Title and commencement

1. These Regulations may be cited as the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2009 and come into force on 10th August 2009.

Amendments

2.–(1) The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997(6) are amended in accordance with this regulation.

(2) In regulation 2(1), for the definition of "the Council Regulation" substitute–

""the Council Regulation" means Council Regulation (EEC) No. 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin;".

(3) In regulation 2(3A), for "2006" substitute "2009".

(4) In regulation 3–

(a) omit paragraphs (1) and (2);

(b) in paragraphs (3) and (5), before "a list B substance" insert "a list A substance or "; and

(c) in paragraph (4), for "regulations 27 or 28A" substitute "regulation 27".

(5) For regulation 4, substitute–

"Prohibition on possession of beta-agonists

4. No person, other than a veterinary surgeon, may possess on a farm any veterinary medicinal product containing a beta-agonist which is authorised to be used for induction purposes in the treatment of tocolysis.".

(6) In regulation 5–

(a) at the end of paragraph (2)(b), add "or";

(b) in paragraph (2)(c), for "; or" substitute a full stop; and

(c) omit paragraph (2)(d).

(7) In regulation 9(1)(d), omit ", oestradiol 17b,".

(8) In regulation 26(1), after "administration" insert "of any product which is, or which contains, testosterone or progesterone".

(9) In regulation 27–

(a) in paragraph 1, after "administration" insert "of any product which is, or which contains, allyl trenbolene or beta-agonists";

(b) at the end of paragraph (3)(a), add "or"; and

(c) omit paragraph (3)(b).

(10) Omit regulation 28A.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend provisions of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 (S.I. 1997/1729) that give effect to Council Directive 96/22/EC 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 (OJ No. L 125, 23.5.1996, p.3). The Regulations give effect to the amendments made to that Directive by Directive 2008/97/EC of the European Parliament and of the Council (OJ No. L 318, 28.11.2008, p.9).

Regulation 2 amends the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 as follows–

Paragraphs (2) and (3) update references to Community legislation by means of amendments to regulations 2(1) and 2(3A).

Paragraphs (4)-(7), (9)(b)-(c) and (10) transpose Directive 2008/97/EC by amending regulations 3-5, 9 and 27(3) and by omitting regulation 28A.

Paragraphs (8) and (9)(a) correct drafting errors in regulations 26 and 27(1).

An Impact Assessment has been prepared and a copy has been placed in the library of each House of Parliament together with a Transposition Note setting out how the main elements of Directive 2008/97/EC are transposed in these Regulations. Copies may be obtained from the Veterinary Medicines Directorate, Woodham Lane, Addlestone, Surrey, KT15 3LS.