# Commission Regulation (EU) 2019/1871 of 7 November 2019 on reference points for action for non-allowed pharmacologically active substances present in food of animal origin and repealing Decision 2005/34/EC (Text with EEA relevance), Article 6: Information exchange and investigations in case of confirmed presence of a prohibited or non-allowed substance

Extent: E+W+S+N.I.

Where the results of official controls, including analytical tests, identify residues of prohibited or non-allowed substances at levels above, equal to or below the reference points for action, the enforcement authority shall carry out the investigations referred to in Articles 137(2) or (3) of Regulation (EU) 2017/625 and the assimilated law which transposed Articles 13, 16(2), 17 and 22 to 24 of Directive 96/23/EC, to determine whether there has been illegal treatment with a prohibited or non-allowed pharmacologically active substance.
In the event of established non-compliance, the enforcement authority shall take one or more actions referred to in Article 138 of Regulation (EU) 2017/625 and the assimilated law which transposed Articles 15(3), 17 and 23 to 25 of Directive 96/23/EC.
The enforcement authority shall retain a record of the findings. Where the results of official controls, including analytical tests on foods of animal origin from the same operator, show a recurrent pattern pointing to suspicion of non-compliance related to one or several prohibited or non-allowed substances from a particular origin, the enforcement authority must (in a case where the enforcement authority is not also the appropriate authority) immediately inform the appropriate authority and the enforcement authorities of the other constituent nations of Great Britain and the equivalent authority in Northern Ireland.
Where the recurrent pattern concerns imported food, the Secretary of State shall bring this to the attention of the competent authority of the country or countries of origin.
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In this Article—
“appropriate authority” means—
(a)as regards England, the Secretary of State;
(b)as regards Scotland, the Scottish Ministers;
(c)as regards Wales, the Welsh Ministers;
“enforcement authority” has the meaning given in—
(a)as regards England and Scotland, regulation 2 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015;
(b)as regards Wales, regulation 2 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019.

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Source: https://www.legislation.gov.uk/eur/2019/1871/article/6 (the official version)
Page: https://openlegislation.uk/eu-regulation-2019-1871/article-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.