S.I. No. 283/1998 - European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1998

1. Apricot

All feed materials

Prunus armeniaca L.

2. Bitter almond

All feed materials

Prunus dulcis(Mill.) D.A. Webb var. amara(DC.) Focke

(= Prunus amygdalusBatsch var. amara (D.C.) Focke)

3. Unhusked beech mast

All feed materials

Fagus sivaltica L.

4. Camelina

All feed materials

Camelina sativa(L.) Crantz

5. Mowrah, bassia, madhuca

All feed materials

Madhuca ligifolia (L.) Macbr.

(= Bassia longifoliaL. = Illipe malabrorumEngl.)

Madhuca indicaGmelin

(= Bassia latifoliaRoscb. = Illipe latifolia(Roscb.) F. Mueller)

6. Purghera

All feed materials

Jatropha curcasL.

7. Croton

All feed materials

Croton tigliumL.

8. Indian mustard

All feed materials

Brassica juncea (L.) Czern, and Coss. ssp. integrifolia (West.) Thell

9. Sareptian mustard

All feed materials

Brassica juncea (L.) Czern, and Coss. ssp. juncea

10. Chinese mustard

All feed materials

Brassica juncea(L.) Czern, and Coss. ssp. junceavar,luteaBatalin

11. Black mustard

All feed materials

Brassica nigra(L.) Koch

12. Ethiopian mustard

All feed materials

Brassica carinataA. Braun

THIRD SCHEDULE

Fees referred to in Regulation 11(2)(b)

The fee payable in respect of analysis for undesirable substances and products in feedingstuffs shall be calculated at the rate of£15 per hour

Given under my Official seal, this 7th day of August, 1998

Joe Walsh

Minister for Agriculture and Food

EXPLANATORY NOTE

These Regulations, which control the content of undesirable substances and products in feedingstuffs and feed materials, consolidate existing legislation and implement additional amendments to Council Directive 74/63/EEC. The Regulations revoke the European Communities (Feeding Stuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1989 to 1996

13. (1) Subject to paragraph (6) of this Regulation, an authorised officer may at all reasonable times enter,

(a) any premises in which he has reasonable grounds for believing that,

(i) feedingstuffs and feed materials are being manufactured, put into circulation or stored for putting into circulation, or

(ii) feedingstuffs and feed materials which have been landed or otherwise brought into the State are kept,

(b) any railway wagon, vehicle, ship, vessel or aircraft in which he has reasonable grounds for believing that feedingstuffs and feed materials are being either transported for putting into circulation or kept for the purposes of such transport or for use in feeding animals.

and there or at any other place,

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

(d) take such samples of any feedingstuff, feed material or any other substance which he reasonably believes may be used to feed animals and which he finds in the course of his inspection, as he may consider appropriate for the purpose of these Regulations and the Directive.

(2) Every person who has on any premises any feedingstuffs or feed materials shall at all reasonable times -

(a) afford to an authorised officer such facilities and assistance as are reasonably necessary for an inspection and taking of samples pursuant to these Regulations or for such an inspection or for such a taking,

(b) give an authorised officer any document relating to the feedingstuffs or feed materials which the authorised officer may reasonably require and permit the authorised officer to inspect and take extracts from such document.

(3) In addition to the foregoing, any person who carries on the business of manufacturing, packaging, processing or putting into circulation of feedingstuffs or feed materials shall,

(a) keep records of his transactions regarding feedingstuffs or feed materials,

(b) produce, at the request of an authorised officer, any such records or any books or other documents relating to the said business which are in the possession or under the control of the person carrying on such business,

(c) permit any authorised officer to inspect and take extracts from such records, books or other documents and give to the authorised officer any information which he may reasonably require in relation to any entries therein,

(d) afford to any authorised officer such facilities and assistance as are reasonably necessary for inspecting the stock of any feedingstuffs or feed materials on any premises on which such person carries on such a business,

(e) give to an authorised officer any information he may reasonably require in relation to such transactions including, in particular, information which he may reasonably require regarding any feedingstuff or feed material specified by him, whether imported from other Member States or from third countries.

