Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Act 2023
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Appeal against compliance notice | ||
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42. (1) A person on whom a compliance notice is served may, not later than 10 days from the date of the service of the notice, appeal the notice to the judge of the District Court having jurisdiction in the District Court district— | ||
(a) where the veterinary medicinal product or animal feed to which the notices relates is situated, or | ||
(b) where the person bringing the appeal ordinarily resides or carries on business. | ||
(2) Notice of an appeal shall contain a statement of the grounds upon which it is alleged that the compliance notice is unreasonable having regard to this Act and shall be served on the Minister at the address included on the notice in accordance with section 41 (6) not later than 2 days prior to the appeal. | ||
(3) A copy of a notice of an appeal shall be lodged with the District Court clerk not later than 2 days prior to the hearing of the appeal. | ||
(4) A compliance notice in respect of which an appeal is brought under this section has effect pending the making of an order under subsection (5). | ||
(5) On the hearing of an appeal the judge may confirm, modify or annul the compliance notice concerned. | ||
(6) A person, including a person on whom a compliance notice has been served, shall not— | ||
(a) pending the determination of the appeal, deal with any veterinary medicinal product or animal feed to which the notice relates, other than in accordance with the terms of the compliance notice, or | ||
(b) if the notice is confirmed or modified on appeal, deal with any veterinary medicinal product or animal feed to which the notices relates other than in accordance with the terms of the compliance notice as confirmed or modified. | ||
(7) A person who fails to comply with subsection (6) commits an offence and is liable— | ||
(a) on summary conviction, to a class A fine, or | ||
(b) on conviction on indictment, to a fine not exceeding €50,000. | ||
(8) In this section, “appeal” means an appeal under subsection (1). |