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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 Foot-and-Mouth Disease (Export Restrictions) (Scotland) Regulations 2007 No. 386 URL: http://www.bailii.org/scot/legis/num_reg/2007/20070386.html |
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Made | 24th August 2007 | ||
Laid before the Scottish Parliament | 28th August 2007 | ||
Coming into force in accordance with article 1 |
1. | Title, commencement, cessation and extent |
2. | Interpretation |
3. | Export and movement of live animals |
4. | Export of fresh meat, minced meat, mechanically separated meat and meat preparations and sale of meat not eligible for export |
5. | Export of meat products |
6. | Export of milk |
7. | Export of dairy products |
8. | Export of semen, ova and embryos |
9. | Export of hides and skins |
10. | Export of animal products |
11. | Exemptions |
12. | Endorsement of commercial documents |
13. | Offers to export |
14. | Cleansing and disinfection |
15. | Powers of an inspector |
16. | Illegal export of products |
17. | Obstruction |
18. | False information |
19. | Offences by bodies corporate |
20. | Penalties |
21. | Authorisations, certificates or approvals issued in another part of the British Islands |
22. | Sharing of information |
23. | Enforcement |
24. | Revocation |
(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.
Export and movement of live animals
3.
—(1) No person shall export any live animal of a bovine, ovine, caprine or porcine species or any other biungulate originating from the restricted area.
(2) By way of derogation from paragraph (1) of this regulation, the Scottish Ministers may authorise the export of those animals originating outside the restricted area–
(3) No person may export any biungulate animal originating outside the restricted area to another member State unless at least three days before export the Scottish Ministers have notified the destination member State, and–
Export of fresh meat, minced meat, mechanically separated meat and meat preparations and sale of meat not eligible for export
4.
—(1) No person shall export 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 obtained from a cutting plant situated in the restricted area if–
(4) Meat exported to another member State must be accompanied by a certificate from an official veterinarian which bears the following words–
(5) Meat not eligible for export to another member State must be marked in accordance with—
(6) 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 853/2004.
Export of meat products
5.
—(1) No person shall export 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 exported 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) and which 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 12.
(5) Paragraph (3) does not apply to meat products heat treated in accordance with paragraph (2)(c)(ii) and stored in hermetically sealed containers in such manner 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
6.
—(1) No person shall export milk produced or prepared in the restricted area.
(2) The prohibition in paragraph (1) does not apply to milk produced in the restricted area 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 exported 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 12, 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 heat 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.
Export of dairy products
7.
—(1) No person shall export a dairy product produced or prepared in the restricted area.
(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 the restricted area that are not eligible for export.
(5) A dairy product exported 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 12, 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.
Export of semen, ova and embryos
8.
—(1) No person shall export semen, ova or embryos of an animal of the bovine, ovine, caprine and porcine species and other biungulate produced in or coming from the restricted area.
(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 from the restricted area that are not eligible for export.
(3) Frozen bovine semen exported to another member State must be accompanied by a health certificate bearing the following words:–
(4) Bovine embryos exported to another member State must be accompanied by a health certificate bearing the following words:–
(5) Frozen porcine semen exported to another member State must be accompanied by a health certificate bearing the following words:–
Export of hides and skins
9.
—(1) No person shall export hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates produced in or coming from the restricted area.
(2) The prohibition in paragraph (1) does not apply to hides and skins that–
provided that treated hides and skins are separated from untreated hides and skins.
(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 12.
Export of animal products
10.
—(1) No person export dispatch an animal product of a bovine, ovine, caprine and porcine species or other biungulate not otherwise mentioned in these Regulations–
(2) No person shall dispatch from the restricted area any dung or manure from an animal of a bovine, ovine, caprine and porcine species or other biungulate.
(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 point 2(d)(iv) of Part B of Chapter IV of Annex VII to Regulation 1774/2002;
(d) animal casings that comply with the conditions in Part A of Chapter 2 of Annex I to Directive 92/118/EC laying down animal health and public requirements governing trade in and imports into the Community of certain products [19], and 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;
(i) any packed product intended for use as an in-vitro diagnostic or laboratory reagent; or
(j) 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], 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 [21] 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 [22].
