Number 10 of 1930.
AGRICULTURAL PRODUCE (FRESH MEAT) ACT, 1930.
ARRANGEMENT OF SECTIONS
PRELIMINARY.
Section | |
REGISTRATION OF PREMISES AND LICENSING OF EXPORTERS.
Special provisions where notice requires repair, etc., of premises. | |
Prohibition of employment of certain persons on registered premises. | |
REGULATIONS AS TO SLAUGHTERING ANIMALS AND THE PREPARATION, ETC., OF FRESH MEAT AND OFFALS.
Regulations as to condition of fresh meat at the time of export. | |
VETERINARY EXAMINATION AND CERTIFICATION OF FRESH MEAT.
Authority of veterinary officer of local sanitary authority to act as veterinary examiner. |
EXPORT OF FRESH MEAT, OFFALS, DEAD RABBITS, AND DEAD POULTRY.
Prohibition of export of carcases within certain minimum limits of weight. | |
Inspection, etc., of fresh meat, offals, dead rabbits and dead poultry. | |
MISCELLANEOUS AND GENERAL.
Rules for Computing Exporter's Half-Yearly Fees.
Acts Referred to | |
No. 5 of 1925 | |
Number 10 of 1930.
AGRICULTURAL PRODUCE (FRESH MEAT) ACT, 1930.
PRELIMINARY.
Short title.
1.—This Act may be cited as the Agricultural Produce (Fresh Meat) Act, 1930.
Commencement of this Act.
2.—(1) This Act, in so far as it applies or relates to beef, veal and the offals of cattle, shall come into operation on such day as shall be fixed for that purpose by order of the Minister.
(2) This Act, in so far as it applies or relates to pork and the offals of pigs, shall come into operation on such day as shall be fixed for that purpose, by order of the Minister.
(3) This Act, in so far as it applies or relates to mutton and lamb and the offals of sheep, shall come into operation on such day as shall be fixed for that purpose by order of the Minister.
(4) This Act, in so far as it applies or relates to horse-flesh and the offals of horses, shall come into operation on such day as shall be fixed for that purpose by order of the Minister.
(5) This Act, in so far as it applies or relates to goat-flesh and the offals of goats, shall come into operation on such day as shall be fixed for that purpose, by order of the Minister.
(6) This Act, in so far as it applies or relates to dead rabbits, shall come into operation on such day as shall be fixed for that purpose by order of the Minister.
(7) This Act, in so far as it applies or relates to dead poultry, shall come into operation on such day as shall be fixed for that purpose by order of the Minister.
Definitions.
3.—In this Act—
the expression “the Minister” means the Minister for Agriculture;
the word “inspector” includes any person authorised in writing (either generally or for a special purpose) by the Minister to exercise all or any of the powers and perform all or any of the duties conferred or imposed on an inspector by this Act;
the expression “veterinary examiner” means a person appointed by the Minister to be a veterinary examiner for the purposes of this Act;
the expression “veterinary inspector” means an officer of the Minister authorised in writing (either generally or for a special purpose) by the Minister to exercise all or any of the powers and perform all or any of the duties conferred or imposed on a veterinary inspector by this Act;
the expression “local slaughter-house authority” means the local authority having in the place in relation to which the expression is used powers of registering and licensing slaughter-houses;
the expression “local sanitary authority” means a sanitary authority for the purpose of the Public Health (Ireland) Acts, 1878 to 1919, as amended by the Local Government Acts, 1925 and 1927;
the word “cattle” means and includes a bull, cow, bullock, heifer and calf;
the word “pig” means and includes a boar, sow, hog and bonham;
the word “sheep” means and includes a ram, ewe, wether and lamb;
the word “horse” means and includes a stallion, mare, gelding, foal colt and filly;
the word “goat” means and includes a male goat, a female goat, and a kid;
the word “animals” means and includes cattle, pigs, sheep, horses and goats;
the expression “fresh meat” means and includes beef, veal, pork, mutton and lamb, horse-flesh and goat-flesh;
the word “offals” means and includes all entrails, fat and parts of an animal other than the dressed carcase which are capable of use for food for human consumption;
the word “rabbit” includes a Belgian hare;
the word “poultry” means and includes domestic fowls, turkeys, geese and ducks;
the word “consignment” includes the whole or one or more portions of a dressed carcase for export;
the word “package” includes any wrapper, case, container, cask or other receptacle containing or capable of containing offals for export;
the word “prescribed” means prescribed by regulations made under this Act.
