The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact provisions formerly contained in the Animals, Meat and Meat Products (Examination for Residues and Maximum Residue Limits) Regulations 1991, the Medicines (Stilbenes and Thyrostatic Substances) Regulations 1982, the Medicines (Hormone Growth Promoters) (Prohibition of Use) Regulations 1988 and the Animals and Fresh Meat (Hormonal Substances) Regulations 1988.

The Regulations implement Council Directive 96/22/EC (OJ No. L125, 23.5.96, p.3) concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC. The Regulations also implement Council Directive 96/23/EC (OJ No. L125, 23.5.96, p.10) on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC and provide for the enforcement and execution of the prohibition in Articles 5 and 14 of Council Regulation (EEC) No. 2377/90 (OJ No. L224, 18.8.90, p.1).

The prohibition on administration of “unlicensed products” in regulation 6, as read with the definition of such products in regulation 2(1), gives effect to the judgement in the Case C-297, Dominique Bruyere and Others v. Belgium, in so far as that judgement relates to the administration of veterinary medicinal products to animals within the meaning of Directives 96/22/EC and 96/23/EC.

The Regulations—

(a) prohibit the sale, possession or administration to animals of specified unauthorised substances (regulations 3, 4, 5, 6 and 7);

(b) prohibit the possession, slaughter or processing the meat of, animals intended for human consumption which contain, or which have been administered with, specified unauthorised substances (regulation 8);

(c) prohibit the sale or supply for slaughter of animals if the appropriate withdrawal period has not expired and prohibit supply for slaughter or, subject to exceptions, the sale, of animals or the sale of animal products which contain unauthorised substances or an excess of authorised substances (regulations 9 and 10);

(d) prohibit, subject to an exception, the disposal for human or animal consumption of slaughtered animals containing specified unauthorised substances (regulations 11 and 12);

(e) empower authorised officers to inspect and examine animals and to take samples and provide for the analysis of official samples (regulations 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22);

(f) provide for offences and penalties and for enforcement by each enforcement authority as defined in regulation 2(1) (regulation 23);

(g) provide specific defences (regulations 24, 25, 26, 27, 28 and 29);

(h) deny to processors a due diligence defence in specified circumstances (regulations 30 and 31);

(i) specify requirements relating to the keeping of records and provide for the suspension or revocation of manufacturers' licences (regulations 32 and 33);

(j) apply, with some modifications, provisions of the Food Safety Act 1990 including the defence of due diligence (regulation 34); and

(k) amend and revoke other legislation (regulations 35 and 36 and Schedule 2).

A Compliance Cost Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament and copies can be obtained from the Residues Surveillance Branch of the Veterinary Medicines Directorate, Woodham Lane, New Haw, Addlestone, Surrey KT15 3NB.