Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 4Offences, Penalties, Defences and Exceptions

Offences, penalties and enforcement

23.—(1) A person shall be guilty of an offence if he—

(a)contravenes regulation 3, 4, 5, 6, 8, 9, 10, 11, 31(1), (2), (3) or (4) or any provision of a notice served on him under these Regulations; or

(b)without the consent in writing of an authorised officer, defaces, obliterates or removes any marking made under regulation 21(2) (c) or attempts to do so.

(2) A person guilty of an offence under paragraph (1) or regulation 7 is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.

(3) Each enforcement authority shall enforce these Regulations and shall give such assistance and information to each other enforcement authority as that other enforcement authority reasonably requires for the purpose of its duties under these Regulations.

(4) Prosecution for an offence under paragraph (1) or regulation 7 shall not be begun after the expiry of—

(a)three years from the commission of the offence; or

(b)one year from its discovery by the prosecutor,

whichever is the earlier.

Defences and exceptions

24.—(1) In any proceedings for an offence alleging a contravention of regulation 4 it shall be a defence for the person charged to prove that the veterinary medicinal product to which the allegation relates is intended for purposes other than administration to an animal.

(2) In any proceedings for an offence alleging a contravention of regulation 8 it shall be a defence for the person charged to prove that the substance listed in Annex II or Annex III of Council Directive 96/22 contained or present in the animal or which has been administered to the animal was administered in accordance with regulation 5.

Compliant Products

25.—(1) A product which is, or which contains, a substance listed in Annex II or Annex III of Council Directive 96/22 complies with the requirements of this regulation if—

(a)a marketing authorisation has been issued in relation to it;

(b)in the case of a product which is, or which contains, a beta-agonist, it has a withdrawal period of less than 28 days after the end of treatment; and

(c)in the case of a product which is, or which contains, a hormonal substance, it is not a product which falls within paragraph (2).

(2) A product falls within this paragraph if it—

(a)acts as a deposit;

(b)has a withdrawal period of more than 15 days after the end of treatment; or

(c)was authorised before 1st January 1995, has no known conditions of use and for which no reagents or equipment exists for use in the analytical techniques for detecting the presence of residues in excess of the prescribed limits.

Exception to prohibition on administration for testosterone and progesterone

26.—(1) Subject to paragraph (2), administration of any product which is, or which contains, testosterone or progesterone, is in accordance with this regulation if it is carried out by a veterinary surgeon for a therapeutic purpose on a farm animal by injection.

(2) Paragraph (1) shall not apply to the treatment of ovarian dysfunction, in which case administration is in accordance with this regulation if it is carried out by a veterinary surgeon using a product in the form of vaginal spirals.

Exception to prohibition on administration for allyl trenbolone and beta-agonists

27.—(1) Subject to paragraphs (2) and (3), administration of any product which is, or which contains, allyl trenbolone or beta-agonists, shall be in accordance with this regulation if it is carried out for a therapeutic purpose and it is carried out by a veterinary surgeon or under his direct responsibility.

(2) Paragraph (1) shall apply to a veterinary medicinal product which is, or which contains, allyl trenbolone only if it is authorised for oral administration, it is administered in accordance with the manufacturer’s instructions and it is administered to non-production animals.

(3) Paragraph (1) shall apply to a veterinary medicinal product which is, or which contains, a beta-agonist only if it is administered to a —

(a)member of the equidae family; or

(b)calving cow, by injection by a veterinary surgeon, to induce tocolysis during labour.

Exception to prohibition on administration for products having oestrogenic, androgenic or gestagenic action

28.—(1) Administration is in accordance with this regulation if, in the case of farm animals other than production animals —

(a)it is carried out for the purpose of zootechnical treatment;

(b)it is carried out, in the case of the synchronisation of oestrus or the preparation of donors or recipients for the implantation of embryos by, or under the direct responsibility of a veterinary surgeon, and in any other case, by a veterinary surgeon; and

(c)the veterinary surgeon responsible for the treatment, issues a prescription for the products to be administered, whether he supplies them or not.

(2) Administration is in accordance with this regulation if, in the case of fish aged three months or less, the administration is of products with an androgenic action for sex inversion purposes.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources