Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Act 2023

In short

This law regulates veterinary medicinal products, medicated feed, and fertilisers. It establishes a national database for veterinary prescriptions and repeals previous animal remedies legislation.

What it regulates

The regulation of veterinary medicinal products and medicated feed.
The establishment of a national database to record veterinary prescriptions.
Rules concerning the retail, possession, administration, storage, and advertising of veterinary medicinal products and medicated feed.
Amendments to the Fertilisers Feeding Stuffs and Mineral Mixtures Act 1955.

Who it concerns

Veterinarians and pharmacists.
Retailers and holders of licences for veterinary medicinal products.
Anyone involved in the possession, administration, or advertising of veterinary medicinal products or medicated feed.

Key points

Only a veterinarian can issue a veterinary prescription.
A national database will be established to record veterinary prescriptions.
There are specific rules for the retail of veterinary medicinal products, including licensing requirements for retailers.
The law prohibits the retail of veterinary medicinal products after their expiry date.

Legal text

Obsah (10)

Article 119 Article 122 Article 14 Article 79 Article 100 Article 104 Article 105 Article 107 Article 108 Article 7

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the licence or under regulations made by the Minister under this subsection, if the person is permitted under the licence to retail the product.

(6)A person shall not retail over the internet a veterinary medicinal product unless the person holds a licence under subsection

(8)to retail the product.

(7)A person who fails to comply with subsection

(6)commits an offence and is liable— (

a)on summary conviction, to a class A fine, or (
b)on conviction on indictment, to a fine not exceeding €100,000.

(8)The Minister may grant a licence to: (

a)the holder of a retailer’s licence; (
b)a pharmacist; (
c)a veterinarian supplying his or her own clients; or (
d)a person registered in the Register, in accordance with any regulations made under subsection

(5)and specifying the categories of veterinary medicinal products that may be retailed over the internet under the licence.

(9)A person who holds a licence under subsection

(8)and retails over the internet other than in accordance with the licence commits an offence and is liable— (

a)on summary conviction, to a class A fine, or (
b)on conviction on indictment, to a fine not exceeding €50,000.

(10)The holder of a licence granted under Regulation 36

(3)(a) of the Regulations of 2007 which was in force on 27 January 2022 is deemed to have continued in force after that day and, if in force on the passing of this Act, to be the holder of a licence under this section and has effect accordingly. Licencing of import of medicinal products in relation to their use under Articles 110 to 114 or 116 of VMP Regulation 25.

(1)The Minister may, on application, authorise in accordance with Article 106

(3)of the VMP Regulation by licence, to be known as a special import licence, or notification to be known as a special import notification, the import, possession, retail or use of a veterinary medicinal product for the purposes of Article 110 or 116, or a medicinal product for the purposes of Article 111, 112, 113 or 114, of the VMP Regulation by— (a) a veterinarian, (b) the holder of a wholesale distribution authorisation, or (c) the holder of a marketing authorisation.

(2)A person who imports, possesses, retails or uses a medicinal product— (

a)for the purposes of Article 110 or 116 of the VMP Regulation, or (
b)for the purposes of Article 112, 113 or 114 of the VMP Regulation, that has not been granted a marketing authorisation by the competent authority or the European Commission, without holding a special import licence or notification commits an offence and is liable— (
i)on summary conviction, to a class A fine, or (
ii)on conviction on indictment, to a fine not exceeding €300,000.

(3)The Minister may make regulations as permitted by Article 106

(3)of the VMP Regulation on procedures required for the implementation of Articles 110 to 114 and 116. Regulations - rules on retail 26.

(1)The Minister may make regulations in relation to the retail, importation or exportation of veterinary medicinal products, ingredients for such or medicated feed, generally or by such class of persons as specified in the regulations, including— (

a)prohibiting or restricting the retail, importation or exportation of a veterinary medicinal product or an ingredient thereof or medicated feed or a category of such, (
b)prohibiting or restricting the retail, importation or exportation of an animal or carcase of an animal to which a specified a veterinary medicinal product or an ingredient thereof has been administered or a specified medicated feed has been fed, or (
c)imposing prohibitions, restrictions or conditions on their retail, importation or exportation or possession justified on grounds of protection of public and animal health or of the environment.

(2)A person who contravenes or fails to comply with a provision of any regulations made under subsection

(1)which is stated in the regulations to be a penal provision— (

a)to which this paragraph applies, commits an offence and is liable on summary conviction to a class A fine, or (
b)to which this paragraph applies, commits an offence and is liable— (
i)on summary conviction, to a class A fine, or (
ii)on conviction on indictment, to a fine not exceeding €100,000. Chapter 4 Control of possession and administration of veterinary medicinal products or medicated feed Prohibition on possession of veterinary medicinal products or medicated feed 27.

(1)The Minister may by regulations prohibit or restrict the possession or control of specified veterinary medicinal products or ingredients thereof or medicated feed, generally or by such persons specified in the regulations.

(2)A person who has in his or her possession or under his or her control a veterinary medicinal product or an ingredient thereof or medicated feed which is prohibited or restricted under regulations made under subsection

(1)commits an offence.

(3)A person who sells or supplies to another person a veterinary medicinal product or an ingredient thereof or medicated feed which the other person is prohibited from possessing or having control of under regulations made under subsection

(1)commits an offence. It is a defence for a person accused of contravening this subsection to show he or she was unaware that the other person was so prohibited or restricted and being so unaware was reasonable in the circumstances.

(4)A person who has in his or her possession or under his or her control— (

a)a veterinary medicinal product or an ingredient thereof or medicated feed for the purpose of selling or otherwise supplying or exporting it to another person, or (
b)an animal or the carcase of an animal knowing, or in the circumstances ought to know, it to be an animal or carcase to which a veterinary medicinal product or an ingredient has been administered or medicated feed has been fed for the purpose of— (
i)selling or otherwise supplying or exporting the animal or any produce for human consumption which is derived in whole or in part from the animal or carcase to another person, or (
ii)slaughtering the animal for human consumption, where such sale or supply or exportation would be in contravention of regulations under section 26

(1)(a), (

b)or (
c)commits an offence.

(5)A person who commits an offence under this section is liable— (

a)on summary conviction, to a class A fine, or to imprisonment for a term not exceeding 6 months, or to both, or (
b)on conviction on indictment, to a fine not exceeding €300,000, or to imprisonment for a term not exceeding 2 years, or to both.

(6)In this section, “human consumption” includes intended for incorporation in, or manufacture into, a food intended for human consumption. Administration of veterinary medicinal products or medicated feed 28.

