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

JurisdictionUK Non-devolved
CitationSI 2015/787
Year2015
(1) These Regulations may be cited as the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015 and come into force on 1st July 2015.(2) These Regulations apply in relation to England and Scotland only.(1) In these Regulations, unless the context otherwise requires—
  • the Act” means the Food Safety Act 1990;
  • “analysis” includes any technique for establishing the composition of an official sample;
  • “analyst” means the person having the management or control of an approved laboratory;
  • “animal” includes aquaculture animals;
  • “animal product” includes meat, meat products, processed products derived from animals, milk, honey and eggs;
  • “appropriate Minister” means, as respects England, the Secretary of State and, as respects Scotland, the Scottish Ministers;
  • “approved laboratory” means—
    • (a) a laboratory approved by the appropriate Minister for the purposes of Council Directive 96/23; or
    • (b) any laboratory under the direction or control of a public analyst appointed in accordance with section 27 of the Act;
  • “authorised officer” means any person (whether or not an officer of an enforcement authority) who is authorised in writing by that authority, either generally or specially, to act in matters arising under these Regulations;
  • “carcase” means—
    • (a) the whole body of a slaughtered animal (other than an uneviscerated bird) after bleeding and dressing; or
    • (b) the whole body of a slaughtered uneviscerated bird after bleeding;
  • “commercial operation”, in relation to an animal or batch of animals, means any of the following, namely—
    • (a) selling, possessing for sale and offering, exposing or advertising for sale;
    • (b) consigning or delivering by way of sale;
    • (c) storing or transporting for the purpose of sale;
    • (d) slaughtering or deriving food from it for the purpose of sale or for purposes connected with sale; and
    • (e) importing and exporting;
  • “Council Directive 96/22” means 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 repealing Directives 81/602/EEC, 88/146/EEC and 88/299/ECC;
  • “Council Directive 96/23” means Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC;
  • “enforcement authority” , subject to regulation 22(8) , means, for the purposes of regulations 12, 20, 21, 22 and 23(1) (b) , the appropriate Minister and, except for the purposes of regulations 12, 20, 21, 22 and 23(1) (b) , means the appropriate Minister and—
    • (a) where enforcement is in relation to food or food sources, a food authority within its area; and
    • (b) where enforcement is other than in relation to food or food sources, a local authority within its area;
  • “examination” includes a physical examination of an animal or animal product or other article or substance and the taking, and any analysis of, an official sample;
  • “farm of origin”, in relation to an official sample taken from any animal or animal product means—
    • (a) where the official sample was taken at a farm, that farm;
    • (b) where the official sample was taken at any other place, the last farm on which the animal from which the sample was taken or derived was kept before being taken to that place;
  • “hormonal substance” means any substance within either of the following categories—
    • (a) stilbenes and thyrostatic substances;
    • (b) substances with oestrogenic, androgenic or gestagenic action;
  • “list A substance” means a substance named in List A of Annex II to Council Directive 96/22;
  • “list B substance” means a substance named in List B of Annex II to Council Directive 96/22;
  • “local authority” means—
    • (a) in relation to England—
      • (i) as respects the City of London (including the Temples) , the Common Council;
      • (ii) as respects the Inner Temple or the Middle Temple, the appropriate Treasurer;
      • (iii) as respects the Isles of Scilly, the Council of the Isles of Scilly;
      • (iv) as respects any part of England other than the City of London, the Inner Temple, the Middle Temple or the Isles of Scilly—
        • (aa) where there is, within the meaning of the Local Government Changes for England Regulations 1994, a unitary authority for the local government area, that authority;
        • (bb) where there is no such unitary authority, the council of each London borough, district or non-metropolitan county as appropriate;
    • (b) in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
  • “marketing authorisation” has the same meaning as it bears in Article 5 of Directive...

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