(4) An importer shall notify the Minister if he intends to import any of the materials specified in Part I of the Second Schedule to these Regulations and shall provide the Minister with information concerning the date of arrival and place of entry into the State of such materials.

(5) In any proceedings for an offence under these Regulations, evidence of the result of any test, examination or analysis of, or of any report on, a sample taken under these Regulations may be given if, and only if, it is proved that -

(a) the sample was taken and dealt with in accordance with the methods described in the Annex to Commission Directive 76/371/EEC

(1)

,

1

O.J. No. L 102, 15. 4. 1976, p. 1

(b) before the proceedings were instituted one of the final samples prepared pursuant to the requirements of the said Annex was given or caused to be given to the defendant and to the State Chemist or sent or given to them by registered post or by such other method as stands approved of for the purposes of paragraphs (3)(b) of Regulation 11 of these Regulations by the Minister, and

(c) the test, examination or analysis was carried out in accordance with such official method of analysis as applied in the particular case.

(6) Nothing in this Regulation shall be construed as enabling an authorised officer to enter a dwelling.

14. Where an authorised officer is satisfied that a feedingstuff or feed material which is put into circulation, or which he believes will be put into circulation, does not comply with any one or more of the requirements of these Regulations, he may require either or both of the following persons, namely, the person who appears to him to have for the time being possession or control of the feedingstuff or feed material and the person whose name or trade name appears on the label of the feedingstuff or feed material to take such steps as are necessary to ensure that it does not continue to be put into circulation, or, as may be appropriate, is not put into circulation until such authorised officer is satisfied that the requirement is complied with.

15. Where a sample of a feedingstuff or a feed material is taken pursuant to these Regulations by an authorised officer, a person shall not move the feed material or feedingstuff, as the case may be, during the period of fourteen working days immediately following the day on which the sample is taken, without the consent of an authorised officer and, where a consent under this Regulation is given, a person shall not move the feed material or feedingstuff concerned other than in accordance with the terms and conditions of the consent.

16. (1) Where a sample of a feed material or feedingstuff is taken pursuant to these Regulations by an authorised officer and is found on official examination not to comply with a requirement of these Regulations, then the Minister may require that the feed material or feedingstuff shall be destroyed or otherwise disposed of in such manner as the Minister shall determine.

(2) In case the Minister makes a requirement under this Regulation the following provision shall apply

(a) he shall inform in writing of the requirement the person who is in possession or control of the feed material or feedingstuff to which the requirement relates,

(b) where such person is so informed, pending the disposal of such feed material or feedingstuff in accordance with the said requirement, the feed material or feedingstuff shall be moved only with the consent of an authorised officer, and

(c) the person in such possession or control shall dispose of the feed material or feedingstuff, or cause or permit it to be disposed of, only in accordance with the requirement.

17. (1) Any person who -

(a) contravenes Regulations 3, 4, 5, 6, 7, 8, 9, 10(1), 13(2), 13)(3), 13(4), or 15 of these Regulations, or

(b) obstructs or interferes with an authorised officer in the course of exercising a power conferred on him by Regulation 13 of these Regulations, or

(c) fraudulently tampers with any feed material or feedingstuff so as to procure that any sample of it taken pursuant to these Regulations does not correctly represent the feed material or feedingstuff, or

(d) tampers or interferes with any sample taken pursuant to these Regulations, or

(e) fails to comply with a requirement of an authorised officer pursuant to Regulation 14 or Regulation 15 of these Regulations or of the Minister pursuant to Regulation 10(3) or Regulation 16 of these Regulations shall be guilty of an offence.

(2) Any person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding£1,000, or, at the discretion of the Court, to imprisonment for a term not exceeding 12 months.

(3) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other officer of that body corporate or any person purporting to act in such capacity, that person shall be guilty of an offence and shall be liable to be proceeded against as if he had been guilty of the offence.

