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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2007 No. 386

ANIMALS

ANIMAL HEALTH

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

  Made 24th August 2007 
  Laid before the Scottish Parliament 28th August 2007 
  Coming into force in accordance with article 1


CONTENTS

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

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

     These Regulations make provision for a purpose mentioned in section 2(2) of that Act, and it appears to the Scottish Ministers that it is expedient for references to Community instruments referred to in regulation 2(1) to be references to those instruments as amended from time to time.

Title, commencement, cessation and extent
     1. —(1) These Regulations may be cited as the Foot-and-Mouth Disease (Export Restrictions) (Scotland) Regulations 2007, and come into force at 2300 hours on 24th August 2007.

    (2) These Regulations cease to have effect on 15th September 2007.

    (3) 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.

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–

    (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–

    (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–

    (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–

    (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



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) (Scotland) (No. 2) Regulations 2007. They cease to have effect on 15th September 2007.

They implement in Scotland Commission Decision 2007/554/EC, as amended by Commission Decision 2007/588/EC, concerning certain protection measures against foot-and-mouth disease in the United Kingdom.

They regulate–

    • the export and movement of live animals (regulation 3),

    • the export of meat from bovine, ovine caprine and porcine animals (regulation 4),

    • the export of meat products, milk and dairy products (regulations 5, 6 and 7),

    • the export of semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates (regulation 8), hides and skins (regulation 9) and various animal products (regulation 10).

They create an offence of offering to export anything which it is prohibited to export under the Regulations (regulation 13).

They provide for the cleansing and disinfection of vehicles used to transport live animals susceptible to foot-and-mouth disease (regulation 14)

They provide powers in respect of enforcement (regulation 15) and create offences of obstruction and providing false information (regulations 17 and 18).

Breach of the Regulations is an offence, punishable–

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.


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. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).back

[2] O.J. No. L 210, 10.8.2007, p.36.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. 2007/1, as amended by S.S.I 2007/304.back

[7] S.S.I. 2007/194.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

[12] S.I. 2006/182.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

[24] S.S.I. 2007/377.back



ISBN 978 0 11 078394 9


 © Crown copyright 2007

Prepared 3 September 2007


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