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S.I. No. 143/2007 - European Communities (Control of Animal Remedies and their Residues) Regulations 2007

Type Statutory Instrument
Publication 2007-04-02
Last updated 2013-09-24
State Repealed superseded text
Text As published
Source Irish Statute Book
articles 10

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

2 amending acts · 2013-09-24, S.I. No. 361/2013 - European Union (Food Safety and Veterinary) (Accession of Croatia) Re…

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(SI No 143 of 2007)

EUROPEAN COMMUNITIES (CONTROL OF ANIMAL REMEDIES AND THEIR RESIDUES) REGULATIONS 2007

I, Mary Coughlan, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive 96/22/EC1 of 29 April 1996 and Council Directive 96/23/EC2 of 29 April 1996, as amended, hereby make the following Regulations:

Citation and Commencement

1.

1. (1) These Regulations may be cited as the European Communities (Control of Animal Remedies and their Residues) Regulations, 2007.

Interpretation

2.

2. (1) In these Regulations -

“the Act” means the Animal Remedies Act, 1993 (No. 23 of 1993);

“animal” has the same meaning as it has in Section 2 of the Act and in the Animal Remedies Act (Section 2) Order 2005 (SI No 733 of 2005);

“animal remedies authorisation” has the same meaning as it has in the European Communities (Animal Remedies) Regulations 2007;

“approved laboratory” means a laboratory designated as an approved laboratory in accordance with Regulation 14;

“authorised animal remedy” has the same meaning as it has in the European Communities (Animal Remedies) Regulations 2007;

“authorised officer” means an authorised officer within the meaning of the Act;

“Council Directives” means Council Directive 96/22/EC of 29 April 1996 and Council Directive 96/23/EC of 29 April 1996, as amended;

“eartag” means an approved eartag within the meaning of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 (S.I. No. 308 of 1989), or an eartag referred to in Regulation 4 of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1996 (S.I. No. 103 of 1996), or an eartag referred to in Article 4 of Council Regulation (EC) No 1760/20003 of 17 July 2000

“establishment” means an establishment approved under the European Communities (Food and Feed Hygiene) Regulations 2005 (S.I. No. 910 of 2005) used for the slaughter of animals;

“identity card” means-

“manufacturer's licence” has the same meaning as it has in the European Communities (Animal Remedies) Regulations of 2007;

“maximum residue limit” has the same meaning as it has in Council Regulation (EEC) No. 2377/904 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin;

“member state” means a member state of the European Communities;

“national reference laboratory” means a laboratory designated as a national reference laboratory in accordance with Regulation 14;

“official mark” means a mark in the form set out in the Schedule;

“prescription” has the same meaning as it has in the European Communities (Animal Remedies) Regulations of 2007, and cognate words shall be construed accordingly;

“registered veterinary practitioner” means a person registered in the Register of Veterinary Practitioners for Ireland;

“slaughter” in relation to an animal, means slaughter for the purposes of the production of meat or other food intended for human or animal consumption.

Restrictions on Manufacture etc. of Certain Animal Remedies

3.

3. (1) A person shall not manufacture, import, possess, sell or supply an animal remedy consisting of or containing a stilbene, stilbene derivative, salt or ester of a stilbene or stilbene derivative, or a thyrostatic substance.

Prohibition on Administration of Stilbenes etc.

4.

4. (1) A person shall not administer or cause to be administered to a farm or aquaculture animal an animal remedy consisting of or containing a substance to which paragraph (1) of Regulation 3 applies.

Restrictions on Administration of Beta-agonists etc.

5.

5. (1) Subject to Regulations 8, 9 and 10 a person shall not administer or cause to be administered to a farm or aquaculture animal an animal remedy consisting of or containing a substance to which paragraph (2) of Regulation 3 applies.

Unlawful to Sell or Slaughter certain Animals etc.

6.

6. (1) A person shall not sell or slaughter a farm or aquaculture animal to which a prohibited animal remedy has been administered.