(1)The Minister may by regulations prohibit or restrict a person, other than a veterinarian, to administer to an animal a specified veterinary medicinal product or an ingredient thereof.

(2)A person who contravenes regulations made under subsection

(1), or directs another to so contravene, commits an offence and is liable— (

a)on summary conviction, to a class A fine, or to imprisonment for a term not exceeding 6 months, or to both, or (
b)on conviction on indictment, to a fine not exceeding €300,000, or to imprisonment for a term not exceeding 2 years, or to both.

(3)The Minister may make regulations governing the administration or use of veterinary medicinal products or medicated feed generally or by a specified class of persons.

(4)A person who contravenes regulations made under subsection

(3)commits an offence and is liable on summary conviction to a class A fine. Chapter 5 Storage, advertising and licensing certain veterinary medicinal products, etc. Regulations - secure storage, etc. of veterinary medicinal products 29.

(1)The Minister may make regulations— (

a)specifying precautions to be taken for the purpose of ensuring the secure storage of veterinary medicinal products, (
b)in relation to the storage or handling of veterinary medicinal products, or (
c)requiring that stored veterinary medicinal products which, because of their condition, the period within which they may be used has expired or for any other reason, are not intended to be used shall be destroyed or disposed of in a specified manner.

(2)A person who fails to comply with a provision of any regulations made under this section commits an offence and is liable on summary conviction to a class A fine.

(3)The Minister may approve or establish training courses in respect of the proper and safe handling and secure storage of veterinary medicinal products. Advertising of veterinary medicinal products or medicated feed 30.

(1)The Minister may make regulations for the advertising or promoting of veterinary medicinal products or medicated feed, including imposing prohibitions, restrictions or conditions on providing such.

(2)Regulations under this section may in particular provide for— (a)

Article 119

(1), deciding to allow the advertisement of veterinary medicinal products not authorised or registered in the State in accordance with specified conditions, (b) permitting the advertising of veterinary medicinal products that are subject to veterinary prescription referred to in Article 120

(2)to professional keepers of animals, by way of derogation under paragraph

(2)from paragraph

(1)of Article 120, or (c)

Article 122, establishing procedures the Minister considers necessary for the implementation of Articles 119, 120 and 121, of the VMP Regulation.

(3)A person who fails to comply with a provision of any regulations made under this section which is stated in the regulations to be a penal provision to which this subsection applies commits an offence and is liable on summary conviction to a class A fine. Licence required for certain activities 31.

(1)The Minister, upon application to him or her, may permit by licence— (

a)the manufacture, import or export of autogenous vaccines, (
b)the collection storage and supply of blood, or the storage and supply of blood constituents obtained by the physical separation of donor blood into different fractions within a closed-bag system, from an animal to be used in, or administered to non-food-producing animals, with a view to restoring, correcting or modifying physiological functions by exerting a metabolic action or immunological action under the supervision or direction of the veterinarian named in the licence, (
c)the import of a medicinal product to be supplied to an educational facility or other institution concerned with education or training for the purposes of such education or training, or (
d)the import of medicated feed or intermediate products.

(2)A person who carries out an activity referred to in subsection

(1)without holding a licence granted under this section to carry out the activity commits an offence and is liable— (

a)on summary conviction, to a class A fine, or (
b)on conviction on indictment, to a fine not exceeding €300,000. Chapter 6 Matters under national law mentioned in VMP Regulation or Medicated Feed Regulation Regulations - additional to VMP Regulation and Medicated Feed Regulation 32.

(1)The Minister may make regulations in relation to matters mentioned in the VMP Regulation that are to be determined by national law or to be put in place by national procedures or that the State is permitted to do, including— (a) requiring the availability of a packaging leaflet in such a format

Article 14

(3), (b) imposing specific requirements on veterinarians or other health professionals in respect of the reporting of suspected adverse events

Article 79

(2), (c) imposing conditions on the role of responsible person

Article 100

(2)(a), (d) the supply by a wholesale distributor of veterinary medicinal products for the purposes of Article 101

(2), (e)

Article 104

(2)allowing for the retail at a distance within the State of veterinary medicinal products subject to a prescription, (f)

Article 105

(11), making rules on record-keeping for veterinarians when issuing veterinary prescriptions, (g)

Article 105

(12), requiring a veterinarian to issue a veterinary prescription for administered medicines and recording of such, (h)

Article 107

(7), making further restrictions or prohibitions on the use of antimicrobials in animals, (i)

Article 108

(4), making additional requirements for record-keeping by owners and keepers of food-producing animals, (j)

and in accordance with Article 110

(1), prohibiting the manufacture, import, distribution, possession, sale, supply or use of immunological veterinary medicinal products, or (k) for the purpose of Article 117, providing that appropriate systems are in place for the collection and disposal of waste veterinary medicinal products, of the VMP Regulation.

(2)The Minister may make regulations— (a) establishing maximum levels of cross contamination for active substances in non‑target feed

Article 7

(5), (

b)laying down procedures for the approval of establishments under Article 13, including a licencing system, (
c)for the purpose of Article 13

(5), to ensure that relevant information regarding the activities of retailers of medicated feed for pets is available to the Minister including requiring a registration or licencing system, or (d) for the purpose of Article 18, providing that appropriate collection and discard systems are in place for medicated feed and intermediate products that are expired or in case an animal keeper has received a larger quantity of medicated feed than is actually used for the treatment referred to in the veterinary prescription for medicated feed, of the Medicated Feed Regulation.

(3)A person who contravenes or fails to comply with a provision of a regulation made under— (a) this section (other than under subsection

(1)(h), (

j)or (
k)or subsection

(2)(d)) commits an offence and is liable on summary conviction to a class A fine, or (b) subsection

(1)(h), (

j)or (
k)or subsection

(2)(

d)commits an offence and is liable— (
i)on summary conviction, to a class A fine, or (
ii)on conviction on indictment, to a fine not exceeding €100,000. Chapter 7 Administrative - Regulations and licences Regulations - Part 2 33.

(1)Every regulation made under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(2)Regulations under this Part may contain such matters which are incidental, supplementary and consequential as the Minister considers necessary.

(3)Regulations under this Part are in addition to and not in substitution for the VMP Regulation or the Medicated Feed Regulation. Licences generally - Part 2 34.

(1)A licence shall contain such terms and conditions as the Minister decides. The licence may be suspended or revoked if any of the terms or conditions attached to it are not complied with by the holder of the licence.

(2)An application for a licence or alterations to a licence shall be— (

a)made in such form and manner and contain such information as the Minister decides, and (
b)accompanied by such fee (if any) as the Minister specifies in regulations. Fees to accompany applications for licences or alterations are not refundable.

