The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2001

Statutory Instruments

2001 No. 3590

FOOD

The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2001

Made

5th November 2001

Laid before Parliament

8th November 2001

Coming into force

30th November 2001

The Secretary of State for Environment, Food and Rural Affairs, being designated(1) for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of European Economic Community and in relation to medicinal products, hereby makes the following Regulations:

Title and commencement

1.  These Regulations may be cited as the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2001 and shall come into force on 30th November 2001.

Amendment of previous regulations

2.  The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997(2) shall be amended:

(a) by the substitution, for the definition of “the Council Regulation” in regulation 2(1) (interpretation), of the following definition—

“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) as amended immediately before the making of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2001(4);”;

(b) by the insertion, in the definition of “enforcement authority” in regulation 2(1), of “22” after “21” in the second place where it occurs;

(c) by the insertion, after regulation 2(1), of the following paragraph—

“(1A) For the purposes of the definition of “enforcement authority” in paragraph (1) above the Ministers are—

(a) in respect of England, the Secretary of State;

(b) in respect of Wales, the National Assembly for Wales; and

(c) in respect of Scotland, the Scottish Ministers.”; and

(d) by the deletion of Schedule 1 (which lists amendments to the Council Regulation).

Whitty

Parliamentary Under-Secretary of State

Department for Environment, Food and Rural Affairs

5th November 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 by—

(a) updating the reference to Council Regulation (EEC) No. 2377/90 so as to cover its amending instruments (Regulation 2(a) and (d);

(b) defining “the Ministers” for the purpose of the definition of “enforcement authority”; the definition of “the Ministers” was formerly contained in section 4 of the Food Safety Act 1990 (c. 16) which section was repealed by the Foods Standards Act 1999 (c. 28) and not saved by regulations under section 42 of that Act; (Regulation 2(c)); and

(c) making a minor corrective amendment with regard to the regulations specified in the definition of “enforcement authority” (Regulation 2(b)).

In addition to supplementing the Council Regulation mentioned above, the 1997 Regulations also implemented Council Directives 96/22/EC (0J No. L125, 23.5.96, p.3) and 96/23/EC (OJ No. L125, 23.5.96, p.10), which between them prohibited the use of particular substances in stockfarming and provided for measures to monitor particular substances and their residues.

(1)

S.I. 1972/1811.

(2)

S.I. 1997/1729.

(3)

OJ No. L244, 18.8.90, p. 1.

(4)

The latest amending instrument is Regulation (EC) 1553/2001 (OJ No. L205, 31.7.2001, p. 16).