Statutory Instruments made by the National Assembly for Wales

(a) give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it—


(i) is not to be used for human consumption, and

(ii) either is not to be removed or is to be removed to a place at which there are facilities to carry out sampling in the manner required by Article 8 of the Commission Regulation; or



(b) seize the food and remove it in order to have it dealt with by a justice of the peace.

    (3) Where the authorised officer exercises the power conferred by subsection (2)(a) above, he or she must, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he or she is satisfied that the food complies with the Community requirements and —

(a) if he or she is so satisfied, must forthwith withdraw the notice;

(b) if he or she is not so satisfied, must seize the food and remove it in order to have it dealt with by a justice of the peace.

    (4) Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, he or she is to inform the person in charge of the food of his or her intention to have it dealt with by a justice of the peace and —

(a) any person who in connection with regulation 3(2)(a) of the above Regulations might be liable to a prosecution in respect of the food must, if he or she attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and

(b) that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence consisting of a contravention of regulation 3(2)(a) of the above Regulations in relation to that food.

    (5) If it appears to a justice of the peace, on the basis of such evidence as he or she considers appropriate in the circumstances, that any food falling to be dealt with by him under this section fails to comply with the Community requirements he must condemn the food and order —

(a) the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and

(b) any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.

    (6) If a notice under subsection (2)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority will compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.

    (7) Any disputed question as to the right to or the amount of any compensation payable under subsection (6) above is to be determined by arbitration.

    (8) Any person who knowingly contravenes the requirements of a notice under subsection (2)(a) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.".