European Communities (Control of Animal Remedies and their Residues) (Amendment) Regulations 2012.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Control of Animal Remedies and their Residues) (Amendment) Regulations 2012.
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paragraphs: The European Communities (Control of Animal Remedies and their Residues) Regulations 2009 ( S.I. No. 183 of 2009 ) are amended—
(a) in Regulation 2(1)—
(i) by the insertion after the definition of “Council Directives” of—
(ii) by the substitution for the definition of “establishment” of—
(iii) by the substitution for the definition of “identity card” of—
(a) a cattle identity card or a passport within the meaning of the European Communities (Identification of Bovines) Regulations 2009 (S.I. No. 77/2009), or
(b) an identification document within the meaning of the European Communities (Equine) Regulations 2011 ( S.I. No. 357 of 2011 );”,
(iv) by the substitution for the definition of “maximum residue limit” of—
(v) by the insertion after the definition of “registered veterinary practitioner” of—
(b) by the substitution for Regulation 6 of—
“6.(1) Subject to Articles 23 and 24 of Regulation (EC) No. 470/2009 and Article 23(2) of Council Directive 96/23/EC20 , a person shall not sell or slaughter a farm or aquaculture animal to which a prohibited animal remedy has been administered.
(2) A person shall not sell or slaughter a farm or aquaculture animal where there is present in the animal a quantity of a substance in excess of the maximum residue limit specified in Table 1 of the Annex to Commission Regulation (EU) 37/2010.
(3) A person shall not sell meat, meat product or other food of animal origin that contains a substance in excess of the maximum residue limit specified in Table 1 of the Annex to Commission Regulation (EU) No. 37/2010.
(4) Subject to Articles 23 and 24 of Regulation (EC) No. 470/2009 and Article 23(2) of Council Directive 96/23/EC, a person shall not sell meat, meat product or other food of animal origin that contains a prohibited animal remedy.”,
(c) in Regulation 21 by the substitution for paragraphs (1) and (2) of—
“21.(1) Without prejudice to any obligations deriving from Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 200221 , the owner or person in charge of an establishment shall, if so directed by the Minister, prepare and submit a plan, in respect of the following calendar year, for the detection of substances, veterinary drugs and contaminants specified in Annex 1 to Council Directive 96/23 of 29 April 1996 in—
(a) animals presented for slaughter,
(b) meat, meat products or other food derived from such animals, and
(c) milk, honey or eggs
at the establishment, and the owner or person in charge shall implement the plan in accordance with paragraph (4), (6) or (7), as appropriate.
(2) Without prejudice to the generality of paragraph (1), the Minister may direct that a plan prepared and submitted under this Regulation shall contain such provisions and comply with such requirements as are specified in the direction, including provisions and requirements relating to—
(a) the form of the plan,
(b) taking of specimens at an establishment as may be appropriate,
(c) the manner in which analysis of specimens is to be carried out,
(d) the frequency with which testing is to be conducted,
(e) the number, species and age of animals to be tested,
(f) the foods of animal origin to be tested, and
(g) measures to be taken by the owner or person in charge of the establishment concerned if a positive result is detected.”,
(d) by the substitution for Regulation 34 of—
“34.(1) A person commits an offence if he or she—
(a) contravenes Regulation 3(1), (2)(b) or (3), 4(1) or (2), 5(1) or (2), 6(1), (2), (3) or (4), 8(3), 9(3), 10(3), 11(1), (2), (3), (4) or (5), 12, 16(1), (2), (3) or (4), 17(3), (4), (5) or (6), 19(1) or (2)(b), 20(1), (2) or (3), 21(1), (3), (6), (8), (9) or (11), 23(1), (2) or (3), 32, 33(1) or (2),
(b) fails to comply with a direction, permit or requirement under Regulation 7(1), (2) or (3), 14(1), (2), (3) or (5), 21(1), (3) or (10), 28 or 30(2),
(c) contravenes Article 14(6), 16 or 23 of Regulation (EC) No. 470/2009, or
(d) counsels, aids or abets a contravention of subparagraph (a), (b) or (c).
(2) A person who commits an offence to which paragraph 1 refers is liable—
(a) on summary conviction, to a Class A fine or to a term of imprisonment not exceeding 6 months, or to both, or
(b) on conviction on indictment, to a fine not exceeding €500,000 or to a term of imprisonment not exceeding 3 years, or to both.
(3) The Minister may prosecute an offence under these Regulations in a summary manner.
(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851 (14 & 15 Vict.), summary proceedings for an offence under these Regulations may be instituted within 2 years from the date of the offence.
(5) If an offence under these Regulations has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if guilty of the first-mentioned offence.
(6) If the affairs of a body corporate are managed by its members, paragraph (5) applies in relation to the acts and defaults of a member in connection with the functions of management as if the member is a director or manager of the body corporate.”.