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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Import and Export Restrictions (Foot-And-Mouth Disease) (No. 2) Regulations 2007 No. 2375 URL: http://www.bailii.org/uk/legis/num_reg/2007/20072375.html |
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Made | 10th August 2007 | ||
Laid before Parliament | 13th August 2007 | ||
Coming into force | 6.00 p.m. on 10th August 2007 |
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 |
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—
(b) the establishment must be operated under strict veterinary control;
(c) the milk is clearly identified and transported and stored separately from milk and dairy products which are not eligible for dispatch; and
(d) transport of raw milk from holdings situated outside the restricted area to the establishment is carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the restricted area keeping animals of species susceptible to foot-and-mouth disease.
(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—
(b) dairy products prepared in parts of the United Kingdom outside the restricted area using milk obtained before 15th July 2007 from the restricted area provided that the milk products are clearly identified and transported and stored separately from dairy products not eligible for dispatch.
(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—
and which since introduction into the United Kingdom have been stored and transported separately from semen and embryos not eligible for dispatch.
(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—
(b) blood and blood products—
(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 (EC) No. 1774/2002;
(d) animal casings that comply with the conditions in Part A of Chapter 2 of Annex 1 to Directive 92/118/EC laying down animal health and public requirements governing trade in and imports into the Community of certain products[17], which have been cleaned, scraped and then either salted, bleached or dried, and where subsequently effective steps were taken to prevent the recontamination of the casings;
(e) sheep wool, ruminant hair and pigs' bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs' bristles which are securely enclosed in packaging and dry;
(f) petfood conforming to the requirements of points 2 to 4 of Part B of Chapter II of Annex VIII to Regulation (EC) No 1774/2002;
(g) composite products which are not subjected to further treatment containing products of animal origin on the understanding 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 points 1, 3 or 4 of Part A of Chapter VII of Annex VIII to Regulation (EC) No 1774/2002;
(i) packed animal products intended for use as in-vitro diagnostic or laboratory reagents; 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[18], 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[19] 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[20].
(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—
(b) provisions are in place to avoid possible recontamination with the foot-and-mouth disease virus after treatment.
(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
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.
[3] OJ No. L 210, 10.8.2007, p. 36.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