Poisons (Control of Residues In Foods of Animal Origin) Regulations, 1985

JurisdictionIreland
CitationIR SI 257/1985

S.I. No. 257 of 1985.

POISONS (CONTROL OF RESIDUES IN FOODS OF ANIMAL ORIGIN) REGULATIONS, 1985.

I, AUSTIN DEASY, Minister for Agriculture, in exercise of the powers conferred on me by sections 15 and 15A (inserted by the Misuse of Drugs Act, 1977 (No. 12 of 1977)) of the Poisons Act, 1961 (No. 12 of 1961), and after consultation with Comhairle na Nimheanna, hereby make the following regulations:

1. These Regulations may be cited as the Poisons (Control of Residues in Foods of Animal Origin) Regulations, 1985.

2. These Regulations shall come into operation in accordance with the timetable set out in the Fourth Schedule to these Regulations.

3. (1) These Regulations are in addition to and not in substitution for the following Regulations—

(a) the European Communities (Control of Stilbene and Thyrostatic Substances) Regulations, 1981 (S.I. No. 366 of 1981);

(b) Regulations 3 and 4 of the European Communities (Control of Oestrogenic, Androgenic, Gestagenic and Thyrostatic Substances) Regulations, 1982 ( S.I. No. 282 of 1982 );

(c) the European Communities (Feeding-Stuffs) (Additives) Regulations, 1974 ( S.I. No. 302 of 1974 ), as amended;

(d) the Animal and Poultry Compound Feeding-Stuffs (Control of Antibiotics) Regulations, 1972 ( S.I. No. 335 of 1972 ).

(2) (a) In this paragraph—

"the Council Directive" means Council Directive 70/524/EEC1 of 23 November, 1970 concerning additives in feeding-stuffs, as amended;

1O.J. No. L270, 14.12.1970, p. 1.

"additives" and "feeding-stuffs" have the meaning assigned to them by the Council Directive.

(b) These Regulations, insofar as they regulate the presence or absence of additives and marking do not apply to additives in feeding-stuffs at the levels and under the conditions permitted by the Council Directive.

(3) Nothing in these Regulations shall be construed as amending or revoking the Regulations set out in paragraph (1).

4. (1) In these Regulations, except where the context otherwise requires—

"the Act" means the Poisons Acts, 1961 and 1977;

"administration" includes in relation to an animal, oral, parenteral and topical administration or application, and administration or application by inhalation or by incorporation in food or water or by means of automatic machines or processes;

"animal" means an animal of the bovine, ovine, caprine, equine or porcine species or poultry or rabbits or deer where such rabbits or deer are intended for use as food for human consumption;

"approved method" has the meaning assigned to it by Regulation 23;

"authorised person" has the meaning assigned to it by Regulation 21;

"Bovine Tuberculosis and Brucellosis Orders" means the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1978 ( S.I. No. 256 of 1978 ), and the Brucellosis in Cattle (General Provisions) Order, 1980 ( S.I. No. 286 of 1980 ), and includes any Order amending those Orders;

"District Veterinary Office" has the meaning assigned to it by the Bovine Tuberculosis and Brucellosis Orders;

"identity card" has the meaning assigned to it by the Bovine Tuberculosis and Brucellosis Orders

"intended for human consumption" includes intended for incorporation in, or manufacture into, a food intended for human consumption and kindred words shall be construed accordingly;

"meat" means any part of the carcase or offals of an animal;

"the Minister" means the Minister for Agriculture;

"offal" means any part an an animal (other than its carcase) which is capable of use as food for human consumption, and includes blood and any constituent of blood;

"permit" has the meaning assigned to it by the Bovine Tuberculosis and Brucellosis Orders;

"parenteral administration" includes administration or application by the intra mammary, intra vaginal, intra uterine or per rectum routes or by injection;

"restricted holding" has the meaning assigned to it by the Bovine Tuberculosis and Brucellosis Orders;

"to sell" includes offer, expose or keep for sale, invite an offer to buy or distribute for reward and cognate words shall be construed accordingly;

the word "tissues" includes bodily fluids;

"withdrawal period" means the period between the time at which the administration of a poison to an animal takes place, and the time at which the levels of the poison thereby introduced into that animal and the metabolites of that poison fall below a level detectable by all methods (being approved methods for the detection of such poison or metabolite) in the tissues, secreta or excreta of that animal, or, where that poison or metabolite is to be found naturally, (that is to say other than as a result of a pathological condition or as a result of the administration of a poison) in such tissue, secreta or excreta, to or below a level encountered in animals of that type;

"Veterinary Medicines Record" has the meaning assigned to it by Regulation 19;

"Veterinary Medicines Register" has the meaning assigned to it by Regulation 19;

"veterinary surgeon" means a person registered in the register established under the Veterinary Surgeons Act, 1931 (No. 36 of 1931).

