Article 6 Import of class I specified risk material

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art 6 am (W) by The Specified Risk Material (Amendment) (Wales) Regulations 2001 reg 3(1), (9)
art 6 am (S) by The Specified Risk Material Amendment (Scotland) Order 2001 art 2(1), (7)
art 6 am (E) by The Specified Risk Material (Amendment) (England) Order 2001 art 2(1), (9)
art. 6(3) words inserted by The Specified Risk Material (Amendment) (Wales) (No.2) Regulations 2001 reg. 3(9)(a)
art. 6(3A) inserted by The Specified Risk Material (Amendment) (Wales) (No.2) Regulations 2001 reg. 3(9)(b)
art. 6(2A)(a) words substituted by The TSE (Wales) Regulations 2002 reg. 103(1) Sch. 8 Pt. 1 para. 3
art. 6(2A)(a) words substituted by The TSE (England) Regulations 2002 Sch. 8 Pt. 1 para. 3
art. 6(2A)(a) words substituted by The TSE (Scotland) Regulations 2002 (revoked) Sch. 8 Pt. 2 para. 3
art.6 substituted by The Specified Risk Material (Amendment) (Wales) Order 2000 art.2(5)
art. 6 revoked by The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 Sch. 10
art.6 substituted by The Specified Risk Material (Amendment) (England) Order 2000 art.2(5)

(1)

No person shall import into Great Britain, otherwise than from the British Islands—

(a)

any class I specified risk material, except where it is to be transported directly to approved premises; or

(b)

any food or feeding stuff listed in Schedule 1, except a food or feeding stuff which—

(i)

does not contain any class I specified risk material; and

(ii)

is accompanied by a certificate in the form set out in Schedule 2 issued by the appropriate veterinary authority of the place from which the food or feeding stuff was despatched.

(2)

Where class I specified risk material is imported under paragraph (1)(a) above the importer shall ensure that it is transported to approved premises without delay.

(3)

For the purposes of this article a food or feeding stuff shall be treated as containing class I specified risk material if it contains anything derived from it.

(4)

Contravention of, or failure to comply with, any provision of this article shall be an offence to which section 76(3) of the Animal Health Act 1981 applies.

(5)

It shall be a defence for any person charged with an offence under paragraph (1) above to prove—

(a)

where it is alleged that he imported a food or feeding stuff listed in Schedule 1 containing class I specified risk material, that he did not know or have any reason to believe that it contained any class I specified risk material;

(b)

where it is alleged that he imported a food or feeding stuff listed in Schedule 1 without the certificate referred to in paragraph (1)(b)(ii) above, that it was accompanied by a document purporting to be the certificate required by that paragraph, which he did not know or have any reason to believe to be false; and

(c)

where it is alleged that he imported a food or feeding stuff listed in Schedule 1 which contained class I specified risk material and was not accompanied by the certificate referred to in paragraph (1)(b)(ii) above, that he did not know or have reason to believe that the food or feeding stuff contained class I specified risk material nor that the document purporting to be the certificate was false.

(6)

It shall be a defence for any person charged with an offence under paragraph (2) above to prove that he took all reasonable steps to ensure that it was transported to approved premises as required by that paragraph.