# The Products of Animal Origin (Import and Export) Regulations 1996, Regulation 25: Consignments posing a risk to health and illegal consignments


(1) Subject to paragraphs (2) and (3) below, where checks at the border inspection post reveal that a consignment of products of animal origin does not comply with animal or public health conditions relating to import or, in the opinion of the official veterinary surgeon, constitutes a risk to animal or human health, an official veterinary surgeon or person acting under his supervision, after consulting the importer or his representative, may serve on the importer or his agent a notice—
(a) permitting the use of the products for purposes other than human consumption if that is authorised under rules made under Article 16(2) of Directive 90/675;
(b) ordering the re-dispatch of the consignment outside the European Community; or
(c) ordering the destruction of the consignment.
(2) Subject to paragraph (3) below, where products of animal origin do not comply with animal or public health conditions but are intended for re-export, the official veterinary surgeon, after consultation with the Divisional Veterinary Manager, may authorise in writing the importer to transport the products for storage in a free zone or free warehouse and store them there provided that—
(a) they correspond to their accompanying documents;
(b) they are stored in separate rooms from the products destined to be put into free circulation in the territory of the European Community;
(c) they are not released except to a country outside the European Community in accordance with Article 12 of Directive 90/675;
(d) the importer has produced to the person operating the free zone or warehouse evidence that the local authority for the free zone or warehouse does not oppose the introduction of the products;
(e) the official veterinary surgeon for the border inspection post of importation has specified the fact of the passage or storage of the products on the veterinary certificates or documents;
(f) the means of land transport is cleansed and disinfected to the satisfaction of the local authority of the free warehouse or free zone before being used for further transport; and
(g) while they are there, they do not undergo any transformation other than division of the consignment.
(3) In the case of fishery products and live bivalve molluscs or other shellfish, the powers of the official veterinary surgeon shall be exercised by an authorised officer of the local authority who shall consult as he considers appropriate.
(4) In the event of a notice not being complied with, the person serving the notice may destroy the consignment.
(5) Any notice served under this regulation shall state the reasons for the decision and shall give details of a right of appeal against the decision, including the relevant time limits.
(6) The importer shall be liable for any costs incurred under this regulation.

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Source: https://www.legislation.gov.uk/uksi/1996/3124/regulation/25 (the official version)
Page: https://openlegislation.uk/products-of-animal-origin-import-and-export-regulations-1996/regulation-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

