European Communities (Pesticide Residues) Regulations 2006
Statutory Instruments
Source: Statutory Instruments

num: 3
paragraphs: Maximum residue limits
num: 4
paragraphs: Establishment of maximum residue limit
num: 5
paragraphs: Appointment of Authorised Officer
num: 6
paragraphs: Functions of Authorised Officer
num: 7
paragraphs: Search warrant
num: 8
paragraphs: Obstruction etc.
num: 9
paragraphs: Compliance notice
num: 10
paragraphs: Evidence on certificate
num: 11
paragraphs: Fixed payment notice
num: 12
paragraphs: Service
num: 13
paragraphs: Offences etc.
num: 14
paragraphs: Revocations and savers
S.I. No. 654 of 2006
European Communities (Pesticide Residues) Regulations 2006
I, Mary Coughlan, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive 76/895/EEC of 23 November 19761 , Commission Directive 80/428/EEC of 28 March 19802 , Council Directive 81/36/EEC of 9 February 19813 , Council Directive 82/528/EEC of 19 July 19824 , Council Regulation (EEC) No 3768/85 of 20 December 19855 , Council Directive 86/362/EEC of 24 July 19866 , Council Directive 86/363/EEC of 24 July 19867 , Council Directive 88/298/EEC of 16 May 19888 , Council Directive 89/186/EEC of 6 March 19899 , Council Directive 90/642/EEC of 27 November 199010 , Council Directive 90/654/EEC of 4 December 199011 , Council Directive 93/57/EEC of 29 June 199312 , Council Directive 93/58/EEC of 29 June 199313 , Council Directive 94/29/EC of 23 June 199414 , Council Directive 94/30/EC of 23 June 199415 , Council Directive 95/38/EC of 17 July 199516 , Council Directive 95/39/EC of 17 July 199517 , Council Directive 95/61/EC of 29 November 199518 , Council Directive 96/32/EC of 21 May 199619 , Council Directive 96/33/EC of 21 May 199620 , Council Directive 97/41/EC of 25 June 199721 , Commission Directive 97/71/EC of 15 December 199722 , Commission Directive 98/82/EC of 27 October 199823 , Commission Directive 1999/65/EC of 24 June 199924 , Commission Directive 1999/71/EC of 14 July 199925 , Commission Directive 2000/24/EC of 28 April 200026 , Commission Directive 2000/42/EC of 22 June 200027 , Commission Directive 2000/48/EC of 25 July 200028 , Commission Directive 2000/57/EC of 22 September 200029 , Commission Directive 2000/58/EC of 22 September 200030 , Commission Directive 2000/81/EC of 18 December 200031 , Commission Directive 2000/82/EC of 20 December 200032 , Commission Directive 2001/35/EC of 11 May 200133 , Commission Directive 2001/39/EC of 23 May 200134 , Commission Directive 2001/48/EC of 28 June 200135 , Commission Directive 2001/57/EC of 25 July 200136 , Commission Directive 2002/5/EC of 30 January 200237 , Commission Directive 2002/23/EC of 26 February 200238 , Commission Directive 2002/42/EC of 17 May 200239 , Commission Directive 2002/66/EC of 16 July 200240 , Commission Directive 2002/71/EC of 19 August 200241 , Commission Directive 2002/76/EC of 6 September 200242 , Commission Directive 2002/79/EC of 2 October 200243 , Commission Directive 2002/97/EC of 16 December 200244 , Commission Directive 2002/100/EC of 20 December 200245 , Council Regulation (EC) No. 806/2003 of 14 April 200346 , Council Regulation (EC) No 807/2003 of 14 April 200347 , Commission Directive 2003/60/EC of 18 June 200348 , Commission Directive 2003/62/EC of 20 June 200349 , Commission Directive 2003/69/EC of 11 July 200350 , Commission Directive 2003/113/EC of 3 December 200351 , Commission Directive 2003/118/EC of 5 December 200352 , Commission Directive 2004/2/EC of 9 January 200453 , Commission Directive 2004/59/EC of 23 April 200454 , Commission Directive 2004/61/EC of 26 April 200455 , Commission Directive 2004/95/EC of 24 September 200456 , Commission Directive 2004/115/EC of 15 December 200457 , Commission Directive 2005/37/EC of 3 June 200558 , Commission Directive 2005/46/EC of 8 July 200559 , Commission Directive 2005/48/EC of 23 August 200560 , Commission Directive 2005/70/EC of 20 October 200561 , Commission Directive 2005/74/EC of 25 October 200562 , Commission Directive 2005/76/EC of 8 November 200563 , Commission Directive 2006/4/EC of 26 January 200664 , Commission Directive 2006/9/EC of 23 January 200665 , Commission Directive 2006/30/EC of 13 March 200666 , Commission Directive 2006/53/EC of 7 June 200667 , Commission Directive 2006/59/EC of 28 June 200668 (in so far as it relates to oxamyl, 30 December 2007), (from 20 January 2007 in so far as it relates to trifloxystrobin, thiabendazole, abamectin, carbendazim, myclobutanyl, glyphosate, trimethylsulfonium and fenpropimorph) Commission Directive 2006/60/EC of 7 July 2006, (from 20 January 2007) Commission Directive 2006/61/EC of 7 July 200669 , (from 20 January 2008) Commission Directive 2006/62/EC of 12 July 200670 and (from 10 May 2007) Commission Directive 2006/92/EC of 9 November 200671 hereby make the following regulations-
Citation
num: 1
paragraphs: These Regulations may be cited as the European Communities (Pesticide Residues) Regulations 2006.