(3)A person who, when applying for a licence furnishes information to the Minister knowing it to be false or misleading in any material respect, commits an offence and shall be liable on summary conviction to a class A fine.

(4)The Minister may vary the terms or conditions of a licence.

(5)The Minister may withdraw a licence where he or she considers the holder is not complying with the licence or any terms or conditions attached to it.

(6)(

a)Where the Minister proposes to refuse to grant a licence or to withdraw or vary a licence, the Minister shall notify the applicant or holder of the proposal. The applicant or holder may within such period as the Minister allows in the notification, being not less than 14 days, make representations in writing to the Minister in relation to the proposal. The Minister, where no representations are made within that period, or where representations are so made and having considered the representations, may grant or refuse to grant the licence or withdraw or vary the licence and notify the applicant or holder of the decision. (
b)If the decision is to refuse the grant of the licence or to withdraw or to vary the licence, the person may within 14 days of being notified of the decision, appeal to a judge of the District Court in whose district he or she carries on the business of the retail of veterinary medicinal products. On hearing the appeal, the judge may confirm the decision of the Minister or allow the appeal. The decision of the court is final save that an appeal on a point of law lies to the High Court. (
c)A decision of the Minister to withdraw or vary a licence takes effect on the notification of the decision to the holder. The holder, if making an appeal under paragraph (b), may apply to the court where the appeal is lodged to have the decision suspended until the appeal is determined or withdrawn.

(7)In this section, “licence” means a licence granted under this Part. Chapter 8 Enforcement Authorised officers 35.

(1)The Minister may for the purpose of enforcing this Part or regulations made thereunder appoint in writing such persons or class of persons, as he or she considers appropriate, to be authorised officers for the exercise of the functions conferred on an authorised officer under this Part.

(2)A person appointed as an authorised officer under section 10 of the Animal Remedies Act 1993 is deemed to be appointed as an authorised officer to exercise the functions conferred on an authorised officer under this Part.

(3)An authorised officer appointed under this section shall be furnished with a warrant of his or her appointment and, when exercising a function conferred on him or her as an authorised officer, the officer shall, if requested by a person affected, produce the warrant, or other evidence (including an identity document relating to the officer under section 56 ) that he or she is such an officer, for inspection.

(4)For the purposes of enforcing this Part or regulations made thereunder where an authorised officer or a member of the Garda Síochána or an officer of customs has reasonable grounds for believing that— (

a)the manufacture, placing on the market, importation, preparation, handling, storage, transport, exportation, distribution, sale, supply, marketing, advertising or use of a veterinary medicinal product or any ingredient for a veterinary medicinal product or medicated feed or intermediate products or pharmacovigilance activities is taking place or has taken place in, on, under or from any land, premises or in, on or from any vehicle, (
b)an offence is being or has been committed under this Part in, on, under or from any land, premises or in, on or from any vehicle, (
c)any land, vehicle or premises is used for or in connection with the breeding, rearing, feeding, keeping, training, exhibiting, selling or transporting of animals, (
d)any land or premises is a slaughterhouse or is used for or in connection with the slaughter of animals, (
e)in, on, under or from any land or premises or in, on or from any vehicle, there is or was any animal of any species to which a veterinary medicinal product is being or has been administered or there is or was any food derived from such an animal or any carcase of such an animal, or (
f)in, on, under or from any land or premises or in, on or from any vehicle, there is or was any veterinary medicinal product or any ingredients for veterinary medicinal products or medicated feed or intermediate products or any machinery (including any telephonic or other computerised information management system), instrument, equipment, container, record or other thing used in the manufacture, preparation, handling, storage, transport, placing on the market, exportation, distribution, sale, supply or use of veterinary medicinal products or ingredients for veterinary medicinal products or medicated feed or intermediate products, the authorised officer, member of the Garda Síochána or officer of customs (in this section referred to as the “relevant person”) may, stop, subject to subsection

(5), any such vehicle or enter (if necessary by force) any such land or premises, or land or premises used in connection with such land or premises, or any such vehicle, and there, or at any other place, and with such other authorised officers, members of the Garda Síochána and officers of customs (if any) as the relevant person considers appropriate— (

i)search for and examine, inspect or test any animals, food derived from animals or carcases of animals or anything believed to be a veterinary medicinal product or an ingredient for a veterinary medicinal product, medicated feed or intermediate products or anything to which paragraph (
f)relates, (
ii)take such specimens (including blood, urine, faeces, tissue, hair or remains of implants) from any animals, food derived from animals or carcases of animals, and may for that purpose perform or cause to be performed any procedure (including surgery) as is considered necessary on such animals, food or carcases, (iii) take, without payment, samples of, or from, any substances, or of or from a thing which may be considered appropriate for the purposes of this Part or regulations made thereunder as he or she may reasonably require and may carry out or cause to be carried out on the sample such tests, analyses, examination or inspections as he or she considers necessary or expedient and mark or otherwise identify it, (
iv)seize and detain anything to which paragraph (
f)relates or anything which is believed to be or to contain a veterinary medicinal product or an ingredient for a veterinary medicinal product or medicated feed or intermediate products kept, used or intended to be used in contravention of this Part or regulations made thereunder, as the case may be, (
v)search for and examine any record and take extracts from and copies of any such record, (
vi)seize and detain an animal in respect of which it is, with reasonable grounds, believed by the relevant person that a prohibited veterinary medicinal product or ingredient for a veterinary medicinal product has been administered to it in contravention of this Part or regulations made thereunder, (vii) require any person who is suspected to be, or to have been engaged in the importation, manufacture, preparation, handling, storage, transport, exportation, distribution, sale, supply or use of, or any person who is suspected to have possession or control of or to have kept or to keep, any veterinary medicinal product, ingredient for a veterinary medicinal product, animal, food derived from animals, carcases of animals or medicated feed or intermediate products or anything to which paragraph (
f)relates, or any person who is suspected to be, or to have been, engaged in the breeding, rearing, feeding, keeping, training, exhibiting, selling or transporting or in the possession or control of any animal— (I) in the case of any documents in the possession or control of that person or any such veterinary medicinal product, ingredient, animal, food, carcase or thing or medicated feed or intermediate products, to produce them to the relevant person or any authorised officer, member of the Garda Síochána or officer of customs, (II) in the case of any information (including passwords) in relation to such document, veterinary medicinal product, animal, food, carcase, telephonic system, information management system, or thing or medicated feed or intermediate products which may be required (including the source of that document, product, animal, food, carcase or thing), to furnish them to the relevant person or any authorised officer, member of the Garda Síochána or officer of customs, (viii) require any person, being the owner or the person in charge of animals or, the owner or occupier of, or employed in or on lands or premises so entered to give assistance, to carry out such instructions and to give such information as may be reasonably necessary for the purposes of subparagraphs (
i)to (vii), and (
ix)require any person who is for the time being in charge or control of any vehicle so stopped or entered— (I) to refrain from moving it, and (II) to give assistance, to carry out such instructions and to give such information as may be reasonably necessary for the purposes of subparagraphs (
i)to (vii).

