Animals and Fresh Meat (Examination for Residues) Regulations 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/848 |
| Year | 1988 |
1988 No. 848
AGRICULTURE
The Animals and Fresh Meat (Examination for Residues) Regulations 1988
Made 6th May 1988
Laid before Parliament 17th May 1988
Coming into force 7th June 1988
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Economic Community, acting jointly in exercise of the powers conferred on them by the said section 2(2), hereby make the following Regulations:—
Title and commencement
1. These Regulations may be cited as the Animals and Fresh Meat (Examination for Residues) Regulations 1988 and shall come into force on 7th June 1988.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“analyst” means the person having the management or control of an approved laboratory;
“animal” means a domestic animal of the following species: bovine animals (including buffalo), swine, sheep, goats and solipeds;
“approved laboratory” means a laboratory designated by the competent authority for the purposes of these Regulations;
“authorised officer” means a person appointed by a competent authority to be an authorised officer for the purposes of these Regulations;
“authorised substance” means a transmissible substance the presence of which in any animal or fresh meat is permitted by or in implementation of Community law;
“competent authority” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland, Northern Ireland or Wales, the Secretary of State;
“farm of origin”, in relation to a sample taken from any animal or fresh meat, means—
(a) where the sample was taken at a farm, that farm,
(b) where the sample was taken at any other place, the last farm on which the animal was before being taken to that place;
“fresh meat” means meat which has not undergone any preserving process other than chilling or freezing and includes meat vacuum wrapped or wrapped in a controlled atmosphere;
“meat” means the flesh or other part of an animal suitable for human consumption;
“official sample” means a sample, taken by a competent authority, for the purposes of analysis in pursuance of Article 8.1(a) of Council Directive 86/469/EEC3, which bears a reference to the species, the type, the amount and the method of collection and the identification of the origin of the animal or the meat;
“official veterinary certificate” means a certificate signed by an official veterinary surgeon;
“official veterinary surgeon” means a veterinary surgeon designated by the competent authority;
“owner” shall include, in relation to any animal, the person in charge of such animal and in relation to any fresh meat the person in possession of such fresh meat;
“prescribed”, in relation to the maximum level for an authorised substance, means prescribed by or in implementation of Community law;
“primary analysis” means an analysis of an official sample carried out by an approved laboratory;
“primary analysis certificate” means an analyst’s certificate specifying the finding of a primary analysis;
“prohibited substance” means a transmissible substance the presence of which in any animal or fresh meat is prohibited by or in implementation of Community law;
“reference analysis” means an analysis carried out by an approved laboratory to check the finding of a primary analysis;
“reference analysis certificate” means an analyst’s certificate specifying the finding of a reference analysis;
“residue” means a residue of a transmissible substance;
“transmissible substance” means any substance having a pharmacological action or any conversion product thereof or any other substance transmitted to meat and which is likely to be dangerous to human health;
“veterinary medicine” means any substance having a pharmacological action administered to an animal;
“veterinary surgeon” means a person registered in the register of veterinary surgeons.
(2) In these Regulations any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Purpose
3. These Regulations provide for the examination of animals and fresh meat for the presence of residues.
Primary analysis of official samples
4.—(1) An official sample taken from any animal, its excrement or body fluid or from its tissues or fresh meat shall be submitted for analysis at an approved laboratory and dealt with in accordance with paragraph (2) below.
(2) Part of the official sample shall be subjected to a primary analysis, the remainder being retained for any reference analysis.
Positive findings in samples
5. Where the primary analysis shows that the sample contains a residue of a prohibited substance or a quantity of an authorised substance exceeding the maximum level prescribed for that authorised substance the analyst shall give a primary analysis certificate to the owner of the animal or fresh meat and to the competent authority which submitted the sample.
Reference analysis
6.—(1) If, within a period of seven days from the receipt of the primary analysis certificate, the owner of the animal or fresh meat challenges the finding specified in that certificate or if the competent authority in any event so decides, that finding shall be referred to an approved laboratory for a reference analysis together with the remainder of the official sample.
(2) Any challenge under paragraph (1) above shall be made by notice in writing and served on the competent authority which submitted the official sample for analysis.
(3) The analyst shall give to the owner of the animal or fresh meat and the competent authority who submitted the sample a reference analysis certificate.
Marking and examination of animals
7.—(1) If a competent authority—
(a)
(a) is of the opinion as a result of information—
(i) revealed by a primary analysis or reference analysis of an official sample submitted by that competent authority, or
(ii) supplied by another competent authority or by the competent authority of another Member State, or
(b)
(b) otherwise, has reasonable grounds for suspecting,
that any animal at the farm of origin or any other place may contain a residue of a prohibited substance or a quantity of an authorised substance exceeding the maximum level prescribed for that substance, the competent authority shall have the powers specified in paragraph (2) below.
(2) The competent authority may—
(a)
(a) paint, stamp, clip, tag or otherwise mark, or cause to be marked, that animal;
(b)
(b) subject that animal to such examination for the presence of residues, including the taking and analysis of samples, as the competent authority may reasonably consider to be necessary;
(c)
(c) give notice in writing to the owner of the animal that, during the period of the examination, that animal shall not be sold or...
To continue reading
Request your trial