Interpretation
num: 2
paragraphs: (1) In these Regulations—
“authorised officer” means-
(a) a person who immediately before the making of these Regulations was an authorised officer under Regulations revoked by Regulation 14,
(b) a person appointed under Regulation 5,
(c) a member of the Garda Siochana, or
(d) an officer of customs and Excise;
“Cereals Directive” means Council Directive 86/362/EEC of 24 July 1986 as amended by Council Directive 88/298/EEC of 16 May 1988, Council Directive 90/654/EEC of 4 December 1990, Council Directive 93/57/EEC of 29 June 1993, Council Directive 94/29/EC of 23 June 1994, Council Directive 95/39/EC of 17 July 1995, Council Directive 96/33/EC of 21 May 1996, Council Directive 97/41/EC of 25 June 1997, Commission Directive 97/71/EC of 15 December 1997, Commission Directive 98/82/EC of 27 October 1998, Commission Directive 1999/65/EC of 24 June 1999, Commission Directive 1999/71/EC of 14 July 1999, Commission Directive 2000/24/EC of 28 April 2000, Commission Directive 2000/42/EC of 22 June 2000, Commission Directive 2000/48/EC of 25 July 2000, Commission Directive 2000/58/EC of 22 September 2000, Commission Directive 2000/81/EC of 18 December 2000, Commission Directive 2000/82/EC of 20 December 2000, Commission Directive 2001/39/EC of 23 May 2001, Commission Directive 2001/48/EC of 28 June 2001, Commission Directive 2001/57/EC of 25 July 2001, Commission Directive 2002/23/EC of 26 February 2002, Commission Directive 2002/42/EC of 17 May 2002, Commission Directive 2002/66/EC of 16 July 2002, Commission Directive 2002/71/EC of 19 August 2002, Commission Directive 2002/76/EC of 6 September 2002, Commission Directive 2002/79/EC of 2 October 2002, Commission Directive 2002/97/EC of 16 December 2002, Council Regulation (EC) No 807/2003 of 14 April 2003, Commission Directive 2003/60/EC of 18 June 2003, Commission Directive 2003/62/EC of 20 June 2003, Commission Directive 2003/113/EC of 3 December 2003, Commission Directive 2003/118/EC of 5 December 2003, Commission Directive 2004/2/EC of 9 January 2004, Commission Directive 2004/61/EC of 26 April 2004, Commission Directive 2005/37/EC of 3 June 2005, Commission Directive 2005/46/EC of 8 July 2005, Commission Directive 2005/48/EC of 23 August 2005, Commission Directive 2005/70/EC of 20 October 2005, Commission Directive 2005/76/EC of 8 November 2005, Commission Directive 2006/4/EC of 26 January 2006, Commission Directive 2006/30/EC of 13 March 2006, Commission Directive 2006/59/EC of 28 June 2006, (in so far as it relates to oxamyl, 30 December 2007), (from 20 January 2007) Commission Directive 2006/61/EC of 7 July 2006, (from 20 January 2008) Commission Directive 2006/62/EC of 12 July 2006 and (from 10 May 2007) Commission Directive 2006/92/EC of 9 November 2006;
“foodstuff” includes beverage;
“Foodstuffs of Animal origin Directive” means Council Directive 86/363/EEC of 24 July 1986 as amended by Council Directive 93/57/EEC of 29 June 1993, Council Directive 94/29/EC of 23 June 1994, Council Directive 95/39/EC of 17 July 1995, Council Directive 96/33/EC of 21 May 1996, Council Directive 97/41/EC of 25 June 1997, Commission Directive 97/71/EC of 15 December 1997, Commission Directive 98/82/EC of 27 October 1998, Commission Directive 1999/71/EC of 14 July 1999, Commission Directive 2000/24/EC of 28 April 2000, Commission Directive 2000/42/EC of 22 June 2000, Commission Directive 2000/58/EC of 22 September 2000, Commission Directive 2000/81/EC of 18 December 2000, Commission Directive 2000/82/EC of 20 December 2000, Commission Directive 2001/39/EC of 23 May 2001, Commission Directive 2001/57/EC of 25 July 2001, Commission Directive 2002/23/EC of 26 February 2002, Commission Directive 2002/42/EC of 17 May 2002, Commission Directive 2002/66/EC of 16 July 2002, Commission Directive 2002/71/EC of 19 August 2002, Commission Directive 2002/79/EC of 2 October 2002, Commission Directive 2002/97/EC of 16 December 2002, Council Regulation (EC) No. 807/2003 of 14 April 2003, Commission Directive 2003/60/EC of 18 June 2003, Commission Directive 2003/113/EC of 3 December 2003, Commission Directive 2003/118/EC of 5 December 2003, Commission Directive 2004/2/EC of 9 January 2004, Commission Directive 2004/61/EC of 26 April 2004, Commission Directive 2005/46/EC of 8 July 2005, Commission Directive 2005/48/EC of 23 August 2005, Commission Directive 2005/70/EC of 20 October 2005, Commission Directive 2006/30/EC of 13 March 2006, Commission Directive 2006/59/EC of 28 June 2006, (from 20 January 2007) Commission Directive 2006/61/EC of 7 July 2006, (from 20 January 2008) Commission Directive 2006/62/EC of 12 July 2006 and (from 10 May 2007) Commission Directive 2006/92/EC of 9 November 2006;
