PART 4Offences, Penalties, Defences and Exceptions
Offences, penalties and enforcement23
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 exceptions24
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 Products25
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 progesterone26
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-agonists27
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 action28
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.