Medicines (Animal Feeding Stuffs) (Enforcement) Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/273 |
| Year | 1985 |
1985 No. 273
MEDICINES
The Medicines (Animal Feeding Stuffs) (Enforcement) Regulations 198513thFebruary 1985
11thMarch 1985
1stApril 1985
The Minister of Agriculture, Fisheries and Food, the Secretaries of State respectively concerned with agriculture in Scotland and in Wales and the Department of Agriculture for Northern Ireland, acting jointly, in exercise of powers conferred by sections 117(1), (2), (3) and (5A) of the Medicines Act 1968(a) and now vested in them(b) and of all other powers enabling them in that behalf, after consulting such organisations as appear to them to be representative of interests likely to be substantially affected by these regulations in accordance with section 129(6) of the said Act, hereby make the following regulations:—
Title, commencement and interpretation
1.— (1) These regulations may be cited as the Medicines (Animal Feeding Stuffs) (Enforcement) Regulations 1985, and shall come into operation on 1st April 1985.
(2) In these regulations, unless the context otherwise requires—
"the Act" means the Medicines Act 1968;
"agricultural analyst" means an agricultural analyst appointed under section 67 of the Agriculture Act 1970(c) and includes a deputy agricultural analyst so appointed for the same area;
"animal feeding stuff" includes a complete feeding stuff, a feed supplement and a protein concentrate;
"complete feeding stuff" means a substance or a mixture of substances designed for feeding to animals without further mixing with other feeding stuffs;
(a) 1968 c. 67; section 117(5A) was inserted by section 15(1) of the Animal Health and Welfare Act 1984 (c.40).
(b) In the case of the Secretary of State concerned with agriculture in Wales by virtue of S.I. 1978/272 and in the case of the Department of Agriculture for Northern Ireland by virtue of section 40 of, and Schedule 5 to, the Northern Ireland Constitution Act 1973 (c. 36) and section 1(3) of, and paragraph 2(1)(b) of Schedule 1 to, the Northern Ireland Act 1974 (c. 28).
(c) 1970 c. 40.
"feed supplement" means a substance or a mixture of substances designed for further mixing before feeding to animals at an inclusion rate of less than 5 per cent with other animal feeding stuffs;
"inspector" means a person authorised by an enforcement authority for the purposes of the enforcement of the Act;
"protein concentrate" means a substance or a mixture of substances designed for further mixing before feeding to animals at an inclusion rate of 5 per cent or more with other animal feeding stuffs;
"sampled portion", in relation to any animal feeding stuff means an amount of that feeding stuff (as prescribed under the provisions of Part I of Schedule 2 to these regulations) constituting a unit and having characteristics presumed to be uniform from which a sample has been taken or set aside by an inspector in the manner prescribed in Parts II, III and IV of the said Schedule, being an amount—
(a) consisting either—
(i) entirely of feeding stuffs packed in one or more containers; or
(ii) entirely of feeding stuffs not so packed; and
(b) not exceeding, in the case of an amount consisting of feeding stuffs so packed, the requisite quantity, that is to say, five tonnes or 5000 litres, except where—
(i) it consists of feeding stuffs packed in a single container, or
(ii) it consists of feeding stuffs packed in two or more containers each of which holds less than the requisite quantity, in which case the prescribed amount may be the contents of the lowest number of those containers which together hold the requisite quantity;
"unit" means an animal feeding stuff identifiable as such by reason of its manufacturer, packer, uniform manner of packaging or labelling.
Modification of certain provisions of the Act
2. For the purposes of the application of the provisions of sections 112, 113 and 115 of the Act in relation to animal feeding stuffs, those provisions shall have effect subject to the modifications specified in Part I of Schedule 1 to these regulations, such provisions as so modified being set out in Part II of the said Schedule.
Sampling and analysis
3.— (1) A sample which is taken in accordance with the provisions of sections 112(2) or 115(1) of the Act, shall be taken, submitted for analysis and dealt with in the manner provided in Schedule 2 to these regulations.
(2) Where pursuant to section 113(2) of the Act a sample is set aside from a substance or article seized in pursuance of section 112(4) of the Act or a substance or article so seized is itself treated as a sample, such a sample or such a substance or article shall be set aside, submitted for analysis and dealt with in the manner provided in Schedule 2 to these regulations, but subject to the modifications set out in Part VII to that Schedule.
