Paragraph 2
After the arrival of a consignment of imported milk at a designated place an authorised officer shall carry out a primary examination (that is to say an examination of any document accompanying the consignment of imported milk and at the option of the authorised officer such examination of that consignment as may be carried out without opening any closed container).
If upon that primary examination the authorised officer decides—
that any of the consignment of imported milk has been imported in breach of these Regulations, or
in the case of cream or milk-based drink, that human health would be protected if that consignment were not unconditionally authorised to be removed,
he shall give notice to the importer in writing that the consignment must not be removed from the designated place for any purpose other than its disposal or destruction in accordance with sub-paragraph (3) or (4) of this paragraph.
In the case of specified drinking milk or bulk milk, having regard to considerations of human health, where the authorised officer is of the opinion that—
it is not necessary to destroy the consignment, he shall require the importer at the importer’s expense and at his option either to return the consignment to the consignor or to use it for a purpose other than human consumption or to destroy it;
it is necessary to destroy the consignment, he shall require the importer, at the importer’s expense, to destroy the consignment.
In the case of cream or milk-based drink, the authorised officer shall require the importer at the importer’s expense to export the consignment or to use it for a purpose other than human consumption or to destroy it.
If upon that primary examination the authorised officer does not come to a decision described in sub-paragraph (2) of this paragraph, he may either—
unconditionally authorise the importer in writing to remove the consignment, or
subject to sub-paragraph (6) of this paragraph, arrange the carrying out of further examination of the consignment in accordance with paragraph 3 of this Schedule.
In the case of specified drinking milk or bulk milk, the authorised officer may act under sub-paragraph (5)(b) of this paragraph only where it appears to him that one of the following provisions applies, that is to say:—
Article 5(4) of the Council Directive (which permits intensified checks in specified circumstances relating to the non-observance in a milk-treatment establishment of the provisions of the Council Directive);
Article 7(2) of the Council Directive (which permits checks where irregularities are suspected).