Fenton is scheduled to appear at a County Tipperary court on Thursday to answer charges brought about by the Irish Department of Agriculture, Food and the Marine following an inspection of his yard on January 18, 2012.
Gigginstown’s racing manager, Eddie O’Leary, said the case against Fenton was "an absolute storm in a teacup".
He told Press Association Sport: "I spoke to Philip on Monday and he’s more embarrassed than anything else. We should remember that this all happened two and a half years ago.
Funny Mr O’Leary I thought two and a half years was 30 months not 25.