(5)An authorised officer may only stop a vehicle for the purposes of subsection

(4)in a public place (within the meaning of the Road Traffic Act 1961 ) if accompanied by a member of the Garda Síochána and the officer requests the member to stop the vehicle.

(6)The functions of a relevant person under this section may only be exercised in respect of a dwelling or so much of a vehicle or premises as constitutes a dwelling where the relevant person has reasonable cause to suspect that, before a search warrant could be sought in relation to the dwelling under section 36, anything to which subsection

(4)relates— (

a)is being destroyed or disposed of, or (
b)is likely to be destroyed or disposed of.

(7)An authorised officer, a member of the Garda Síochána or an officer of customs accompanying the relevant person may exercise all the functions conferred on the relevant person by virtue of this section.

(8)An authorised officer when exercising a power under this section may be accompanied by any other person, and may take with him or her, or that person may take with them, any equipment or material to assist the officer in the exercise of the power.

(9)An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under this section.

(10)Where in the course of exercising a power under this section, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under this Part, the officer may seize and retain it for use as evidence in proceedings for an offence under this Part.

(11)For the purposes of enforcing this Part or regulations made thereunder, an authorised officer may require a person to give information or produce for inspection any record regarding the importation, manufacture, preparation, handling, storage, transport, exportation, advertising, distribution, sale, supply, issuing or dispensing of prescriptions for veterinary medicinal products or medicated feed or use of any veterinary medicinal product, ingredient for a veterinary medicinal product, animal, food derived from animals, carcases of animals or medicated feed or intermediate products as is in the person’s knowledge or procurement.

(12)A person is not required on examination or inquiry under this section to give any answer or information tending to incriminate the person. Search warrant 36.

(1)Where a judge of the District Court is satisfied by information on oath of an authorised officer, a member of the Garda Síochána or an officer of customs that there is reasonable cause for suspecting that— (

a)evidence of or relating to the commission or intended commission of an offence under this Part is to be found in, on or under any land or premises or in or on any vehicle and that such land, premises or vehicle or any part thereof consists of a dwelling, (
b)there is or was or is intended to be in, on or under any land or premises, in or on any vehicle and that such land, premises or vehicle or any part thereof consists of a dwelling, any veterinary medicinal product or ingredient for a veterinary medicinal product in relation to which a contravention of this Part or regulations made thereunder, is being or has been or is intended to be committed, or (
c)a document directly or indirectly relating to, or connected with, a transaction or dealing which was, or an intended transaction or dealing which would if carried out be, an offence under this Part, is in the possession or under the control of a person in, on or under any land or premises or in or on any vehicle and that such land, premises or vehicle or any part thereof consists of a dwelling, the judge may issue a search warrant under this section.

(2)A search warrant issued under this section shall be expressed and operate to authorise a named authorised officer, named member of the Garda Síochána or named officer of customs, accompanied by such authorised officers, members of the Garda Síochána and officers of customs or other persons as the named officer or member thinks necessary, at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant to enter (if necessary by force) the land, premises or vehicle named in the warrant.

(3)Where any premises, land or vehicle is entered pursuant to a warrant issued under this section, an authorised officer, a member of the Garda Síochána or an officer of customs so entering may— (

a)stop and detain any person found in, on or under such land or premises, or in or on such vehicle, for the purpose of searching that person and to search or cause to be searched that person, and (
b)exercise all or any of the powers referred to in section 35 . Search of suspects and stopping of vehicles 37.

(1)Where a member of the Garda Síochána or an officer of customs has reasonable grounds for believing that a person is in possession, in contravention of this Part, of a veterinary medicinal product or an ingredient for a veterinary medicinal product or medicated feed or intermediate products, the member or officer may without warrant— (

a)search, or cause to be searched by such a member or officer, the person and, if the member or officer considers it necessary for that purpose, detain the person for such time as is reasonably necessary to carry out the search, (
b)search, or cause to be searched by such a member or officer, any vehicle in which the member or officer suspects that such product or feed may be found and for the purpose of carrying out the search, if any such member or officer thinks fit, require the person who is, for the time being, in charge or control of the vehicle to bring it to a stop and when stopped to refrain from moving it or, in case the vehicle is already stationary, to refrain from moving it, or (
c)seize and detain, or cause to be seized and detained by such a member or officer, anything found in the course of a search under this Regulation which the member or officer reasonably suspects to be something which might be required as evidence in proceedings for an offence under this Part.

(2)Where a member of the Garda Síochána or an officer of customs decides to search or cause to be searched a person under this section, the member or officer may require the person to accompany that member or officer to either a Garda Síochána station or a customs office for the purpose of being so searched at that station or office. If the person refuses the member may arrest the person without warrant.

(3)A member of the Garda Síochána or an officer of customs may stop a vehicle, vessel or aircraft for the purposes of this Part and may require it to be moved for inspection to such place as the member directs.

(4)A person who, without reasonable excuse, fails to comply with a request of a member of the Garda Síochána or an officer of customs under subsection

(2)or

(3)commits an offence and is liable on summary conviction to a class A fine.

(5)Nothing in this Part operates to prejudice any power to search or to stop, or to seize or detain property, which may, apart from this Part, be exercised by a member of the Garda Síochána or an officer of customs. Power of arrest 38. Where with reasonable cause a member of the Garda Síochána— (

a)suspects that an offence under this Part has been committed or attempted, and (
b)suspects a person of having committed the offence or having made the attempt, the member may arrest the person without warrant if— (
i)with reasonable cause the member suspects that the person, unless arrested, either will abscond for the purposes of evading justice or will obstruct the course of justice, (
ii)having enquired of the person, the member has reasonable doubts as to the person’s identity or place of abode, or (iii) having enquired of the person, the member knows that the person does not ordinarily reside in the State or has reasonable doubts as to whether the person so resides. Saving for certain power 39. Nothing in this Part shall operate to prejudice any power to search, or to seize or detain property, which may, apart from this Part, be exercised by a member of the Garda Síochána or an officer of customs. Obstruction 40. A person who— (
a)obstructs or impedes an authorised officer, member of the Garda Síochána or officer of customs or any person who accompanies such officer or member, in the exercise of any of the functions conferred on or exercisable by the officer or member under section 35 , (
b)fails, without reasonable excuse, to comply with a requirement of an authorised officer, member of the Garda Síochána or officer of customs under section 35 , or (
c)purporting to give information to an authorised officer under section 35 for the exercise of the officer’s or member’s functions under that section— (
i)makes a statement that he or she knows to be false or misleading in a material particular or recklessly makes a statement which is false or misleading in a material particular, or (
ii)intentionally fails to disclose a material particular, commits an offence and is liable on summary conviction to a class A fine. Compliance notice 41.

