The Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment etc.) (EU Exit) Regulations 2019

Type Statutory-Instrument
Publication 2019-03-25
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
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Made: 25th March 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by—in relation to Part 1, the powers mentioned in paragraphs (b) and (c);in relation to Part 2, section 2(2) of the European Communities Act 1972 ;in relation to Parts 3 and 4, section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

The Secretary of State makes these Regulations in exercise of the powers conferred by—

in relation to Part 1, the powers mentioned in paragraphs (b) and (c);

in relation to Part 2, section 2(2) of the European Communities Act 1972 ;

in relation to Parts 3 and 4, section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment .

In accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and paragraph 1(3) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — Introductory

Citation and commencement

1

PART 2 — Amendment of subordinate legislation to update references to EU instruments

The Veterinary Medicines Regulations 2013

2

Regulation (EC) No 178/2002” means Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety ;

Regulation (EC) No 1831/2003” means Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition ;

Regulation (EC) No 882/2004” means Regulation (EC) No 882/2004 of the European Parliament and the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules ;

Regulation (EC) No 183/2005” means Regulation (EC) No 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene ;

(a) Regulation (EC) No 178/2002;

(b) Regulation (EC) No 1831/2003;

(c) Regulation (EC) No 882/2004; and

(d) Regulation (EC) No 183/2005.

PART 3 — Amendment of subordinate legislation

The Veterinary Medicines Regulations 2013

3

(1) No person may place a veterinary medicinal product on the market unless the Secretary of State has— (a) as regards a product to which Schedule 1B applies, issued a QNIG certificate in respect of that product; (b) otherwise, granted a marketing authorisation in respect of that product.

(5) An inspector may be accompanied by such other persons as the inspector considers necessary.

(2A) The reference in paragraph 2(2) to Annex 1 to Directive 2001/82/EC is to be read subject to the following modifications— (a) a reference to a member State is to be read as a reference to Great Britain; (b) a reference to the national pharmacopoeia of a member State is to be read as a reference to the British Pharmacopoeia; (c) a reference to an application for a marketing authorisation pursuant to Article 12 or 13 is to be read as a reference to an application for a marketing authorisation pursuant to this Schedule; (d) a reference to the Note for Guidance on minimising the risk of transmitting animal spongiform encephalopathy agents via veterinary medicinal products is to be read as a reference to that document as it had effect immediately before IP completion day; (e) a reference to Council Directive 87/18/EEC is to be read as a reference to Directive 2004/10/EC of the European Parliament and of the Council on the harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substances ; (f) a reference to Annex 5 of Council Directive 67/548/EEC is to be read as a reference to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ; (e) the following provisions are to be ignored— (i) in Title 1— (aa) in Part 1, in Chapter A, the fourth paragraph; (bb) in Part 2, in Chapter A, paragraph 3.3; (ii) in Title 2, in Part 5, in Chapter A, the fifth paragraph.

(p) if the veterinary medicinal product is intended for food-producing species and contains one or more pharmacologically active substances for the species in question for which a maximum residue limit has not yet been established under Regulation (EC) No 470/2009 of the European Parliament and of the Council, a document certifying that a valid application for the establishment of maximum residue limits has been submitted.

(1) Before placing an immunological product on the market the holder of the marketing authorisation must notify the Secretary of State asking for written approval to do so.

(2) Sub-paragraph (1) does not apply where the exporting country has demonstrated equivalent standards to the United Kingdom or where appropriate arrangements have been made with the exporting country to ensure that the manufacturer of the veterinary medicinal product applies standards of good manufacturing practice at least equivalent to those laid down in Commission Directive 91/412/EEC .

The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015

4

Table 1 substance” means a substance classified under Article 14(2)(a), (b) or (c) of Regulation 470/2009;

Table 2 substance” means a substance classified under Article 14(2)(d) of Regulation 470/2009;

unlicensed substance” means a substance— (a) for which a maximum residue limit has been established under Regulation 470/2009, and (b) which has been— (i) administered (or is intended for administration) in the United Kingdom to an animal or a batch of animals, or (ii) administered to an animal outside the United Kingdom, where at the time of administration neither that substance, nor any product containing it, was authorised for use in that animal in that country of administration;

(2) For the purpose of ascertaining whether the maximum residue limit established for a pharmacologically active substance has been exceeded for the purposes of these Regulations— (a) the presence of the drug or drug metabolite (or combination thereof) as specified in the marker residue for that pharmacologically active substance is to be taken to indicate the presence of that substance in that part of an animal or batch of animals, or in any animal product derived from that part of an animal or batch of animals, as specified in the target tissues for that substance; (b) the maximum residue limit (if any) corresponding to that substance is to apply in respect of the presence in such part of an animal or batch of animals, or in any animal product derived from such part of an animal or batch of animals, of any such drug or drug metabolite (or combination thereof) as if it were that substance.