Detention of Certain Animals at Establishments

7.

7. (1) If an authorised officer has reasonable grounds for believing that a prohibited animal remedy or an animal remedy consisting of or containing a substance to which Regulation 3(1) applies has been administered to an animal presented for slaughter at an establishment he or she shall -

until such time as the authorised officer is satisfied that the quantity of the authorised animal remedy concerned present in the animal no longer exceeds the maximum residue limit.

Administration of certain Animal Remedies for Therapeutic Purposes

8.

8. (1) A registered veterinary practitioner may, for therapeutic purposes, administer to a farm animal an authorised animal remedy consisting of or containing testosterone, progesterone. or derivatives thereof that readily yield the parent compound on hydrolysis after absorption at the site of application:

Provided that -

Administration of Beta-agonists

9.

9. (1) A registered veterinary practitioner may, for the purpose of inducing tocolysis, administer to a cow in calf an authorised animal remedy consisting of or containing a beta-agonist, provided that the animal remedy concerned is administered by injection and in accordance with the animal remedies authorisation in respect thereof.

Administration of certain Animal Remedies for Zootechnical Purposes

10.

10. (1) A registered veterinary practitioner may, for zootechnical purposes, administer to a farm animal an authorised animal remedy consisting of or containing a substance having an oestrogenic (other than oestradiol 17β and its ester-like derivatives), androgenic or gestagenic action:

provided that-

Administration of Oestradiol and its ester-like derivatives

11(1) Notwithstanding Regulation 10 (1), a registered veterinary practitioner may, in accordance with an animal remedies authorisation, administer an authorised animal remedy containing oestradiol 17β or its ester-like derivatives only for:

Register of Animal Remedies administered

12. (1) A registered veterinary practitioner to whom Regulation 8, 9, 10 or 11 applies shall cause to be established and maintained a register of all authorised animal remedies administered under those Regulations by him or her or pursuant to a prescription issued by him or her.

Prohibition on administration of Authorised Animal Remedy

13. Notwithstanding Regulations 8, 9, 10 or 11, a person shall not administer or cause to be administered an authorised animal remedy, to which any of those Regulations apply, to -

Laboratories

14. (1) The Minister may, for the purposes of these Regulations and the Council Directives, designate, by instrument in writing, a laboratory as an approved laboratory, and the persons for the time being employed or engaged in the analysis of specimens at a laboratory so designated may perform the functions of an approved laboratory specified in these Regulations and the Council Directives.

Restriction of Movement of Certain Animals

15. (1) If -

the authorised officer may give a direction, in accordance with paragraph (2), to -

as may be appropriate, or

as may be appropriate.

from such land or premises or any part thereof as is specified in the direction,

Testing of Animals if Illegal Treatment established

16. (1) If an authorised officer receives a notification in writing from an approved laboratory or a national reference laboratory, that on analysis at the laboratory concerned, a specimen taken by him or her from a farm animal was found to contain a prohibited animal remedy or a substance to which Regulation 3(1) applies, an authorised officer shall, in accordance with Article 17 of Council Directive 96/23/EC of 29 April 1996, take specimens from a statistically representative sample of the batch of animals to which the said farm animal belongs.

Surrender of Identity Cards

17. (1) Any person having in his or her possession, or under his or her control -

shall surrender the identity card to an authorised officer.

Marking of Animals

18. (1) If an authorised officer receives a notification in writing from an approved laboratory or a national reference laboratory, that a specimen taken from a farm animal was found, on analysis at the laboratory concerned, to contain a prohibited animal remedy or a substance to which Regulation 3(1) applies, the official mark inindelible form, shall be affixed to the farm animal, from which the specimen was taken, in such manner as an authorised officer considers appropriate.

the official mark (other than in indelible form) shall be affixed to the farm animal concerned in such manner as an authorised officer considers appropriate.

