LegalizeS.I. No. 252/2008 - European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2008
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.
7 amending acts · 2015-11-27, S.I. No. 532/2015 - European Union (Transmissible Spongiform Encephalopathies) Regulations 2015
- (ii) on conviction on indictment to a fine not exceeding €250,000 or to a term of imprisonment not exceeding 3 years or to both.
- (2) In proceedings for an offence in relation to a contravention of Article 7(1) or (2) of the TSE Regulation, it is a defence for the defendant to show that point II(A) of Annex IV to the TSE Regulation applies and that the said point II(A) was, at the time of the alleged offence, complied with.
- (3) In relation to a porcine animal, the period referred to in Part IV of the Annex to Commission Regulation No.181/2006 of 1 February 2006 is, in lieu of the period stated in that Part, 60 days.
- (4) If, in proceedings for an offence in relation to a contravention of these Regulations, the Animal By-products Regulation or the TSE Regulation, it is alleged that animal protein is present in a substance and if it is proved that one or more bone spicules is or are present in the substance, it is for the defendant to prove that a prohibited animal protein was not present in the substance.
- (5) In proceedings for an offence under the TSE Regulation and under Regulation 31 it is not necessary for the prosecution to prove that the State belongs to a particular category and it is not a defence to show that the State belongs to or does not belong to a particular category.
- (6) In proceedings under these Regulations, it is for the defendant to prove that a farm animal or ruminant animal did not have access to the land to which the proceedings relate.
- (7) In proceedings under these Regulations, if it is not possible to determine whether a particular animal by-product is category 1 material, category 2 material, or category 3 material, it shall be treated as if it is category 1 material.
Prosecutions
(1) A summary offence under these Regulations may be prosecuted by—
- (a) the Minister,
- (b) the Minister for Communications, Energy and Natural Resources
- (c) the Health Service Executive
- (d) the Sea Fisheries Protection Authority, or
- (e) a local authority.
- (2) If an offence under these Regulations is committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence is committed, is a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if guilty of the first-mentioned offence.
- (3) If the affairs of a body corporate or unincorporated body are managed by its members, paragraph (2) applies in relation to the acts and defaults of a member in connection with functions of management as if the member is a director or manager of the body corporate.
Evidence on certificate
(1) In proceedings for an offence consisting of a contravention of the Animal By-products Regulation, the TSE Regulation or these Regulations, a certificate purporting to be signed by a person employed at a laboratory named in the certificate stating the capacity in which that person is so employed and stating any one or more of the following, namely—
- (a) that the person received a sample submitted to the laboratory,
- (b) that, for such period as is specified in the certificate, the person had in his or her custody a sample so submitted,
- (c) that the person gave to such other person as is specified in the certificate a sample so submitted, or
- (d) that the person carried out any laboratory examination for the purpose of detecting the presence, in a sample so submitted, of a transmissible spongiform encephalopathy, or that the sample was positive for a transmissible spongiform encephalopathy, is, unless the contrary is proved, evidence of the matters stated in the certificate.
- (2) A certificate purporting to be signed by an officer of the Minister and to certify that on a specific day or days or during the whole of a specified period,
- (a) a particular person or vehicle did not stand registered in the register of fishmeal and blood product users or the animal by-products transport register,
- (b) the registration of a particular person or vehicle in the register of fishmeal and blood product users or the animal by-products transport register had been revoked,
- (c) a person was or was not the holder of an approval or authorisation granted for the purposes of either the Animal By-products Regulation or the TSE Regulation under Regulation 10,
- (d) a person was or was not the holder of a burial licence, a research licence or a meat feeding licence, or
- (e) that a particular approval, authorisation, registration or licence, referred to in this paragraph, was subject to a particular condition or conditions,
is, without proof of the signature of the person purporting to sign the certificate or that he or she is an officer of the Minister, evidence, unless the contrary is shown, of the matters stated in the certificate.
- (3) In proceedings for an offence under these Regulations the court may, if it considers that the interests of justice so require, direct that oral evidence of the matters stated in a certificate under paragraph (1) or (2) be given, and the court may for the purpose of receiving oral evidence adjourn the matter.