“Fruit and Vegetables Directive” means Council Directive 76/895 EEC of 23 November 1976 as amended by Commission Directive 80/428/EEC of 28 March 1980, Council Directive 81/36/EEC of 9 February 1981, Council Directive 82/528/EEC of 19 July 1982, Council Regulation (EEC) No 3768/85 of 20 December 1985, Council Directive 88/298/EEC of 16 May 1988, Council Directive 89/186/EEC of 6 March 1989, Council Directive 93/58/EEC of 29 June 1993, Council Directive 96/32/EC of 21 May 1996, Council Directive 97/41/EC of 25 June 1997, Commission Directive 2000/24/EC of 28 April 2000, Commission Directive 2000/57/EC of 22 September 2000, Commission Directive 2000/82/EC of 20 December 2000, Commission Directive 2002/66/EC of 16 July 2002, Commission Directive 2002/71/EC of 19 August 2002, Commission Directive 2002/79/EC of 2 October 2002, Council Regulation (EC) No 807/2003 of 14 April 2003, Commission Directive 2003/60/EC of 18 June 2003, Commission Directive 2003/118/EC of 5 December 2003, Commission Directive 2005/70/EC of 20 October 2005, Commission Directive 2006/59/EC of 28 June 2006, (from 20 January 2008) Commission Directive 2006/62/EC of 12 July 2006 and (from 10 May 2007) Commission Directive 2006/92/EC of 9 November 2006;
“Minister” means Minister for Agriculture and Food;
“Plant Products Directive” means Council Directive 90/642/EEC of 27 November 1990 as amended by Council Directive 93/58/EEC of 29 June 1993, Council Directive 94/30/EC of 23 June 1994, Council Directive 95/38/EC of 17 July 1995, Council Directive 95/61/EC of 29 November 1995, Council Directive 96/32/EC of 21 May 1996, Council Directive 97/41/EC of 25 June 1997, Commission Directive 97/71/EC of 15 December 1997, Commission Directive 98/82/EC of 27 October 1998, Commission Directive 1999/65/EC of 24 June 1999, Commission Directive 1999/71/EC of 14 July 1999, Commission Directive 2000/24/EC of 28 April 2000, Commission Directive 2000/42/EC of 22 June 2000, Commission Directive 2000/48/EC of 25 July 2000, Commission Directive 2000/57/EC of 22 September 2000, Commission Directive 2000/58/EC of 22 September 2000, Commission Directive 2000/81/EC of 18 December 2000, Commission Directive 2000/82/EC of 20 December 2000, Commission Directive 2001/35/EC of 11 May 2001, Commission Directive 2001/39/EC of 23 May 2001, Commission Directive 2001/48/EC of 28 June 2001, Commission Directive 2001/57/EC of 25 July 2001, Commission Directive 2002/5/EC of 30 January 2002, Commission Directive 2002/23/EC of 26 February 2002, Commission Directive 2002/42/EC of 17 May 2002, Commission Directive 2002/66/EC of 16 July 2002, Commission Directive 2002/71/EC of 19 August 2002, Commission Directive 2002/76/EC of 6 September 2002, Commission Directive 2002/79/EC of 2 October 2002, Commission Directive 2002/97/EC of 16 December 2002, Commission Directive 2002/100/EC of 20 December 2002, Council Regulation (EC) No. 806/2003 of 14 April 2003, Commission Directive 2003/60/EC of 18 June 2003, Commission Directive 2003/62/EC of 20 June 2003, Commission Directive 2003/69/EC of 11 July 2003, Commission Directive 2003/113/EC of 3 December 2003, Commission Directive 2003/118/EC of 5 December 2003, Commission Directive 2004/2/EC of 9 January 2004, Commission Directive 2004/59/EC of 23 April 2004, Commission Directive 2004/61/EC of 26 April 2004, Commission Directive 2004/95/EC of 24 September 2004, Commission Directive 2004/115/EC of 15 December 2004, Commission Directive 2005/37/EC of 3 June 2005, Commission Directive 2005/46/EC of 8 July 2005, Commission Directive 2005/48/EC of 23 August 2005, Commission Directive 2005/70/EC of 20 October 2005, Commission Directive 2005/74/EC of 25 October 2005, Commission Directive 2005/76/EC of 8 November 2005, Commission Directive 2006/9/EC of 23 January 2006, Commission Directive 2006/4/EC of 26 January 2006, Commission Directive 2006/30/EC of 13 March 2006, Commission Directive 2006/53/EC of 7 June 2006, Commission Directive 2006/59/EC of 28 June 2006 (in so far as it relates to oxamyl, 30 December 2007), (from 20 January 2007 in so far as it relates to trifloxystrobin, thiabendazole, abamectin, carbendazim, myclobutanyl, glyphosate, trimethylsulfonium and fenpropimorph) Commission Directive 2006/60/EC of 7 July 2006, (from 20 January 2007) Commission Directive 2006/61/EC of 7 July 2006 and (from 20 January 2008 Commission Directive 2006/62/EC of 12 July 2006 and (from 10 May 2007) Commission Directive 2006/92/EC of 9 November 2006;
