The Animals and Animal Products (Examination for Residues and Maximum Residue Limits)(England and Scotland) Regulations 2015

PART 2 E+S Prohibitions and Exceptions

Prohibition on the sale of list A and list B substances E+S

3.—(1) Subject to paragraph (2), no person may 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) does 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 is to 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.

Commencement Information

I1 Reg. 3 in force at 1.7.2015, see reg. 1(1)

Prohibition on possession of beta-agonists E+S

4.  No person, other than a veterinary surgeon, may 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.

Commencement Information

I2 Reg. 4 in force at 1.7.2015, see reg. 1(1)

Prohibition on administration of beta-agonists or hormonal substances E+S

5.—(1) Subject to paragraph (2), no person may administer or knowingly cause or permit to be administered to any animal any product which is, or which contains, a substance listed in Annex II or III to Council Directive 96/22.

(2) The prohibition in paragraph (1) does 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 the administration is in accordance with regulation 26;

(b) containing allyl trenbolone or a beta-agonist, if the administration is 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 the administration is in accordance with regulation 28.

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

Commencement Information

I3 Reg. 5 in force at 1.7.2015, see reg. 1(1)

Prohibition of administration to animals of unlicensed substances or products E+S

6.—(1) Subject to paragraph (2), no person may administer or knowingly cause or permit to be administered to an animal any unlicensed substance.

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

Commencement Information

I4 Reg. 6 in force at 1.7.2015, see reg. 1(1)

Prohibition of administration of Table 2 substances E+S

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).

Commencement Information

I5 Reg. 7 in force at 1.7.2015, see reg. 1(1)

Prohibition of possession or slaughter of animals and of processing E+S

8.—(1) No person may 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) No person may process the meat of an animal intended for human consumption where—

(a) that animal contains, or

(b) the presence in has been established of, or

(c) 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 is 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 is presumed, until the contrary is proven, to be an animal for such use.

Commencement Information

I6 Reg. 8 in force at 1.7.2015, see reg. 1(1)

Prohibition on the sale of animals E+S

9.—(1) Subject to paragraph (2), no person may sell or supply, for slaughter for human consumption, any animal—

(a) which contains or to which there has been administered an unauthorised 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 Annex 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) prohibits 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.

Commencement Information

I7 Reg. 9 in force at 1.7.2015, see reg. 1(1)

Prohibition of the sale of animal products E+S

10.—(1) No person may 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) No person may sell for human consumption any animal product which contains—

(a) an unauthorised substance; or

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

Commencement Information

I8 Reg. 10 in force at 1.7.2015, see reg. 1(1)

Prohibition of disposal of slaughtered animal or batch of animals E+S

11.  Where an animal or batch of animals has been slaughtered further to a notice referred to in regulation 22(3), no person may 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.

Commencement Information

I9 Reg. 11 in force at 1.7.2015, see reg. 1(1)

Exception to prohibition on slaughter E+S

12.—(1) Notwithstanding the prohibition on slaughter of an animal or batch of animals by notice given in accordance with 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 the following paragraphs of this regulation.

(2) Notice of the proposed date and place of slaughter must 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), must 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 must be retained in such place and manner as an authorised officer may specify, while it is subjected to such examination as an authorised officer may reasonably consider necessary.

(5) Where the examination (the result of which is to be given by an authorised officer to 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 must be disposed of for a purpose other than human consumption.

Commencement Information

I10 Reg. 12 in force at 1.7.2015, see reg. 1(1)

(1)

S.I. 2013/2033, to which there is an amendment not relevant to these Regulations.