S.L. 437.64 Art. 10Possession and use of substances by authorised persons.

(1) The competent authority shall administer the possession of substances referred to in rules 4 and 5(a) to the persons authorised by any other law in accordance with Article 1(5) of European Directive 81/851EEC during the period of importation, manufacture, storage, distribution, sale and use of such substances.

(2) The Authority shall also without prior notice, in addition to the checks provided for in the Orders governing the placing on the market of the various products in question, carry out official checks provided for in Article 11 of Directive 96/23/EEC with a view to ascertaining:

(a) the possession or presence of substances or products prohibited under rule 5, intended to be administered to animals for the purpose of fattening;

(b) the illegal treatment of animals;

(c) failure to observe the withdrawal periods provided for in regulation 8;

(d) failure to observe the restrictions on the use of certain substances or products laid down in rule 6.

(3) The tests for the presence of the substances referred to in sub-rule (1) in animals, in the drinking water of animals and in all places where animals are bred or kept, residues of the aforementioned substances in live animals, their excrement and body fluids and in animal tissues and products, shall be carried out in accordance with Annexes III and IV to Directive 96/23/EEC.

(4) Where the checks provided for in sub-rules (2) and (3) reveal the presence of substances or products the use or possession of which is prohibited, or the presence of residues of substances the administering of which comes under the heading of illegal treatment, such substances or products are confiscated, while any animals treated or the meat therefrom is placed under official supervision until the requisite penalties have been applied.

(5) Where failure to comply with the requirements of sub-rule (2)(b) and (c) results, the Authority shall take such appropriate measures in conformity with the gravity of the law infringement.