The Animals and Animal Products (Examination for Residues and Maximum Residue Limits)(England and Scotland) Regulations 2015

UK Statutory Instrument 2015 No. 787 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 18 March 2015
In force from: 1 July 2015
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: (EC) No. 178/2002, Directive 96/22/EC, Directive 96/23/EC, European Communities Act 1972, Interpretation Act 1978, Schedule 1 to, the Food Safety Act 1990

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 apply in relation to England and Scotland and revoke the statutory instruments listed in the Schedule, consolidating their provisions. The Regulations implement Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists and Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and provide for the execution and enforcement of Regulation (EC) No 470/2009 of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin and Commission Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin. 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 or slaughter of, or the processing of the meat of, animals intended for human consumption to which there has been administered, which contains, or in which the presence has been established, specified unauthorised substances (regulation 8); c prohibit the sale or supply, for slaughter for human consumption, of animals to which substances have been administered in certain circumstances including, subject to an exception, where the withdrawal period for the product administered has not expired (regulation 9); d prohibit the sale for human consumption of any animal product derived from an animal the sale or supply for slaughter of which is prohibited under regulation 9 or any animal product which contains an unauthorised substance or an excess of an unauthorised substance (regulation 10); e prohibit, subject to an exception, the disposal for human or animal consumption of the carcase or offal of an animal or an animal from a batch of animals where that animal or an animal of that batch has been slaughtered further to a notice referred to in regulation 22(3) (examination shows specified unauthorised substance) (regulations 11 and 12); f give authorised officers the power to take samples and provide for the analysis of official samples (regulations 13, 14, 15, 16, 17, 18, and 19); g give authorised officers the power to inspect and examine animals and provide for the subsequent service of notices (regulations 20, 21 and 22); h provide for offences, penalties and enforcement (regulation 23); i provide specific defences and exceptions (regulations 24, 25, 26, 27 and 28); j deny to processors a due diligence defence in specified circumstances (regulations 29 and 30); k specify requirements relating to the keeping of records (regulation 31); l apply, with some modifications, provisions of the Food Safety Act 1990 (c.16) including the defence of due diligence (regulation 32); m revoke the instruments specified in the Schedule in so far as they apply in relation to England and Scotland (regulation 33); and n require the Secretary of State to carry out a periodic review of these Regulations in England (regulation 34). A full impact assessment has not been produced for this instrument, as no, or no significant, impact on the private voluntary or public sectors is foreseen. The Explanatory Memorandum is available at www.legislation.gov.uk.

Offences created by this instrument

A person who— a contravenes regulation 3, 4, 5, 6, 8, 9, 10, 11, 31(1), (2), (3) or (4) or any provision of a notice… regulation 23(1) · Status not determined · Mixed — some elements strict, some not
Application and modification of provisions of the Food Safety Act 1990 regulation 32(2) · Status not determined · Strict liability
Prohibition of administration of Table 2 substances regulation 7 · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment etc.) (EU Exit) Regulations 2019 Lords · Grand Committee · 27 February 2019 · The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, veterinary medicines are tightly regulated here in the United Kingdom and in Europe. They are essential for the treatment of animals and ensuring animal welfare but can also present a risk to human health and the environment. If misused, they can affect human health directly or may enter the natural environment, causing long-lasting damage. The UK’s existing Veterinary Medicines Regulations 2013 set out the requirements on the manufacture, authorisation, supply, possession and administration of veterinary medicines in the UK. Separately, the surveillance of residues from veterinary…
Draft Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment Etc.) (EU Exit) Regulations 2019 Commons · General Committees · 12 March 2019 · The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
I beg to move, That the Committee has considered the draft Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment etc.) (EU Exit) Regulations 2019. It is an honour to serve when you are in the Chair, Mrs Ryan. Veterinary medicines are tightly regulated, both here in the UK and in Europe. They are essential for the treatment of animals and ensuring animal welfare, but can also present a risk to human health and the environment. If misused, they can affect human health directly, or may enter the natural environment, causing…
Agriculture Bill (Eleventh sitting) Commons · Public Bill Committees · 5 March 2020 · Victoria Prentis
I will set out the Government’s position on that. The hon. Member for Cambridge was kind enough to say that I was an esteemed lawyer. I do not know whether that is true, but I am certainly a very experienced Government lawyer, and I gently say that the purpose of primary legislation is not about making people happy, although the purpose of the policy behind it might well be that. We come at this from the same place: we all like high standards in British agriculture and want to support our farmers. However, I will set out why the Government have come to this conclusion, which will take some…
Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 Lords · Grand Committee · 2 December 2020 · Baroness Bennett of Manor Castle (GP) [V]
My Lords, I thank the Minister for his outline of this very complex and rather packed schedule for the hour, and it is a pleasure to follow the noble Baroness, Lady McIntosh of Pickering. I will do my best not to repeat any of her questions, because I will cover some similar ground. I will start where she left off, with the Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020. The Minister in his introduction—and the Government right through this whole process—stressed that this is a straight transfer over. But, like the noble Baroness, Lady McIntosh of Pickering, I have…

How Parliament handled it

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