- (4) In proceedings for an offence, evidence of an act of the institutions of the European Community may be given by production of a copy of the act certified by an officer of the Minister to be a copy of the act, and it is not necessary to prove the signature of the officer or that he or she is an officer of the Minister.
- (5) Paragraph (4) is in addition to and not in substitution for the European Communities (Judicial Notice and Documentary Evidence) Regulations 1972 ( S.I. No. 341 of 1972 ).
Fixed payment notice
(1) If an officer of the Minister, Minister for Communications, Energy and Natural Resources, the Chief Executive of the Sea Fisheries Protection Authority, the Health Service Executive or a local authority authorised by the Minister, Minister for Communications, Energy and Natural Resources, authority or executive in that behalf has reasonable grounds for suspecting that a person is committing or has committed an offence under these Regulations, he or she may serve a notice in writing on that person stating that—
- (a) the person is alleged to have committed the offence,
- (b) the person may during the period of 28 days from the date of the notice make to the Minister, Minister for Communications, Energy and Natural Resources, the Sea Fisheries Protection Authority, the Health Service Executive or a local authority a payment of €250 accompanied by the notice, and
- (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.
- (2) If notice is given under paragraph (1)—
- (a) a person to whom the notice applies may, during the period specified in the notice, make to the Minister, the Minister for Communications, Energy and Natural Resources, the Sea Fisheries Protection Authority, the Health Service Executive or a local authority at the address specified in the notice the payment specified in the notice accompanied by the notice,
- (b) the Minister, the Minister for Communications, Energy and Natural Resources, the Sea Fisheries Protection Authority, the Health Service Executive or a local authority may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and
- (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.
- (3) In a prosecution for an offence under these Regulations, the onus of proving that a payment pursuant to a notice under this Regulation has been made lies on the defendant.
Savers
(1) These Regulations are in addition to and not in substitution for—
- (a) the Diseases of Animals Act 1966 (No. 6 of 1966) and Regulations under the European Communities Act 1972 (No. 27 of 1972) that relate to an animal, product or other thing that is also subject to these Regulations, and
- (b) any enactment or statutory instrument made under an enactment that regulates the import and placing on the market of a product not referred to in Annex VII or VIII of the Animal By-products Regulation.
- (2) An application for an approval, authorisation, licence or registration under the Regulations revoked by Regulation 35(1) may be considered and determined as if it is an application under the equivalent provisions of these Regulations.
- (3) An authorisation, approval, licence, or registration granted under Regulations revoked by Regulation 35(1) remains in force and may be dealt with as if granted under the corresponding provisions of these Regulations.
- (4) A compliance notice or notification (within the meaning of the Regulations revoked by Regulation 35(1)) that is in force immediately before the making of these Regulations remains in force and may be dealt with as if it were a compliance notice or notification under these Regulations.
- (5) An appeal under Regulation 19 of the Regulations revoked by Regulation 35(1) that has not been determined before the making of these Regulations may be dealt with as if it were an appeal under Regulation 25.
Revocations
(1) The European Communities (Transmissible Spongiform Encephalopathies and Animal By-products) Regulations 2006 ( S.I. No. 612 of 2006 ) are revoked.
- (2) A reference in any enactment or statutory instrument to a statutory instrument revoked by paragraph (1) is construed and has effect as if the reference is a reference to these Regulations or the corresponding provision of these Regulations.
Regulation 5(5).
SCHEDULE
The following are on-farm measures for the purposes of point II.C (d) — second paragraph of Annex IV to the TSE Regulation.
A person may possess, store and feed a feedingstuff consisting of or containing dicalcium phosphate on a farm where a ruminant is present if—
he or she takes all necessary steps to ensure that the feedingstuff does not enter the feed chain of a ruminant,
he or she takes all necessary steps to ensure that the feedingstuff is not fed to a ruminant,
he or she ensures that the feedingstuff is stored in a closed container in an area where a ruminant does not have access,
he or she ensures that the feedingstuff is not fed to an animal in an area where a ruminant may be fed or may enter,
he or she ensures that all equipment used for the handling, storage, transportation or cleaning of the feedingstuff is not used in connection with the feeding of a ruminant, and
he or she maintains accurate records, for a period of five years, of all quantities of the feedingstuff consisting of or containing purchased and used and make these records available for inspection by an authorised officer.
