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Scottish Statutory Instruments

2007 No. 1

AGRICULTURE

The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007

Made

9th January 2007

Laid before the Scottish Parliament

10th January 2007

Coming into force

1st February 2007

CONTENTS

Go to Preamble

  1. PART 1

    Introduction

    1. 1. Citation, commencement and extent

    2. 2. Interpretation

    3. 3. Person responsible for a consignment

    4. 4. Exemption for authorised products and personal imports

  2. PART 2

    Enforcement

    1. 5. Enforcement authorities and exchange of information

    2. 6. Appointment of official veterinary surgeons and official fish inspectors

    3. 7. Exercise of enforcement powers

    4. 8. Powers of entry and inspection

    5. 9. Powers in relation to documents

    6. 10. Protection of officials acting in good faith

    7. 11. Entry warrants

    8. 12. Local authority returns

    9. 13. Suspension of border inspection posts and inspection centres

    10. 14. Regulatory functions of official fish inspectors

  3. PART 3

    Provisions Applicable to Products in General

    1. 15. Prohibition of non-conforming products

    2. 16. Prohibition of introduction of products except at border inspection posts

    3. 17. Advance notice of introduction or presentation

    4. 18. Presentation of products at border inspection posts

    5. 19. Veterinary checks and official controls

    6. 20. Common veterinary entry document to accompany consignment

    7. 21. Products which fail veterinary checks

    8. 22. Treatment as animal by-products

    9. 23. Products containing unauthorised substances and excess residues

    10. 24. Consignments and products illegally brought in

    11. 25. Products dangerous to animal or public health

    12. 26. Serious or repeated infringements

    13. 27. Invalidation of veterinary documents

    14. 28. Costs in respect of products redispatched or disposed of

  4. PART 4

    The Disposal and Burial of Unused On-Board Catering Supplies and Other Material

    1. 29. Disposal of unused catering supplies

    2. 30. Approval of landfills

    3. 31. Operators of landfills

    4. 32. Amendment, suspension and revocation of approvals

    5. 33. Appeals

  5. PART 5

    Products Intended for Import

    1. 34. Retention of documents at border inspection posts

    2. 35. Evidence of certification of, and payment for, veterinary checks

    3. 36. Products not intended for the United Kingdom

    4. 37. Products transported under supervision

    5. 38. Transhipment of products intended for import

  6. PART 6

    Transit Products

    1. 39. Border inspection posts of entry and exit

    2. 40. Prior authorisation of transit

    3. 41. Physical check of transit products

    4. 42. Movement of transit products

    5. 43. Disposal of returned transit products

  7. PART 7

    Products Intended for Warehouses, Ships' Stores or Cross-Border Means of Sea Transport

    1. 44. Application of Part 7

    2. 45. Additional information to be given in advance

    3. 46. Physical check of non-conforming products

    4. 47. Exclusion of non-conforming products from warehouses

    5. 48. Direct movement to cross border means of sea transport

    6. 49. Additional certificate to accompany products on board means of sea transport

  8. PART 8

    Products Returned from Third Countries

    1. 50. Meaning of “export certificate”

    2. 51. Additional documentation for returned products

    3. 52. Physical check of returned products

    4. 53. Movement of returned products

  9. PART 9

    Charges for Veterinary Checks

    1. 54. Payment of charges

    2. 55. Calculation of charges

    3. 56. Conversion of charges to sterling

    4. 57. Liability for charges

    5. 58. Information relating to charges

    6. 59. Appeals against charges paid to local authorities

    7. 60. Appeals against charges paid to the Scottish Ministers or the Agency

  10. PART 10

    Emergency Declarations

    1. 61. Disease outbreaks in third countries

  11. PART 11

    Offences and Penalties

    1. 62. Obstruction

    2. 63. Defences

    3. 64. Contraventions

    4. 65. Penalties

    5. 66. Offences by bodies corporate

    6. 67. Offences by Scottish partnerships

  12. PART 12

    Notices and Decisions

    1. 68. Service of notices

    2. 69. Notification of decisions

  13. PART 13

    Disapplications and Revocations

    1. 70. Disapplication of existing provisions

    2. 71. Revocations

    1. SCHEDULE 1

      Import Conditions

      1. PART I

        PROVISIONS COMMON TO SEVERAL CATEGORIES OF PRODUCT

      2. PART II

        FRESH MEAT OF BOVINE, OVINE AND CAPRINE ANIMALS AND SWINE

      3. PART III

        MEAT PRODUCTS

      4. PART IV

        MILK AND DAIRY PRODUCTS

      5. PART V

        FRESH POULTRYMEAT

      6. PART VI

        WILD GAME MEAT

      7. PART VII

        MINCED MEAT AND MEAT PREPARATIONS

      8. PART VIII

        MISCELLANEOUS PRODUCTS

      9. PART IX

        GENETIC MATERIAL

      10. PART X

        FISHERY PRODUCTS

    2. SCHEDULE 2

      Equivalence Decisions

    3. SCHEDULE 3

      Calculation of Charges for Veterinary Checks

      1. PART I

        COSTS COVERED BY THE CHARGES

      2. PART II

        CONSIGNMENTS FROM NEW ZEALAND

      3. PART III

        MEAT AND MEAT PRODUCTS

      4. PART IV

        FISHERY PRODUCTS

      5. PART V

        ALL OTHER PRODUCTS

    4. SCHEDULE 4

      Provisions Where Due Diligence Defence is Available

Go to Explanatory Note

The Scottish Ministers in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and section 56(1) and (2) of the Finance Act 1973(2), and of all other powers enabling them in that behalf, make the following Regulations–

(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. Back [1]

(2)

1973 c. 51. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998. Back [2]

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