Dáil Éireann debate -
Tuesday, 13 Feb 2001

Vol. 530 No. 3

Written Answers. - Cross-Border Trade.

Seymour Crawford

Question:

122 Mr. Crawford asked the Minister for Agriculture, Food and Rural Development if a cross-Border co-operative can sell dry cow tubes or mastitis tubes to Northern Ireland based milk suppliers (details supplied); if not, the regulation under which this practice is prohibited; and if he will make a statement on the matter. [4045/01]

Minister for Agriculture, Food and Rural Development (Mr. Walsh)

A retailer licensed under the Animal Remedies Regulations, 1996, may not lawfully sell any animal remedy, which definition includes dry cow tubes and mastitis tubes, to any destination outside of the State. No exception is made under this legislation for such sales made by a co-operative to its suppliers in another jurisdiction such as Northern Ireland.

The legal basis for this prohibition is Regulation 31(6)(a)(iii) of the Animal Remedies Regulations, 1996, which provides that the holder of a retail licence is prohibited from selling an animal remedy other than in accordance with the provisions of the marketing authorisation issued for the product. In the case of the products in question, the marketing authorisations are valid only in the State and in addition the mandatory route of supply on the packaging – licensed merchant – is valid only in the State. In Northern Ireland, such products are subject to supply only on veterinary prescription. Consequently, sales of such products to destinations outside the State would be in breach of the aforementioned legislation. While the question of any further offences which such sales might constitute in relation to UK legislation is a matter for the authorities there, I would nonetheless add that I would expect that any responsible seller of animal remedies, be it a co-operative or otherwise, would not sell into another jurisdiction a product which is not authorised there and which may breach rules of that jurisdiction governing route of supply.

I draw the attention of the Deputy to the fact that the products referred are also subject to further regulation under the Poisons Regulations, 1982, as amended, which legislation is the responsibility of my colleague the Minister for Health and Children.