EU
Legislation (Monitoring of Residues in Animals) (Jersey) Regulations 2019
1 Interpretation
(1) In
these Regulations –
“farmed animal” means –
(a) an aquaculture animal,
within the meaning of the EU Legislation (Aquatic
Animal Health) (Jersey) Regulations 2016; and
(b) any other animal the meat
or a product of which is intended for human consumption, within the meaning of
each of those expressions in the Substances Directive;
“keeper” has the meaning given by the Animal Health (Jersey)
Law 2016;
“Minister” means the
Minister for the Environment;
“Monitoring Directive” means
Council Directive 96/23/EC of 29 April 1996 (OJ L 125,
23.5.1996, p. 10) on measures to monitor certain substances and residues
thereof in live animals and animal products, to the extent that its effect is
preserved by Article 150 of the Official Controls Regulation;
“Official Controls
Regulation” means Regulation (EU) 2017/625 of the European Parliament and of
the Council of 15 March 2017 on official controls and other official
activities performed to ensure the application of food and feed law, rules on
animal health and welfare, plant health and plant protection products (OJ L 95,
7.4.2017, p. 1), and any Implementing Regulation or Delegated Regulation
made under that Regulation, to the extent that those Regulations relate to
unwanted residues;
“relevant EU residues provision” means the
Monitoring Directive, the Substances Directive, the Official Controls
Regulation and the Sampling Decision;
“Sampling Decision” means Commission Decision
97/747/EC of 27 October 1997 fixing the levels and frequencies of
sampling provided for by Council Directive 96/23/EC for the monitoring of
certain substances and residues thereof in certain animal products (OJ L 303,
6.11.1997, p. 12);
“Substances Directive” means Council Directive
96/22/EC of 29 April 1996 (OJ L 125, 23.5.1996, p.3) concerning
the prohibition on the use in stockfarming of certain substances having a
hormonal or thyrostatic action and of beta-agonists, and repealing Directives 81/602/EEC,
88/146/EEC and 88/299/EEC;
“unwanted residue” means a substance or residue,
within the meaning of those terms in the Monitoring Directive, that is listed
in Annex I to that Directive or in Annex II to the Substances
Directive.[1]
(2) In
these Regulations, a reference to an EU provision is to be read as a reference
to that EU provision as it may be amended, substituted, extended or applied
from time to time by any other EU provision, or as it otherwise has effect in
the EU from time to time by virtue of any judgment of the European Court.
2 Effect of EU residues
provisions
(1) The
Sampling Decision has effect in Jersey, to the extent, if any, that it does not
have effect under Article 2 of the European Union (Jersey)
Law 1973.
(2) The
Monitoring Directive and the Substances Directive have effect in Jersey to the
extent, if any, that –
(a) under the law of the
European Union, they have effect in member States of the European Union without
further enactment by those member States; and
(b) they do not have that
effect under Article 2 of the European Union (Jersey)
Law 1973.
(3) The
Minister is the competent authority for the purpose of the relevant EU residues
provisions.
(4) The
Minister may by Order amend this Regulation, and the definition “relevant EU
residues provision” in Regulation 1(1), to remove a reference to an EU
provision or to give effect to any other EU provision that relates to unwanted
residues in farmed animals.
(5) The
obligations imposed by these Regulations are in addition to and not in
derogation from the obligations imposed by and under –
(a) the Food Safety (Jersey) Law
1966;
(b) the Animal Health (Jersey)
Law 2016;
(c) the
EU Legislation (Aquatic Animal Health)
(Jersey) Regulations 2016; and
(d) the EU Legislation (Wild
Aquatic Animals – Food and Feed) (Jersey) Regulations 2019.
3 Annual monitoring plan
(1) The
Minister must draw up for each year a plan that complies with the requirements
of Articles 5 to 7 of the Monitoring Directive.
(2) The
Minister must publish the plan in a manner appearing to the Minister to be
likely to bring it to the attention of the keepers of farmed animals.
4 Surveillance
(1) A
person exercising a power under Article 3 of the Animal Health
(Surveillance) (Jersey) Order 2017 may do so –
(a) for the purpose of
implementing a relevant EU residues provision or the plan published under
Regulation 3; or
(b) otherwise for the purpose
of reducing the risk to human health from the presence, or potential for
presence, of unwanted residues in farmed animals.
(2) Article 5
of the Animal Health
(Surveillance) (Jersey) Order 2017 applies in relation to surveillance
carried out under paragraph (1) as it does to surveillance carried out
under that Order.
5 Keeper to record
administration of veterinary drugs
(1) This
Regulation applies to an animal that –
(a) is a domestic animal of
the bovine, porcine, ovine or caprine species; or
(b) is otherwise a farmed animal.
(2) The
keeper of the animal must –
(a) after a veterinary drug,
within the meaning of the Medicines (Jersey) Law 1995,
is administered to that animal, record –
(i) the name and quantity of the drug,
(ii) the date and method of
administration, and
(iii) the withdrawal period
observed, within the meaning of that expression in the Monitoring Directive;
(b) retain that record for at
least 5 years; and
(c) permit the Minister, or a
person authorised by the Minister, to inspect on demand any or all records so
retained.
(3) A
person who, without reasonable excuse, contravenes paragraph (2) commits
an offence and is liable to a fine of level 3 on the standard scale.