18. An offence under these Regulations may be prosecuted by the Minister.

19. In any proceeding for an offence under these Regulations in which it is proved that the feedingstuff to which the proceedings relate did not comply with the requirements of Regulation 4 of these Regulations. in respect of a feedingstuff, it shall be a defence for the defendant to prove that he did not know that the feedingstuff failed so to comply and that, having regard to the manner in which he acquired the feeding stuff, it would have been reasonable for him, in the circumstances of the case, to assume that the feedingstuff was one which complied with the said Regulation 4.

20. The European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1989 (

S.I. No. 216 of 1989

), the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) (Amendment) Regulations, 1991 (

S.I. No. 241 of 1991

), the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) (Amendment) Regulations, 1993 (

S.I. No. 86 of 1993

), the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) (Amendment) Regulations, 1994 (

S.I. No. 34 of 1994

), the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) (Amendment) Regulations, 1995 (S.I. No. 73) of 1995), and the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) (Amendment) Regulations, 1996 (

S.I. No. 275 of 1996

) are hereby revoked.

SECOND SCHEDULE

"FIRST SCHEDULE

Substances, products

Feeding stuffs

Maximum content in mg/kg (ppm) of feeding stuffs referred to a moisture content of 12%

A. Substances (ions or elements)

S.I. No. 283 of 1998.

EUROPEAN COMMUNITIES (FEEDINGSTUFFS) (TOLERANCES OF UNDESIRABLE SUBSTANCES AND PRODUCTS) REGULATIONS, 1998

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), and for the purpose of giving effect to Council Directive No. 74/63/EEC of 17 December, 1973

1

, as amended by

1

O.J. No. L 38, 11. 2. 1974, p. 31

Commission Directive No. 76/14/EEC of 15 December 1975

2

,

2

O.J. No. L 4, 9. 1. 1976, p.24

Commission Directive No. 76/934/EEC of 1 December 1976

3

,

3

O.J. No. L 364, 31. 12. 1976, p. 20

Council Directive No. 80/502/EEC of 6 May 1980

4

,

4

O.J. No. L 124, 20. 5. 1980, p 17

Commission Directive No. 83/381/EEC of 28 July 1983

5

,

5

O.J. No. L 222, 13. 8. 1983, p. 31

Commission Directive No. 86/299/EEC of 3 June 1986

6

,

6

O.J. No. L 189, 11. 7. 1986, p.40

Council Directive No. 86/354/EEC of 21 July 1986

7

,

7

O.J. No. L 212, 2. 8. 1986, p. 27

Commission Directive No. 87/238/EEC of 1 April 1987

8

,

8

O.J. No L 110, 25. 4. 1987, p. 25

Commission Directive No. 91/126/EEC of 13 February, 1991

9

9

O.J. No. L 60, 7. 3. 1991, p. 16

Commission Directive No. 92/63/EEC of 10 July, 1992

10

10

O.J. No. L 221, 6. 8, 1992, p. 49

Council Directive No. 92/88/EEC of 26 October, 1992

11

11

O.J. No. L 321, 6. 11. 1992, p. 24

Commission Directive No. 94/16/EEC of 22 April, 1994

12

12

O.J. No. L 104, 23. 4. 1994, p. 32

Council Directive No. 95/69/EC of 22 December, 1995

13

13

O.J. No. L 332, 30. 12. 1995, p. 15

Commission Directive No. 96/6/EEC of 16 February, 1996

14

,

14

O.J. No. 49, 28. 2. 1996, p. 29

Council Directive No. 96/25/EC of 29 April, 1996

15

,

15

O.J. No. L 125, 23. 5. 1996, p. 35

Commission Directive No. 97/8/EC of 7 February, 1997

16

and

16

O.J. No. L 48, 19. 2. 1997, p. 22

Commission Directive No 98/60/EC of 24 July, 1998

17

17

O.J. No. L 209, 25.7.1998, p. 50

hereby make tile following, Regulations