(1)Where an authorised officer is of the opinion that a person is not complying, or has not complied with this Part or regulations made thereunder the officer may serve on the person a notice (“compliance notice”) stating that opinion on the person.

(2)A compliance notice shall— (

a)require the person on whom it is served to take such action as specified in the notice, (
b)inform the person on whom it is served that he or she may appeal the notice to the District Court under section 42 , and (
c)state that if the person on whom the notice is served fails to comply with the notice, he or she commits an offence and is liable to the penalty set out in subsection

(7).

(3)A person on whom a compliance notice is served shall— (

a)comply with the notice until it expires or is annulled under section 42 , and (
b)not cause or permit another person to contravene the terms of the notice.

(4)A compliance notice may specify a time limit within which the action specified in the notice is to be complied with.

(5)A compliance notice may be modified or withdrawn by a further notice and the earlier notice has effect subject to the modification or withdrawal.

(6)A compliance notice shall include an address for the service of an appeal under section 42 .

(7)A person on whom a compliance notice is served who fails to comply with, or causes another person to contravene, the notice commits an offence and is liable— (

a)on summary conviction, to a class A fine, or (
b)on conviction on indictment, to a fine not exceeding €50,000. Appeal against compliance notice 42.

(1)A person on whom a compliance notice is served may, not later than 10 days from the date of the service of the notice, appeal the notice to the judge of the District Court having jurisdiction in the District Court district— (

a)where the veterinary medicinal product or animal feed to which the notices relates is situated, or (
b)where the person bringing the appeal ordinarily resides or carries on business.

(2)Notice of an appeal shall contain a statement of the grounds upon which it is alleged that the compliance notice is unreasonable having regard to this Act and shall be served on the Minister at the address included on the notice in accordance with section 41

(6)not later than 2 days prior to the appeal.

(3)A copy of a notice of an appeal shall be lodged with the District Court clerk not later than 2 days prior to the hearing of the appeal.

(4)A compliance notice in respect of which an appeal is brought under this section has effect pending the making of an order under subsection

(5).

(5)On the hearing of an appeal the judge may confirm, modify or annul the compliance notice concerned.

(6)A person, including a person on whom a compliance notice has been served, shall not— (

a)pending the determination of the appeal, deal with any veterinary medicinal product or animal feed to which the notice relates, other than in accordance with the terms of the compliance notice, or (
b)if the notice is confirmed or modified on appeal, deal with any veterinary medicinal product or animal feed to which the notices relates other than in accordance with the terms of the compliance notice as confirmed or modified.

(7)A person who fails to comply with subsection

(6)commits an offence and is liable— (

a)on summary conviction, to a class A fine, or (
b)on conviction on indictment, to a fine not exceeding €50,000.

(8)In this section, “appeal” means an appeal under subsection

(1). Seizure and detention for non-compliance with compliance notice 43.

(1)Subject to an appeal under section 42 , where— (

a)the owner, occupier or person in charge of land or premises, or the owner or person in possession or control of a veterinary medicinal product or any ingredient for a veterinary medicinal product or medicated feed or intermediate product fails to comply with a compliance notice within the time specified in the notice, (
b)an authorised officer has reasonable grounds for believing that a compliance notice, whether or not modified under section 41

(5), will not be complied with, or (c) a compliance notice has been confirmed with or without modification under section 42

(5)and the notice has not been complied with, then the authorised officer may seize and detain the product or feed and any means of transport or other thing used in connection with such.

(2)Where a veterinary medicinal product or any ingredient for a veterinary medicinal product or medicated feed or intermediate product, means of transport or other thing is seized and detained under subsection

(1), an authorised officer may— (

a)sell, destroy or dispose of the product, feed or other thing or cause it to be sold, destroyed or disposed of, or (
b)take such other measures in relation to the product, feed, means of transport or other thing as the authorised officer considers appropriate, in the circumstances.

(3)Before exercising any power under subsection

(2)an authorised officer shall by notice inform the person concerned of his or her intention and afford the person an opportunity to make representations to the officer within 10 days of service of the notice. The officer shall consider the representations and by notice inform the person of his or her decision. If the person is aggrieved by the decision, he or she may, within 10 days of the service of the decision, appeal to the judge of the District Court within whose district the person resides or carries on business. On the hearing of the appeal the judge may confirm, modify or annul the notice.

(4)The profits, if any, arising out of the sale, destruction or disposal of a veterinary medicinal product or any ingredient for a veterinary medicinal product or medicated feed or intermediate product, means of transport or other thing seized and detained under subsection

(1)shall be paid to the owner of the product, feed, means of transport or other thing less any expenses (including ancillary expenses) incurred in connection with the seizure, detention, sale, destruction or disposal.

(5)The costs (including ancillary costs) of a measure taken under this section may be recovered by the Minister— (

a)as a simple contract debt in a court of competent jurisdiction from the person who was the owner of the veterinary medicinal product or any ingredient for a veterinary medicinal product or medicated feed or intermediate or means of transport or other thing at the time the measure was carried out, or (
b)by deducting the costs from any moneys due, or becoming due, and payable by the Minister to the person on whom the compliance notice concerned was served.

(6)Where the Minister proposes to recover the costs of anything done under this section the Minister shall— (

a)inform by notice the person concerned of the costs (including, but not limited to, salaries, subsistence, hiring of vehicles, machinery or equipment, feeding and veterinary fees) the reason for the costs and that he or she may make representations in relation to the proposal not later than 14 days from the date of the notice, (
b)consider any representations duly made, and (
c)make a decision and inform by notice the person concerned, stating the decision and the reasons for the decision. Impersonation of authorised officer, etc. and possession of certain identity documents 44.

(1)A person who, with the intention to deceive— (

a)purports to be, or (
b)acts in a manner that would lead another person to believe that he or she is, a person duly appointed as an authorised officer or other officer of the Minister either generally or for the purposes of this Part commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.

