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 users, to be known as the Professional Fertiliser End Users’ Register (in this section referred to as the ‘Register’).
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(2)An application for entry in the Register shall be made in such form and manner as the Minister may specify.
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(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.
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(4)A person entered in the Register shall be assigned a unique professional fertiliser end user registration identification number.
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(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 professional fertiliser end user registration identification number.
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(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.
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(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.
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(8)A person who operates as a professional fertiliser end user 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.
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(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 professional fertiliser end user 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.
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(10)A person entered in the Register who purchases a fertiliser product shall supply his or her unique professional fertiliser end user identification registration number to the person from whom he or she acquires the fertiliser product.
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(11)A person entered in the Register who fails to comply with subsection (10) commits an offence and is liable on summary conviction to a class A fine.
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Fertiliser registers - representation and appeals 7C. (1) The Minister, where he or she considers that an applicant for registration in a Register should not be entered in the Register, may refuse the application, or a person entered in the Register is not complying with this Act or a condition of registration, may remove the person from the Register. The Minister may, if considering refusing an application for registration in, or the removal of a person from, the Register, notify the person of the proposal. The notification shall allow the person to make representations to the Minister against the proposal within such period as the Minister allows in the notification, being not less than 14 days, of the person being notified. The Minister, where no representations are made within that period, or, where representations are so made and having considered the representations, may enter the person in the Register, refuse the application or remove the person from the Register and notify the person of his or her decision.
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(2)If a decision under subsection (1) is to refuse an application for registration in, or to remove the person from, the Register, the person may, within 14 days of being notified, 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 refusal for registration in, or removal of the person from, the register 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.
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(3)A decision of the Minister to remove the person from the Register takes effect on the date of notification of the decision to the person. The person, if making an appeal under subsection (2), may apply to the court where the appeal is lodged to have the decision suspended until the appeal is determined or withdrawn.
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(4)A person who is aggrieved by a condition attached to his or her registration in a Register may within 14 days of the condition being attached make representation to the Minister regarding the condition. The Minister having considered the representation may confirm with or without modification the condition or remove it. If further aggrieved by the decision the person may within 14 days of notification 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 condition or vary it 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.
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(5)In this section, ‘Register’ means the Fertiliser Economic Operators’ Register or the Professional Fertiliser End Users’ Register, as the case may be.
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National Fertiliser Database 7D. (1) The Minister shall establish and maintain a database containing the information referred to— (a) in subsection (2) and submitted to him or her by a person entered in the Fertiliser Economic Operators’ Register, and (b) in subsection (6) and submitted to him or her by a person entered in the Professional Fertiliser End Users’ Register, in accordance with this section (to be known as the National Fertiliser Database and in this section referred to as the ‘database’) for the purposes set out in section 7E.
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Details to be uploaded by fertiliser economic operator
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(2)A person entered in the Fertiliser Economic Operators’ Register shall submit to the Minister, at such time or times prescribed under subsection (11)(a), details of fertiliser products on his or her premises or under his or her control, manufactured, imported, placed on the market, made available on the market or sold (whether wholesale or retail), by entering onto the database the information required to be submitted under subsection (3) and as prescribed under subsection (4) in relation to the product and in the form and manner prescribed under subsection (10) and in accordance with any conditions prescribed under subsection (11)(b)(i).
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(3)The following information shall be submitted by a person entered in the Fertiliser Economic Operators’ Register to the Minister for the purposes of subsection (2)— (a) in the case of Importers and manufacturers: (i) their unique fertiliser economic operator registration number; (ii) the name of the fertiliser product imported or manufactured; (iii) the quantity of the product imported or manufactured; (iv) the quantity of product sold; (v) the unique registration identification number of the fertiliser economic operator or professional fertiliser end user, as the case may be, acquiring the product; (vi) the declared nutrient content of the fertiliser product; (vii) the inhibitor used, if relevant; (viii) the manufacturer of the fertiliser product, if relevant; (ix) if the fertiliser product was repackaged or relabelled, the relevant details; (x) if the fertiliser product is intended for the domestic market only, export only, or both; (xi) the neutralising value, reactivity and grain size for liming materials only; (xii) the date, means and country of import of the product; and (xiii) the date of manufacture or transfer of product, and (b) in the case of wholesalers and retailers: (i) their unique fertiliser economic operator registration number; (ii) the name of the fertiliser product; (iii) the unique registration identification number of the fertiliser economic operator or professional fertiliser end user acquiring or returning the product; (iv) the date and quantity of the fertiliser product acquired, transferred or returned.
