IE
S.I. No. 558/2017 - Animal Health and Welfare (Animal Remedies Veterinary Practice and Veterinary Medicine) Regulations 2017
Table of Provisions (7)
Statutory Text (7 Articles)
1. The Programme shall—
(
a
) be in writing,
(
b
) detail—
(i) the owner or person in charge (referred to in this Schedule as “the farmer”) of the animals to which it relates, the relevant herd number and any other relevant identifier,
(ii) the milk purchaser who purchases milk from the farmer and who, along with this person, the veterinary practitioner referred to at (iii) and, where appropriate, the veterinary practitioner referred to at (iv), is responsible for implementing the Programme,
(iii) the veterinary practitioner under whose direction it operates,
(iv) any other person, including any other veterinary practitioner who has responsibility for the care of the animals in accordance with Regulation 4(9), who is assigned formal responsibilities under the Programme relating to its implementation in accordance with subparagraph (
f
),
(
c
) set out that the primary objective of the Programme is the prevention and treatment of clinical and sub-clinical bovine mastitis in a manner designed to minimise use of antibiotic treatments and, where necessary, set targets for a reduction in the number of mastitis cases for that herd,
(
d
) set out the scope of the critical herd disease and husbandry factors essential for effective mastitis control,
(
e
) set out the ongoing measures under the Programme designed to meet the objectives at (
c
) and (
d
) as well as the specific measures to be implemented in cases where particular intervention is required and identifying which of the persons in (
b
)(i) to (iv) is responsible for the implementation of each measure. These measures shall include at least the measures set out in paragraphs (2) to (4),
(
f
) define the respective roles of and the reporting relationship between the persons referred to in (
b
)(iii) and (iv),
(
g
) be signed by each of the persons at (
b
)(i) to (iv), confirming that he or she understands and confirms that he or she will carry out his or her responsibilities, and
(
h
) be updated at least on an annual basis and in any event where a change of any of the personnel referred to in (
b
)(i) to (iv) occurs.
Copies of the Programme shall be retained by any person who has signed it in accordance with (
g
) and shall be made available to an authorised officer (authorised for the purposes of the Animal Remedies Regulations) on request.
2. The milk purchaser referred to in paragraph 1(
b
)(ii) shall—
(
a
) Implement a structured sampling programme, at a level consistent with the aims of the Programme or as may be directed by the Minister, in respect of the milk supplied by the farmer as follows—
(i) Milk samples shall be taken in accordance with a written protocol which ensures the integrity of the samples and traceability to the farm of origin,
(ii) Milk samples shall be tested using recognised analytical methods, or, where appropriate, in accordance with methods stipulated by the Minister,
(iii) Milk samples shall be tested for—
(A) Antibiotic residues in accordance with Regulation 21 of the European Communities (Control of Animal Remedies and their Residues) Regulations 2009 (
S.I. No. 183 of 2009
),
(B) Somatic Cell Counts,
(C) Where appropriate, the presence of mastitis causing pathogens and their sensitivity to a range of antimicrobial agents, including any that may be specified by the Minister, and
(D) Total Bacterial Count,
(
b
) Compile results of testing referred to in (
a
) and make these available to the farmer and the registered veterinary practitioner named in the Programme,
(
c
) Report to the Minister, if requested and in the format required by the Minister, data arising from the testing referred to in (
a
)(iii), and
(
d
) Arrange for the compilation of an annual report on the implementation of the Programme and submit the report to the Minister.
3. The farmer named in the Programme shall—
(
a
) Implement a management regime in respect of the herd and milking operations in the context of the programme designed to reduce the incidence of mastitis and use of antibiotic treatments,
(
b
) Participate in testing conducted by the milk purchaser referred to in paragraph 1(
b
)(ii), or in any additional testing programmes, needed to implement the Programme,
(
c
) Arrange for appropriate monitoring and testing of milking equipment on the farm and for reports arising from such testing to be made available to the milk purchaser and to the registered veterinary practitioner named in the Programme, and
(
d
) Maintain (in addition to the record stipulated in Regulation 42 of the Animal Remedies Regulations) a record in a structured manner and supply the registered veterinary practitioner named in the Programme at the end of each lactation year details of—
(i) Total number of cows in herd during lactation,
(ii) Total number of cows infected with mastitis during lactation,
(iii) Total number of mastitis cases treated during lactation, and
(iv) Total number of intramammary animal remedies used, with a breakdown by type.
4. The registered veterinary practitioner under whose direction the Programme operates may prescribe intramammary animal remedies for animals in the herd referred to at paragraph 1(
b
)(i) provided that he or she complies with the following—
(
a
) He or she takes full consideration of the data and recommendations of the Programme and his or her knowledge of the animals,
(
b
) He or she maintains an up to date knowledge of current developments in relation to mastitis control, in particular, by participation in continuing professional development programmes on this subject,
(
c
) He or she maintains an up to date knowledge of the general herd health situation on the farm and of the milking operations thereon, by reference to relevant data and reports and visits as necessary,
(
d
) He or she provides, as necessary, advice and training, either directly or through the person referred to in paragraph 1(
b
)(iv), to the farmer designed to reduce the incidence of mastitis and use of antibiotic treatments,
(
e
) He or she reviews the results of the effectiveness of the Programme in herds under his or her care with particular reference to antibiotic usage and effectiveness,
(
f
) Where required by reference to the incidence of mastitis on an individual farm, he or she approves a programme of specific remedial measures, or where appropriate, additional testing required to determine the causal agents and their antibiotic sensitivity, and
(
g
) He or she provides advice on the annual report on the implementation of the Programme with particular reference to achievement of the targets referred to in paragraph 1, together with any recommendations to improve the Programme.
5. Notwithstanding paragraph 4, save in exceptional circumstances, where a registered veterinary practitioner who fulfils the conditions at paragraph 1(
b
)(iv) has signed the Programme as provided for at paragraph 1(
g
), the prescription may only be written by that person. Furthermore, he or she shall, without prejudice to any other requirement of the Animal Remedies Regulations 2007 to 2017, carry out the functions listed at paragraph 4(
a
), (
b
), (
c
), (
d
) and (
f
). The other functions listed at paragraph 4 must be carried out either by the veterinary practitioner under whose direction the programme operates or by the veterinary practitioner mentioned at paragraph 1(
b
)(iii).
GIVEN under my Official Seal,
7 December 2017.
MICHAEL CREED,
Minister for Agriculture, Food and the Marine.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These regulations update the regime governing the prescribing and dispensing of animal remedies and replace Regulation 43, Regulation 44 and Schedule 8 of the European Communities (Animal Remedies) (No.2) Regulations 2007.
6. Regulation 4 and 5 are penal provisions to which section 36(4)(
b
) of the
Animal Health and Welfare Act 2013
(No. 15 of 2013) applies.
SCHEDULE
Requirements of the Programme referred to in Regulation 4(10).
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
12
th December
, 2017.
I, MICHAEL CREED, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by
section 3
of the
European Communities Act
(No. 27 of 1972) for the purpose of Regulation 2 and
section 36
of the
Animal Health and Welfare Act 2013
(No. 15 of 2013), hereby make the following regulations
Citation and Construction