European Communities (Animal Nutrition Inspections) Regulations, 2003

• Jurisdiction: Ireland
• Citation: IR SI 238/2003
• Year: 2003

Table of Contents Regulation 1. Citation 2. Interpretation 3. Application of Regulations 4. Manner of inspection 5. Sampling and Analysis 6. Notice of intention to import product 7. Directions relating to imported product 8. Compliance with directions relating to imported product 9. Commercial documents to refer to checks carried out 10. Checks during transportation of product 11. Compliance with directions relating to trade within the Community 12 Information system for hazards from feedingstuffs 13. Confidentiality 14. Appointment of authorised officers 15. Powers of authorised officers 16. Failure to comply with requirements 17. Punishment for offences and offences by bodies corporate 18. Savers 19. Revocations
European Communities (Animal Nutrition Inspections) Regulations 2003
I, Joe Walsh, 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) and for the purpose of giving effect to Council Directive 95/53/EC of 25 October 19951 Commission Directive 98/68/EC of 10 September 19982 , Council Directive 1999/20/EC of 22 March 19993 , Directive 2000/77/EC of the European Parliament and of the Council of 14 December 20004 and Directive 2001/46/EC of the European Parliament and of the Council of 23 July 20015 hereby make the following regulations:
	Citation	1. These Regulations may be cited as the European Communities (Animal Nutrition Inspections) Regulations 2003.
	Interpretation	2. (1) In these Regulations —
“authorised officer” means a person appointed under Regulation 14(1) by the Minister or an officer appointed by the Revenue Commissioners as a Customs Officer;
“Commission” means the Commission of the European Communities;
“Community territory” means the territory of the European Communities;
“Directive” means Council Directive 95/53/EC of 25 October 1995 as amended by Commission Directive 98/68/EC of 10 September 1998, Council Directive 1999/20/EC of 22 March 1999, Directive 2000/77/EC of the European Parliament and of the Council of 14 December 2000 and Directive 2001/46/EC of the European Parliament and of the Council of 23 July 2001;
“functions” includes powers and duties;
“inspections” means actions set out in Regulation 4(2) to check compliance with:
- Council Directive 70/524/EEC of 23 November 19706 ,
- Council Directive 1999/29/EC of 22 April 19997 ,
- Council Directive 96/25/EC of 29 April 19968 ,
- Council Directive 79/373/EEC of 2 April 19799
- Council Directive 82/471/EEC of 30 June 198210 , and
- Council Directive 93/74/EEC of 13 September 199311 ; and cognate words shall be construed accordingly;
“land” includes buildings;
“marketing” includes handling, storage, transportation, distribution for sale or supply whether for reward or otherwise and any act ancillary to sale or supply and cognate words shall be construed accordingly;
“Member State” means a Member State of the European Communities;
“Minister” means the Minister for Agriculture and Food;
“product” means animal feeds and any substances used in animal nutrition;
“production” means system by which an animal feed is produced; and
“use” means feeding to animals.
(2) In these Regulations-
(a) a reference to a Regulation, is to a Regulation of, these Regulations unless it is indicated that reference to some other Regulation is intended, and
(b) a reference to a paragraph or a subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
(3) A word or expression that is used in the Directive and is also used in these Regulations has, in these Regulations, the same meaning as it has in the Directive.
	Application of Regulations	3. These Regulations apply to inspections of products without prejudice to any other legislation.
	Manner of inspection	4. (1) Inspections may take place at any stage of —
(a) production, manufacture or marketing,
(b) importation,
(c) exportation,
(d) transit through the State, or
(e) use.
(2) An inspection shall be conducted and may comprise of inspection of documents accompanying the product or any information provided on the product, visual inspection of the product or physical examination of product including the taking of samples which may be subjected to laboratory analysis.
	Sampling and analysis	5. (1) Where a sample is taken, it shall be taken and dealt with in accordance with the Annex to Commission Directive 76/371/EEC12 ,
(2) In proceedings for an offence under these Regulations, the result of any test examination or analysis of, or report on a sample shall not be adduced unless before the proceedings were instituted one of the final samples was left with or transmitted to the defendant.
(3) The official laboratories responsible for carrying out analyses shall be the State Laboratory or any other laboratory nominated by the Minister.
(4) A person requiring a second opinion in relation to an analysis may send an officially sealed final sample for analysis to a laboratory accredited under European Standard EN 45001 for the particular type of analysis to be undertaken.
(5) A certificate purporting to be from such a laboratory stating that the sample was received by the laboratory with its seals intact shall be evidence of that fact, unless the contrary is proved.
	Notice of intention to import product	6. (1) A person who is importing a product, whether directly or otherwise, shall give notice to the Minister, in a form approved by the Minister, at least 5 working days prior to the importation of the product.
(2) A person who has given notice under subparagraph (1) shall advise the Minister of any change of circumstances relating to the importation or proposed importation of the product within 24 hours of becoming aware of the change and at least 24 hours before the product enters the State.
	Directions relating to imported product	7. (1) Subject to paragraph (2), where a product to which Regulation 6 applies does not comply with a provision listed in the definition of inspections, the Minister shall —
(a) prohibit its entry into or marketing in the State, or
(b) order its re-dispatch out of the Community territory,
and immediately inform the Commission and other Member States that he has rejected the product and indicate the infringements found.
(2) Where a product, to which Regulation 6 applies, does not comply with a provision listed in the definition of inspections, the Minister may authorise entry of a product where the product -
(a) is brought into compliance in a manner approved by the Minister,
(b) is decontaminated in a manner approved by the Minister.
(c) processed in a manner approved by the Minister,
(d) used, with the agreement of the Minister, for another purpose, or
(e) destroyed in accordance with the Minister's instructions.
	Compliance with directions relating to imported product	8. An importer of a product to which Regulation 6 applies shall comply with the instructions of the Minister and shall be liable for any expenses incurred in complying with the said instructions.
	Commercial documents to refer to inspections carried out	9. (1) Subject to paragraph (2), where an inspection of a product, that originated in a country which is not a member of the European Communities, is carried out under these Regulations, the Minister shall provide a document in accordance with Article 9 of the Directive indicating the action taken during the inspection and the outcome of the inspection.
(2) Commercial documentation in respect of the product issued under paragraph (1) shall record a...