which bears the following words–

    (6) Paragraph (5) of this regulation does not apply to a dairy product which complies 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 product has 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 a dairy product which complies with the requirements of paragraphs (2)(a) or (b), (3) or (4), which has 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.

Dispatch of semen, ova and embryos
    
10. —(1) No person shall dispatch semen, ova or embryos of an animal of the bovine, ovine, caprine and porcine species and other biungulate.

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

    (3) Frozen bovine semen consigned to another member State must be accompanied by a health certificate bearing the following words:–

    (4) Bovine embryos consigned to another member State must be accompanied by a health certificate bearing the following words:–

    (5) Frozen porcine semen consigned to another member State must be accompanied by a health certificate bearing the following words:–

Dispatch of hides and skins
     11. —(1) No person shall dispatch hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.

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

    (3) Hides and skins consigned to another member State must be accompanied by an official certificate which bears the following words:–

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

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 14.

Dispatch of animal products
    
12. —(1) No person shall dispatch an animal product of a bovine, ovine, caprine and porcine species or other biungulate not otherwise mentioned in these Regulations, produced after 15th July 2007.

    (2) No person shall dispatch dung or manure.

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

    (4) A product specified in paragraph (3) dispatched to another member State must be accompanied by an official certificate which bears the following words:–

    (5) Paragraph (4) does not apply to a product specified in sub-paragraphs (b), (c) or (d) of paragraph (3) accompanied by a commercial document endorsed in accordance with regulation 14 of these Regulations.

    (6) Paragraph (4) does not apply to a product specified in sub-paragraph (e) of paragraph (3) accompanied by a commercial document stating that the product–

    (7) Paragraph (4) does not apply to a product specified in sub-paragraph (g) of paragraph (3) 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 accompanied by a commercial document endorsed in accordance with regulation 14.

    (8) Paragraph (4) does not apply to a product specified in sub-paragraph (i) of paragraph (3) accompanied by a commercial document stating that the product is for use as in-vitro diagnostic or laboratory reagent, provided that the product is clearly labelled "for in-vitro diagnostic use only" or "for laboratory use only".

Exemptions
    
13. The prohibitions in regulations 7, 8, 9 and 12 do not apply to a product–

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 a copy of the official certificate which–

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

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

Dispatch of equidae
    
15. —(1) Any person dispatching an animal of an equidae species shall ensure that the animal is accompanied by a health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae[17].

    (2) The certificate shall only be issued for equidae coming from a holding that is not subject to official prohibition under the Foot-and-Mouth Disease (Scotland) Order 2006[18].

    (3) The certificate accompanying equidae dispatched to another member State in accordance with paragraph (1) of this regulation, must bear the following words:–

Personal exports
     16. No person travelling out of Scotland shall take with them in any personal luggage or on any other non-commercial basis any animal or product to which these Regulations apply.

Offers to dispatch or export
    
17. No person shall 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 an inspector
    
18. —(1) An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right to enter any land or premises at all reasonable hours for the purpose of ascertaining whether there is or has been on the land or premises any contravention of these Regulations.

    (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) 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.

Illegal consignments of products
    
19. —(1) An inspector who has reasonable grounds to suspect that any product other than an animal is intended to be dispatched in contravention of these Regulations may seize and remove the product.

    (2) An inspector who has seized and removed a product shall forthwith–

    (3) The sheriff, if satisfied that it was intended to dispatch the product in contravention of these Regulations, shall–

    (4) The owner and any person in charge of a product destroyed or disposed in accordance with an order under paragraph (3) the owner shall be jointly and severally liable for the costs incurred in the return to the owner, removal to storage, storage or destruction or disposal.

    (5) An inspector may apply to the sheriff for the destruction of a product stored in accordance with an order under paragraph (3), and the sheriff shall order that it is to be destroyed if satisfied that the owner cannot–

Obstruction
    
20. No person shall–

Furnishing false information
    
21. No person shall furnish to any person acting in the execution of these Regulations any information which is known to be false or misleading.

Offences by bodies corporate
    
22. —(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–

that officer or person as well as the body corporate, shall be guilty of the offence and be 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
    
23. A person contravening any provision of these Regulations is guilty of an offence and liable–

Authorisations, certificates or approvals issued in another part of the British Islands
    
24. —(1) Where these Regulations require any authorisation, certificate or approval to be issued or granted by the Scottish Ministers, an equivalent document issued in another part of the British Islands by the relevant competent authority is valid.

    (2) Where these Regulations require anything to be processed in approved premises in Scotland, anything processed in premises approved for those purposes in another part of the British Islands shall be treated as if it had been processed in approved premises in Scotland.

Enforcement
    
25. These Regulations shall be enforced by the Scottish Ministers or the local authority.


IAN ANDERSON
A member of the staff of the Scottish Ministers

Pentland House, Edinburgh
9th August 2007



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations give effect in Scotland to Commission Decision 2007/552/EC concerning interim protection measures with regard to foot-and-mouth disease in the United Kingdom.

They regulate–

    • the importation and dispatch of live animals (regulations 4 and 5),

    • the export of meat from bovine, ovine caprine and porcine animals (regulation 6),

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

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

    • the export of equidae (regulation 15).

They create offences of personal export and of offering to export anything which it is prohibited to export under the Regulations (regulations 16 and 17).

They provide powers in respect of enforcement (regulation 18) and create offences of obstruction and furnishing false information (regulations 20 and 21).

Breach of the Regulations is an offence, punishable–

The Regulations are enforced by the Scottish Ministers or the local authority (regulation 25).

A regulatory impact assessment has not been prepared for these Regulations.


Notes:

[1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] O.J. No. L 206, 7.8.2007, p.10.back

[3] O.J. No. L 18, 23.1.2003, p.11.back

[4] 1981 c.22.back

[5] S.I. 1996/3124, as amended by S.I. 1997/3023, 1998/994, 1999/663, 2000/656 and, as regards Scotland, S.S.I. 2000/62, 171, 288 and 2001/169 and 257.back

[6] S.S.I. 2007/194.back

[7] O.J. No. L 273, 10.10.2002, p.1 as last amended by Regulation (EC) No. 829/2007.back

[8] O.J. No. L 139, 30.4.2004, p.55.back

[9] O.J. No. L 139. 30.4.2004, p.206 as last amended by Regulation (EC) No. 1791/2006.back

[10] O.J. No. L 121, 29.7.1964, p.1977/64 as last amended by Directive 2006/104/EC.back

[11] O.J. No. L 46, 19.2.1991, p.19 as last amended by Directive 2006/104/EC.back

[12] O.J. No. L 62, 15.3.1993, p.49.back

[13] O.J. No. L 306, 22.11.2003, p.1 as last amended by Directive 2006/104/EC.back

[14] O.J. No. L 194, 22.7.1988, p.10 as last amended by the Act of Accession of Austria, Finland and Sweden.back

[15] O.J. No. L 302, 19.10.1989, p.11 as last amended by Act of Accession of Austria, Finland and Sweden.back

[16] O.J. No. L 224, 18.8.1990, p.62 as last amended by Council Decision 2001/36/EC (O.J. No. L 13, 19.1.2000, p.21.back

[17] O.J. No. L 224, 18.8.90, p.42.back

[18] S.S.I. 2006/44.back



ISBN 978 0 11 078387 1


 © Crown copyright 2007

Prepared 16 August 2007


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URL: http://www.bailii.org/scot/legis/num_reg/2007/20070376.html