2009 No. 298

Food

Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations (Northern Ireland) 2009

Made

Coming into operation

The Department of Agriculture and Rural Development 1 and the Department of Health, Social Services and Public Safety 2, are Departments designated 3 for the purposes of section 2(2) of the European Communities Act 1972 4 in relation to the common agricultural policy of the European Community and in relation to medicinal products.

Acting jointly5, the Department of Agriculture and Rural Development and the Department of Health, Social Services and Public Safety make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act and Articles 15(1)(a),(b) and (f), 15(3), 16(1) and (2), 25(1), (2)(a) and (3), 30(9), 31(3), 32(1) and 47(2) of, and paragraph 7 of Schedule 1 to the Food Safety (Northern Ireland) Order 19916.

In accordance with Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety7, the aforementioned Departments have carried out consultation with such organisations as appear to them to be representative of interests likely to be substantially affected by these Regulations.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 31st August 2009.

2

The Interpretation Act (Northern Ireland) 19548 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 19982

1

The Animals and Animal Products (Examination for Residues and Maximum Residues Limits) Regulations (Northern Ireland) 19989 are amended in accordance with paragraphs (2) to (11).

2

In regulation 2(1), for the definition of “the Council Regulation” substitute—

“the Council Regulation” means Council Regulation (EEC) No. 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin;

3

In regulation 2(3A), for “2006” substitute “2009”.

4

In regulation 3—

a

Paragraphs (1) and (2) are revoked;

b

In paragraphs (3) and (5), before the words “a list B substance”, there shall be inserted the words “a list A substance or”; and

c

In paragraph (4), for “regulations 27 or 28A” there shall be substituted “regulation 27”.

5

For regulation 4, there shall be substituted the following regulation—

Prohibition on possession of beta-agonist4

A person, other than a veterinary surgeon, shall not possess, on a farm, any veterinary medicinal product containing a beta-agonist which is authorised to be used for induction purposes in the treatment of tocolysis.

6

In Regulation 5—

a

At the end of sub-paragraph (2)(b), there shall be added “or”;

b

In sub-paragraph (2)(c), for “;or” there shall be substituted a full stop; and

c

Revoke sub-paragraph (2)(d).

7

In regulation 9(1)(d), “,oestrdiol 17 β,” shall be omitted.

8

In regulation 26(1), after the word “administration” there shall be inserted the words “of any product which is, or which contains, testosterone or progesterone”.

9

In regulation 27—

a

In paragraph (1), after the word “administration” there shall be inserted the words “of any product which is, or which contains, allyl trenbolene or beta-agonists”;

b

At the end of sub-paragraph (3)(a), add “or”; and

c

Sub-paragraph (3)(b) is revoked.

10

Regulation 28A is revoked.

11

Schedule 1 is revoked.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 19th August 2009.

(L.S.)Dr. John SpeersA senior officer of the Department of Agriculture and Rural Development

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 19th August 2009.

(L.S.)Sean DonaghyA senior officer of the Department of Health, Social Services and Public Safety
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend provisions of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 1998 (S.R. 1998/237) that give effect to Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ No. L125, 23.5.1996, p.3). The Regulations give effect to the amendments made to that Directive by Directive 2008/97/EC of the European Parliament and of the Council (OJ No. L318, 28.11.2008, p.9),

Regulation 2 amends the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 1998 as follows:

Paragraphs (2) and (3) update references to community legislation by amending regulations 2(1) and 2(3A).

Paragraphs (4)-(7), (9)(b) and (c) and (10) transpose Directive 2008/97/EC by amending regulations 3-5, 9 and 27(3) and by revoking regulation 28A.

Paragraphs (8) and (9)(a) correct drafting errors in regulations 26 and 27(1) of the 1998 Regulations.

Paragraph (11) revokes Schedule 1 of the 1998 Regulations.