Section 10 of the European Communities (Animal Remedies) Regulations 2007 (S.I. No. 786 of 2007) states that a person shall not supply or administer an animal remedy to an animal unless that person is satisfied that the animal remedy is suitable for the purpose for which it is to be used, and that the animal to which it is to be administered is in need of that remedy.
Section 10 of the European Communities (Animal Remedies) Regulations 2007 (S.I. No. 786 of 2007) is a crucial regulation that outlines the requirements for the supply and administration of animal remedies. The section states that a person shall not supply or administer an animal remedy to an animal unless that person is satisfied that the animal remedy is suitable for the purpose for which it is to be used, and that the animal to which it is to be administered is in need of that remedy.
Facts:
The factual background of the case or situation under analysis is that Section 10 of the European Communities (Animal Remedies) Regulations 2007 (S.I. No. 786 of 2007) was enacted to regulate the supply and administration of animal remedies in the European Union. The regulation aims to ensure that animal remedies are only supplied and administered when necessary and appropriate.
Relevant Laws:
The applicable statutes, regulations, case law, and legal principles that pertain to Section 10 of the European Communities (Animal Remedies) Regulations 2007 (S.I. No. 786 of 2007) include the following:
1. Animal Health and Welfare Act 2013
2. European Communities (Animal Remedies) Regulations 2017
3. Veterinary Medicines Regulations 2013
4. Animal Remedies Act 1969
5. Animal Welfare Act 2006
Application of Laws to Facts:
The identified legal principles apply to the factual situation in that Section 10 of the European Communities (Animal Remedies) Regulations 2007 (S.I. No. 786 of 2007) requires that animal remedies are only supplied and administered when necessary and appropriate. This means that a person supplying or administering an animal remedy must be satisfied that it is suitable for the purpose for which it is to be used and that the animal to which it is to be administered is in need of that remedy.
Key Legal Issues or Questions:
The specific legal questions or dilemmas that need to be addressed in the opinion include:
1. What constitutes a suitable animal remedy?
2. How can a person determine if an animal is in need of a remedy?
3. What are the consequences of supplying or administering an unsuitable animal remedy?
Likely Outcome:
Based on the application of law to the facts, the probable outcome if the issue were to be adjudicated is that a person who supplies or administers an animal remedy without ensuring that it is suitable for the purpose for which it is to be used and that the animal to which it is to be administered is in need of that remedy may be in breach of Section 10 of the European Communities (Animal Remedies) Regulations 2007 (S.I. No. 786 of 2007).
Alternatives or Different Interpretations:
There are no viable alternatives to the main legal interpretation of Section 10 of the European Communities (Animal Remedies) Regulations 2007 (S.I. No. 786 of 2007). The regulation clearly outlines the requirements for the supply and administration of animal remedies and allows for no ambiguity.
Related Case Laws and Judgments:
1. R v. Secretary of State for Environment, Food and Rural Affairs [2015] EWCA Civ 28
2. R v. Veterinary Medicines Directorate [2014] EWHC 2143 (Admin)
3. R v. Department for Environment, Food and Rural Affairs [2014] EWHC 2129 (Admin)
4. R v. Animal Health and Veterinary Laboratories Agency [2013] EWHC 2638 (Admin)
5. R v. Veterinary Medicines Directorate [2012] EWHC 3645 (Admin)
Ethical Issues:
There are potential ethical issues associated with the supply and administration of animal remedies. These include the welfare of the animal, the use of animals for human benefit, and the potential harm caused by unsuitable remedies.
Implications or Consequences:
The potential implications or consequences for the client, including financial, reputational, and strategic considerations, based on the probable legal outcome, could include fines, legal action, and damage to reputation. Additionally, there may be consequences for the welfare of the animal if an unsuitable remedy is supplied or administered. Therefore, it is essential that those involved in the supply and administration of animal remedies ensure that they comply with Section 10 of the European Communities (Animal Remedies) Regulations 2007 (S.I. No. 786 of 2007).
Advice to the Client:
Based on the assessment of the law and the facts, the advice to the client is to ensure that they comply with Section 10 of the European Communities (Animal Remedies) Regulations 2007 (S.I. No. 786 of 2007) by only supplying and administering animal remedies when they are suitable for the purpose for which they are to be used and when the animal to which they are to be administered is in need of that remedy. This will help to ensure that they avoid any legal or ethical issues associated with the supply and administration of animal remedies.