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(4)The Minister may prescribe additional information required to be submitted to the Minister by a fertiliser economic operator for entry on the database.
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(5)A person entered in the Fertiliser Economic Operators’ Register who— (a) fails to comply with subsection (2), or (b) when submitting under subsection (2) information to the Minister, 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.
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Details to be uploaded by professional fertiliser end user
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(6)A person entered in the Professional Fertiliser End Users’ Register shall submit to the Minister, at a time or times prescribed under subsection (11)(a), details of fertiliser products on his or her premises or under his or her control, whether for his or her own use or not, by entering onto the database the information required under subsection (7) and as prescribed under subsection (8) in relation to the product and in the form and manner prescribed under subsection (10) and in accordance with any conditions prescribed under subsection (11)(b)(ii).
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(7)The details to be submitted to the Minister by a person entered in the Professional Fertiliser End Users’ Register for the purposes of subsection (6) shall include— (a) his or her unique professional fertiliser end user registration number, (b) the name of the fertiliser product, (c) the manufacturer of the fertiliser product, (d) the quantity of fertiliser product on his or her premises or under his or her control, and (e) upon request, the quantity of fertiliser product— (i) on his or her premises or under his or her control that is third party product, or (ii) used by him or her over a specified period.
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(8)The Minister may prescribe additional details to be submitted to the Minister by a professional fertiliser end user for entry on the database.
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(9)A person entered in the Professional Fertiliser End User Register— (a) fails to comply with subsection (6), or (b) when submitting under subsection (6) information to the Minister, 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.
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Matters to be prescribed
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(10)The Minister may prescribe the form and manner of a submission referred to in subsection (2) or (6) and require that the information be completed and submitted electronically or otherwise and in a form compatible with the database.
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(11)The Minister may prescribe— (a) the periods of time referred to in subsections (2) and (6) and such time periods may specify that returns are to be made— (i) at regular intervals of time, and (ii) in real time or within a specified period, or (b) conditions for the making of statistical returns to the Minister by— (i) a fertiliser economic operator on the import, export, manufacture, sale and return of fertiliser products, or (ii) a professional fertiliser end user on the stocks of fertiliser products on his or her premises or under his or her control.
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Processing of information 7E. (1) The Minister may process data submitted by a fertiliser economic operator or a professional fertiliser end user for inclusion in the National Fertiliser Database for the following purposes: (a) to track the sale of fertiliser product from the point of manufacture or import, through the supply chain, to its sale to the professional end user; (b) to verify the use of fertiliser products at farm level; (c) to monitor compliance with this Act, legislation of the European Union in relation to nitrates or the common agriculture policy; (d) to achieve a reduction in the use of fertiliser; (e) to inform policy and control programmes of the Department; and (f) to effectively operate schemes of the Department.
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(2)The Minister may prescribe additional purposes for which data submitted by a fertiliser economic operator or a professional fertiliser end user for inclusion in the National Fertiliser Database may be processed having regard to environmental factors and the need to produce agricultural products.
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(3)The Minister may provide to a fertiliser economic operator or professional fertiliser end user, through a secure web portal of the Department, confirmation that a unique registration identification number submitted by the fertiliser economic operator or professional fertiliser end user, as the case may be, acquiring a fertiliser product is a valid number contained on the relevant Register.
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(4)The Minister may share with other Ministers of the Government or bodies established under statute data or reports produced from data provided under section 7D where required for the performance of their functions.
