§ 135 — Direction to recall animal feed

135.—(1) The Director‑General may give a direction in subsection (2) to any person described in section 119(2) —(a)

for the purpose of examining, rectifying, controlling or disposing of any animal feed, after taking into account any relevant information or warnings about the animal feed being not fit for purpose that the Director‑General has received from any authorised officer or food inspector, any international organisation or any foreign food authority; and

(b)

if the Director‑General has reasonable grounds to believe that the direction is necessary —(i)

to prevent or reduce the possibility of a serious danger to the health of any food producing animals; or

(ii)

to mitigate the adverse consequences of a serious danger to the health of any food producing animals.

(2) The direction is any of the following:(a)

to recall an animal feed that is not fit for purpose, or whose fitness for purpose is in doubt;

(b)

to recall an animal feed that is mislabelled or incorrectly identified;

(c)

to take an animal feed recalled under paragraph (a) or (b) to —(i)

any premises specified in the direction; or

(ii)

any premises agreed to between the Director‑General and the person to whom the direction is given.

(3) A direction to recall an animal feed may specify the manner in which, and must specify the period within which, the recall is to be conducted and completed.

(4) A person who is required by a direction to recall an animal feed must give written notice to the Director‑General of the completion of the recall as soon as practicable after that completion.

(5) If a person to whom the direction to recall is given fails or refuses to comply with it —(a)

the Director‑General may take any reasonable steps necessary to ensure control of the animal feed; and

(b)

the Agency may recover the costs and expenses reasonably incurred by the Director‑General in assuming control of the animal feed as a debt due from the person to whom the direction was given.

(6) This section does not prevent the Director‑General exercising his or her power under section 136.

—(1) The Director‑General may give a direction in subsection (2) to any person described in section 119(2) —(a)

for the purpose of examining, rectifying, controlling or disposing of any animal feed, after taking into account any relevant information or warnings about the animal feed being not fit for purpose that the Director‑General has received from any authorised officer or food inspector, any international organisation or any foreign food authority; and

(b)

if the Director‑General has reasonable grounds to believe that the direction is necessary —(i)

to prevent or reduce the possibility of a serious danger to the health of any food producing animals; or

(ii)

to mitigate the adverse consequences of a serious danger to the health of any food producing animals.

(2) The direction is any of the following:(a)

to recall an animal feed that is not fit for purpose, or whose fitness for purpose is in doubt;

(b)

to recall an animal feed that is mislabelled or incorrectly identified;

(c)

to take an animal feed recalled under paragraph (a) or (b) to —(i)

any premises specified in the direction; or

(ii)

any premises agreed to between the Director‑General and the person to whom the direction is given.

(3) A direction to recall an animal feed may specify the manner in which, and must specify the period within which, the recall is to be conducted and completed.

(4) A person who is required by a direction to recall an animal feed must give written notice to the Director‑General of the completion of the recall as soon as practicable after that completion.

(5) If a person to whom the direction to recall is given fails or refuses to comply with it —(a)

the Director‑General may take any reasonable steps necessary to ensure control of the animal feed; and

(b)

the Agency may recover the costs and expenses reasonably incurred by the Director‑General in assuming control of the animal feed as a debt due from the person to whom the direction was given.

(6) This section does not prevent the Director‑General exercising his or her power under section 136.