(3) Without prejudice to his powers and duties under section 112 of the Act an inspector may for the purposes of the Act take a sample otherwise than in accordance with these regulations of any substance or article appearing to him to be an animal feeding stuff but in all other respects these regulations shall not apply and no proceedings under the Act shall be taken in relation to such a sample.
Methods of analysis
4.— (1) Paragraphs (2) and (3) of this regulation shall have effect for the purposes of proceedings for offences under any of the following provisions of the Act, that is to say subsections (1), (2), (4) and (5) of section 45, subsection (2) of section 67, subsections (1) and (2) of section 91 and subsections (1) and (2) of section 123 and for the purposes of proceedings for offences under the Medicines (Labelling of Medicated Animal Feeding Stuffs) Regulations 1973(a).
(2) For the purpose of determining what quantity or proportion (if any) of a substance or article of a description or class specified in Schedule 3 to these regulations has been incorporated in a sample of an animal feeding stuff to be analysed in pursuance of section 112, section 113 or section 115 of the Act the methods of analysis set out in the said Schedule 3 shall, whenever they are applicable, be used.
(3) On the production in the proceedings of a certificate of the results of analysis of a sample of the animal feeding stuff performed by a method prescribed by paragraph (2) of this regulation evidence of the results of any analysis of a part of the sample performed by any other method shall not be admissible in the proceedings.
Forms of certificate of analysis or examination
5. A certificate of analysis issued by an agricultural analyst in accordance with Schedule 2 to these regulations shall be in the form set out in Schedule 4 Part I to these regulations, and a certificate of analysis or examination made by any laboratory for the purposes of the said Schedule 2 shall be in the form set out in Schedule 4 Part II to these regulations.
Revocation
6. The Medicines (Animal Feeding Stuffs) (Enforcement) Regulations 1983(b) are hereby revoked.
(a) S.I. 1973/1530; to which there are amendements not relevant to these regulations.
(b) S.I. 1983/62.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th January 1985.
Michael Jopling, Minister of Agriculture, Fisheries and Food.
(L.S.)
George Younger, Secretary of State for Scotland.
12th February 1985.
Nicholas Edwards, Secretary of State for Wales.
13th February 1985.
Sealed with the Offical Seal of the Department of Agriculture for Northern Ireland this 13th day of February 1985.
W. H. Jack, Permanent Secretary.
(L.S.)
(Regulation 2)
SCHEDULE 1
PART I
MODIFICATIONS OF SECTIONS 112, 113 and 115 OF THE MEDICINES ACT 1968
Section 112
1. In subsection (1), immediately after the words "that authority" there shall be inserted the words "(in this section referred to as an 'inspector')", in paragraph (a), for the words "a medicinal product" there shall be substituted the words "an animal feeding stuff", in paragraph (b), for the words "any medicinal product" there shall be substituted the words "any animal feeding stuff" and for the words "a medicinal product" there shall be substituted the words "an animal feeding stuff", and paragraph (c) shall be omitted.
2. In subsection (2), for the words "a person authorised as mentioned in that subsection" there shall be substituted the words "an inspector", for paragraphs (a) and (b) there shall be substituted the words "an animal feeding stuff" and the words "if he does not obtain the sample by purchase" shall be omitted.
3. In subsection (3), for the words "person authorised as mentioned in that subsection" there shall be substituted the word "inspector", for the words "medicinal products" there shall be substituted the words "animal feeding stuffs" and immediately after the words "medicinal products" there shall be inserted the words "or a business which includes the mixing of animal feeding stuffs for use in the course of that business".
4. In subsection (4), for the words "person so authorised" there shall be substituted the word "inspector" and immediately before the word "document" wherever it appears, there shall be inserted the words "book or".
5. In subsection (5), for the words "subsection (4)" there shall be substituted the words "subsections (1), (2) or (4)", for the words "person having that right" there shall be substituted the word "inspector" and the words "or open any vending machine" shall be omitted.
6. In subsection (6), for the words "a person" there shall be substituted the words "an inspector", immediately before the word "document" there shall be inserted the words "book or" and the words from "and, in the case of" to the end of the subsection shall be omitted.
7. In subsection (7), for the words "person duly authorised in writing by the licensing authority" there shall be substituted the word "inspector" and for the words "a person" there shall be substituted the words "an inspector".
8. In subsection (9), for the words "The provisions of Schedule 3 to" there shall...
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