(2)A person who, without lawful excuse, has in his or her possession any document which— (

a)has been, (
b)purports to be, or (
c)could lead another person to believe that it has been, duly issued for the purpose of identifying the person in possession of the document as a person duly authorised by, or a duly authorised officer or other officer of, the Minister either generally or for the purposes of this Part commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both. Evidence of class of veterinary medicinal product to which contravention relates 45. In any proceedings for an offence under this Part in which it is alleged that a contravention of this Part has occurred in relation to a class of veterinary medicinal product or a class of ingredient for a veterinary medicinal product or a class of medicated feed or intermediate products, it shall not be necessary to show that the contravention relates to a particular veterinary medicinal product or ingredient for a veterinary medicinal product or a particular medicated feed or intermediate product where it can be shown that it relates to a thing which is a member of such a class of veterinary medicinal product or class of ingredient for a veterinary medicinal product or medicated feed or intermediate product. Disposal of things seized 46. If, in the course of exercising a power under this Part, a person, being an authorised officer, a member of the Garda Síochána or an officer of customs, finds or comes into possession of any thing which such a person believes to be evidence of any offence or suspected offence under this Part, it may be seized and retained for use in evidence in any criminal proceedings, for such period from the date of seizure as is reasonable or, if proceedings are commenced in which the thing so seized is required for use in evidence, until the conclusion of the proceedings, and thereafter it shall be returned to its owner, unless— (
a)returning it would cause the owner to be in possession of the seized item contrary to law, (
b)the expiry date of a seized medicine has expired, (
c)the person from whom it was seized cannot be found within a period of 30 days, or (
d)an order from the court has been obtained to otherwise dispose of it, and an authorised officer may, other than where paragraph (
d)applies, approve the disposal, without payment or compensation of the thing following the issuing of a disposal notice to the owner giving him or her 10 days to appeal the decision to the Minister to dispose. Evidence on certificate, etc. 47.

(1)In proceedings for an offence under this Part, a certificate purporting to be signed by a person employed at a laboratory named in the certificate stating the capacity in which that person is so employed and stating one or more of the following, namely— (

a)that the person received a sample submitted to the laboratory, (
b)that, for a period as is specified in the certificate, the person had in his or her custody a sample so submitted, (
c)that the person gave to such other person as is specified in the certificate a sample so submitted, (
d)that the person carried out a laboratory examination for the purpose of detecting the presence, in a sample so submitted, of a substance, ingredient for a veterinary medicinal product or medicated feed or intermediate product or a veterinary medicinal product or medicated feed or intermediate product, or (
e)that a particular substance, ingredient for a veterinary medicinal product or medicated feed or intermediate product or a veterinary medicinal product or medicated feed or intermediate product was present in the sample, is, unless the contrary is shown, evidence of the matters stated in the certificate.

(2)A certificate purporting to be signed by an officer of the Minister and to certify that on a specific day or days or during the whole of a specified period— (

a)a particular person did not hold a licence granted under regulations made under this Part, (
b)such a licence is suspended or has been revoked, or (
c)such a licence was subject to a particular condition or conditions, is, without proof of the signature of the person purporting to sign the certificate or that he or she is an officer of the Minister, evidence, unless the contrary is shown, of the matters stated in the certificate.

(3)In proceedings for an offence under this Part, the court may, if it considers that the interests of justice so require, direct that oral evidence of any matter stated in a certificate under subsection

(1)or

(2)be given, and the court may for the purpose of receiving oral evidence adjourn the matter. Offences by bodies corporate, etc. 48.

(1)Where an offence under this Part has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any willful neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if guilty of the first-mentioned offence.

(2)Where the affairs of a body corporate are managed by its members, subsection

(1)shall apply in relation to the acts and defaults of a member in connection with the functions of management as if such a member were a director or manager of the body corporate. Service of notices and notifications 49.

(1)Subject to subsection

(2), any notification, notice or document required or authorised by virtue of this Part to be given to any person by the Minister or required to be given under this Part shall be addressed to the person concerned by name and may be given— (

a)by delivering it to the person, (
b)by leaving it at the address at which the person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address, (
c)by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address, or (
d)by electronic communication, if the person concerned has agreed to service of notices, notifications or documents by such means, provided that there is a facility for confirming receipt of the electronic communication and that such receipt has been confirmed.

(2)For the purposes of this section, a company (within the meaning of the Companies Act 2014 ) shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business. Disqualification from keeping animals, veterinary medicinal products, or medicated feed, etc. 50.

(1)A person who is convicted on indictment of an offence under this Part may, in addition to the penalty imposed thereunder— (

a)be disqualified from keeping, dealing in or having charge or control, directly or indirectly, of either or both— (
i)any animal or class or classes of animal, and (
ii)any veterinary medicinal product or medicated feed or class or classes of a veterinary medicinal product or medicated feed or any ingredient thereof, or (
b)be disqualified from working in or having charge or control of any one or more of the following, that is to say, the manufacture, importation, preparation, handling, storage, transport, exportation, distribution, sale or supply of either or both food intended for human consumption and food intended for animal consumption or of any class or classes of either or both such foods, for such period, including where appropriate for the life of the person, as the court thinks fit.

(2)In this section, “control” includes, in relation to a body corporate, the power of the person concerned to secure, by means of holding shares or the possession of voting power in or in relation to that or any other body corporate, or by virtue of powers conferred by articles of association or other document regulating that or any other body corporate, that the affairs of the first-mentioned body corporate are conducted in accordance with the wishes of that person. Forfeiture of animal, veterinary medicinal product, etc. 51.

(1)Where— (

a)a veterinary medicinal product, (
b)an ingredient for a veterinary medicinal product, (
c)an animal to which a veterinary medicinal product has been administered, (
d)any thing used in connection with an unauthorised veterinary medicinal product or any thing directly used in connection with any other veterinary medicinal product, or (
e)any thing used in connection with an animal to which a prohibited veterinary medicinal product has been administered or any thing directly used in connection with an animal to which any other veterinary medicinal product has been administered, has come into the possession of an authorised officer in respect of which an offence is with reasonable cause suspected by the officer of having been committed under this Part, or where an offence has been committed or is alleged to have been committed under this Part in respect of any of the matters referred to in paragraph (a), (b), (c), (
d)or (e), and on the application before a court of— (
i)the Minister, or (
ii)where criminal proceedings have been instituted, the person who instituted those proceedings, the appropriate court may, at its discretion and where it is satisfied that an offence has been committed (whether or not any person has been convicted of the offence) order the forfeiture of any such animal, veterinary medicinal product, ingredient for a veterinary medicinal product, or other thing, as the case may be.

