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Chapter: | 139N
 | Title: | PUBLIC HEALTH (ANIMALS AND BIRDS) (CHEMICAL RESIDUES) REGULATION | Gazette Number: | L.N. 274 of 2001 |
| Section: | 17 | Heading: | Offences and penalties | Version Date: | 31/12/2001 |
(1) A food animal farmer who-
- (a) commits an offence under section 3(1), 5(1), 6 or 11(1) or (2) is liable to a fine at level 6;
(b) contravenes the provisions of section 7(1) commits an offence and is liable to a fine at level 5;
(c) contravenes an order made under section 9(1) or (3) or 10(1) or a direction made under section 10(2) commits an offence and is liable to a fine at level 6.
- (a) commits an offence under section 3(2), 5(2) or 11(3) or (4) is liable to a fine at level 6;
(b) contravenes an order made under section 9(1) or (3) or 10(1) or a direction made under section 10(2) commits an offence and is liable to a fine at level 6;
(c) contravenes the provisions of section 16(1), (2), (3) or (4) commits an offence and is liable to a fine at level 3;
(d) commits an offence under section 16(5) is liable to a fine at level 3.
- (a) contravenes the provisions of section 7(2) or 13(1) commits an offence and is liable to a fine at level 5;
(b) contravenes the provisions of section 8 commits an offence and is liable to a fine at level 6;
(c) commits an offence under section 7(3)(a) or (b) or 13(3) is liable to a fine at level 5;
(d) commits an offence under section 12(1) or (2) is liable to a fine at level 6;
(e) contravenes an order made under section 14(1) or 15(1) or a direction made under section 15(2) commits an offence and is liable to a fine at level 6.
(5) In any proceedings for an offence against section 12(1) or (2), it shall be a defence (in addition to any other defence that may be provided under this section) for the defendant to prove that-
- (a) in the case of section 12(1), he did not know and had no reason to suspect that the article he supplies or offers to supply is a prohibited chemical; and
(b) in the case of section 12(2), he did not know and had no reason to suspect that the fodder he supplies or offers to supply contains or is mixed with a prohibited chemical.
(7) A person does not commit an offence under section 11(1) or (3) or 12(1) if he proves that-
- (a) the chemical has been prescribed by a registered veterinary surgeon for administration to food animals;
(b) the chemical has been prescribed by a registered medical practitioner or a registered dentist for the treatment of human disease; or
(c) the chemical is contained in a medicine or pharmaceutical product registered under the Pharmacy and Poisons Ordinance (Cap 138) and the medicine or pharmaceutical product-
- (i) is packed in the container as originally supplied by the manufacturer; and
(ii) can be supplied without a prescription given by a registered medical practitioner, a registered dentist or a registered veterinary surgeon according to the Antibiotics Ordinance (Cap 137) or the Pharmacy and Poisons Ordinance (Cap 138).