S.I. No. 427/1992:

EUROPEAN COMMUNITIES (CONTROL OF OESTROGENIC, ANDROGENIC, GESTAGENIC AND THYROSTATIC SUBSTANCES) (AMENDMENT) REGULATIONS, 1992.

EUROPEAN COMMUNITIES (CONTROL OF OESTROGENIC, ANDROGENIC, GESTAGENIC AND THYROSTATIC SUBSTANCES) (AMENDMENT) REGULATIONS, 1992.

I, JOE WALSH, Minister for Agriculture and Food, 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 further effect to Council Directive No. 81/602/EEC¹ of 31 July, 1981, Council Directive No. 81/851/EEC² of 28 September 1981, Council Directive No. 85/358/EEC³ of 16 July, 1985, Council Directive No. 86/469/EEC⁴ of 16 September, 1986, Council Directive 88/146/EEC⁵ of the 7 March, 1988, and Council Directive 88/299/EEC⁶ of the 17 May, 1988, hereby make the following Regulations:

¹ O.J. No. L222, 07.08.1981, p. 32.

² O.J. No. L317, 06.11.1981, P. 01.

³ O.J. No. L191, 23.07.1985, p. 46.

⁴ O.J. No. L275, 26.09.1986, p. 36.

⁵ O.J. No. L70, 16.03.1988, p. 16.

⁶ O.J. No. L128, 21.05.1988, p. 36.

1. (1) These Regulations may be cited as the European Communities (Control of Oestrogenic, Androgenic, Gestagenic and Thyrostatic Substances) (Amendment) Regulations, 1992.

(2) The European Communities (Control of Veterinary Medicinal Products and Their Residues) Regulations, 1988 to 1991 and these Regulations shall be construed as one and may be cited together as the European Communities (Control of Veterinary Medicinal Products and Their Residues) Regulations, 1988 to 1992.

2. Regulation 15 of the European Communities (Control of Oestrogenic, Androgenic, Gestagenic and Thyrostatic Substances) Regulations, 1988 ( S.I. No. 218 of 1988 ), is hereby amended by the insertion of the following paragraph after paragraph ( v ):

"( va ) seize and detain a farm animal--

(I) if he has reasonable grounds for believing that a prohibited substance has been administered to the animal or that an authorised substance has been administered to it in contravention of the Council Directives or the veterinary medicines legislation (within the meaning of the European Communities (Control of Veterinary Medicinal Products and Their Residues) Regulations, 1990 ( S.I. No. 171 of 1990 )), and

(II) in relation to which one or more of the following provisions applies:

(A) he is aware that the Minister has made or will make an application in relation to the animal under Regulation 22 (1) (b),

(B) he has reasonable grounds for believing that the animal may be moved in contravention of a notice under Regulation 19 (1),

(C) he has reasonable grounds for believing that the animal may be used for human consumption in contravention of a notice under Regulation 21(1);"

GIVEN under my Official Seal, this 23rd day of December 1992.

JOE WALSH,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

These Regulations extend the powers of authorised officers, members of the Garda Síochána, and officers of Customs and Excise to seize and detain farm animals to which prohibited substances have been administered, or in respect of which authorised substances have been used abusively, in circumstances in which they believe the animals (a) are or will be the subject of an application for a destruction order, or (b) may be moved in contravention of a notice restricting their movement, or (c) may be used in contravention of a notice prohibiting their use as food for human consumption.