Destruction of Animal where Illegal Treatment established

19. (1) If the official mark has been applied to a farm animal pursuant to Regulation 18(1) or if an authorised officer receives a notification in writing from an approved laboratory or a national reference laboratory, as the case may be, that a specimen taken from a farm animal was found, on analysis at the laboratory concerned, to contain a prohibited animal remedy or a substance to which Regulation 3 (1) applies, the Minister shall destroy or cause to be destroyed the farm animal concerned and its carcase in such manner as he or she deems appropriate.

Lawful to sell etc. Animal where Withdrawal Period has elapsed

20. (1) A person may export or sell a farm animal to which an animal remedy has been administered in accordance with Regulation 8, 9 10 or 11, if the withdrawal period in respect thereof pursuant to Council Regulation (EEC) No. 2377/90 of 26 June 1990 has elapsed, there has been compliance with Regulation 43(2) and (3) of the European Communities (Animal Remedies) Regulations 2007 and the Animal Remedies Record is available for inspection on request by an authorised officer.

Register of Certain Substances etc

21. (1) A person who engages in -

shall cause to be established and maintained a register containing the particulars specified in paragraph (2).

Detection by Processors of Illegal Treatment

22. (1) The owner or person in charge of an approved establishment shall, not later than the 31st day of October in each year prepare and submit to the Minister a plan for the detection, in the year immediately following the year in which the plan is prepared and submitted, of substances, veterinary drugs and contaminants specified in Annex 1 to Council Directive 96/23/EC of 29 April 1996 in -

at the establishment, and the plan shall, if approved by the Minister, be carried out by the owner or person in charge of the establishment in accordance with its terms.

the plan concerned, it, for the purposes of this Regulation, is deemed to have been approved by him or her.

“approved establishment” means an establishment within the meaning of the European Communities (Food and Feed Hygiene) Regulations 2005 (S.I.No. 910 of 2005) used for the slaughter of animals;

“milk processing plant” means a milk treatment establishment, a milk processing establishment or a milk processing establishment with limited production capacity, approved in accordance with the European Communities (Food and Feed Hygiene) Regulations, 1995 (S.I. No. 910 of 2005).

Evidence by certificate in proceedings for an offence

23. (1) In proceedings for an offence consisting of a contravention of these Regulations, a certificate purporting to be signed by a person employed at an approved laboratory or a national reference laboratory, stating the capacity in which that person is so employed and stating any one or more of the following, namely -

shall, unless the contrary is proved, be evidence of the matters stated in the certificate.

Forgery of Documents

24. (1) A person shall not forge or utter knowing it to be forged -

Service of Documents

25. A direction or other document under these Regulations shall be addressed to the person concerned by name, and may be served on or given to the person in one of the following ways:

Evidential Burden

26. In proceedings for an offence consisting of a contravention of Regulation 3(2), 5, or 6(1) or (4), it is not necessary to negative by evidence the existence of an animal remedies authorisation, a manufacturer's licence, a licence under Regulation 17 of the European Communities (Animal Remedies) Regulations 2007 or a product authorisation under the Medical Preparations (Licensing and Sale) Regulations, 1996 (S.I. No. 43 of 1996), and accordingly the onus of proving the grant or issue of such authorisation or licence is on the defendant.

Persons not entitled to Community Aid

27. (1) If the owner or person for the time being in charge of an establishment is convicted of an offence consisting of a contravention of Regulation 22(9), (10)(e), (f), (g) or (h), or (12), or 24, or section 16 of the Act, none of the following, that is to say:

is entitled to receive Community aid -

“company” has the same meaning as it has in section 2 of the Companies Act, 1963 (No. 33 of 1963);

“holding company” means a holding company within the meaning of the section 155;

“related company” in relation to a company, means the holding company or a subsidiary of that company, or a company that is a subsidiary of the first-mentioned company's holding company;

“subsidiary” means a subsidiary within the meaning of the said section 155;

Implied Condition in Contract of Sale

28(1) In every contract of sale there shall be an implied condition on the part of the seller that all reasonable precautions have been taken and all due diligence has been exercised to ensure—

( a ) in the case of the sale of an animal, that the animal was not treated with any animal remedy and, in the case of an agreement to sell an animal, the animal was not so treated and will not be so treated prior to the time when the property is to pass, and

( b ) in the case of the sale of, or an agreement to sell, the carcase of any animal or food derived from any animal, that the animal had not been treated with any animal remedy,

otherwise than in accordance with these Regulations.