Part I.
Registration of Premises and Licensing of Exporters.
Definitions in relation to Part I.
4.—In this Part of this Act and in the Schedule to this Act—
the word “year” means the period of twelve months commencing on any 1st day of July in any year and ending on the next following 30th day of June;
the expression “half-year” means a period of six months commencing either on the 1st day of July or the 1st day of January.
Registers of premises to be kept by Minister.
5.—(1) The Minister shall cause to be kept—
(a) a register (to be called and known as the register of cattle slaughtering premises) of premises in Saorstát Eireann in which the business of slaughtering cattle and of preparing and packing for export beef and veal and offals of cattle is carried on; and
(b) a register (to be called and known as the register of pig slaughtering premises) of premises in Saorstát Eireann in which the business of slaughtering pigs and of preparing and packing for export pork or the offals of pigs or both pork and the offals of pigs is carried on; and
(c) a register (to be called and known as the register of sheep slaughtering premises) of premises in Saorstát Eireann in which the business of slaughtering sheep and of preparing and packing for export mutton and lamb and the offals of sheep is carried on; and
(d) a register (to be called and known as the register of horse slaughtering premises) of premises in Saorstát Eireann in which the business of slaughtering horses and of preparing and packing for export horse-flesh and the offals of horses is carried on; and
(e) a register (to be called and known as the register of goat slaughtering premises) of premises in Saorstát Eireann in which the business of slaughtering goats and of preparing and packing for export goat-flesh and the offals of goats is carried on; and
(f) a register (to be called and known as the register of crating premises) of premises in Saorstát Eireann in which the business of crating for export beef, pork, mutton and lamb or any of them and no other business is carried on.
(2) There shall be entered in the said registers in respect of all premises registered therein the following particulars, that is to say:—
(a) the full name and description of the proprietor (in this Act referred to as the registered proprietor) of the premises; and
(b) a description of the situation of the premises sufficient to identify the same and the limits and extent thereof.
(3) Subject to the provisions of this Act in relation to the registration of premises in any particular register, premises registered in the register of cattle slaughtering premises, or in the register of pig slaughtering premises, or in the register of sheep slaughtering premises or in the register of goat slaughtering premises shall be capable of being registered in any other or others of those registers but shall not be capable of being registered in the register of horse slaughtering premises or the register of crating premises.
(4) Premises registered in the register of horse slaughtering premises and premises registered in the register of crating premises shall not be capable of being registered in any other register.
(5) In this Act premises registered in the register of cattle slaughtering premises, premises registered in the register of pig slaughtering premises, premises registered in the register of sheep slaughtering premises, premises registered in the register of horse slaughtering premises, premises registered in the register of goat slaughtering premises and premises registered in the register of crating premises are referred to respectively as registered cattle slaughtering premises, registered pig slaughtering premises, registered sheep slaughtering premises, registered horse slaughtering premises, registered goat slaughtering premises and registered crating premises.
(6) In this Act—
the expression “registered premises” means premises registered in any register kept by the Minister in pursuance of this section:
the expression “register of slaughtering premises” means and includes any register kept by the Minister in pursuance of this section other than the register of crating premises; and
the expression “registered slaughtering premises” means and includes premises registered in any register of slaughtering premises.
Conditions of registration of slaughtering premises.