PART 4 — Amendment and revocation of retained direct EU legislation

Regulation (EC) No 726/2004 of the European Parliament and of the Council

5

Regulation (EC) No 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency is revoked insofar as it applies to medicinal products for veterinary use.

Regulation (EC) 470/2009 of the European Parliament and of the Council

6

This Regulation applies to any pharmacologically active substance intended for use in Great Britain in veterinary medicinal products which are to be administered to food producing animals.

(1) Where an application for a new or amended maximum residue limit for a substance intended for use in a veterinary medicinal product is made under Article 8, the Secretary of State must produce an assessment report which includes a scientific risk assessment and risk management recommendations for the purposes of establishing maximum residue limits for the substance in question.

The assessment report must take account of any relevant findings of internationally recognised scientific bodies.

whilst ensuring a high level of protection of human health, the Secretary of State must consider extrapolating maximum residue limits from one species to another or from one foodstuff to another when drafting risk management recommendations

Where the Secretary of State considers that a review of the maximum residue limit for a substance is necessary in order to protect human or public health and issues a notice to that effect to the Veterinary Products Committee, that Committee must review the substance in question and report its findings to the Secretary of State , together with any recommendations.

(2) Paragraph 1 does not apply in the case of clinical trials which are authorised under an Animal Test Certificate.

The reference point for action must be set having taken into account the lowest residue concentration which can be quantified with an analytical method validated in accordance with the Annex to Commission Decision 2002/657/EC. The relevant national reference laboratory must advise the appropriate authority on the performance of analytical methods.

The Secretary of State must consult relevant national reference laboratories on appropriate analytical methods for detecting residues of pharmacologically active substances for which maximum residue limits have been determined in accordance with Article 14.

Commission Regulation (EU) No 37/2010

7

Commission Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin is revoked.

Commission Implementing Regulation (EU) 2017/12

8

(3) In this Regulation, “appropriate authority” is to be read in accordance with Article 2(4) and (5).

(4) In paragraph 1, “appropriate authority” means— (a) in relation to England, Wales and Scotland, the Secretary of State; (b) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs. (5) But the appropriate authority is the Secretary of State if consent is given in relation to Northern Ireland by the Department of Agriculture, Environment and Rural Affairs.

Commission Regulation (EU) 2017/880

9

(7) ‘appropriate authority’ is to be read in accordance with Article 3(2) and (3).

(2) In paragraph 1, “appropriate authority” means— (a) in relation to England, Wales and Scotland, the Secretary of State; (b) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs. (3) But the appropriate authority is the Secretary of State if consent is given in relation to Northern Ireland by the Department of Agriculture, Environment and Rural Affairs.

Commission Regulation (EU) 2018/782

10

Signed

Gardiner of Kimble — Parliamentary Under Secretary of State — 2019-03-25

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), the Schedule, Part 1. It is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16), section 1 from exit day (see section 20 of that Act). The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794. Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales.

[^f00002]: 2018 c.16.

[^f00003]: S.I. 2008/301.

[^f00004]: S.I. 2013/2033, amended by S.I. 2014/599, 2018/761.

[^f00005]: OJ No L 209, 4.8.2012, p.4.

[^f00006]: OJ No L 31, 1.2.2002, p.1, as last amended by Regulation (EU) No 2017/228 (OJ No L 35, 10.2.2017, p.10).

[^f00007]: OJ No L 268, 18.10.2003, p.29, as last amended by Regulation (EU) No 2015/2294 (OJ No L 324, 10.12.2015, p.3).

[^f00008]: OJ No L 165, 30.4.2004, p.1, as last amended by Regulation (EU) No 2018/455 (OJ No L 77, 20.3.2018, p.4).

[^f00009]: OJ No L 35, 8.2.2005, p.1, as last amended by Regulation (EU) No 2015/1905 (OJ No L 278, 23.10.2015, p.5).

[^f00010]: OJ No L 328, 12.12.2017, p.3.

[^f00011]: OJ L No 50, 20.2.2004, p.44, as last amended by Regulation (EC) No 219/2009 (OJ L No 87, 31.3.2009, p.109).

[^f00012]: OJ L No 353, 31.12.2008, p.1, as corrected by Corrigendum to Regulation (EC) No 1272/2008 (OJ L No 349, 21.12.2016, p.1).

[^f00013]: OJ No L 228, 17.8.1991, p.70.

[^f00014]: S.I. 2015/787.

[^f00015]: S.I. 1999/3106, amended by S.I. 2004/994, 2005/2114, 2011/1043, 2018/378.

[^f00016]: 1986 c.14.

Editorial notes

[^c23672961]: 1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), the Schedule, Part 1. It is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16), section 1 from exit day (see section 20 of that Act). The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794. Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales.

[^c23672971]: 2018 c.16.

[^c23672981]: S.I. 2008/301.

[^c23672991]: S.I. 2013/2033, amended by S.I. 2014/599, 2018/761.

[^c23673001]: OJ No L 209, 4.8.2012, p.4.