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(5)The Minister may share with food and feed processors, prescribed by the Minister, data or reports produced from data provided under section 7D, where, in the opinion of the Minister, such sharing may bring about a change in fertiliser use, improve water quality or achieve other environmental and sustainable targets.
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(6)The Department shall enter into a data sharing agreement in writing with food and feed processors prescribed under subsection (5), which shall specify— (a) the relevant data, or categories of relevant data, to be disclosed and the general purposes of that disclosure, (b) the security measures to apply to the transmission, storage and accessing of relevant data, (c) the requirements in relation to the retention of the relevant data to be disclosed for the duration of the agreement and in the event that the agreement is terminated, (d) the method to be employed to destroy or delete the relevant data to be disclosed at the end of the period for which the relevant data is to be retained in accordance with the agreement, (e) the procedure in accordance with which a party may withdraw from the agreement, and (f) any such other matters as considered appropriate by both parties to the agreement.
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(7)In this section, ‘Department’ means Department of Agriculture, Food and the Marine.
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Service of notices and notifications 7F. (1) Subject to subsection (2), any notification, notice or document required under this Act to be given to any person by the Minister 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.
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(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.”.
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Authorised officers - Act of 1955 62. The following sections are substituted for section 8 of the Act of 1955: “Authorised officers - inspection and taking samples 8. (1) The Minister may for the purpose of enforcing this Act appoint in writing such persons or classes of persons as he or she considers appropriate to be authorised officers for the exercise of all or any of the functions conferred on an authorised officer under this Act.
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(2)An authorised officer may at all reasonable times enter and inspect any land or premises, railway wagon, vehicle, ship, vessel or aircraft in which he or she has reasonable grounds for believing that any fertiliser, feeding stuff, compound feeding stuff or mineral mixture is manufactured for sale, kept or carried for sale or sold, or a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture is kept or any equipment or machinery relating to such, and may— (a) examine and take samples and stock of any fertilisers, feeding stuffs, compound feeding stuffs or mineral mixtures, or of any materials capable of being used in the manufacture of fertilisers, feeding stuffs, compound feeding stuffs or mineral mixtures, which he or she finds in the course of his inspection, (b) examine a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture, equipment, machinery or other thing used in connection with a fertiliser, feeding stuff, compound feeding stuff or mineral mixture, (c) require the name and address of the owner, or person in possession or control of a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture, equipment, machinery, a vehicle or a vessel used in connection with a fertiliser, feeding stuff, compound feeding stuff or mineral mixture or require details of place of departure, journey or destination, (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery, a computerised information management system or other thing used in connection with a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture and require the person in charge or control of such to refrain from moving it, (e) require the owner, person in possession or control of any premises, equipment, machinery, a computerised information management system, a vehicle, a vessel or other thing used in connection with a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture, to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require, (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection, or
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(g) make a record, including by means of writing, sound recording, photograph, video or other means.
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(3)An authorised officer may require a person to give information regarding the ownership and identity of a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture, equipment, machinery, a vehicle, a vessel or other thing used in connection with a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture as is in the person’s knowledge or procurement.
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(4)Where an authorised officer has reasonable grounds for believing that— (a) an offence is being or has been committed under this Act, or (b) evidence of an offence to which paragraph (a) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery, the officer may, in addition to the powers exercisable by him or her under subsection (1): (i) search the land or premises; (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery (including any computerised information management system); (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to— (I) refrain from moving it, or move it to a location where it may be searched, (II) give information regarding its place of departure, journey or destination, and (III) where the equipment or machinery is part of a computerised information management system, provide assistance (including providing passwords) to enable access to such devices or systems; (iv) seize and detain a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture and mark or otherwise identify it; (v) detain a vehicle, vessel, aircraft, railway wagon, equipment, machinery (including any computerised information management system) or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this section either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires; (vi) remove any equipment, machinery (including any computerised information management system), books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under this Act; (vii) give such direction to a person who has a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture, or who has equipment, machinery, vehicle or vessel or other thing used in connection with a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture in his or her possession or under his or her control or who has information relating to such, as the authorised officer may reasonably consider necessary for the purposes of this Act.