6.—(1) The Minister shall, before registering premises in any register of slaughtering premises, be satisfied that such premises comply with the following conditions (in this Act referred to as the general conditions of cleanliness and suitability of slaughtering premises), that is to say:—
(a) that such premises and the equipment, fittings and appliances therein are in a state of cleanliness and good repair; and
(b) that such premises are situated in such a position and used in such a manner as to prevent the exposure of fresh meat and offals prepared therein to any effluvium from any drain, cesspool, refuse heap or other source of contamination; and
(c) that such premises are provided with adequate facilities for the proper disposal of blood, washings and waste; and
(d) that there is available on such premises such adequate supply of good and wholesome water as may from time to time be reasonably necessary; and
(e) that adequate facilities are provided on such premises for the veterinary examination of animals ante mortem and post mortem and of the viscera thereof; and
(f) that locked up accommodation is provided on such premises for the safe custody of certificates, marks, records and equipment; and
(g) that adequate facilities are provided on or in respect of such premises for the penning and resting of animals before slaughter.
(2) Before registering any premises in a register of slaughtering premises the Minister shall also be satisfied that the following conditions (in this Act referred to as the particular conditions of suitability of slaughtering premises) are complied with, that is to say:—
(a) that such premises are structurally suited for carrying on the business of slaughtering the particular class of animal for the slaughter of which such premises are proposed to be registered and of preparing for export fresh meat and offals derived from that class of animal; and
(b) that such premises are equipped with the plant and equipment prescribed for premises registered in the register in which such premises are proposed to be registered; and
(c) that there are employed on such premises one or more persons skilled in the slaughtering of the animals for the slaughter of which such premises are proposed to be registered and preparing the fresh meat and offals derived from such animals.
(3) The Minister shall, before registering premises in any register of slaughtering premises, consult the local slaughter-house authority (if any) concerning such registration.
Conditions of registration of crating premises.
7.—The Minister shall, before registering premises in the register of crating premises, be satisfied that such premises comply with the following conditions (in this Act referred to as the conditions of cleanliness and suitability of crating premises), that is to say:—
(a) that such premises are structurally suited for carrying on the business of crating pork, mutton and lamb for export; and
(b) that such premises and crates and materials used for crating are in a state of cleanliness and good repair; and
(c) that such premises are situated in such a position and used in such a manner as to prevent the exposure of fresh meat crated therein to any cause of contamination or deterioration.
Application for registration of premises.
8.—(1) Every application for the registration of any premises under this Part of this Act shall be made by the proprietor thereof in writing in the prescribed form and manner and shall contain the prescribed particulars.
(2) Whenever an application is made under this section for the registration of any premises, the Minister shall cause such premises to be inspected by an inspector.
(3) Before refusing an application for the registration of any premises under this Part of this Act, the Minister shall send by post to the applicant at his address as stated in the application one fortnight's notice of the Minister's intention to refuse such application and of the reasons for such refusal and shall consider any representations made by the applicant before the expiration of such notice.
Fees payable in respect of registration of premises.
9.—There shall be paid to the Minister by the person applying for the registration of premises in any register kept in pursuance of this Part of this Act the fee of one pound and the payment of such fee shall be a condition precedent to the entertainment of the application by the Minister.
Provisional registration of slaughtering premises.
10.—(1) Where an application is made, before or within twelve months after the commencement of this Act, for the registration of any premises in a register of slaughtering premises and the Minister is not satisfied that such premises comply with the general conditions of cleanliness and suitability of slaughtering premises or the appropriate particular conditions of suitability of slaughtering premises the Minister may, if he so thinks fit, provisionally register such premises in such register for such period not exceeding twelve months as he shall think proper and shall specify at the time of such registration.
(2) Premises provisionally registered under this section in a register of slaughtering premises shall, while they continue to be so registered, be deemed for all the purposes of this Act to be registered in such register in accordance with this Act and this Act shall apply to and have effect in relation to such premises accordingly.