GIVEN under my Official Seal,
31 July 2008
BRENDAN SMITH.
Minister for Agriculture, Fisheries and Food.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation)
The Regulations provide ancillary and supplementary measures necessary for a series of EC Regulations relating to transmissible spongiform encephalopathies and animal by-products to have full effect.
Footnotes
O.J. No. L 147 of 31.5.2001, p.1.
O.J. No. L 173 of 27.6.2001, p.12.
O.J. No. L 177 of 30.6.2001, p.60.
O.J. No. L 45 of 15.2.2002, p.4.
O.J. No. L 225 of 22.8.2002, p.3.
O.J. No. L 37 of 13.2.2003, p.7.
O.J. No. L 95 of 11.4.2003, p.15.
O.J. No. L 332 of 28.12.2000, p.91.
O.J. No. L 160 of 28.6. 2003, p.1.
O.J. No. L 160 of 28.6.2003, p.22.
O.J. No. L 173 of 11.7.2003, p.6.
O.J. No. L 265 of 16.10.2003, p.10.
O.J. No. L283 of 31.10.2003, p.29.
O.J. No. L 333 of 20.12.2003, p.28.
O.J. No. L 162 of 30.4.2004, p.52.
O.J. No.L 271 of 19.8.2004, p.24.
O.J. No. L 274 of 24.8.2004, p.3.
O.J. No. L 344 of 20.11.2004, p.12.
O.J. No. L 10 of 13.1.2005, p.9.
O.J. No. L 37 of 10.2.2005, p.9.
O.J. No. L 46 of 17. 2. 2005, p.31.
O.J. No. L 163 of 23.6. 2005, p.1.
O.J. No. L 205 of 6.8.2005, p.3.
O.J. No. L 317 of 3.12.2005, p.4.
O.J. No. L 44 of 15.2.2006, p.9.
O.J. No. L 55 of 25.2.2006, p.5
O.J. No. L 116 of 29.4.2006, p.9.
O.J. No. L 120 of 5.5.2006, p.10.
O.J. No. L 187 of 8.7.2006, p.10.
O.J. No. L 404 of 30.12.2006, p.1.
O.J. No. L 164 of 26.6.2007, p.7.
O.J. No. L 165 of 28.6.2007, p.8.
O.J. No. L 284 of 30.10.2007, p.8.
O.J. No. L 317 of 5.12.2007, p. 61
O.J. No. L 94 of 5.4.2008, p. 3
O.J. No. L 111 of 23.4.2008, p. 3
O.J. No. L 161 of 20.6.2008, p. 4
O.J. No. L 161 of 20.6.2008, p. 20
O.J. No. L 273 of 10.10.2002, p.1.
O.J. No. L 117 of 13.5.2003, p.1.
O.J. No. L 117 of 13.5.2003, p.14.
O.J. No. L 112 of 19.4.2004, p.1.
O.J. No. L 162 of 29.4.2004, p.62.
O.J. No. L 16 of 20.1.2005, p.46.
O.J. No. L 19 of 21.1.2005, p.27.
O.J. No. L.19 of 21.1.2005, p.34.
O.J. No. L 66 of 12.3.2005, p.10
O.J. No. L 331 of 17.12.2005, p.12.
O.J. No. L 29 of 2.2.2006, p.31.
O.J. No. L 32 of 4.2.2006, p. 13
O.J. No. L 36 of 8.2.2006, p.25.
O.J. No. L 36 of 8.2.2006, p.32.
O.J. No. L 215 of 5.8.2007, p.10.
O.J. No. L 314 of 15.11.2006, p.4.
O.J. No. L 63 of 1.3.2007, p.4.
O.J. No. L 191 of 21.7.2007, p.1.
O.J. No. L 185 of 17.7.2007, p.7.
O.J. No. L 282 of 25.10.2007, p.30.
O.J. No. L 320 of 6.12.2007, p.13.
O.J. No. L 340 of 22.12.2007, p.89.
O.J. No. L 118 of 6.5.2008, p. 12
O.J. No. L 132 of 22.5.2008, p. 7
O.J. No. L 153 of 12.6.2008, p. 23
O.J. No. L 332 of 28.12.2000, p.91.
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