Animal Health (Importation
of Miscellaneous Goods and Animals) (Jersey) Order 2017
Adopted by the States 24th January 2017
Registered by the Royal
Court 1st February 2017
THE MINISTER FOR
in pursuance of Articles 7(1) and 32(2) of the Animal Health (Jersey)
Law 2016, orders as follows –
Commencement [see endnotes]
In this Order, unless the context otherwise
“animal or item”
means an animal or item indicated in the second column of the table in the
“Council Directive 97/78/EC”
means Council Directive 97/78/EC of 18th December 1997
laying down the principles governing the organisation of veterinary checks on
products entering the Community from third countries (O.J. No. L24
30.1.1998 page 9);
“member state” means
a member State of the European Union.
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 –
importation is within the exception specified opposite in the fourth column of
that table; or
person is authorized to make the importation by a licence granted by the
licence under this Order may –
to any one animal or item that falls within a prohibition in the Schedule, or
to more than one such animal or item;
granted to a particular person, to persons of a class or to all persons; and
granted subject to conditions specified in the licence or unconditionally.
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.
as to licences
(1) If –
person makes an importation under the authority of a licence under this Order
(whether or not the person is named in the licence); and
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
licence granted under this Article may be revoked, suspended or varied at any
time by the Minister.
Minister must publish on a website maintained by the States of Jersey any
licence granted under this Order that applies to all persons.
(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
(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
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
This Order may be cited as the Animal Health (Importation of
Miscellaneous Goods and Animals) (Jersey) Order 2017.