“premises” includes land (including land under water) with or without buildings, a vehicle (including a boat, ship, hovercraft, aircraft or offshore installation) (being an offshore installation, within the meaning of the Safety, Health and Welfare (Offshore Installations) Act 1987 (No. 18 of 1987)), railway wagon, container or other thing used in connection with, or ancillary to, a thing aforementioned;
“product” includes part of a product;
“sell” includes offer, expose or keep for sale, invite an offer to buy, or distribute for reward or otherwise (whether directly or through another person);
“supply” means to give without reward;
“third country” means a State that is not a member state.
(2) A word or expression that is used in these Regulations and is also used in the Cereals Directive, Foodstuffs of animal origin Directive, Fruit and vegetable Directive or Plant products Directive has, in these Regulations, the same meaning as it has in the Directive in which it occurs.
Maximum residue levels
num: 3
paragraphs: (1) A person shall not sell or supply a product if the product -
(a) is a product to which the Cereals Directive applies and contains within it or on it a pesticide residue the level of which exceeds the maximum level specified in relation to the product -
(i) in the second column of Annex II to the Cereals Directive opposite the mention of the pesticide residue in the first column of that Annex, or
(ii) opposite the mention of the product in the first column of Annex II to the Cereals Directive,
(b) is a product to which the Foodstuffs of animal origin Directive applies and contains within it or on it a pesticide residue the level of which exceeds the maximum level specified in relation to the product in the second, third or fourth column of Annex II to the Foodstuffs of animal origin Directive opposite the mention of the pesticide residue in the first column of that Annex,
(c) is a product to which the Fruit and Vegetables Directive applies and contains within it or on it a pesticide residue the level of which exceeds the maximum level specified in relation to the product in the third column of Annex II to the Fruit and Vegetables Directive opposite the mention of the pesticide residue in the first and second column of that Annex, or
(d) is a product to which the Plant products Directive applies and contains within it or on it a pesticide residue the level of which exceeds the maximum level specified in relation to the product in Annex II to the Plant products Directive opposite the mention of the pesticide residue in the first column of that Annex.
(2) In the case of a dried and processed product, produced from a product referred to in paragraph (1), the maximum level of pesticide residue present is the level specified in respect of the product adjusted to take account of the residue concentration caused by the drying process or the residue concentration or residue dilution resulting from processing; and
(3) In the case of a composite product, which contains a product referred to in paragraph (1) which has been incorporated into the composite product, the maximum level of pesticide residue present shall be the level specified in respect of the product adjusted to take account of the dilution or concentration of the pesticide residue in the product resulting from incorporation in the composite product.
(4) These Regulations do not apply to-
(a) a product treated before export to a third country if it can be proved to the satisfaction of the Minister that the third country requires that it be treated in that manner, or
(b) a product shown, to the satisfaction of the Minister, not to be intended for sowing, planting or for use as a foodstuff for humans or animals.
