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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2007 No. 2375

ANIMALS, ENGLAND

ANIMAL HEALTH

The Import and Export Restrictions (Foot-And-Mouth Disease) (No. 2) Regulations 2007

  Made 10th August 2007 
  Laid before Parliament 13th August 2007 
  Coming into force 6.00 p.m. on 10th August 2007 


CONTENTS

1. Title, application, commencement and cessation
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 inspectors
19. Powers of officers of Revenue and Customs
20. Illegal consignments of products
21. Obstruction
22. Furnishing false information
23. Offences by bodies corporate
24. Penalties
25. Authorisations, certificates, etc. issued in another part of the British Islands
26. Sharing information
27. Enforcement
28. Revocations

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—

Interpretation
    
2. —(1) In these Regulations—

    (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 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 are not being complied with.

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

Dispatch 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 dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area on main roads and railway lines.

    (3) The Secretary of State may only authorise the dispatch of the biungulate animals originating outside the restricted area to another member State if at least three days before dispatch he has notified the destination member State, and—

Dispatch of fresh meat, minced meat, mechanically separated meat and meat preparations
    
6. —(1) No person may dispatch any meat of animals 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) 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[
9].

    (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[10], provided that—

    (4) The prohibition in paragraph (1) does not apply in relation to fresh meat obtained from an approved cutting plant situated in the restricted area if—

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

Dispatch of meat products
     7. —(1) No person may dispatch meat products, including treated stomachs, bladders and intestines, of animals of the bovine, ovine, caprine or porcine species and other biungulates coming from the restricted area or prepared using meat obtained from such 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 an official certificate 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 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.

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

    (2) The prohibition in paragraph (1) does not apply to milk produced from animals kept 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 approved establishment situated in the restricted area under the following conditions—

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

    (5) Paragraph (4) does 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 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.

Dispatch of dairy products
     9. —(1) No person may dispatch dairy products.

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

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

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

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

    (6) Paragraph (5) does not apply to milk products which 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 which 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.

Dispatch of semen, ova and embryos
    
10. —(1) No person may dispatch semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.

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

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

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

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

Dispatch of hides and skins
     11. —(1) No person may 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 in relation to hides and skins which—

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 14.

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

    (2) No person may dispatch dung or manure from animals of the bovine, ovine, caprine and porcine species and other biungulates from the restricted area.

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

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

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

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

    (7) Paragraph (4) does not apply to products specified in sub-paragraphs (f) and (g) of paragraph (3) 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 sub-paragraphs (i) and (j) of paragraph (3) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents or medicinal products, provided that the products are clearly labelled "for in-vitro diagnostic use only" or "for laboratory use only" or as "medicinal products".

    (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[21] if they are accompanied by a commercial document which bears the following words:

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

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—

    (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 dispatch in accordance with these Regulations, may be dispatched from an approved establishment 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 equidae must ensure that they are 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[22].

    (2) The certificate may only be issued for equidae coming from a holding that is not subject to official prohibition under the Foot-and-Mouth Disease (England) Order 2006[23].

    (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 the British Islands may take with him in his personal luggage or on any other non-commercial basis any product to which these Regulations apply.

Offers to dispatch or export
    
17. 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
    
18. —(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—

Powers of officers of Revenue and Customs
    
19. 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
    
20. —(1) This regulation has effect when an inspector, on reasonable grounds, suspects that anything other than live animals is intended to be dispatched 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—

    (4) If it appears to a justice of the peace that there was an intention to dispatch 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 dispatch 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 dispatch 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
    
21. No person shall—

Furnishing false information
    
22. No person shall 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
    
23. —(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—

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

Authorisations, certificates, etc. issued in another part of the British Islands
    
25. —(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 British Islands 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 British Islands shall be treated as if it had been processed in approved premises in England.

Sharing information
    
26. The Secretary of State, the Commissioners for Her Majesty's Revenue and Customs 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.

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

Revocations
    
28. The Import and Export Restrictions (Foot-And-Mouth Disease) Regulations 2007[24] are revoked.


Jonathan Shaw
Parliamentary Under Secretary of State Department for Environment Food and Rural Affairs

10th August 2007



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which apply in England, revoke and re-make with amendments the Import and Export Restrictions (Foot-and-Mouth Disease) Regulations 2007. They implement Commission Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom.

They regulate—

They create an offence of offering to export anything which it is prohibited to export under the Regulations (regulation 17).

They provide powers for enforcement, and powers for officers of Revenue and Customs (regulations 18 to 20 ) and create an offence of obstruction (regulation 21).

Breach of the Regulations is an offence, punishable—

The Regulations are enforced by the Secretary of State or the local authority (regulation 27).

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. L 210, 10.8.2007, p. 36.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. 55.back

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

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

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

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

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

[15] 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

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

[17] OJ No. L62, 15.3.1993, p49back

[18] OJ No. L311, 28.11.2001, p67back

[19] OJ No. L311, 28.11.2001, p1back

[20] OJ No. L121, 1.5.2001, p34back

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

[22] OJ No. L224, 18.8.90, p. 42.back

[23] S. I. 2006/182.back

[24] S. I. 2007/2331.back



ISBN 978 0 11 078660 5


 © Crown copyright 2007

Prepared 15 August 2007


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