(3) Where any premises are provisionally registered under this section in a register of slaughtering premises and the Minister, before the expiration of the period for which such premises were so registered, is satisfied that such premises have been brought into compliance with the general conditions of cleanliness and suitability of slaughtering premises and the appropriate particular conditions of suitability of slaughtering premises, he may, before the expiration of the said period, confirm such provisional registration, and thereupon such premises shall become and be registered in such register as fully in all respects as if they had, on the date of such provisional registration, been registered in such register under this Part of this Act other than this section.
(4) Where any premises are provisionally registered under this section in a register of slaughtering premises and such provisional registration is not confirmed under this section before the expiration of the period for which such premises were so registered, such premises shall, at the expiration of the said period, cease to be registered in, and shall be removed from such register and shall not again be provisionally registered under this section in such register.
Registered licensees of registered slaughtering premises.
11.—(1) Where a person who is not the registered proprietor of particular registered slaughtering premises has entered into an agreement with the registered proprietor of such premises whereby such registered proprietor agrees to permit such person to use such premises for the purpose of slaughtering animals which are the property of such person and of the kind for the slaughter of which such premises are registered and preparing and packing therein for export the fresh meat and offals derived from such animals the Minister may, upon the application of such person and after consultation with the local slaughterhouse authority (if any) enter in respect of such premises in the register of slaughtering premises in which such premises are registered the full name and address of such person, and a person whose name and address are for the time being so entered in respect of any such premises is in this Act referred to as a registered licensee of such premises.
(2) Every application for registration as a registered licensee under this section shall be in the prescribed form and shall contain the prescribed particulars.
(3) There shall be paid to the Minister by every person applying for registration as a registered licensee under this section the fee of one pound and the payment of such fee shall be a condition precedent to the entertainment of the application by the Minister.
(4) An entry made under this section in any register kept in pursuance of this Part of this Act of any person as registered licensee of premises registered in such register shall be removed from such register on the determination of the agreement in virtue of which such person was entered as registered licensee of such premises.
Licensed exporters.
12.—(1) The Minister may grant, in respect of any premises registered in the register of cattle slaughtering premises, to any person who is either the registered proprietor or a registered licensee of such premises a licence (in this Act referred to as a beef exporter's licence) in the prescribed form to export beef and veal and the offals of cattle.
In this Act the expression “licensed beef exporter” means a person who is for the time being the holder of a beef exporter's licence for the time being in force.
(2) The Minister may grant, in respect of any premises registered in the register of pig slaughtering premises, to any person who is either the registered proprietor or a registered licensee of such premises a licence (in this Act referred to as a pork exporter's licence) in the prescribed form to export pork and the offals of pigs.
In this Act the expression “licensed pork exporter” means a person who is for the time being the holder of a pork exporter's licence for the time being in force.
(3) The Minister may grant, in respect of any premises registered in the register of sheep slaughtering premises, to any person who is either the registered proprietor or a registered licensee of such premises a licence (in this Act referred to as a mutton exporter's licence) in the prescribed form to export mutton and lamb and the offals of sheep.
In this Act the expression “licensed mutton exporter” means a person who is for the time being the holder of a mutton exporter's licence for the time being in force.
(4) The Minister may grant, in respect of any premises registered in the register of horse slaughtering premises, to any person who is either the registered proprietor or a registered licensee of such premises a licence (in this Act referred to as a horse-flesh exporter's licence) in the prescribed form to export horse-flesh and the offals of horses.
In this Act the expression “licensed horse-flesh exporter” means a person who is for the time being the holder of a horseflesh exporter's licence for the time being in force.
(5) The Minister may grant, in respect of any premises registered in the register of goat slaughtering premises, to any person who is either the registered proprietor or a registered licensee of such premises a licence (in this Act referred to as a goat-flesh exporter's licence) in the prescribed form to export goat-flesh and the offals of goats.
In this Act the expression “licensed goat-flesh exporter” means a person who is for the time being the holder of a goat-flesh exporter's licence for the time being in force.
