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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Regulations 2007 No. 376 URL: http://www.bailii.org/scot/legis/num_reg/2007/20070376.html |
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Made | 9th August 2007 | ||
Laid before the Scottish Parliament | 10th August 2007 | ||
Coming into force in accordance with article 1 |
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 |
(b) a veterinary inspector;
(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–
bears the following words:–
(b) in the case of any other biungulate, the health certificate accompanying the animal bears the following words:–
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–
(ii) the slaughterhouse is operated under strict veterinary control; and
(iii) the meat is clearly identified, and transported and stored separately from meat which is eligible for dispatch outside the United Kingdom.
(b) obtained from cutting plants situated in the restricted area provided that–
(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–
(b) prepared in a part of the United Kingdom outside the restricted area using milk obtained before 15th July 2007 from the restricted area if the product is clearly identified and transported and stored separately from milk products not eligible for dispatch.
(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–
and which since introduction into the United Kingdom have been stored and transported separately from semen and embryos not eligible for dispatch.
(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–
(b) blood and blood products as defined in paragraphs 4 and 5 of Annex I to Regulation 1774/2002 which have been subjected to–
(c) lard and rendered fats which have been subjected to the heat treatment prescribed in paragraph 2(d)(iv) of Part B of Chapter IV of Annex VII to Regulation 1774/2002;
(d) animal casings which are cleaned and scraped and then–
(e) sheep wool, ruminant hair and pig bristles which have undergone factory washing or have been obtained from tanning, and unprocessed sheep wool, ruminant hair and pig bristles which are securely enclosed in packaging and in a dry state;
(f) pet food conforming to the requirements of paragraphs 2 to 4 of Part B of Chapter II of Annex VIII to Regulation 1774/2002;
(g) composite products containing products of animal origin not subjected to further treatment provided 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;
(h) game trophies in accordance with paragraphs 1, 3 or 4 of Part A of Chapter VII of Annex VIII to Regulation 1774/2002; or
(i) any packed product intended for use as an in-vitro diagnostic or laboratory reagent.
(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–
(b) states that the product or products concerned have been produced from pre-processed materials which have been certified in accordance with paragraph (a), and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus.
(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
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.
[2] O.J. No. L 206, 7.8.2007, p.10.back
[3] O.J. No. L 18, 23.1.2003, p.11.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
[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