The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016

PART 5 Miscellaneous

Responsibilities of processors

29.  The owner of an establishment of initial processing of animal products shall, in respect of each animal or animal product brought into that establishment, ensure –

(a) that it does not contain—

(i) a residue level which exceeds the maximum permitted limit;

(ii) any unauthorised substance or product or any unlicensed substance or product; and

(b) any appropriate withdrawal period has been observed.

Unavailability of defence

30.  It is hereby declared that a person shall not be entitled to rely on the defence provided by Article 20(1), (5) and (6) of the Order, as applied by regulation 32, in any proceedings alleging a contravention of regulation 8 or 10 if he has contravened regulation 29.

Keeping and retention of records

31.—(1) The owner of an establishment of initial processing of animal products shall keep such records as are sufficient, either alone or in combination with records or information held by some other person, to enable the animals from which those animal products were derived, and the farm of origin or departure of those animals, to be identified.

(2) Persons holding a manufacturing or wholesale dealer’s authorisation granted under the Veterinary Medicines Regulations 2013, for purposes relating to a marketing authorisation for a product to which regulation 4 applies, shall, in relation to hormonal substances and beta-agonists, keep a record in chronological order of—

(a) quantities produced;

(b) quantities purchased or otherwise acquired and from whom each quantity was purchased or acquired;

(c) quantities sold and to whom each quantity was sold; and

(d) quantities used in the production of pharmaceutical or authorised veterinary products.

(3) Any person required to keep a record by paragraph (1) or (2) shall keep that record in a permanent and legible form and shall retain that record for a period of three years from the end of the calendar year to which such record relates save in the case of a prescription intended to show that withdrawal periods have been observed which shall be retained for a period of five years from the date of the commencement of the withdrawal period to which it relates.

(4) Subject to paragraph (5) if an authorised officer directs a person to produce for inspection a record which paragraph (1) or (2) requires him to keep, he shall comply with the direction.

(5) An authorised officer shall not give a direction under paragraph (4) in relation to a record after the end of the appropriate period mentioned in paragraph (3).

(6) The requirement in paragraph (3) to keep records in a permanent and legible form shall not prevent their being kept by means of computer.

(7) Where a record is so kept, the duty under paragraph (4) to produce it for inspection, is a duty to produce it in a form in which it can be taken away.

Application and modification of provisions of the Food Safety (Northern Ireland) Order 1991

32.—(1) The following provisions of the Order shall apply for the purposes of these Regulations and any reference in them to the Order shall be construed for the purposes of these Regulations as a reference to these Regulations—

(a) Article 2 (extended meaning of “sale” etc.);

(b) Article 4 (presumption that food is intended for human consumption);

(c) Article 19 (offences due to fault of another person);

(d) Article 20(1), (5) and (6) (defence of due diligence);

(e) Article 21 (defence of publication in the course of business);

(f) Article 34 (obstruction etc. of officers);

(g) Article 36 (punishment of offences) in so far as it relates to offences under Article 34(1) and (2); and

(h) Article 43 (protection of public analyst acting in good faith).

(2) Article 8 of the Order (inspection and seizure of suspected food) shall, subject to paragraph (3), apply for the purposes of these Regulations as if an animal product which it is an offence to sell under these Regulations were food which failed to comply with food safety requirements.

(3) Article 8 of the Order shall apply for the purposes of these Regulations subject to the modification that the reference in paragraph (5)(a) thereof to Articles 6 and 7 of the Order shall be construed as a reference to these Regulations.

(4) Article 29 of the Order (procurement of samples) shall apply for the purposes of these Regulations subject to the modification that for the words “Article 33” in paragraph (b)(ii) thereof shall be substituted “Article 33 as applied by this regulation”.

(5) Articles 30 and 31 of the Order (analysis etc. of samples) shall apply for the purposes of these Regulations subject to the modification that in each case after the words “Article 29” there shall be inserted the words “, other than an official sample,”.

(6) Article 33 of the Order (powers of entry) shall apply for the purposes of these Regulations with the omission of the word “food” in paragraph (6) thereof and the references to “regulations” in paragraph (1) thereof shall be construed as including a reference to Articles 14 (6) and 16 of Regulation 470/2009.

Revocations

33.  The Regulations specified in the Schedule are hereby revoked.