(6) Every application for a licence under this section shall relate to one licence only and shall be in the prescribed form and shall contain the prescribed particulars.
(7) In this Act the expression “exporter's licence” means any licence granted by the Minister under this section, and the expression “licensed exporter” means a person who is for the time being the holder of an exporter's licence for the time being in force.
(8) A certificate, purporting to be under the hand of an officer of the Minister authorised in that behalf by the Minister, that a person named in such certificate is not the holder of an exporter's licence shall be prima facie evidence of the facts so certified and it shall not be necessary to prove the signature of such officer or that he was, in fact, such officer or was so authorised.
Fees on exporter's licences.
13.—(1) On every application for an exporter's licence there shall be paid to the Minister by the applicant a deposit of twelve pounds ten shillings, returnable to the applicant if his application is refused, and the payment of such deposit shall be a condition precedent to the grant of such licence, and upon the grant of such licence the said deposit shall be retained by the Minister and applied in accordance with this section.
(2) Every person who holds or has held an exporter's licence shall, for every half-year during which or any part of which he held one or more exporter's licences, pay to the Minister—
(a) where such person so held either one exporter's licence only or two or more such licences all granted in respect of the same registered slaughtering premises, a fee (in this Act referred to as an exporter's half-yearly fee) computed according to the rules in the Schedule to this Act, or
(b) where such person so held two or more exporter's licences and such licences were not all granted in respect of the same registered slaughtering premises, a fee (in this Act included in the expression “exporter's half-yearly fee”) computed as aforesaid for each registered slaughtering premises in respect of which any one or more of such licences was or were granted.
(3) Every deposit paid under sub-section (1) of this section by an applicant for an exporter's licence shall be allowed as a payment on account of the first exporter's half-yearly fee payable by such applicant after the grant of such licence in respect of the registered slaughtering premises in respect of which such licence is granted, and if such deposit or deposits is or are greater than such fee, the difference shall be allowed as a payment on account of the next exporter's half-yearly fee payable by such applicant in respect of the same registered slaughtering premises.
(4) As soon as may be after the expiration of every half-year the Minister shall ascertain, in respect of every person who during the whole or any part of such half-year held one or more exporter's licences, the amount of the exporter's half-yearly fee or of each of such fees payable by such person for such half-year.
(5) Where all the exporter's licences held by a person in respect of the same registered slaughtering premises are revoked by the Minister under this Act, the exporter's half-yearly fee payable by such person in respect of such premises for the half-year then current, shall, if the Minister so directs, be ascertained immediately upon such revocation and not under the foregoing sub-section.
(6) Where an exporter's licence is held by two or more persons in succession during a half-year, such licence shall, for the purposes of this section and the Schedule to this Act, be deemed to have been held during the whole of such half-year by the person who last holds the same during such half-year and not to have been held by any other person at any time during such half-year.
(7) When and so soon as the amount of any exporter's half-yearly fee has been ascertained under the foregoing provisions of this section, the Minister shall, unless the whole of such fee is discharged by a deposit or deposits required by this section to be allowed as a payment on account thereof, issue a certificate (in this section referred to as a certificate of indebtedness) in the prescribed form certifying the half-year for which such fee is payable, the person by whom and the registered slaughtering premises in respect of which such fee is payable, and the amount of such fee or (where the circumstances so require) the amount payable in respect of such fee after deducting from such fee such sum as is required by this section to be allowed as a payment on account thereof.
(8) Every certificate of indebtedness shall be conclusive evidence of all matters purported to be certified therein and any document purporting to be a certificate of indebtedness issued under this section shall, on production thereof in any proceedings to recover the amount thereby certified to be payable, be deemed until the contrary is proved to be a certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly.