[^c23673011]: OJ No L 31, 1.2.2002, p.1, as last amended by Regulation (EU) No 2017/228 (OJ No L 35, 10.2.2017, p.10).

[^c23673021]: OJ No L 268, 18.10.2003, p.29, as last amended by Regulation (EU) No 2015/2294 (OJ No L 324, 10.12.2015, p.3).

[^c23673031]: OJ No L 165, 30.4.2004, p.1, as last amended by Regulation (EU) No 2018/455 (OJ No L 77, 20.3.2018, p.4).

[^c23673041]: OJ No L 35, 8.2.2005, p.1, as last amended by Regulation (EU) No 2015/1905 (OJ No L 278, 23.10.2015, p.5).

[^c23673051]: OJ No L 328, 12.12.2017, p.3.

[^c23673061]: OJ L No 50, 20.2.2004, p.44, as last amended by Regulation (EC) No 219/2009 (OJ L No 87, 31.3.2009, p.109).

[^c23673071]: OJ L No 353, 31.12.2008, p.1, as corrected by Corrigendum to Regulation (EC) No 1272/2008 (OJ L No 349, 21.12.2016, p.1).

[^c23673081]: OJ No L 228, 17.8.1991, p.70.

[^c23673091]: S.I. 2015/787.

[^c23673101]: S.I. 1999/3106, amended by S.I. 2004/994, 2005/2114, 2011/1043, 2018/378.

[^c23673111]: 1986 c.14.

[^key-0ea4315838a289ad23aae61ae543430a]: Words in reg. 6(9) substituted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(4)(f)

[^key-1185f1813bd89032662527a487c47e4b]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

[^key-18eafd7b2d82d0cd1db97d274fd3678f]: Words in reg. 6(14)(a) substituted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(4)(g)

[^key-24fe645762d52552144402e4a7556648]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

[^key-2a97d4f844d452675b3c274ffecfa8a3]: Reg. 1 in force at 26.3.2019, see reg. 1(2)(a)

[^key-2e2f53127be511d41f69421880ba23c2]: Words in reg. 6(8) substituted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(4)(e)

[^key-32a8660c7fc098876d7239b71a2ddf35]: Reg. 6(5)(d) omitted (31.12.2020 immediately before IP completion day) by virtue of The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(4)(c)(ii)

[^key-32dcf3902014c7f1eed1b06d75448060]: Words in reg. 6(17) substituted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(4)(h)

[^key-3942c1bf42d4541da588d43f2b94f981]: Reg. 3(36)(b) substituted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(3)(e)(i)

[^key-3af57e4757873b29b489e5282bbd8cfb]: Reg. 3(3) substituted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(3)(a)

[^key-3b85dfc69c065234abcf9e7415885749]: Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

[^key-4088eb46d4aad25ba00fddaa17234a4c]: Words in reg. 1 heading substituted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(2)(a)

[^key-4c6bd07cb71d508758f40b3b281dfd1b]: Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

[^key-5a99cb4d6dcb66b748b5bb9b27a5cdef]: Words in reg. 3(9) substituted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(3)(b)(ii)

[^key-5c9a1db3ab6835737a62779a0c235685]: Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

[^key-6fe066557c68ea4fb3de891d067b586a]: Words in reg. 6(6) substituted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(4)(d)

[^key-71d05e60f3c4d3db6ae88f2fc48693db]: Reg. 2 in force at 26.3.2019, see reg. 1(2)(a)

[^key-7df1e4305d853bc25c5d5de1142e5687]: Reg. 3(13)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(3)(c)

[^key-85ca058a7d24d29b8f44d77e921c7183]: Reg. 1(3) inserted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(2)(b)

[^key-8f00d4a65d038fb24e15d7cdcaffadd0]: Words in reg. 6(4)(b) substituted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(4)(b)

[^key-9e1135fe6f8c6bf67814ec8a218a99c0]: Words in reg. 3(9) substituted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(3)(b)(i)

[^key-b87a828df561c94c8a3f7145904c77d0]: Words in reg. 3(36)(c) inserted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(3)(e)(ii)

[^key-cb9f7a90416d51697001c9d1ac5c9789]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

[^key-d4e19d54d66107516e0cec3abd2a6c44]: Reg. 3(14) omitted (31.12.2020 immediately before IP completion day) by virtue of The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(3)(d)

[^key-dab2dc49ef8799b2c31ec86f48ed64f1]: Words in reg. 6(5)(b) substituted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(4)(c)(i)

[^key-df50e6e83bdd8af941bfc034172aba11]: Reg. 6(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(4)(a)

[^key-e3d9d067a507e3f14278ab3d5aea744b]: Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

[^key-f0255e7c41933ff566a3748619e2e023]: Words in reg. 3(9) substituted (31.12.2020 immediately before IP completion day) by The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1461), regs. 1(2)(a), 3(3)(b)(iii)

[^key-fa9d52bdab60f1f8b81d0aea609ff54c]: Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)

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