| Statutory Instruments 1999 No. The Bovine and Bovine Products (Trade) Regulations 1999 - continued |
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Requirements imposed on the operator of an establishment approved under regulation 12
(b) any inspector, and any person acting under the responsibility of an inspector, is provided with adequate facilities so as to enable him to carry out his functions under these Regulations in relation to the establishment and that he is given such reasonable assistance and access to such records (including any records held in electronic form) as he may at any reasonable time require for that purpose.
(2) In respect of the preparation at the establishment of any export eligible goods, that-
(b) where the establishment is approved as an export dedicated establishment the methods of operation for the preparation of export eligible goods comply with the requirements of the first column in Schedule 2 to these Regulations in accordance with the determination made by the Minister under regulation 12(3)(d) above as to the application of those requirements to the establishment; and (c) where the establishment is approved as an establishment other than an export dedicated establishment the methods of operation for the preparation of foreign origin export eligible goods comply with the requirements of the first column in Schedule 3 to these Regulations in accordance with the determination made by the Minister under regulation 12(3)(e) above as to the application of those requirements to the establishment.
(3) The operator of an establishment approved under regulation 12 above shall ensure that all export eligible goods prepared there, other than-
(b) food for domestic carnivores (whether or not destined for placing on the market in the United Kingdom),
are marked or labelled with an additional mark before a relevant despatch of the goods from the establishment.
(b) a despatch of the goods from the establishment to any establishment approved under these Regulations for the purpose of a despatch of the goods from that establishment, or subsequently from any other such establishment, from Great Britain to a member State or a third country; or (c) a despatch of the goods from the establishment to any export dedicated establishment whether or not for the purpose of despatch from that establishment, or subsequently from any other such establishment, from Great Britain to a member State or a third country.
(5) The operator of an establishment approved under regulation 12 above shall not mark any goods with an additional mark other than those required to be so marked under paragraph (3) above.
(b) are despatched from the establishment in means of transport, or in a lockable chamber or lockable container for the purpose of being carried on any means of transport, sealed by a veterinary inspector or a person acting under his responsibility.
(8) The operator of an establishment approved under regulation 12 above shall ensure that all foreign origin export eligible goods or foreign origin bovine by-products are unloaded, processed or treated, stored, handled, loaded and transported separately, or at different times, from bovine products which do not comply with the conditions set out in articles 6 and 7 and 9 to 13 of the Council Decision.
(b) any label or packaging bearing an additional mark; or (c) an official seal,
except in accordance with the instructions of a veterinary inspector.
(b) the time when the goods leave the establishment.
(14) The operator of an establishment approved under regulation 12 above shall give the Minister written notice of, and shall obtain his agreement to, any material change he intends to make to any of the facilities or processes used at that establishment in the preparation of foreign origin export eligible goods, DBES goods or ECHS goods before making any such change.
(b) of any facilities, processes or methods of operation used at that establishment in the production of any foreign origin bovine by-products,
before making any such change.
(b) the registration of an establishment under regulation 7 above; (c) the approval of an establishment under regulation 10 or 12 above; (d) the inspection or supervision of establishments registered or approved for the purposes of these Regulations; or (e) carrying out official checks in relation to the eligibility of bovine animals for the purposes of the DBES.
(2) Where the Minister has notified the operator of any establishment of a fee charged for the purposes of these Regulations in respect of the establishment the operator shall pay to the Minister the amount of the fee so charged.
(b) at, entering or leaving an aerodrome; or (c) at, entering or leaving an approved wharf, transit shed, customs warehouse or free zone,
an officer or an inspector may, for the purposes of the enforcement of these Regulations, stop and search the vehicle or vessel and may inspect any commercial documents or certificate accompanying any goods carried on the vehicle or vessel.
(b) foreign origin export eligible goods, DBES goods or ECHS goods; (c) controlled bovine by-products or foreign origin bovine by-products; or (d) any part of the vertebral column of a bovine animal,
and which he reasonably suspects may be illegal, he may search that vehicle or vessel and may inspect any commercial documents or certificate accompanying any goods carried on the vehicle or vessel.
(b) in the case of any goods of a kind described in-
(ii) regulation 6(1) above, they have been produced in contravention of that provision; (iii) regulation 6(9) above, there has been a contravention of regulation 6(8) above in relation to any of them;
(c) in the case of DBES goods, or ECHS goods which have undergone a stage of preparation in Great Britain, the goods-
(ii) are being or have been brought, despatched or consigned otherwise than in accordance with regulation 4(2) above (in the case of ECHS goods) or regulation 4(4) above (in the case of DBES goods);
(d) in the case of ECHS goods which have not undergone a stage of preparation in Great Britain-
(ii) they are being or have been brought, despatched or consigned in contravention of any provision of the Northern Ireland Regulations relating to the goods;
(e) in the case of foreign origin export eligible goods-
(ii) they are being or have been brought, despatched or consigned in contravention of regulation 5(1) or 6(5) above;
(f) in the case of controlled bovine by-products, they were produced in contravention of regulation 7 above;
(ii) they are being or have been brought, despatched or consigned in contravention of regulation 5(2) above; or
(h) in the case of vertebral column of a bovine animal, the goods are not in an impervious container clearly labelled in accordance with regulation 6(3) above.