( 2 ) ( a ) Subject to sub-paragraph (b), any term of a contract implied by virtue of paragraph (1) may be negatived or varied, by an express term in the contract, in so far as the first-mentioned term relates to an animal remedy—

but only if the express term is fair and reasonable and has been specifically brought to the attention of the buyer.

( b ) Sub-paragraph (a) does not apply to an animal imported into the State where the sale of the animal would not be in accordance with a condition imposed by the Minister on the exemption.

Inspection by authorised officers, etc.

29(1) If an authorised officer or member of the Garda Síochána or an officer of Customs and Excise has reasonable cause to suspect that—

( a ) the manufacture, importation, preparation, handling, storage, transport, exportation, distribution, sale, supply or use of an animal remedy or any ingredient for an animal remedy is taking place or has taken place in, on, under or from any land, premises or in, on or from any vehicle,

( b ) an offence is being or has been committed under these Regulations in, on, under or from any land, premises or in, on or from any vehicle,

( c ) any land or premises is used for or in connection with the breeding, rearing, fattening, keeping, exhibiting, selling or transporting of animals,

( d ) any land or premises is an establishment or is used for or in connection with the slaughter of animals,

( e ) in, on, under or from any land or premises or in, on or from any vehicle, there is or was any animal of any species to which an animal remedy is being or has been administered or there is or was any food derived from such an animal or any carcase of such an animal, or

( f ) in, on, under or from any land or premises or in, on or from any vehicle, there is or was any animal remedy, or any ingredients for animal remedies, or any machinery, instruments or other thing used in the manufacture, preparation, handling, storage, transport, exportation, distribution, sale, supply or use of animal remedies or ingredients for animal remedies,

the authorised officer or member of the Garda Síochána or officer of Customs and Excise (in this section referred to as “the relevant person”) may, subject to paragraph (2), stop any such vehicle or enter (if necessary by force) any such land or premises, or land or premises used in connection with such land or premises, or any such vehicle, and there, or at any other place, and with such authorised officers, members of the Garda Siochána and officers of Customs and Excise (if any) as the relevant person considers appropriate—

in accordance with these Regulations,

( a ) is being destroyed or disposed, or

( b ) is likely to be destroyed or disposed.

Search warrant

30(1) If a judge of the District Court is satisfied by information on oath of an authorised officer, member of the Garda Síochána or an officer of Customs and Excise that there is reasonable cause for suspecting that—

( a ) evidence of or relating to the commission or intended commission of an offence under these Regulations is to be found in, on or under any land or premises or in or on any vehicle and that such land, premises or vehicle or any part thereof consists of a dwelling, or

( b ) there is or was or is intended to be in, on or under any land or premises, in or on any vehicle and that such land, premises or vehicle or any part thereof consists of a dwelling, any animal remedy or ingredient for an animal remedy in relation to which a contravention of these Regulations, is being or has been or is intended to be committed, or

( c ) a document directly or indirectly relating to, or connected with, a transaction or dealing which was, or an intended transaction or dealing which would if carried out be, an offence under these Regulations, is in the possession or under the control of a person in, on or under any land or premises or in or on any vehicle and that such land, premises or vehicle or any part thereof consists of a dwelling,

such judge may issue a search warrant under this Regulation.

( a ) stop and detain any person found in, on or under such land or premises, or in or on such vehicle, for the purpose of searching that person and to search or cause to be searched that person, and

( b ) exercise all or any of the powers referred to in Regulation 29.

Search of suspects, etc.

