
Animal Health (Importation of
Miscellaneous Goods and Animals) (Jersey) Order 2017
1 Interpretation[1]
In this Order, unless the context otherwise
requires –
“animal or item” means an animal or item indicated in
the second column of the table in the Schedule;
“member state” means a member State of the European
Union;
“Official Controls Regulation” means Regulation (EU)
2017/625 of the European Parliament and of the Council of 15 March 2017 on
official controls and other official activities performed to ensure the
application of food and feed law, rules on animal health and welfare, plant
health and plant protection products (OJ L 95, 7.4.2017, p. 1).
2 Regulation
of imports
(1) Subject to this Order
and despite anything to the contrary in the Diseases of Animals (Rabies)
(Importation of Mammals) (Jersey) Order 2011, a person must not import
into Jersey any animal or item indicated in the second column of the table in
the Schedule from one or more countries indicated opposite in the third
column of that table unless –
(a) the
importation is within the exception specified opposite in the fourth column of
that table; or
(b) the person
is authorized to make the importation by a licence granted by the Minister.
(2) A licence under this
Order may –
(a) relate
to any one animal or item that falls within a prohibition in the Schedule, or
to more than one such animal or item;
(b) be
granted to a particular person, to persons of a class or to all persons; and
(c) be
granted subject to conditions specified in the licence or unconditionally.
(3) This Order does not
limit the need to comply with the requirements of any other enactment that
regulates the importation into Jersey of any animal or item.
3 Provision
as to licences
(1) If –
(a) a
person makes an importation under the authority of a licence under this Order
(whether or not the person is named in the licence); and
(b) the
importation is not within the relevant exception (if any) specified in the
fourth column of the table in the Schedule,
the person must comply with any conditions to which the licence is
subject.
(2) A licence granted under
this Article may be revoked, suspended or varied at any time by the
Minister.
(3) The Minister must
publish on a website maintained by the States of Jersey any licence granted
under this Order that applies to all persons.
4 Enforcement
(1) For the
purpose of ensuring that the requirements of this Order, or any licence granted
under this Order, are complied with an inspector may –
(a) stop
any person or vehicle; and
(b) carry
out any search, check or inspection.
(2) A person
searching a person under this Article may not require a
person to remove any of his or her clothing other than an outer coat, jacket,
headgear, gloves and footwear.
(3) A search
of a person under this Order must be carried out by someone of the same sex.
(4) An
inspector may seize, or cause to be seized any animal or item that there is
reason to believe has been landed in Jersey in contravention of this Order or
any licence granted under this Order.
(5) If an
animal has been seized under paragraph (4), an
inspector may, without affecting any proceedings arising from any such
contravention, and subject to such conditions as the inspector thinks fit –
(a) move
the animal, or cause it to be moved, to such premises for such period as the
inspector may direct; or
(b) export
it from Jersey, or cause it to be exported.
(6) The owner
of an animal or item is liable for the cost of any action taken by an inspector
under paragraph (4) or (5).
(7) The Minister
may arrange for the disposal of any animal or item landed in Jersey in
contravention of this Order, or a licence granted under
this Order, and may recover any expenses reasonably incurred in so doing from
the owner of the animal or item as debt due to the Minister.
(8) This
Article does not limit any power conferred on an inspector under the Animal Health (Jersey) Law 2016.
(9) Nothing
in this Article affects the powers of the officers of the Impôts to seize
or detain as liable to forfeiture under the Customs and Excise (Jersey) Law 1999 an animal or item landed in Jersey in contravention
of this Order or to institute legal proceedings under that Law in respect of
such contravention.
5 Saving
Any licence granted under the Diseases of Animals (Importation of
Miscellaneous Goods and Animals) (Jersey) Order 2012 that is still in
force at the commencement of this Order is treated as having been granted under
this Order.
6 Citation
This Order may be cited as the Animal Health
(Importation of Miscellaneous Goods and Animals) (Jersey) Order 2017.