(6) For the purposes of paragraph (1) above a "port", an "aerodrome", an "approved wharf", "transit shed", "customs warehouse" and "free zone" have the same meanings as they respectively have in the Customs and Excise Management Act 1979[16].
(b) there is on the premises any evidence of any contravention of any provisions of these Regulations.
(2) If a justice of the peace, on sworn information in writing is satisfied that there is reasonable ground for entry into any premises (excluding premises used only as a dwelling) for any such purpose as is mentioned in paragraph (1) above and that either-
(b) an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the justice may by warrant signed by him authorise an inspector to enter the premises, if need be by reasonable force.
(b) foreign origin export eligible goods, DBES goods or ECHS goods; (c) controlled bovine by-products or foreign origin bovine by-products; or (d) any part of the vertebral column of a bovine animal,
is illegal, he may require the person in control of any commercial documentation or certificate accompanying the consignment to deliver that documentation or certificate and any copies to him on demand.
(b) give notice that it must be removed at the expense of the person who is or appears to be in control of the consignment to some place specified in the notice and kept there at that person's expense until the notice is withdrawn or an order is made under paragraphs (6) or (7) below; or (c) seize it and remove it in order to have it dealt with by a justice of the peace.
(3) Where an inspector exercises the power conferred by paragraph (2) above, he shall as soon as is reasonably practicable, and in any event within the period of 21 days beginning on the day on which he exercises that power, determine whether he is satisfied that the consignment is not illegal.
(b) withdraw any notice given pursuant to paragraph (2)(a) or (b) above relating to the consignment; and (c) return anything which he has seized and which, in the case of food, is not unfit for human consumption.
(5) Where the inspector is satisfied that the consignment is illegal, he shall inform the person in charge of the consignment of his intention to have it dealt with by a justice of the peace and-
(b) the justice of the peace may, but need not, be a member of the court before which any person is charged with any offence in relation to the consignment.
(6) If it appears to a justice of the peace, on the basis of such evidence as he considers to be appropriate in the circumstances, that a consignment is illegal, he shall, unless he is satisfied that there is no relevant risk in respect of the consignment (or any part of it) if it is returned to the owner, order-
(b) any expenses reasonably incurred in connection with such destruction or disposal and (where the consignment was seized pursuant to paragraph (2)(c) above) in connection with storage prior to destruction, to be defrayed by the owner of the consignment.
(7) Where the justice of the peace is satisfied that there is no relevant risk in respect of the consignment if it is returned to the owner, he shall order the consignment to be returned to the owner.
(ii) regulation 6(1) above, the owner will produce goods in contravention of that provision; (iii) regulation 6(9) above, the owner will contravene regulation 6(8) above in relation to any of them;
(b) in the case of a consignment of foreign origin export eligible goods, DBES goods or ECHS goods or foreign origin bovine by-products, the owner will despatch some or all of those goods to a member State or a third country;
(9) A consignment is "illegal" for the purposes of this regulation if-
(b) in the case of a consignment of any goods of a kind described in-
(ii) regulation 6(1) above, they have been produced in contravention of that provision; (iii) regulation 6(9) above, there has been a contravention of regulation 6(8) above in relation to any of them;
(c) in the case of a consignment of DBES goods, or a consignment of ECHS goods which have undergone a stage of preparation in Great Britain, the goods-
(ii) are being or have been brought, despatched or consigned in contravention of regulation 4(2) above (in the case of ECHS goods) or regulation 4(4) above (in the case of DBES goods);
(d) in the case of a consignment of ECHS goods which have not undergone a stage of preparation in Great Britain-
(ii) they are being or have been brought, despatched or consigned in contravention of any provision of the Northern Ireland Regulations relating to the goods;
(e) in the case of a consignment of foreign origin export eligible goods-
(ii) it contains goods which are being or have been brought, despatched or consigned in contravention of regulation 5(1) or 6(5) above;
(f) in the case of a consignment of controlled bovine by-products, it contains goods produced in contravention of regulation 7 above;
(ii) it contains by-products which are being or have been brought, despatched or consigned in contravention of regulation 5(2) above; or
(h) in the case of a consignment of vertebral column of a bovine animal, the goods are not in an impervious container clearly labelled in accordance with regulation 6(3) above.
(10) In the application of this regulation to Scotland-
(b) paragraph (5)(b) above shall not apply; and (c) any order made under paragraph (6) above shall be sufficient evidence in any proceedings in relation to these Regulations of the fact that the consignment in question was falsely described.
Notes: [16] 1979 c. 2.back
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