(2) In these Regulations any reference to a Regulation or Schedule shall be construed as a reference to a Regulation contained in these Regulations, or, as the case may be, to a Schedule thereto, unless it is indicated that a reference to some other provision is intended, and any reference in a Regulation to a paragraph or a subparagraph shall be construed as a reference to a paragraph or a subparagraph of that Regulation, unless it is indicated that a reference to some other provision is intended.

5. The substances set out in the First Schedule are hereby declared to be poisons for the purposes of these Regulations.

6. (1) Subject to paragraph (2), the administration to any animal, or the use in any other way in connection with any animal, of any preparation or poison specified in Part I, II or III of the First Schedule shall be effected only—

(a) by, or under the direct supervision of a veterinary surgeon in relation only to animals under his professional care, or

(b) except in the case of a preparation or poison specified in the said Part I, in accordance with the terms of a prescription given by a veterinary surgeon and under the guidance of such person or class of persons as the veterinary surgeon states in the prescription as appropriate to that administration.

(2) Paragraph (1) shall not apply to the administration of any poison—

(a) which is a poison set out in Part III of the First Schedule and which consists of or is contained in a preparation marketed, and intended for use and is so used exclusively, as an intramammary preparation for the treatment or prevention of mastitis in animals and clearly labelled with a notice to that effect, and

(b) which is clearly labelled with a notice stating the manner of administration and the dose rate and withdrawal period to be observed.

(3) Paragraph (1) shall apply to any poison to which Regulation 5 of the European Communities (Control of Oestrogenic, Androgenic, Gestagenic and Thyrostatic Substances) Regulations, 1982, refers.

(4) In this Regulation "direct supervision" means in relation to the administration of a poison or a preparation, the physical presence of the veterinary surgeon actually supervising such administration and kindred words shall be construed accordingly.

7. A person shall not administer to an animal, nor use in any other way in connection with an animal, any preparation or poison specified in Part IV of the First Schedule.

8. (1) Subject to paragraphs (2) and (4), a person shall not, for the purpose of growth promotion, administer to any animal, or use in any other way in connection with an animal, any poison set out in paragraph 1 of Part I of the First Schedule.

(2) Paragraph (1) shall not apply to any animal to which Regulation 17 applies.

(3) It shall be presumed until the contrary is proved where a person administers (or uses in any other way in connection with an animal) a poison, that such person administered (or used in any other way) such poison for the purposes of growth promotion.

(4) (a) Notwithstanding the provisions of this Regulation the Minister may by licence permit the administration to an animal, or the use in any other way in connection with that animal, of a poison set out in paragraph 1 of Part I of the First Schedule for the purposes of growth promotion.

(b) The Minister shall not grant a licence under this paragraph unless he is satisfied that such administration or other use is to be carried out for the purpose of and in the interests of scientific research.

(c) The Minister may attach such conditions appropriate to any licence granted under this paragraph (including conditions requiring the identification and testing of the animal and prohibiting the use or sale of its meat, milk, eggs or other tissue as food for human consumption), may vary such conditions and may revoke any such licence.

9. A preparation consisting of or containing a poison specified in the first column of the Second Schedule at any reference number shall be administered to an animal only in the manner (if any) specified in the second column of that Schedule at that reference number and subject to such special conditions (if any) as are specified in the third column of that Schedule at that reference number.

10. (1) A person shall neither sell nor purchase an animal intended for immediate slaughter for human consumption unless the withdrawal period of any poison administered to that animal has elapsed.

(2) In any proceedings for an offence in which a contravention of this Regulation is alleged it shall be a good defence for the defendant to show that—

(a) (i) he purchased the animal to which the alleged contravention relates from a particular person or persons that he can identify in the bona fide belief after due enquiry at the time of purchase that all (if...

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