European Communities (Control of Animal Remedies and Their Residues) Regulations, 2007

• Jurisdiction: Ireland
• Year: 2007
• Citation: IR SI 143/2007

(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) These Regulations may be cited as the European Communities (Control of Animal Remedies and their Residues) Regulations, 2007.
(2) These Regulations shall come into operation on the 2nd day of April 2007.
	Interpretation	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-
(a) an identity card within the meaning of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1989 (S.I. No. 308of 1989), or the Brucellosis in Cattle (General Provisions) Order 1991 (S.I. 114 of 1991), or
(b) an animal passport to which Council Regulation (EC) 1760/2000 of 17 July 2000 relates;
“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.
(2) A word or expression that is used in these Regulations and that is also used in the Council Directives has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directives.
(3) A word or expression that is used in these Regulations and is also used in the Act has, in these Regulations, unless the contrary intention appears, the same meaning as it has in the Act.
	Restrictions on Manufacture etc. of Certain Animal Remedies	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.
(2) Subject to the provisions of this Regulation, a person shall not manufacture, import, possess, sell or supply an animal remedy consisting of or containing -
(a) a beta-agonist, or
(b) a substance having an oestrogenic, androgenic or gestagenic action.
(3) A person may, in accordance with an animal remedies authorisation and a manufacturer's licence, manufacture, or import from a state other than a member state, an animal remedy consisting of or containing a substance to which paragraph (2) applies.
(4) A person may, in accordance with an animal remedies authorisation, possess, sell or supply, or import from a member state, an authorised animal remedy consisting of or containing a substance to which paragraph (2) applies.
(5) A person shall not manufacture, import, sell, hire or otherwise supply or use, or have in his or her possession or under his or her control any plant, machinery, instrument, cartridge, container, utensil, label, package, package insert or other thing, made or adapted for use in connection with -
(a) the manufacture of a substance, to which paragraph (1) applies, or a prohibited animal remedy,
(b) the administration of a prohibited animal remedy to a farm or aquaculture animal, or
(c) the administration of a substance, to which paragraph (1) applies, to a farm or aquaculture animal.
(6) A person may, pursuant to a licence under Regulation 17 of the European Communities (Animal Remedies) Regulations 2007, import into the State an animal remedy within the meaning of that Regulation consisting of or containing a substance to which paragraph (2) applies.
(7) This Regulation does not apply to a substance -
(a) that is intended to be used for and capable, of being used for, purposes other than agricultural or veterinary purposes.
(b) that is labelled as being intended for purposes other than agricultural or veterinary purposes, and
(c) in respect of which there is for the time being in force a product authorisation under the Medical Preparations (Licensing and Sale) Regulations, 1996 (S.I. No. 43 of 1996).
	Prohibition on Administration of Stilbenes etc.	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.
(2) A person shall not-
(a) import, export, sell, supply or slaughter an animal to which an animal remedy referred to in paragraph (1) has been administered,
(b) import, export, sell or supply any meat of, or other food derived from, an animal referred to in subparagraph (a), or any meat product prepared from or with any such meat,
(c) subject meat or other food referred to in subparagraph (b) to any manufacturing process, or
(d) be in possession of or have under his or her control an animal to which an animal remedy has been administered in contravention of paragraph (1), or meat, meat products or other food derived from such an animal.
	Restrictions on Administration of Beta-agonists etc.	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.
(2) a person shall not-
(a) import, export, sell, supply or slaughter an animal to which an animal remedy referred to in paragraph (1) has been administered,
(b) import, export, sell or supply any meat of, or other food derived from, an animal referred to in subparagraph (a), or any meat product prepared from or with any such meat,
(c) subject meat or other food referred to in subparagraph (b) to any manufacturing process, or
(d) be in possession of or have under his or her control an animal to which an animal remedy has been administered in contravention of paragraph (1), or meat, meat products or other food derived from such an animal.
	Unlawful to Sell or Slaughter certain Animals etc.	6. (1) A person shall not sell or slaughter a farm or aquaculture animal to which a prohibited animal remedy has been administered.
(2) A person shall not sell or slaughter a farm or aquaculture animal where there is present in such animal a quantity of an animal remedy in excess of the maximum residue limit.
(3) A person shall not sell meat, a meat product or other food of animal origin that contains an animal remedy consisting of or containing a substance to which Regulation 3(1) applies, or a quantity of an authorised animal remedy in excess of the maximum residue limit.
(4) A person shall not sell meat, a meat product or other food of animal origin that contains a prohibited animal remedy.
	Detention of Certain Animals at Establishments	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 -
(a) direct that the animal be slaughtered separately from other animals at the establishment at such time as he may specify, and
(b) (i) issue a direction under Regulation 15 in respect of the meat, offal and carcase of the animal concerned, or
(ii) detain the meat, offal and carcase of the animal concerned.
(2) If an authorised officer has reasonable grounds for believing that an authorised animal remedy has been administered to an animal presented for slaughter at an establishment and that the withdrawal period in respect thereof has not expired he or she shall give a direction under Regulation 15 to...