31(1) If with reasonable cause a member of the Garda Siochána or an officer of Customs and Excise suspects that a person is in possession in contravention of these Regulations of an animal remedy or an ingredient for an animal remedy, the member or officer may without warrant—

( a ) search or cause to be searched by such a member or officer the person and, if the member or officer considers it necessary for that purpose, detain the person for such time as is reasonably necessary to carry out the search,

( b ) search or cause to be searched by such a member or officer any vehicle in which the member or officer suspects that such substance may be found and for the purpose of carrying out the search, if any such member or officer thinks fit, require the person who is, for the time being, in charge or control of the vehicle to bring it to a stop and when stopped to refrain from moving it or, in case the vehicle is already stationary, to refrain from moving it, or

( c ) seize and detain, or cause to be seized and detained by such a member or officer, anything found in the course of a search under this section which any such member or officer reasonably suspects to be something which might be required as evidence in proceedings for an offence under these Regulations.

Power of arrest.

32(1) Where with reasonable cause a member of the Garda Síochána suspects that—

( a ) an offence under these Regulations has been committed and so suspects a person of having committed the offence, or

( b ) a person is committing or has committed an offence under these Regulations in relation to the manufacture, importation, preparation, handling, storage, transport, exportation, distribution, sale, supply or use of any animal remedy or any ingredient for an animal remedy, the possession of which by such a person would be prohibited by these Regulations,

the member may arrest the person without warrant.

( a ) suspects that an offence under these Regulations has been committed or attempted, and

( b ) suspects a person of having committed the offence or having made the attempt,

then the member may arrest the person without warrant if—

Saving for certain power.

33. Nothing in these Regulations shall operate to prejudice any power to search, or to seize or detain property, which may, apart from these Regulations, be exercised by a member of the Garda Síochána or an officer of Customs and Excise.

Obstruction.

34. A person shall not obstruct or impede an authorised officer, member of the Garda Síochána or officer of Customs and Excise in the due exercise of any of the functions conferred or exercisable by the authorised officer, member of the Garda Síochána or officer of Customs and Excise under these Regulations.

Impersonation of authorised officer, etc. and possession of certain identity document.

35(1) A person who, with the intention to deceive—

( a ) purports to be, or

( b ) acts in a manner that would lead another person to believe that he or she is,

a person duly appointed as an authorised person, officer, inspector, examiner or other officer of the Minister or a person otherwise duly appointed by or with the authority of the Minister or of any other purported member of the Government exercising any functions of the Minister either—

shall be guilty of an offence.

( a ) has been,

( b ) purports to be, or

( c ) could lead another person to believe that it has been,

duly issued for the purpose of identifying the person in possession of the document as a person duly authorised by, or a duly authorised officer, inspector, examiner or other officer of, the Minister or otherwise duly appointed by or with the authority of the Minister or, in the case of sub-paragraph (b) or (c), of any other purported member of the Government exercising any functions of the Minister either—

shall be guilty of an offence.

Offences and penalties

36.(1) A person who -

commits an offence and is liable on conviction to a fine not exceeding €5,000 or to a term of imprisonment not exceeding 6 months or to both.

Revocation and Saver

37. (1) The following are revoked-

SCHEDULE Official Mark
[image omitted] [image omitted]
GIVEN under my Official Seal, this 2nd day of April 2007. GIVEN under my Official Seal, this 2nd day of April 2007.
Mary Coughlan Minister for Agriculture and Food.

EXPLANATORY NOTE

(This Note is not part of the instrument and does not purport to be a legal interpretation.)

These Regulations implement in the State the provisions of Council Directive 96/22/EC of 29 April 1996 containing the prohibition in stockfarming of certain substances having hormonal or thyrostatic action and of beta agonists and Council Directive 96/23 of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products.

Footnotes

1

O.J. L 125 of 23.5.96

2

O.J. L 125 of 23.5.96

3

OJ L 204. 11.8.2000

4

OJ L 224. 18.8.1990

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