Interpretation

1. —(1) These Regulations may be cited as the Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008 and shall come into force on 31st December 2008.

(2) In these Regulations, the following definitions shall apply—

“ business ” includes a trade or profession and the activities of a professional or trade association or of a local authority or other public authority;

“ cat ” means an animal of the species felis silvestris ;

“ dog ” means an animal of the subspecies canis lupus familiaris ;

“ enforcement authority ” means any body on whom functions are conferred by or under regulation 3(1);

“ goods ” means any article which an officer reasonably believes to be cat and dog fur or a product containing such fur;

“ officer ” means a person authorised by an enforcement authority to enforce these Regulations; and

“ records ” includes any books or documents and any records in electronic form.

Penalty for breach of Regulation (EC) No 1523/2007

2.—(1) Any person who contravenes Article 3 of Regulation (EC) No 1523/2007 of the European Parliament and of the Council banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur, is guilty of an offence.

(2) A person guilty of an offence described in paragraph (1) in England and Wales is liable—

(a) on conviction on indictment, to a fine not exceeding £75,000; or

(b) on summary conviction, to a fine.

(3) A person guilty of an offence described in paragraph (1) in Scotland is liable—

(a) on conviction on indictment, to a fine not exceeding £75,000; or

(b) on summary conviction, to a fine not exceeding the statutory maximum

Penalty for breach of Regulation (EC) No 1523/2007 – Northern Ireland

2. —(1) Any person who contravenes Article 3 of Regulation (EC) No 1523/2007 of the European Parliament and of the Council banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur, as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement, is guilty of an offence and in Northern Ireland is liable—

(a) on conviction on indictment, to a fine not exceeding £75,000; or

(b) on summary conviction, to a fine not exceeding the statutory maximum.

(2) For the purposes of paragraph (1), the movement from Northern Ireland to Great Britain of cat and dog fur or of products containing such fur is to be treated as if it were not a contravention of the general prohibition in Article 3 of Regulation (EC) No 1523/2007 where that fur or those products are “ qualifying Northern Ireland goods ” as defined in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018(power in connection with Ireland/Northern Ireland Protocol in withdrawal agreement).

Powers of investigation and enforcement

3. —(1) Subject to paragraph (2), it shall be the duty of—

(a) every weights and measures authority in Great Britain; and

(b) every district council in Northern Ireland

to enforce these Regulations within their area.

(2) These Regulations must be enforced in Great Britain by Her Majesty’s Revenue and Customs by an HMRC officer defined in section 37(1) of the Taxation (Cross-border Trade) Act 2018 and not by an enforcement authority at any place where the goods are under the control of an HMRC officer.

(3) For the purposes of enforcing these Regulations, an officer may at any reasonable hour and on production, if required, of evidence that he is an officer—

(a) inspect any goods;

(b) enter any premises (including any place or vehicle) other than premises occupied only as a dwelling;

(c) purchase any goods for the purposes of inspection;

(d) examine any procedure connected with the production of any goods;

(e) require any person carrying on a business, or employed in connection with a business, to produce any records relating to the business;

(f) seize and detain any goods or records where there are reasonable grounds for believing that they may be—

(i) required as evidence in proceedings for an offence under regulation 2; or

(ii) (in relation to goods only) liable to be forfeited ...;

(g) take copies of, or of any entry in, any records produced by virtue of sub-paragraph (e) or seized by way of sub-paragraph (f) ;

(h) require any person having authority to do so to open any container; and

(i) where a requirement made under sub-paragraph (h) has not been complied with, open or break open any container.

Powers of investigation and enforcement

3. —(1) Subject to paragraph (2), it shall be the duty of—

(a) every weights and measures authority in Great Britain; and

(b) every district council in Northern Ireland

to enforce these Regulations within their area.

(2) These Regulations must be enforced in Northern Ireland by Her Majesty’s Revenue and Customs and not by the enforcement authorities at any place where the goods are under customs supervision within the meaning of Regulation (EU) No. 952/2013 laying down the Union Customs Code , as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.

(3) For the purposes of enforcing these Regulations, an officer may at any reasonable hour and on production, if required, of evidence that he is an officer—

(a) inspect any goods;

(b) enter any premises (including any place or vehicle) other than premises occupied only as a dwelling;

(c) purchase any goods for the purposes of inspection;

(d) examine any procedure connected with the production of any goods;

(e) require any person carrying on a business, or employed in connection with a business, to produce any records relating to the business;

(f) seize and detain any goods or records where there are reasonable grounds for believing that they may be—

(i) required as evidence in proceedings for an offence under regulation 2; or

(ii) (in relation to goods only) liable to be forfeited ...;

(g) take copies of, or of any entry in, any records produced by virtue of sub-paragraph (e) or seized by way of sub-paragraph (f) ;

(h) require any person having authority to do so to open any container; and

(i) where a requirement made under sub-paragraph (h) has not been complied with, open or break open any container.

Forfeiture and destruction of goods : England, Wales and Northern Ireland

4. —(1) An enforcement authority in England, Wales or Northern Ireland may apply under this regulation for an order for the forfeiture of any goods on the grounds that there has been an offence under regulation 2 in relation to the goods.

(2) An application under this regulation may be made—

(a) where proceedings have been brought in a magistrates' court for an offence under regulation 2 in relation to some or all of the goods, to that court; or

(b) where no application for the forfeiture of the goods has been made under sub-paragraph (a), by way of complaint to a magistrates' court.

(3) On an application under this regulation, the court shall make an order for the forfeiture of any goods only if it is satisfied that there has been an offence under regulation 2 in relation to the goods.

(4) A court may infer for the purposes of this regulation that an offence under regulation 2 has been committed in relation to any goods if it is satisfied that an offence under regulation 2 has been committed in relation to goods which are representative of those goods (whether by reason of being part of the same consignment or batch or otherwise).

(5) Any person aggrieved by an order made under this regulation by a magistrates' court, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a) in England and Wales, to the Crown Court; and

(b) in Northern Ireland, to the County court; ...

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and an order made under this regulation by a magistrates' court may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).

(6) Where any goods are forfeited under this regulation they shall be destroyed.

Obstruction of an officer

5. —(1) It is an offence for a person (“P”)—

(a) intentionally to obstruct an officer in the exercise of any power granted under these Regulations;

(b) intentionally to fail to comply with any requirement properly imposed on P by an officer in the exercise of any such power;

(c) to fail, without reasonable excuse, to give an officer any assistance or information which the officer may reasonably require of P for the purpose of exercising any such power; or

(d) in giving to an officer any information which P has been required to give an officer exercising any such power, to make any statement which P knows to be false or misleading in a material particular.

(2) A person who is guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Nothing in this regulation is to be taken to require any person to answer any question put to that person by an officer, or to give any information to such an officer, if to do so might incriminate that person.