Establishment of maximum level
num: 4
paragraphs: (1) Subject to paragraph (2), the Minister may establish the maximum level of a pesticide residue which may be contained in or on a specified product brought into the State from a Member State of origin.
(2) A maximum level of pesticide residue shall not be established under paragraph (1) if a harmonised pesticide residue level has been established -
(a) pursuant to the procedures provided in the Plant Origin Directive, the Cereals Directive, the Foodstuffs Directive or the Fruit and Vegetable Directive, or
(b) in accordance with Article 4(1)(f) of Council Directive 91/414/EEC of 15 July 1991.
(3) A maximum level of a pesticide residue established under paragraph (1) does not apply to a product brought into the State from a Member State of origin if the product is shown to the satisfaction of the Minister to be in transit to another state.
Appointment of Authorised Officers
num: 5
paragraphs: (1) The Minister may, by instrument in writing, appoint such and so many persons as he or she thinks fit to be authorised officers for the purposes of some or all of these Regulations.
(2) A warrant of appointment as an authorised officer shall be issued to every person appointed under this Regulation by the Minister and when exercising a function conferred on the person as an authorised officer such person shall, if requested by a person affected, produce the warrant to that person.
(3) The Minister may terminate the appointment of an authorised officer appointed by him or her, whether or not the appointment was for a fixed period.
(4) An appointment as an authorised officer ceases -
(a) if it is terminated pursuant to paragraph (3),
(b) if it is for a fixed period, on the expiry of that period, or
(c) if the person appointed is an officer of the Minister, upon the person appointed ceasing to be an officer of the Minister.
(5) Nothing in paragraph (4) shall be construed so as to prevent the Minister from reappointing as an authorised officer a person to whom that paragraph related.
Functions of Authorised Officer
6(1) An authorised officer may at all reasonable times enter a premises (other than a part of a premises that is a dwelling) if the authorised officer has reasonable cause to suspect that -
(a) the manufacture, importation, preparation, handling, storage, transport, exportation, distribution, sale, supply or use of a plant protection product is taking place or has taken place in, on, under or from a premises,
(b) the manufacture, importation, preparation, handling, storage, transport, exportation, distribution, sale, supply or use of a product, including a dried product, a processed product or a composite product, is taking place or has taken place in, on, under or from a premises,
(c) an offence is being or has been committed under these Regulations in, on, under or from a premises, or
(d) there are any books, documents or records, relating to a business whose activities consist of or include the sale, supply, processing or storage of a plant protection product or product on a premises,
the authorised officer may at all reasonable times,
(i) search the premises,
(ii) stop a person, vehicle, vessel or container,
(iii) board and search a vehicle, vessel or container,
(iv) search a person, if the authorised officer considers it necessary,
(v) examine a plant protection product, product, vehicle, vessel, container or other thing,
(vi) take, without payment, samples, including samples of a plant protection product or product or other thing that may have been in contact with the plant protection product or product or that relates to the plant protection product or product as he or she may reasonably require and carry out or cause to be carried out on the samples such tests, analyses, examinations or inspections as he or she considers necessary or expedient,
(vii) seize and detain (for so long as is necessary) a plant protection product, product or other thing that he or she has reasonable cause to suspect may be evidence of an offence under these Regulations,
(viii) require the production of a document or thing relating to a plant protection product or product, vehicle, vessel or container,
(ix) dispose of, or require the owner or person in charge of or in possession of, a plant protection product or product, to dispose of it (or any equipment, machinery, plant or other thing used in connection with, or that may have been in contact with a plant protection product or product) in such manner as the authorised officer sees fit,
(x) give such directions to, or request such information of, such person regarding a plant protection product, product or premises as he or she considers necessary,
(xi) examine and copy books, records data or data material (within the meaning in each case of the Data Protection Act 1988 (No. 25 of 1988)) he or she finds there, extract information from any such data and take extracts from any such material,
(xii) retain any document or thing to which subparagraph (viii) refers or a book, record, date or date material to which subparagraph (xi) refers (for so long as is necessary),
(xiii) require a person to give his or her name and address and such information or produce any book, certificate, document, other record or thing as the authorised officer considers necessary or expedient,
(xiv) require of a person information regarding the purchase, importation, processing, production, sale, supply, ownership, identity, origin or destination of a plant protection product or product,
(xv) require a person who is for the time being in charge or control of any vehicle stopped or entered -
(I) to refrain from moving it, and
(II) to give assistance, to carry out such instructions and to give such information as may be reasonably necessary for the purposes of subparagraph (i) to (xiii), or
(xvi) mark or otherwise identify a plant protection product or product or a sample taken under subparagraph (vi).
(2) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling, unless he or she has obtained a search warrant under Regulation 7 other than if he or she has reasonable cause to suspect that before a search warrant could be sought in relation to the dwelling anything to which paragraph (1) relates is being or is likely to be destroyed or disposed of.
(3) An authorised officer may use reasonable force, if necessary, in exercise of his or her powers under this Regulation.
(4) An authorised officer, when exercising a power under this Regulation may be accompanied by other persons (including an employee of or person acting on behalf of the European Commission) and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.
(5) An authorised officer is not liable in any proceedings for anything done in the purported exercise of his or her powers under these Regulations if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
(6) Without prejudice to the generality of paragraph (1), a direction or requirement of an authorised officer may include conditions prohibiting, restricting or otherwise controlling the use, processing or movement of a product as may be specified by the authorised officer.
(7) Nothing in these Regulations operates to prejudice any power to search, or to seize or detain property, which may apart from these Regulations be exercised by a member of the Garda Siochana or an officer of customs and Excise.
(8) If a member of the Garda Siochana has reasonable grounds to suspect that a person has committed an offence under these Regulations, the member may without warrant arrest the person.
Search Warrant
num: 7
paragraphs: (1) If a judge of the District Court is satisfied by information on oath of an authorised officer that he or she suspects there is evidence of an offence under these Regulations on a premises, the judge may issue a search warrant.
(2) A search warrant issued under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers, members of the Garda Siochana, as the named officer thinks necessary, at any time or times, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter (if necessary by force) the land or premises named in the warrant.
(3) If a premises or land is entered pursuant to a warrant issued under this Regulation, an authorised officer so entering may exercise all or any of the powers conferred on an authorised officer under these Regulations.
Obstruction
num: 8
paragraphs: A person shall not -
(a) obstruct or impede an authorised officer in the exercise of any of his or her powers under these Regulations,
(b) fail, without reasonable excuse, to comply with a requirement or direction made by an authorised officer under these Regulations,
(c) tamper with a sample taken under Regulation 6, or
(d) in purporting to give information required by an authorised officer for the performance of the officer's powers under Regulation 6 -
(i) make a statement which he or she knows to be false in a material particular or recklessly make a statement which is false in a material particular, or
(ii) fail to disclose any material particular.
Compliance notice
num: 9
paragraphs: (1) Without prejudice to Regulation 6, if an authorised officer is of the opinion that -
(a) a product contains within it or on it a pesticide residue in excess of the maximum level referred to in Regulation 3,
(b) a product may be sold or supplied contrary to Regulation 4,
(c) an act of the institutions of the European Union or these Regulations is not being or has not been complied with or there are reasons to believe that an act of the institutions of the European Union or these Regulations will not be complied with,
(d) it is necessary for the protection of human health, animal health or welfare or the environment including preventing the contamination of food, or
(e) it is necessary, ancillary or supplementary for an act of the institutions of the European Community to have full effect,
he or she may serve or cause to be served on the owner or person who appears to be in charge, possession or control of a premises or product (including the master of a vessel) a notice (“compliance notice”) stating that opinion and directing that -
(i) a product be dealt with or used in a manner specified in the notice,
(ii) a product not be moved from a premises specified in the notice,
(iii) such alterations be made to a premises or operations at a premises as the officer specifies in the notice,
(iv) a product be disposed of in such manner as the officer specifies in the notice,
(v) a specified operation or activity cease on a premises,
(vi) a product be removed from the State,
(vii) a specified operation or activity takes place only in a manner specified in the notice,
(viii) a specified type or level of sampling and analysis be undertaken for a period specified in the notice, or
(ix) a specified operation or activity may only be carried out under and in accordance with such terms and conditions as are specified in the compliance notice.
(2) A person shall comply with a compliance notice or a requirement of a compliance notice unless and until the notice is annulled under paragraph (9).
(3) A requirement contained in a compliance notice shall specify a time limit within which the notice is to be complied with.
(4) A requirement specified in a compliance notice (in this paragraph referred to as “the earlier compliance notice”) may be amended or withdrawn by a further notice in writing and the earlier compliance notice has effect subject to such amendment or withdrawal.
(5) A compliance notice, whether amended under paragraph (4) or not, may require the owner or person in charge of a plant or a product to choose between one or more of the requirements specified in the compliance notice and that person shall comply with the alternative requirement that he or she chooses.
(6) A person affected by a compliance notice may, within 7 days of service of the compliance notice, apply to the Judge of the District Court having jurisdiction in the District Court District where the product or person having charge of the product is situated or to the Judge of the District Court having jurisdiction in the District Court District where the person ordinarily resides on the grounds that the compliance notice or any term of the compliance notice are not reasonable, having regard to the objectives of the Cereals Directive, Foodstuffs of animal origin Directive, Fruit and vegetables Directive, Plant Products Directive or these Regulations (in this Regulation referred to as “an appeal”).
(7) An appeal may be heard at any sitting of the District Court within the appropriate District Court Area.
(8) Notice of an appeal, which shall contain a statement of the grounds upon which it is alleged that the compliance notice or any term of the compliance notice is unreasonable having regard to the objectives of the Cereals Directive, Foodstuffs of animal origin Directive, Fruit and vegetables Directive, Plant products Directive or these Regulations, shall be served on the Minister at least 48 hours prior to the hearing of the appeal and a copy thereof shall be lodged with the appropriate District Court Clerk.
(9) On the hearing of an appeal, a Judge of the District Court may confirm, with or without modification, or annul a compliance notice.
(10) A person, including a person on whom a compliance notice is served, shall not-
(a) pending the determination of an appeal, deal with premises or a product to which a compliance notice relates other than under and in accordance with the notice, or
(b) after the appeal, deal with premises or a product to which a compliance notice relates other than under and in accordance with the compliance notice or compliance notice as modified.
(11) If -
(a) a person, by act or omission, fails to comply, whether within the time specified therein or otherwise, with a compliance notice (including a compliance notice modified in accordance with paragraph (9)), or
(b) an authorised officer has reasonable cause to suspect -
(i) that a compliance notice (including a compliance notice modified in accordance with paragraph (9)) is not or will not be complied with, or
(ii) pending the determination of an appeal, a premises or product to which the compliance notice relates is or will not be dealt with other than in accordance with paragraph (10),
an authorised officer may seize and detain a product in such manner as he or she thinks fit and sell or dispose of the product in a manner that the authorised officer considers appropriate.
(12) Subject to paragraph (14), the proceeds of the sale or disposal of a product under paragraph (11) shall be paid to the owner of the product as soon as may be after such sale or disposal and after a person has satisfied the Minister that he or she is the owner or otherwise entitled to the proceeds of the sale or disposal of the product.
(13) The costs of seizure, sale or disposal of a product under this Regulation shall be recoverable by Minister-
(a) as a simple contract debt in a court of competent jurisdiction, or
(b) by deducting the costs from any sum due by the Minister to a person on whom a notice has been served.
(14) The costs of any action required by a compliance notice shall be borne by the owner of a premises or product to which the notice relates.
Evidence on certificate
num: 10
paragraphs: (1) In proceedings for an offence consisting of a contravention of these Regulations, a certificate purporting to be signed by a person employed at a laboratory named in the certificate stating the capacity in which that person is so employed and stating any one or more of the following, namely -
(a) that the person received a sample submitted to the laboratory,
(b) that, for the period specified in the certificate, the person had the sample in his or her custody,
(c) that the person gave the sample to such other person as is specified in the certificate, or
(d) that the person carried out any laboratory examination for the purpose of detecting the presence, in the sample, of a pesticide residue, or that a particular level of pesticide residue was present in or on the sample,
is, unless the contrary is proved, evidence of the matters stated in the certificate.
(2) In proceedings for an offence under these Regulations the court may, if it considers that the interests of justice so require, direct that oral evidence of the matters stated in a certificate under paragraph (1) be given, and the court may for the purpose of receiving oral evidence adjourn the matter.
(3) In proceedings for an offence, evidence of an act of the institutions of the European Community may be given by production of a copy of the act certified by an officer of the Minister to be a copy of the act, and it is not necessary to prove the signature of the officer or that he or she is an officer of the Minister.
(4) Paragraph (3) is in addition to and not in substitution for the European Communities (Judicial Notice and Documentary Evidence) Regulations 1972 ( S.I. No. 341 of 1972 ).
Fixed payment notice
num: 11
paragraphs: (1) If an officer of the Minister authorised by the Minister in that behalf has reasonable grounds for suspecting that a person is committing or has committed an offence under these Regulations, he or she may serve a notice in writing (“fixed payment notice”) on that person stating that -
(a) the person is alleged to have committed the offence,
(b) the person may during the period of 28 days from the date of the notice make to the Minister a payment of €250 accompanied by the notice, and
(c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the fixed payment notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.
(2) If a fixed payment notice is given —
(a) a person to whom the notice applies may, during the period specified in the notice, make to the Minister at the address specified in the notice the payment specified in the notice accompanied by the notice,
(b) the Minister may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and
(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence will be instituted.
(3) In a prosecution for an offence under these Regulations, the onus of proving that a payment pursuant to a notice under this Regulation has been made lies on the defendant.
Service
num: 12
paragraphs: (1) A compliance notice, subject to paragraph (2), or fixed payment notice shall be addressed to the person concerned by name and may be served on or given to the person -
(a) by giving a copy to the person, his or her employee, servant or agent, or in the case of a partnership by delivery to any of the partners,
(b) by leaving a copy at the address at which the person ordinarily resides, where he or she carries out business, or, where an address for service has been furnished, at that address,
(c) by sending a copy by post in a prepaid registered letter to the address at which the person ordinarily resides, carries out business, in the case of a body corporate or unincorporated body the registered office of the body or, where an address for service has been furnished, at that address,
(d) by electronic communication,
(e) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the compliance notice relates to a premises, by delivering a copy to the premises or by affixing a copy in a conspicuous position on or near the premises, or
(f) if the Minister or an authorised officer considers that the immediate giving of a compliance notice is required, by sending a copy, by means of a facsimile machine, to a device or facility for the reception of facsimiles located at the address at which the person ordinarily resides or carries on business or, if an address for the service of notices has been furnished by the person, that address, provided that the sender's facsimile machine generates a message confirming successful transmission of the total number of pages of the notice.
(2) If a compliance notice is to be served on or given to a person who is the owner or occupier of a premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words the owner or the occupier.
(3) A person shall not, at any time within 6 months after a compliance notice is affixed under subsection (1)(d), remove, damage or deface the notice without lawful authority.
(4) For the purposes of this Regulation, a company within the meaning of the Companies Acts is considered to be ordinarily resident at its registered office and every other body corporate or unincorporated body is considered to be ordinarily resident at its principal office or place of business.
Offences
num: 13
paragraphs: (1) A person who contravenes Regulation 3(1), 8, 9(2) or 9(3) commits an offence and is liable, on conviction, to a fine not exceeding € 5,000 or to a term of imprisonment not exceeding 6 months or to both.
(2) An offence under these Regulations may be prosecuted by the Minister.
(3) If an offence under these Regulations is 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 is committed, is 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, is guilty of an offence and liable to be proceeded against and punished as if guilty of the first-mentioned offence.
(4) If the affairs of a body corporate or unincorporated body are managed by its members, paragraph (3) applies in relation to the acts and defaults of a member in connection with functions of management as if the member is a director or manager of the body corporate.
Revocations and savers
num: 14
paragraphs: (1) The following are revoked-
(a) European Communities (Pesticides Residues) (Fruit and Vegetables) Regulations 1989 ( S.I. No. 105 of 1989 ),
(b) European Communities (Pesticides Residues) (Plant products including fruit and vegetables) Regulations 1999 ( S.I. No. 179 of 1999 ),
(c) European Communities (Pesticides Residues) (Foodstuffs of Animal Origin) Regulations 1999 ( S.I. No. 180 of 1999 ),
(d) European Communities (Pesticides Residues) (Cereals) Regulations 1999 ( S.I. No. 181 of 1999 ),
(e) European Communities (Pesticide Residues) (Fruit and Vegetables) (Amendment) Regulations 2001 ( S.I. No. 136 of 2001 ),
(f) European Communities (Pesticide Residues) (Fruit and Vegetables) (Amendment) Regulations 2002( S.I. No. 526 of 2002 ),
(g) European Communities (Pesticide Residues) (Fruit and Vegetables) Regulations 2003( S.I. No. 356 of 2003 ),
(h) European Communities (Pesticide Residues) (Fruit & Vegetables) (Amendment) Regulations 2004( S.I. No. 120 of 2004 ),
(i) European Communities (Pesticide Residues) (Fruit & Vegetables) (Amendment) Regulations 2006 ( S.I. No. 192 of 2006 ),
(j) European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) (Amendment) (No. 2) Regulations 2006 ( S.I. No. 259 of 2006 ),
(k) European Communities (Pesticide Residues) (Cereals) (Amendment) (No. 2) Regulations 2006 ( S.I. No. 260 of 2006 ),
(l) European Communities (Pesticide Residues) (Products of Plant Origin including Fruit and Vegetables) (Amendment) (No. 2) Regulations 2006 ( S.I. No. 266 of 2006 ),
(m) European Communities (Pesticide Residues) (Products of Plant Origin including Fruit and Vegetables) (Amendment) (No. 3) Regulations 2006 ( S.I. No. 464 of 2006 ),
(n) European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) (Amendment) (No. 3) Regulations 2006 ( S.I. No. 489 of 2006 ), and
(o) European Communities (Pesticide Residues) (Cereals) (Amendment) (No. 3) Regulations 2006 ( S.I. No. 492 of 2006 ).
(2) These Regulations are in addition to and not in substitution for-
(a) the European Communities (Pesticide Residues) (Feedingstuffs) Regulations 1992 ( S.I. No. 40 of 1992 ),
(b) the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) Regulations 1998 ( S.I. No. 283 of 1998 ),
(c) the European Communities (Infant Formulae and Follow-on Formulae) Regulations 1998 ( S.I. No. 243 of 1998 ), and
(d) the European Communities (Processed Cereal-Based Foods and Baby Foods for Infants and Young Children) Regulations 1998 ( S.I. No. 241 of 1998 ).