{
  "url": "https://openlegislation.uk/eu-regulation-2019-2090/article-5",
  "json_url": "https://openlegislation.uk/eu-regulation-2019-2090/article-5.json",
  "legislation": "eur/2019/2090",
  "legislation_title": "Commission Delegated Regulation (EU) 2019/2090 of 19 June 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and Council regarding cases of suspected or established non-compliance with Union rules applicable to the use or residues of pharmacologically active substances authorised in veterinary medicinal products or as feed additives or with Union rules applicable to the use or residues of prohibited or unauthorised pharmacologically active substances (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2019-2090",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Follow-up on residues of pharmacologically active substances authorised in veterinary medicinal products or as feed additives, exceeding the applicable maximum residue limits or maximum levels",
  "text": "1. Where the maximum residue limits for pharmacologically active substances authorised in veterinary medicinal products or as feed additives, set on the basis of Regulation (EC) No 470/2009 and Regulation (EC) No 1831/2003 have been exceeded or, where the maximum levels for residues of pharmacologically active substances resulting from the unavoidable carry-over of these substances in non-target feed, set on the basis of Regulation (EEC) No 315/93, have been exceeded, the competent authority shall:\ndeclare the carcases and products concerned by the non-compliance unfit for human consumption and order the operator to dispose of all products as category 2 material, as laid down in Regulation (EC) No 1069/2009;\ntake any other measures necessary to safeguard public health, which may include prohibiting animals from leaving the farm concerned or products from leaving the farm or establishment concerned for a set period;\norder that the operator takes appropriate action to address the causes of the non-compliance;\nperform additional official controls to verify that action taken by the operator, to address the cause of non-compliance is effective. This may include taking as many follow-up samples as considered necessary in relation to animals or products from the same farm or establishment.\n2. In the event of repeated non-compliance by the same operator, the competent authority shall perform regular additional official controls, including sampling and analysis, on the animals and products from the operator concerned for a period of at least six months from the date on which the second non-compliance was established. It shall also order the operator to ensure that the concerned animals and the carcases, meat, offal, by-products, milk, eggs and honey from these animals are kept separate from other animals, that they do not leave the farm or establishment of origin and are not handed over to any other person without prior authorisation of the competent authority.\n3. If the operator fails to take all necessary measures to comply with the orders of the competent authority in accordance with this Article, the competent authority shall take measures having the same effect, at the expense of the operator.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2019/2090/article/5",
    "retrieved_at": "2026-11-01T14:42:57.233170+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}