6 Enforcement notices
(1) The
Minister may serve a person with a notice (an “enforcement notice”) if the
Minister considers that the person –
(a) has not complied with, is
not complying with, or is not likely to comply with a requirement (whether taking the form of an obligation or a prohibition
or otherwise) of a relevant EU residues provision;
(b) without reasonable
excuse, has obstructed or is obstructing the implementation of the plan
published under Regulation 3; or
(c) has not complied with, is
not complying with, or is not likely to comply with Regulation 5(2).
(2) An
enforcement notice must state –
(a) the steps that the person
must take;
(b) the date by which the
steps must be taken;
(c) the reason for the
service of the notice and for the requirements in it; and
(d) that there is a right to
apply for reconsideration under paragraph (6).
(3) A
person who, without reasonable excuse, fails to comply with a requirement in an
enforcement notice commits an offence, and is liable to imprisonment for a term
of 12 months and to a fine.
(4) Paragraphs (1)
to (7) and (10) of Article 23 of the Animal Health (Jersey)
Law 2016 apply to a notice under this Regulation as they apply to a notice
under the “relevant legislation” for the purpose of that Law.
(5) If
an inspector, within the meaning of the Animal Health (Jersey)
Law 2016, considers that a requirement of an enforcement notice has
not been complied with, the inspector may –
(a) take such steps as the
inspector considers necessary –
(i) to ensure compliance with the requirements
of the notice, or
(ii) to remedy the
consequences of the failure to take the steps required by the notice; and
(b) recover any expenses
reasonably incurred in so doing from any person who has failed to comply with
the notice.
(6) A
person served with an enforcement notice may, within 21 days after that
service, apply for reconsideration of the decision to serve the notice, by
making written representations about that decision to a person appointed for
the purpose by the Minister.
(7) The
Minister may make written submissions concerning the decision to the person
appointed.
(8) The
person appointed must review the decision and report in writing to the Minister
on the decision, the representations and any submissions.
(9) The
Minister must –
(a) reconsider the decision,
having regard to the report;
(b) make a final
determination; and
(c) serve written notice of
the final determination, giving reasons, on the person who made the
representations.
(10) An
application for reconsideration does not suspend the effect of the enforcement
notice.
7 Prohibitions and offences
(1) A
person must not do an act in relation to a farmed animal, if member States are
required by the Substances Directive to prohibit that act.
(2) The
keeper or importer of a farmed animal commits an offence, and is liable to
imprisonment for a term of 12 months and to a fine, if that keeper or
importer contravenes paragraph (1) in relation to that animal.
(3) Paragraph (4)
applies to a person other than –
(a) the competent authority;
(b) an agent of the competent
authority; or
(c) a person who commits an
offence under paragraph (2).
(4) The
person commits an offence, and is liable to a fine of level 3 on the
standard scale, if the person, without reasonable excuse, contravenes paragraph (1).
(5) A
person must not import or export any goods in circumstances in which member
States are required by a relevant EU residues provision to prohibit the import
or export of those goods.
(6) Nothing
in this Regulation limits the application of any offence under the Customs and Excise
(Jersey) Law 1999, including an offence constituted wholly or partly
by a contravention of paragraph (1) or (5).
(7) In
paragraph (1) “act” does not include an omission.
8 Criminal liability of
directors and others
(1) In
this Regulation –
“relevant offence” means
an offence under these Regulations that is committed by a limited liability
partnership, a separate limited partnership, an incorporated limited
partnership or another body corporate;
“relevant person” means –
(a) if the relevant offence
is committed by a limited liability partnership, a partner of the partnership;
(b) if the relevant offence
is committed by a separate limited partnership or an incorporated limited
partnership –
(i) a general partner, or
(ii) a limited partner who is
participating in the management of the partnership;
(c) if the relevant offence
is committed by a body corporate other than an incorporated limited partnership –
(i) a director, manager, secretary or other
similar officer of the body corporate, and
(ii) if the affairs of the
body corporate are managed by its members, a member who is acting in connection
with the member’s functions of management; and
(d) a person purporting to
act in any capacity described in sub-paragraphs (a) to (c) in relation to
the partnership or body that commits the relevant offence.
(2) If
a relevant offence is proved to have been committed with the consent or
connivance of a relevant person, that relevant person is also guilty of the
offence and liable in the same manner as the partnership or body corporate to
the penalty provided for that offence.
(3) If
a relevant offence –
(a) is an offence that may be
committed by neglect; and
(b) is proved to be
attributable to any neglect on the part of a relevant person,
that relevant person is
also guilty of the offence and liable in the same manner as the partnership or
body corporate to the penalty provided for that offence.
9 Orders to deal with
deficiencies, arising from withdrawal of UK from EU, in residue standards
(1) The
Minister may, by Order, make any provision, whether by amendment (including an
amendment to these Regulations) or otherwise, that –
(a) may be made by
Regulations under Article 2, 5A or 5B of the European Union
Legislation (Implementation) (Jersey) Law 2014; and
(b) either –
(i) relates to the subject matter of, or the
implementation of, a relevant EU residue provision, or
(ii) otherwise relates to unwanted residues in farmed animals.
(2) No
Order may be made under paragraph (1) after 2020.
10 Citation and commencement
These Regulations may be
cited as the EU Legislation (Monitoring of Residues in Animals) (Jersey)
Regulations 2019 and come into force 14 days after they are made.