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(5)An authorised officer shall not enter, except with the consent of the occupier, a private dwelling unless he or she has obtained a search warrant under section 8A other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under section 8A, any evidence of an offence referred to in subsection (4)(a) is being or is likely to be disposed of or destroyed.
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(6)An authorised officer, when exercising a function under this Act, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the function.
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(7)An authorised officer may use reasonable force, if necessary, to exercise his or her functions under this Act.
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(8)Where, in the course of exercising a function under this Act, 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 Act, the officer may seize and retain it for use in evidence in proceedings for an offence under this Act.
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(9)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.
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(10)A member of the Garda Síochána may stop a vehicle or vessel, for the purposes of this Act and may require it to be moved for inspection to such place as he or she directs.
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(11)A person who has— (a) a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture, or (b) equipment, machinery, a vehicle, a vessel or other thing used in connection with a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture, in his or her possession or under his or her control, or information or a record relating to any of them, shall give such— (i) assistance to an authorised officer, or person who accompanies the officer, and (ii) information to an authorised officer on request being made, in that behalf by the officer, as the officer may reasonably require for the exercise of his or her functions under this Act.
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(12)The owner or person in charge of any premises used in connection with a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture shall, if required by an authorised officer, where it is practicable and possible, provide suitable equipment or facilities or a suitable part of the plant or establishment for the officer to carry out his or her functions under this Act.
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(13)An authorised officer may require a person to give to the officer such information as is in the person’s power or procurement as regards any premises specified by the officer including— (a) whether or not the premises is used, either partly or wholly, for or in connection with a fertiliser, feeding stuff, compound feeding stuff or mineral mixture, (b) the name of the owner, occupier or person who is in charge of the premises, and (c) whether or not the premises is let and, if let, the name and address of the person to whom, and the period of time for which, it is let.
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(14)Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a function conferred on him or her by this Act.
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(15)A person who— (a) obstructs or interferes with an authorised officer when exercising a power conferred on him or her under this Act, (b) fails or refuses, without reasonable cause, to comply with a requirement of an authorised officer under this Act, (c) fails, without reasonable cause, to give assistance or requested information to an authorised officer in accordance with this Act, (d) in purporting to give information to an authorised officer for the exercise of the officer’s functions under this Act— (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, or (e) aids or abets a contravention of this Act and any instrument made under this Act for the time being in force, commits an offence and is liable on summary conviction to a class A fine.
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(16)A sample may be taken under this section in the prescribed manner or in any other manner.
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(17)Where— (a) a sample is taken under this section in the prescribed manner, (b) the State Chemist or the Assistant State Chemist causes the sample to be analysed in the prescribed manner by any person acting under the direction of the State Chemist or the Assistant State Chemist, and (c) the State Chemist or the Assistant State Chemist gives a certificate in the prescribed form of the result of the analysis, evidence of the result of the analysis may be given in any legal proceedings, but save as aforesaid, evidence of the result of an analysis of a sample taken under this section shall not be given in any legal proceedings.
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(18)In any legal proceedings the production of a certificate, purporting to be under this section and to be signed by the State Chemist or the Assistant State Chemist, shall be sufficient evidence of the facts stated in the certificate and of the analysis having been duly carried out, unless either party requires the person who made the analysis to be called as a witness.
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(19)A statement or admission made by a person pursuant to a requirement under subsection (11)(ii) is not admissible in evidence in proceedings brought against the person for an offence (other than an offence under this section for failing to give information or giving false information) under this Act.
