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

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PART 2Prohibitions and Exceptions

Prohibition on the sale of list A and list B substances

3.—(1) Subject to paragraph (2), a person shall not sell, for administration to any animal, any product which is, or which contains, a list A substance or a list B substance, if the animal or any product of that animal is intended for human consumption.

(2) Paragraph (1) shall not apply to the sale of a product that complies with the requirements of regulation 25 and which is for administration in accordance with regulation 27.

(3) Any product sold which is, or which contains, a list A substance or a list B substance shall be presumed, unless the contrary is proven, to have been sold for administration to an animal which is, or any product of which is, intended for human consumption.

Prohibition on possession of beta-agonists

4.  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.

Prohibition on administration of beta-agonists or hormonal substances

5.—(1) Subject to paragraph (2), a person shall not administer or knowingly cause or permit to be administered to any animal any—

(a)substance listed in Annexes II or III of Council Directive 96/22; or

(b)any product which is, or which contains a substance listed in either of those Annexes.

(2) The prohibition in paragraph (1) shall not apply to the administration of a compliant veterinary medicinal product —

(a)containing testosterone, progesterone or a derivative of these substances which readily yields the parent compound on hydrolysis after absorption at the site of application, if that product is administered in accordance with regulation 26;

(b)containing allyl trenbolone or a beta-agonist, if that product is administered in accordance with regulation 27; or

(c)having oestrogenic action (but not containing oestradiol 17b or its ester-like derivatives), androgenic action or gestagenic action, if that product is administered in accordance with regulation 28.

(3) Paragraph (2), “compliant veterinary medicinal product” means a veterinary medicinal product which complies with the requirements of regulation 25.

Prohibition of administration to animals of unlicensed substances or products

6.—(1) Subject to paragraph (2), a person shall not administer or knowingly cause or permit to be administered to an animal any unlicensed substance.

(2) Nothing in paragraph (1) shall prohibit the administration of any veterinary medicinal product in accordance with an exemption specified in paragraphs 1, 5 and 9 of Schedule 4 of the Veterinary Medicines Regulations 2013(1).

Prohibition of administration of Table 2 substances

7.  It is an offence to contravene Article 14(6) of Regulation 470/2009 (prohibition on administration of substances to food producing animals in certain circumstances).

Prohibition of possession or slaughter of animals and of processing

8.—(1) A person shall not slaughter or otherwise be in possession on a farm of an animal intended for use for human consumption to which there has been administered, which contains, or in which the presence has been established of, any substance listed in Annex II or Annex III to Council Directive 96/22.

(2) A person shall not process the meat of an animal intended for human consumption where that animal contains or the presence in has been established of, or to which there has been administered, any substance listed in Annex II or Annex III to Council Directive 96/22.

(3) Any animal slaughtered or in the possession of a person on a farm which is commonly slaughtered or possessed for use for human consumption shall be presumed, until the contrary is proven, to have been slaughtered or possessed for such use and an animal commonly used for human consumption from which meat is processed shall be presumed, until the contrary is proven, to be an animal for such use.

Prohibition on the sale of animals

9.—(1) Subject to paragraph (2), a person shall not sell or supply, for slaughter for human consumption, any animal—

(a)which contains or to which there has been administered an unauthorised substance or unlicensed substance;

(b)to which there has been administered a substance in contravention of regulation 5;

(c)that is an aquaculture animal to which a substance listed in Annexes II or III of Council Directive 96/22 has been administered;

(d)to which a list A substance or a substance listed in Annex III of Council Directive 96/22 has been administered;

(e)which contains a Table 1 substance at a concentration exceeding the maximum residue limit; or

(f)to which a medicinal product has been administered if the withdrawal period for that product has not expired.

(2) Nothing in paragraph (1) (f) shall prohibit the sale before the end of the withdrawal period of any high-value horse to which has been administered allyl trenbolone or a beta-agonist in accordance with regulation 5, provided that the type and date of treatment was entered on the horse’s passport by the veterinary surgeon directly responsible for the treatment.

Prohibition of the sale of animal products

10.—(1) A person shall not sell for human consumption any animal product derived from an animal the sale or supply for slaughter of which is prohibited under regulation 9.

(2) A person shall not sell for human consumption any animal product which contains—

(a)an unauthorised substance, an unlicensed substance; or

(b)an authorised substance at a concentration exceeding the relevant maximum residue limit.

Prohibition of disposal of a slaughtered animal or batch of animals

11.  Where an animal or batch of animals has been slaughtered further to a notice issued under regulation 22, a person shall not dispose of the carcase or offal of that animal or of any animal of that batch of animals, or any part of such carcase or offal, for human or animal consumption.

Exception to prohibition on slaughter

12.—(1) Notwithstanding the prohibition on slaughter of an animal or batch of animals by notice served pursuant to regulation 22(4), that animal or batch of animals may be slaughtered before the withdrawal of such notice, if the owner of that animal or batch of animals complies with paragraphs (2) to (5).

(2) Notice of the proposed date and place of slaughter shall be given to an authorised officer before that date.

(3) The animal or batch of animals, marked, or caused to be marked, by an authorised officer under regulation 21(2)(c), shall be accompanied to the place of slaughter by a certificate issued by an authorised officer identifying the animal or batch of animals and the farm of origin.

(4) After slaughter any animal product derived from the animal or from an animal of that batch of animals shall be retained in such place and manner as an authorised officer may specify, while it is subjected to such examination as he may reasonably consider necessary.

(5) Where the examination (the result of which shall be served by an authorised officer on the owner by notice in writing) confirms that any animal product referred to in paragraph (4) contains an authorised substance at a concentration exceeding the relevant maximum residue limit, the animal product shall be disposed of for a purpose other than human consumption.

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