(4) A product specified in paragraph (3) exported 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 13 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 (f) and (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 12.
(8) Paragraph (4) does not apply to a product specified in sub-paragraph (i) and (j) of paragraph (3) accompanied by a commercial document stating that the product is for use as in-vitro diagnostic or laboratory reagent or is a medicinal product, provided that the product is clearly labelled "for in-vitro diagnostic use only" or "for laboratory use only" or "medicinal product".
(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[23], if they are accompanied by a commercial document which bears the following words:
Exemptions
11.
The prohibitions in regulations 5, 6, 7 and 10 do not apply to a product–
Endorsement of commercial documents
12.
—(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 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–
Offers to export
13.
No person shall offer to export, or accept orders for the export of, anything prohibited from being exported by these Regulations, whether on the internet or otherwise.
Cleansing and disinfection
14.
—(1) Any person in charge of a vehicle used to transport any live animal of a bovine, ovine, caprine or porcine species or any other biungulate shall cleanse and disinfect that vehicle after the transport of the animal is completed.
(2) That person shall ensure that a record is kept of the date and place of the cleansing and disinfection, in accordance with Article 12(2)(d) of Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine.
Powers of an inspector
15.
—(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 export of products
16.
—(1) An inspector who has reasonable grounds to suspect that any product other than an animal is intended to be exported 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
17.
No person shall–
False information
18.
No person shall provide to any person acting in the execution of these Regulations any information which that person knows to be false or misleading.
Offences by bodies corporate
19.
—(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
20.
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
21.
—(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 done in an approved establishment or cutting plant 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 approved in Scotland.
Sharing of information
22.
The Scottish Ministers and any local authority may exchange information for the purposes of these Regulations, and may disclose information to an enforcement authority in another part of the British Islands.
Enforcement
23.
These Regulations shall be enforced by the Scottish Ministers or the local authority.
Revocation
24.
The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Regulations 2007[24] are revoked.
IAN ANDERSON
A member of the staff of the Scottish Ministers
Pentland House, Edinburgh
24th August 2007
They provide for sharing of information relating to these Regulations (regulation 22).
The Regulations are enforced by the Scottish Ministers or the local authority (regulation 23).
Regulation 24 gives effect to the revocation of the instrument being replaced by these Regulations.
A regulatory impact assessment has not been prepared for these Regulations.
[2] O.J. No. L 210, 10.8.2007, p.36.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
[6] S.S.I. 2007/1, as amended by S.S.I 2007/304.back
[8] O.J. No. L 273, 10.10.2002, p.1 as last amended by Regulation (EC) No. 829/2007.back
[9] O.J. No. L 139, 30.4.2004, p.55.back
[10] O.J. No. L 139. 30.4.2004, p.206 as last amended by Regulation (EC) No. 1791/2006.back
[11] The zone is described at http://defraweb/animalh/diseases/fmd/pdf/declaration-pz-sz-rz230807.pdf.back
[13] O.J. No. L 104, 13.4.2001, p.6.back
[14] OJ No. L 18, 23.1.2003, p.11.back
[15] O.J. No. L 306, 22.11.2003, p.1 as last amended by Directive 2006/104/EC.back
[16] O.J. No. L 194, 22.7.1988, p.10 as last amended by the Act of Accession of Austria, Finland and Sweden.back
[17] O.J. No. L 302, 19.10.1989, p.11 as last amended by Act of Accession of Austria, Finland and Sweden.back
[18] 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
[19] O.J. No. L 62, 15.3.1993, p.49.back
[20] O.J. No. L 311, 28.11.2001, p.67.back
[21] O.J. No. L 311, 28.11.2001, p.1.back
[22] O.J. No. L 121, 1.5.2001, p.34.back
[23] O.J. No. L 116, 4.5.2007, p.9.back