(2)Any thing ordered by the appropriate court to be forfeited under this section shall be disposed of as the Minister thinks fit, and any moneys arising from such disposal shall, without prejudice to it being taken into account (where appropriate) for the purposes of section 52, be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure, National Development Plan Delivery and Reform directs.

(3)(

a)In this section— “appropriate court” means— (
i)in case the estimated value of the animal, veterinary medicinal product, ingredient for a veterinary medicinal product or other thing to be forfeited does not exceed €15,000, the District Court, (
ii)in case the estimated value aforesaid does not exceed €75,000, the Circuit Court, and (iii) in any case, the High Court; “estimated value”, in relation to the thing sought to be forfeited, means the estimated amount of money which, in the opinion of the court, a willing purchaser would pay to a willing seller when such a thing could be sold legally and after deduction for— (
i)the estimated costs incidental to such a sale, and (
ii)the estimated amount of any tax or duty owing to the State in respect of that thing, and when it cannot be sold legally then such estimated value, if any, as the court considers appropriate. (
b)If, in relation to an application under this section— (
i)to the District Court, that court becomes of the opinion during the hearing of the application that— (I) the estimated value aforesaid will exceed €15,000, or (II) that for any reason it should decline jurisdiction, it may, if it so thinks fit, transfer the application to the Circuit Court or the High Court, whichever it considers appropriate having regard to the estimated value aforesaid or to such other matters that it considers appropriate, or (
ii)to the Circuit Court, that court becomes of opinion during the hearing of the application that— (I) the estimated value aforesaid will exceed €75,000, or (II) that for any reason it should decline jurisdiction, it may, if it so thinks fit, by order transfer the application to the High Court. (
c)An application under this section shall be brought in a summary manner.

(4)(

a)An order shall not be made by a court under this section unless the court is satisfied that in the circumstances all practicable steps have been taken to notify any person of the proceedings relating to the application for the order and who, in the opinion of the court, should be given the opportunity of being heard by it on that application. (
b)The court concerned may make such order as to the costs of the parties to or heard by the court in proceedings relating to an application for an order under this section as it considers appropriate. Recoupment of costs of certain disposals 52. Where any thing which is seized from or forfeited by a person under this Part is duly disposed of by or on behalf of the State, the costs of such disposal, less any moneys arising from such disposal, shall (except where such costs have been waived in writing) be recoverable from such person as a simple contract debt in any court of competent jurisdiction. Forgery 53.

(1)A person shall not forge a document purporting to be— (

a)a veterinary prescription, (
b)a licence under this Part, or (
c)a record required to be kept, or any other document issued or maintained, under regulations made under this Part, (which is, in this section, referred to as a “forged document”).

(2)A person shall not forge an endorsement or other entry purporting to be for any purpose of this Act on any document whatsoever required to be kept for the purposes of this Part (which document with such entry in this section is referred to as a “falsely endorsed document”).

(3)A person shall not, with intent to deceive, create or alter— (

a)a veterinary prescription, (
b)a licence under this Part, or (
c)a record required to be kept or any other document issued or maintained under regulations made under this Part, (which document if so altered is, in this section, referred to as an “altered document”).

(4)A person shall not utter a forged document, a falsely endorsed document or an altered document.

(5)A person shall not have in his or her possession or under his or her control, a forged document, a falsely endorsed document or an altered document.

(6)Subsection

(5)does not apply to— (

a)an authorised officer or a member of the Garda Síochána or an officer of customs, when acting in the course of his or her duty, or (
b)a person who has taken into his or her possession a document for the purpose of— (
i)preventing another from committing or continuing to commit an offence, or (
ii)delivering it into the custody of a person specified in paragraph (a).

(7)A person who contravenes this section commits an offence and is liable— (

a)on summary conviction, to a class A fine, or to imprisonment for a term not exceeding 6 months, or to both, or (
b)on conviction on indictment, to a fine not exceeding €50,000, or to imprisonment for a term not exceeding 2 years, or to both. Summary proceedings 54.

(1)Proceedings for an offence under this Part may be brought and prosecuted summarily by the Minister.

(2)Notwithstanding section 10

(4)of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this Act may be instituted within 2 years from the date of the offence. Fixed payment notice 55.

(1)Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under section 6

(2)or

(3)(d), 7

(8), 8

(3), 13

(3), 14

(2), 16

(2), 17

(3), 18

(5)(b), 19

(2), 21

(5)(b), 22

(2), 26

(2)(a), 28

(4), 29

(2), 30

(3)or 32

(3)(a), he or she may serve on the person a notice in writing (in this section referred to as a “fixed payment notice”) stating that— (

a)the person is alleged to have committed the offence, (
b)the person may during the period of 28 days beginning on the date of the notice make to the Minister, at the address specified in the notice, a payment of €500 accompanied by the notice, (
c)the person is not obliged to make the payment, and (
d)a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(2)Where a fixed payment notice is served under subsection

(1)— (

a)the person to whom the notice applies may, during the period specified in the notice, make to the Minister at the address specified in the notice the payment specified in the notice accompanied by the notice, (
b)the Minister may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and (
c)a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3)In proceedings for an offence under this Act, the onus of proving that a payment in accordance with a fixed payment notice has been made lies on the person on whom the fixed payment notice was served.

(4)In proceedings for an offence referred to in subsection

(1), it is a defence for the accused to show that he or she has made a payment in accordance with this section pursuant to a fixed payment notice issued in respect of that offence.

(5)The Minister may by order specify an amount not exceeding €1,000 in place of the amount specified in subsection

(1)(b) and different amounts may be specified in respect of different offences.

(6)Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it. Composite identity cards 56.

(1)The Minister may issue or cause to be issued to a person an identity document in respect of one or more than one function conferred on that person by the Minister under this Act or any other enactment or regulations under the European Communities Act 1972 (whether or not with the approval, consent or otherwise of another Minister of the Government) and each such document shall indicate— (

a)that it is an identity document by reference to it being an identity card, warrant card, authorisation card or such other cognate expression as the Minister considers appropriate, (
b)the name of the person to whom it is issued, (
c)that it is issued pursuant to section 56 of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Act 2023, and (
d)a reference to the provisions of every enactment or regulations in respect of which functions have been conferred by the Minister together with any designatory title (if any) for each of those functions, and shall include a photograph of the person to whom it is issued and, either generally in respect of all such documents or in respect of a class or classes of such documents, such other matters as the Minister considers appropriate.

(2)A relevant statutory requirement shall be satisfied if, in lieu of the document to which that requirement relates being produced by the person authorised or otherwise appointed, there is produced by the person so authorised or otherwise appointed an identity document issued pursuant to subsection

(1), and the relevant statutory requirement shall be construed accordingly.