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Search warrant 8A. (1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for believing— (a) evidence of or relating to the commission or intended commission of an offence under this Act is to be found on a premises, (b) there is or was a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture, equipment or other thing made, used or adapted for use (including manufacture and transport) in connection with a document or record related to a fertiliser, feeding stuff, compound feeding stuff or mineral mixture, or (c) a document or other record related to a thing to which paragraph (a) or (b) refers is or may be on the premises, the judge may issue a search warrant.
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(2)A search warrant under this section shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary, at any time, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter (if necessary by use of reasonable force) the premises, vehicle, vessel or aircraft named in the warrant.
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(3)If a premises is entered under a warrant issued under this section, an authorised officer so entering may exercise all or any of the powers conferred on an authorised officer under this Act.”.
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Prosecution of offences - Act of 1955 63. The following section is substituted for section 12 of the Act of 1955: “12. (1) Proceedings or an offence under this Act may be brought and prosecuted summarily by the Minister.
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(2)Notwithstanding section 10
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(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.”.
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Penalties - Act of 1955 64. The Act of 1955 is amended by substituting— (a) in section 2(4), “a class A fine” for “a fine not exceeding twenty-five pounds”, (b) for subsection (3) of section 4 the following: “(3) A person who contravenes a regulation under this section commits an offence and is liable on summary conviction to a class A fine.”, (c) for subsection (6) of section 5 the following: “(6) A person who commits an offence under this section is liable on summary conviction to a class A fine.”, (d) in section 6(3), “a class A fine” for “a fine not exceeding twenty-five pounds”, (e) in section 7(2), “a class A fine” for “a fine not exceeding twenty-five pounds”, and (f) in section 9, “a class A fine” for “a fine not exceeding fifty pounds”.
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SCHEDULE Sections 10 , 11 , 12
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(2), 13
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(1), 18
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(7), 21
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(1)and 23
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(6)
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Part 1
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Routes of Retail Options for designation of route of retail in the terms of a marketing authorisation 1. ‘Prescription Only’ — a veterinary medicinal product designated “prescription only” may only be retailed by— (a) a pharmacist from a pharmacy in accordance with a veterinary prescription for the product, (b) a veterinarian where the animal to which the product is to be administered is under his or her care and he or she has issued a veterinary prescription for the veterinary medicinal product, or (c) subject to regulations made under section 12
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(2), a retail responsible person from a premises to which a retailer’s licence relates, if the person has a veterinary prescription relating to the veterinary medicinal product in his or her possession or it is accessible on the national database.
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2.‘Prescription Only Exempt’ — a veterinary medicinal product designated “prescription only exempt” may only be retailed by— (a) a pharmacist from a pharmacy, (b) a veterinarian where the animal to which the product is to be administered is under his or her care, or (c) subject to regulations made under section 12
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(2), a retail responsible person from a pharmacy or premises to which a retailer’s licence relates.
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3.‘Licensed Retailer’ — a veterinary medicinal product designated “licensed retailer” may only be retailed— (a) by a pharmacist or a retail responsible person from a pharmacy, (b) by a veterinarian where the animal to which the product is to be administered is under his or her care, or (c) by a retail responsible person from a premises to which a retailer’s licence relates.
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4.‘Companion Animal Medicine’ — a veterinary medicinal product designated “companion animal medicine” may only be retailed— (a) from a pharmacy, (b) from a veterinary premises to which a certificate of suitability granted under section 109 of the Act of 2005 applies, (c) from a premises to which a retailer’s licence relates, or (d) from the premises of a person entered in the Register.
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Part 2
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Symbols denoting Route of Retail A veterinary medicinal product designated: (a) ‘prescription only’ may be denoted by the following symbol:
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POM (b) ‘prescription only exempt’ may be denoted by the following symbol:
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POM(E) (c) ‘licensed retailer’ may be denoted by the following symbol:
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LR (d) ‘companion animal medicine’ may be denoted by the following symbol:
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CAM 1 OJ No. L 4, 7.1.2019, p. 1 2 OJ No. L 4, 7.1.2019, p. 43 3 OJ L 95, 7.4.2017, P. 1-142 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais