UK Offence Report

The Meat and Meat Products (Hormonal Substances) Regulations 1989

UK Statutory Instrument 1989 No. 2133 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
6 November 1989
In force from
13 December 1989
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which apply only to England and Wales, come into force on 13th December 1989. They implement Article 2(c) and (d) of Council Directive 81/602/EEC (OJ No. L222, 7.8.81, p. 32) concerning the prohibition of certain substances having a hormonal action and of any substances having a thyrostatic action, in part Articles 4, 5 and 6 of Council Directive 85/358/EEC (OJ No. L191, 23.7.85, p. 46) supplementing Directive 81/602/EEC and Article 1 of Council Directive 86/469/EEC (OJ No. L275, 26.9.86, p. 36) concerning the examination of animals and fresh meat for the presence of residues. The Regulations:– a prohibit the sale for human or animal consumption of meat of any animals to which have been administered any hormonal substance except where such substance is an authorised substance and, where the sale is for human consumption, the withdrawal period has elapsed since the administration of the substance and the slaughter of the animal; the sale of meat products prepared from such meat and the use of such meat as an ingredient in the preparation of any meat product are also prohibited (regulation 3); b empower an authorised officer who has reasonable grounds for suspecting that any meat or meat product is material the sale of which is prohibited, to give notice to the person in possession of such meat or meat product prohibiting its sale or use as an ingredient in any meat product for sale for human or animal consumption or its removal except to a place or for a purpose specified in the notice; an authorised officer is also empowered to deal with such meat or meat product in the same way as food suspected of being unfit, in accordance with section 9 of the Food Act 1984 (regulation 4); c empower an authorised officer to take samples and make provision for the primary analysis of samples of any meat or meat product and of any such samples containing the remains of any solid implants, for notification to the owner and the authorised officer of positive findings of a hormonal substance other than an authorised substance or of a quantity of an authorised substance exceeding the maximum level prescribed for that substance, for reference analysis where the owner of the meat or meat product challenges such finding or the authorised officer so decides and notification to the analyst of the name and address of owners of meat or meat products sent for analysis (regulations 5 to 9); d specify the methods of analysis and the requirements in relation to certificates of analysis and provide that no person shall be convicted of an offence under regulation 3 unless the evidence in such proceedings includes a primary or reference analysis certificate (regulations 10 and 11); e require an authorised officer to notify a competent authority in specified circumstances (regulation 12); f make provision for the service of notices and certificates (regulation 13); g make provision for the application of specified provisions of the Food Act as if the Regulations were made under that Act (regulation 14); h make provision for the condemnation of meat or meat products the sale of which is prohibited (regulation 15); i require each local authority to enforce and execute the Regulations within its area (regulation 16); j empower the competent authority, in specified circumstances, to procure sample of meat and meat products for analysis and pending investigations to prohibit the sale or use as an ingredient in food of any meat in a slaughterhouse, to submit the samples for primary or reference analysis and also make provision for the communication of the results of such analysis to the local authority for proceedings to be taken (regulation 17); k make provision for a penalty, offences by corporations, offences due to the fault of another person and a defence of due diligence to proceedings for any offence under the Regulations (regulations 18–21). Article 2(a) of Directive 81/602/EEC, which prohibits the administration of hormonal substances to animals except for specified purposes, has been implemented by the Medicines (Hormone Growth Promoters) (Prohibition of Use) Regulations 1988 (S.I. 1988/705). Article 2(b) of that Directive, which prohibits the sale or slaughter of animals to which hormonal substances have been administered, has been implemented by the Animals and Fresh Meat (Hormonal Substances) Regulations 1988 (S.I. 1988/849).

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