(3)In this section— “conferred”, in relation to a function, means any form of assignment of the function to a person whether by means of a warrant of appointment or otherwise; “photograph” means a full-face photograph of the person concerned and includes any other full-face image of the person concerned which is in the nature of a photograph, whether produced electronically or otherwise; “relevant statutory requirement” means a requirement, however expressed, in any provision of an enactment that a person authorised or otherwise appointed under the enactment regulations made under the European Communities Act 1972 to exercise any function shall, when exercising that function, produce if requested by any person affected a specific document to that person.

(4)An identity card issued under section 17 of the Animal Remedies Act 1993 which is in force on the passing of this Act is deemed to have been issued under this section. PART 3 Amendment of Fertilisers Feeding Stuffs and Mineral Mixtures Act 1955 Definition (Part 3) 57. In this Part, “Act of 1955” means the Fertilisers Feeding Stuffs and Mineral Mixtures Act 1955 . Amendment of definitions in Act of 1955 58. Section 1 of the Act of 1955 is amended— (

a)by substituting for the definition of “fertiliser” the following: “‘fertiliser’ means (subject to any exemptions which may be prescribed) any article (including, in particular, lime and ground limestone) manufactured for use as a fertiliser of the soil and includes any substance or mixture, applied or intended to be applied on plants or their rhizosphere; ‘fertiliser economic operator’ means a manufacturer, authorised representative, importer or distributor (whether wholesale or retail) of a fertilising product; ‘import’ means import into the State from another Member State or a third country;”, (
b)by substituting for the definition of “the Minister” the following: “ ‘Minister’ means Minister for Agriculture, Food and the Marine; ‘premises’ includes a building, a dwelling or other structure (whether temporary or permanent) on or under land or in water;”, (
c)by inserting after the definition of “prescribed” the following: “‘professional fertiliser end user’ means any person who uses fertiliser products in the course of his or her activities, including as an operator, technician, employer or self-employed person, whether in the farming or other sectors, but excludes private domestic use;”, (
d)in the definition of “the Assistant State Chemist”, by substituting “State Laboratory;” for “ State Laboratory.”, and (
e)by inserting after the definition of “the Assistant State Chemist” the following: “‘use’ means all operations carried out with a fertiliser product, including storage, handling, mixing and application, including application by third parties.”. Fertiliser and compound feeding stuff exceptions 59. The following section is inserted after section 1 of the Act of 1955: “1A. The Minister may prescribe an article or substance deemed not to be a fertiliser or compound feeding stuff for the purpose of this Act.”. Licences under section 5 of Act of 1955 60. Section 5 of the Act of 1955 is amended— (
a)in subsection

(3)(c), by deleting “by post”, and (b) by inserting after subsection

(3)the following: “(3A) An application for a licence under regulations made under this section shall be made in such form and manner as the Minister decides and accompanied by such fee (if any) as the Minister decides. Fees to accompany applications for licences or alterations are not refundable. (3B) A person who, when applying for a licence under regulations made under this section, furnishes information to the Minister knowing it to be false or misleading in any material respect commits an offence and shall be liable on summary conviction to a class A fine. (3C) (

a)Where the Minister proposes to refuse to grant a licence under regulations made under this section or to revoke or vary a condition of such a licence, the Minister shall notify the applicant or holder of the proposal. The applicant or holder may within such period as the Minister allows in the notification, being not less than 14 days, make representations in writing to the Minister in relation to the proposal. The Minister, where no representations are made within that period, or, where representations are so made and having considered the representations, may grant or refuse to grant the licence or revoke or vary the licence and notify the applicant or holder of the decision. (
b)If a decision under paragraph (
a)is to refuse the grant of the licence or to suspend or revoke or to vary the licence, the person may within 14 days of being notified of the decision, appeal to a judge of the District Court in whose district he or she carries on the business or activity concerned. On hearing the appeal the judge may confirm the decision of the Minister or allow the appeal. The decision of the court is final save that an appeal on a point of law lies to the High Court. (
c)A decision of the Minister to revoke or vary a licence takes effect on the notification of the decision to the holder. The holder, if making an appeal under paragraph (b), may apply to the court where the appeal is lodged to have the decision suspended until the appeal is determined or withdrawn.”. Fertiliser registers and sales data 61. The following sections are inserted after section 7 of the Act of 1955: “Fertiliser Economic Operators’ Register 7A.

(1)The Minister shall establish and maintain, in such form (including in electronic form) as he or she considers appropriate, a register of persons who manufacture, import, place on the market or make available on the market (whether wholesale or retail) a fertiliser product, to be known as the Fertiliser Economic Operators’ Register (in this section referred to as the ‘Register’).

(2)An application for entry in the Register shall be made in such form and manner as the Minister may specify.

(3)A person who, when applying for registration in the Register, furnishes information to the Minister knowing it to be false or misleading in any material respect commits an offence and is liable on summary conviction to a class A fine.

(4)A person entered in the Register shall be assigned a unique fertiliser economic operator registration identification number.

(5)The Minister may enter in the Register in respect of a person entered in it the following details: (

a)the person’s name; (
b)the name and address of his or her place of business or activity; (
c)the nature of the business or activity operated; (
d)his or her phone number, email address and any other relevant contact details; (
e)his or her unique fertiliser economic operator registration identification number.

(6)The Minister may prescribe additional details to be included on the Register in respect of an entry in it to ensure the effective management of the Register.

(7)The Minister may attach conditions to registration, revoke or vary a condition, attach a new condition, refuse an application or remove a person from the Register.

(8)A person who manufactures, imports, places on the market or makes available on the market (whether wholesale or retail) a fertiliser product without being entered in the Register commits an offence and is liable— (a) on summary conviction, to a class A fine, or (b) on conviction on indictment, to a fine not exceeding €100,000.

(9)A certificate purporting to be signed by an officer of the Minister that the person specified in the certificate is, or is not, entered in the Register shall, until the contrary is proved, be evidence of the matters so certified and it shall not be necessary to prove the signature of the officer or that he or she was in fact such an officer or was in fact so authorised.

(10)A person entered in the Register who purchases a fertiliser product shall supply his or her unique fertiliser economic operator registration identification number to the person from whom he or she acquires the fertiliser product.

(11)A person who fails to comply with subsection

(10)commits an offence and is liable on summary conviction to a class A fine. Professional Fertiliser End Users’ Register 7B.

(1)The Minister shall establish and maintain, in such form (including electronic form) as he or she considers appropriate, a register of professional fertiliser end user

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.