S.I. No. 282/1982 - European Communities (Control of Oestrogenic, Androgenic, Gestagenic and Thyrostatic Substances) Regulations, 1982.

S.I. No. 282 of 1982.

EUROPEAN COMMUNITIES (CONTROL OF OESTROGENIC, ANDROGENIC, GESTAGENIC AND THYROSTATIC SUBSTANCES) REGULATIONS, 1982.

I, BRIAN LENIHAN, Minister for Agriculture, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to the provisions, other than Article 3 (effect to which has been given by the European Communities (Control of Stilbene and Thyrostatic Substances) Regulations, 1981 (S.I. No. 366 of 1981)), of Council Directive 81/602/EEC¹ of 31st July, 1981 hereby make the following Regulations:—

¹O.J. No. L222, 7.8.1981, p.33.

1. (1) These Regulations may be cited as the European Communities (Control of Oestrogenic, Androgenic, Gestagenic and Thyrostatic Substances) Regulations, 1982.

(2) The European Communities (Control of Stilbene and Thyrostatic Substances) Regulations, 1981 (S.I. No. 366 of 1981), and these Regulations may be cited together as the European Communities (Control of Oestrogenic, Androgenic, Gestagenic, Stilbene and Thyrostatic Substances) Regulations, 1981 and 1982.

(3) These Regulations shall come into force on the 13th day of September, 1982.

2. (1) In these Regulations—

"authorised person" means—

( a ) a person who is an authorised officer within the meaning of the European Communities (Control of Stilbene and Thyrostatic Substances) Regulations, 1981 (S.I. No. 366 of 1981.),

( b ) a person who for the time being stands appointed under Regulation 7 of these Regulations,

"the Directive" means Council Directive No. 81/602/EEC of 31st July, 1981.¹

¹O.J. No. L222, 7.8.1981, p.33.

(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Directive.

3. (1) A person shall not—

( a ) administer to a farm animal, by any means whatsoever, any substance having an oestrogenic, androgenic, gestagenic or thyrostatic action;

( b ) place on the market or slaughter a farm animal to which any of the above mentioned substances has been administered;

( c ) place on the market any meat of farm animals referred to in paragraph (b) of this Article;

( d ) process meat referred to in Article 2 (c) of the Directive or place on the market any meat products prepared from or with any such meat.

(2) A person who contravenes paragraph (1) of this Regulation shall be guilty of an offence.

4. (1) Notwithstanding Regulation 3 of these Regulations, substances with oestrogenic, androgenic or gestagenic action, other than substances referred to in Article 3 of the Directive may, subject to paragraph (2) of this Regulation, be used for therapeutic use, synchronisation of oestrus, termination of unwanted gestation, improvement of fertility or the preparation of donors and recipients for the implantation of embryos.

(2) ( a ) The administering to a farm animal of any substances referred to in paragraph (1) of this Regulation shall, and shall only be effected by a registered veterinary surgeon.

( b ) The synchronisation of oestrus and the preparation of donors and recipients for the implantation of embryos may be effected by a person who is not a registered veterinary surgeon if, but only if, such synchronisation or preparation is effected under the direct responsibility of such a veterinary surgeon.

5. Subject to Article 5 of the Directive, nothing in these Regulations shall be construed as prohibiting the use for fattening purposes of any substance which is a substance described in Article 5 of the Directive.

6. (1) In any proceedings for an offence under these Regulations, the production of a certificate to which this Regulation applies shall be evidence of the facts stated in the certificate and that the analysis referred to in the certificate was carried out, unless the defendant requires the person who made the analysis to be called as a witness.

(2) This Regulation applies to any certificate purporting to be signed by the State Chemist, or the Assistant State Chemists, and stating that the certificate is a certificate given for the purposes of these Regulations and is of an analysis to establish the presence of (and if present the amount of) any substance having an oestrogenic, androgenic, gestagenic or thyrostatic action and made as regards a specimen, sample or other thing submitted for analysis by an authorised person (within the meaning of these Regulations).

(3) In this Regulation—

"the Assistant State Chemist" means the Assistant State Chemist of the State Laboratory;

"the State Chemist" means the head of the State Laboratory and includes any person authorised by him to make an analysis or give a certificate for the purposes of these Regulations.

7. (1) The Minister for Agriculture may appoint in writing such and so many of his officers or other persons as he thinks fit to be authorised persons for the purposes of these Regulations.

(2) A person appointed under this Regulation shall be furnished with a warrant of his appointment as an authorised person and when exercising any power conferred on an authorised person by these Regulations shall, if requested by any person affected, produce the warrant to that person.

8. (1) An authorised person may at all reasonable times enter any premises or place in which he has reasonable grounds for believing that any substance having an oestrogenic, androgenic, gestagenic or thyrostatic action is present, or that any animal to which such a substance may have been administered or meat or other thing which may contain such a substance is kept, and there—

( a ) make such examinations, tests and inspections, and

( b ) take such specimens from any farm animal, or such reasonable samples (without payment), or any goods or other thing, which he may consider appropriate for the purposes of these Regulations.

(2) A person who obstructs or interferes with an authorised person or refuses to give information to such a person, when exercising a power conferred under this Regulation, shall be guilty of an offence.

9. An offence under these Regulations may be prosecuted by the Minister for Agriculture.

10. A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £500.

GIVEN under my Official Seal, this 31st day of August, 1982.

BRIAN LENIHAN,

Minister for Agriculture.

EXPLANATORY NOTE.

These Regulations prohibit the administering to farm animals of substances having a thyrostatic action, lay down conditions concerning the use of substances having an oestrogenic, androgenic or gestagenic action, as required under Directive 81/602/EEC and prohibit the slaughter or sale of animals to which the banned substances have been administered, as well as the sale and processing of meat and the sale of meat products of or derived from such animals.