# The Importation of Milk Regulations 1988, Paragraph 4


(1) Where notice is given to an importer under paragraph 2(2) or 3(2) of this Schedule that a consignment of imported milk must not be removed from a designated place for any purpose other than its disposal or destruction in accordance with paragraph 2(3), 2(4), 3(3) or 3(4) of this Schedule, such notice shall—
(a) specify the grounds on which it is based;
(b) where the imported milk is specified drinking milk or bulk milk imported on or after 1st January 1989, inform the importer of his right to obtain the opinion of an expert by serving a counter-notice in accordance with sub-paragraph (4) of this paragraph;
(c) inform the importer that the consignment may be disposed of or destroyed by the authorised officer so that it cannot be used for human consumption, unless—
(i) within the time specified in sub-paragraph (2) of this paragraph the importer gives to the authorised officer a written undertaking to comply with the requirement to dispose of or destroy the consignment as specified in the notice, or to try to prove to a magistrates' court that the decision of the authorised officer, under paragraph 2(2) or 3(2) of this Schedule, as the case may be, was incorrect; or
(ii) the authorised officer rescinds the notice.
(2) The time within which the importer is required to give an undertaking under sub-paragraph (1)(c)(i) of this paragraph shall be—
(a) in the case of specified drinking milk or bulk milk where the importer serves a counter-notice in accordance with sub-paragraph (4) of this paragraph, within seven days of the contents of the written opinion of the expert being notified to him under sub-paragraph (8)(a) of this paragraph;
(b) in the case of specified drinking milk or bulk milk where the importer does not serve a counter-notice in accordance with sub-paragraph (4) of this paragraph, within seven days of the receipt of the notice under paragraph 2(2) or 3(2) of this Schedule;
(c) In any other case, a time specified in the notice under paragraph 2(2) or 3(2) of this Schedule, being not earlier than the end of the next working day after the notice is received.
(3) If within the time specified in sub-paragraph (2) of this paragraph the authorised officer has not received any such written undertaking as is described in the notice, or if within that time he has received such written undertaking and the undertaking has not been carried out, the authorised officer may cause the consignment to be disposed of or destroyed by such means and in such manner as to prevent it from being used for human consumption in the United Kingdom.
(4) An importer of specified drinking milk or bulk milk imported on or after 1st January 1989 given a notice under paragraph 2(2) or 3(2) of this Schedule may, within seven days from the date of service of the notice, serve a counter-notice upon the authorised officer requiring him to obtain the opinion of an expert, to be nominated by the Minister, as to the matters specified in sub-paragraph (6) of this paragraph.
(5) Upon receipt of a counter-notice served under sub-paragraph (4) of this paragraph, the authorised officer shall inform the Minister of its contents and request the nomination of an expert for the said purpose.
(6) The Minister shall consult the Commission of the European Economic Community as to the nomination of an expert, who shall be a national of a Member State of the said Community other than the exporting country or the United Kingdom and acting on the advice of the said Commission the Minister shall nominate an expert to determine—
(a) whether the consignment has been imported contrary to these Regulations; and
(b) the accuracy and relevance of any matter specified in the notice under paragraph 2(2) or 3(2) of this Schedule as a ground on which such notice is based.
(7) The expert so nominated shall examine the consignment and determine the matters referred to in sub-paragraph (6) of this paragraph and shall give his written opinion thereon to the authorised officer.
(8) Not later than the end of the next working day after receipt by him of the written opinion of the expert, the authorised officer—
(a) shall notify its contents to the importer who, under sub-paragraph (4) of this paragraph, has required it to be obtained, and
(b) may rescind the notice given by him under paragraph 2(2) or 3(2) of this Schedule by giving written notice to that effect to the importer.
(9) If within the time specified in sub-paragraph (2) of this paragraph the authorised officer has received a written undertaking in accordance with sub-paragraph (1)(c)(i) of this paragraph to try to prove to a magistrates' court that the decision of the authorised officer was incorrect, the authorised officer shall—
(a) apply, by way of complaint to a justice of the peace made no later than the end of the next working day after receipt of the undertaking, for an order of a magistrates' court under paragraph 5 of this Schedule,
(b) authorise the importer to remove from the designated place such milk as the importer may reasonably require for the purpose of evidence in the magistrates' court, and
(c) make available to the importer such information (in relation to any further examination which has taken place under paragraph 3 of this Schedule) as the importer may reasonably require for the purpose of evidence in the magistrates' court.

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Source: https://www.legislation.gov.uk/uksi/1988/1803/schedule/2/paragraph/4 (the official version)
Page: https://openlegislation.uk/importation-of-milk-regulations-1988/schedule-2/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.