European Communities (Organic Farming) Regulations, 2004

JurisdictionIreland
Year2004
CitationIR SI 112/2004

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), for the purposes of giving full effect to Council Regulation (EEC) No. 2092/91 of 24 June 19911 as amended by Commission Regulation (EEC) No. 1535/92 of 15 June 19922 , Council Regulation (EEC) No. 2083/92 of 14 July 19923 , Commission Regulation (EEC) No. 207/93 of 29 January 19934 , Commission Regulation (EEC) No. 2608/93 of 23 September 19935 , Commission Regulation (EC) No. 468/94 of 2 March 19946 , Council Regulation (EC) No. 1468/94 of 20 June 19947 , Commission Regulation (EC) No. 2381/94 of 30 September 19948 , Commission Regulation (EC) No. 1201/95 of 29 May 19959 , Commission Regulation No. 1202/95 of 29 May 199510 , Council Regulation (EC) 1935/95 of 22 June 199511 , Commission Regulation (EC) No. 418/96 of 7 March 199612 , Commission Regulation (EC) No. 1488/97 of 29 July 199713 , Commission Regulation (EC) No. 1900/98 of 4 September 199814 , Commission Regulation (EC) No. 330/1999 of 12 February 199915 , Council Regulation (EC) No. 1804/1999 of 19 July 199916 , Commission Regulation (EC) No. 331/2000 of 17 December 199917 , Commission Regulation (EC) No. 1073/2000 of 19 May 200018 , Commission Regulation (EC) No. 1437/2000 of 30 June 200019 , Commission Regulation (EC) No. 2020/2000 of 25 September 200020 , Commission Regulation (EC) No. 436/2001 of 2 March 200121 , Commission Regulation (EC) No. 1788/2001 of 7 September 200122 , Commission Regulation (EC) No. 2491/2001 of 19 December 200123 , Commission Regulation (EC) No. 473/2002 of 15 March 200224 , Commission Regulation (EC) No. 1113/200225 , Commission Regulation (EC) No. 1918/2002 of 25 October 200226 , Commission Regulation (EC) No. 223/2003 of 5 February 200327 , Commission Regulation (EC) No. 599/2003 of 1 April 200328 , Council Regulation (EC) No. 806/2003 of 14 April 200329 , Commission Regulation (EC) No. 1452/2003 of 14 August 200330 , Commission Regulation (EC) No. 2277/2003 of 22 December 200331 and Council Regulation (EC) No. 392/200432 hereby make the following Regulations,

Citation

1. These Regulations may be cited as the European Communities (Organic Farming) Regulations 2004.

Interpretation

2. (1) In these Regulations—

“Annex” means an annex to the European Regulation;

“Authorised Officer” means

(a) a person appointed under Regulation 8

(b) a member of the Garda Síochána;

“European Regulation” means Council Regulation (EEC) No. 2092/91 of 24 June 1991 as amended by Commission Regulation (EEC) No. 1535/92 of 15 June 1992, Council Regulation (EEC) No. 2083/92 of 14 July 1992, Commission Regulation (EEC) No. 207/93 of 29 January 1993, Commission Regulation (EEC) No. 2608/93 of 23 September 1993, Commission Regulation (EC) No. 468/94 of 2 March 1994, Council Regulation (EC) No. 1468/94 of 20 June 1994, Commission Regulation (EC) No. 2381/94 of 30 September 1994, Commission Regulation (EC) No. 1201/95 of 29 May 1995, Commission Regulation No. 1202/95 of 29 May 1995, Council Regulation (EC) 1935/95 of 22 June 1995, Commission Regulation (EC) No. 418/96 of 7 March 1996, Commission Regulation (EC) No. 1488/97 of 29 July 1997, Commission Regulation (EC) No. 1900/98 of 4 September 1998, Commission Regulation (EC) No. 330/1999 of 12 February 1999, Council Regulation (EC) No. 1804/1999 of 19 July 1999, Commission Regulation (EC) No. 331/2000 of 17 December 1999, Commission Regulation (EC) No. 1073/2000 of 19 May 2000, Commission Regulation (EC) No. 1437/2000 of 30 June 2000, Commission Regulation (EC) No. 2020/2000 of 25 September 2000, Commission Regulation (EC) No. 436/2001 of 2 March 2001, Commission Regulation (EC) No. 1788/2001, Commission Regulation (EC) No. 249/2001 of 19 December 2001, Commission Regulation (EC) No. 473/2002 of 15 March 2002, Commission Regulation (EC) No. 1113/2002, Commission Regulation EC) No. 1918/2002 of 25 October 2002, Commission Regulation (EC) No. 223/2003 of 5 February 2003, Commission Regulation (EC) No. 599/2003 of 1 April 2003, Council Regulation (EC) No. 806/2003 of 14 April 2003, Commission Regulation (EC) No. 1452/2003 of 14 August 2003, Commission Regulation (EC) No. 2277/2003 of 22 December 2003 and Council Regulation (EC) No. 392/2004;

“Member State” means a state which is a member of the European Community;

“Minister” means Minister for Agriculture and Food;

“Private Body” means a private body approved by the Minister pursuant to Article 9(1) of the European Regulation.

(2) A word or an expression that is used in these Regulations and is also used in the European Regulation has, unless the contrary intention appears, the same meaning in these Regulations that it has in the European Regulation.

(3) In these Regulations—

(a) a reference to a Regulation is a reference to a Regulation in these Regulations unless it is indicated that reference to some other Regulation is intended, and

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph in the provision where the reference occurs unless it is indicated that reference to some other provision is intended.

Poultry

3 (1). Subject to Regulation 3 (2) and having regard to Article 12 of the European Regulation and indent 5 of paragraph 8.4.3 of Annex 1B each poultry house must not contain more than:

— 1,000 chickens,

— 2,000 laying hens,

— 1,000 guinea fowl,

— 1,000 female Muscovy or Peking ducks or 1,000 male Muscovy or Peking ducks or other ducks, or

— 1,000 capons, geese or turkeys

(2). The Minister or a Private Body may approve a poultry house containing greater numbers of poultry than those set out at paragraph (1) if the Minister or the Private Body is satisfied that those greater numbers may be contained in the poultry house without risk to the welfare of the poultry.

Dairy Mastitis Control Treatment

4. Having regard to Article 12 of the European Regulation and paragraph 5.7 of Annex 1B the withdrawal period between the last administration of a dairy mastitis control treatment to an animal, under normal conditions of use, and the production of organically produced foodstuff from such animal is to be three times the legal withdrawal period.

Veterinary Treatment

5. Having regard to Article 12 of the European Regulation and paragraph 5.8 of Annex 1B with the exception of vaccinations, treatments for parasites and any compulsory eradication schemes established by Member states where:

(a) animals reared for meat consumption receive more than one course of treatment with chemically-synthesised allopathic veterinary medicinal products or antibiotics within a twelve-month period

(b) animals reared for breeding receive more than two courses of treatment with chemically-synthesised allopathic veterinary medical products or antibiotics within a...

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