Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Act 2023

Chapter 4

Control of possession and administration of veterinary medicinal products or medicated feed

Prohibition on possession of veterinary medicinal products or medicated feed

27. (1) The Minister may by regulations prohibit or restrict the possession or control of specified veterinary medicinal products or ingredients thereof or medicated feed, generally or by such persons specified in the regulations.

(2) A person who has in his or her possession or under his or her control a veterinary medicinal product or an ingredient thereof or medicated feed which is prohibited or restricted under regulations made under subsection (1) commits an offence.

(3) A person who sells or supplies to another person a veterinary medicinal product or an ingredient thereof or medicated feed which the other person is prohibited from possessing or having control of under regulations made under subsection (1) commits an offence. It is a defence for a person accused of contravening this subsection to show he or she was unaware that the other person was so prohibited or restricted and being so unaware was reasonable in the circumstances.

(4) A person who has in his or her possession or under his or her control—

(a) a veterinary medicinal product or an ingredient thereof or medicated feed for the purpose of selling or otherwise supplying or exporting it to another person, or

(b) an animal or the carcase of an animal knowing, or in the circumstances ought to know, it to be an animal or carcase to which a veterinary medicinal product or an ingredient has been administered or medicated feed has been fed for the purpose of—

(i) selling or otherwise supplying or exporting the animal or any produce for human consumption which is derived in whole or in part from the animal or carcase to another person, or

(ii) slaughtering the animal for human consumption,

where such sale or supply or exportation would be in contravention of regulations under section 26 (1)(a), (b) or (c) commits an offence.

(5) A person who commits an offence under this section is liable—

(a) on summary conviction, to a class A fine, or to imprisonment for a term not exceeding 6 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding €300,000, or to imprisonment for a term not exceeding 2 years, or to both.

(6) In this section, “human consumption” includes intended for incorporation in, or manufacture into, a food intended for human consumption.