(9) As soon as may be after the issue of a certificate of indebtedness, a copy thereof shall be served by post on the person thereby certified as liable to pay the fee the subject thereof and immediately upon such service the amount certified by such certificate as payable by such person shall become and be payable by such person to the Minister and shall, after the expiration of four weeks from such service, be recoverable by the Minister as a civil debt in any court of competent jurisdiction.
(10) If a person who is a licensed exporter fails or neglects to pay the amount certified by a certificate of indebtedness to be payable by him within four weeks after the service of a copy of such certificate on him, the Minister may revoke the exporter's licence or all the exporter's licences held by such person in respect of the registered slaughtering premises in relation to which such amount is, payable, but such revocation shall not relieve such person from liability to pay the said amount.
(11) Where an exporter's licence is revoked under the foregoing sub-section of this section and the holder of such licence is also the registered proprietor of the premises in respect of which such licence was granted, the registration of such premises in the register or all the registers in which such premises are registered under this Act shall, by virtue of this sub-section, be cancelled as from the expiration of the year current when the revocation of such licence took place, and such premises shall not be again registered in such register or any of such registers so long as the amount or any part of the amount the non-payment of which occasioned such revocation remains unpaid.
Devolution of licence on death.
14.—Where a licensed exporter dies, the exporter's licence then held by him shall devolve on his legal personal representative as part of his personal estate.
Transfer of exporter's licence.
15.—The Minister may, on the application of a licensed exporter or the legal personal representative of a deceased licensed exporter, transfer the exporter's licence held by such licensed exporter to another person, but an exporter's licence shall not be so transferred to a person who at the date of such transfer is neither the registered proprietor nor the registered licensee of the premises in respect of which such licence was granted.
Rectification and revocation of exporter's licences.
16.—(1) The Minister may at any time alter or revoke an exporter's licence upon the application of the holder of such licence or in the case of an individual, the personal representative or in the case of an incorporated body, the liquidator of the holder of such licence.
(2) The Minister may at any time, without any such application, revoke an exporter's licence if he is satisfied—
(a) that such licence was procured by fraud or by misrepresentation whether fraudulent or innocent; or
(b) that the premises in respect of which such licence was granted—
(i) have, in case such licence is a beef exporter's licence, ceased to be registered in the register of cattle slaughtering premises; or
(ii) have, in case such licence is a pork exporter's licence, ceased to be registered in the register of pig slaughtering premises; or
(iii) have, in case such licence is a mutton exporter's licence, ceased to be registered in the register of sheep slaughtering premises; or
(iv) have, in case such licence is a horse-flesh exporter's licence, ceased to be registered in the register of horse slaughtering premises; or
(v) have, in case such licence is a goat-flesh exporter's licence, ceased to be registered in the register of goat slaughtering premises; or
(c) that the holder of such licence was the registered licensee of the premises in respect of which such licence was granted and has ceased to be such registered licensee; or
(d) that the holder of such licence, if an individual, has died or, if an incorporated body, has been dissolved and that such licence has not been transferred by the Minister under this Act to another person within three months after such death or dissolution; or
(e) that the holder of such licence has been adjudicated a bankrupt; or
(f) that in the opinion of the Minister there has been any contravention (whether by way of commission or omission) of this Act or any regulations made thereunder by the holder of such licence.
(3) Before revoking (otherwise than in accordance with an application in that behalf made under this section) an exporter's licence, the Minister shall give at least one fortnight's notice in writing of his intention so to revoke such licence to the holder thereof or his personal representative (if any) or its liquidator (as the case may be), and shall consider any representations made before the expiration of such notice by such holder or personal representative or liquidator (as the case may be), and may if he thinks fit cause an inquiry to be held in relation to the matter.
(4) A notice of the Minister's intention to revoke or alter an exporter's licence may be served by delivering it to the person to whom it is addressed or by leaving it with a person over sixteen years of age on the registered premises in respect of which such licence was granted or by sending it by registered post to the person to whom it is addressed at his last known place of abode.
(5) Where an exporter's licence has been revoked by the Minister under this section, the Minister may at any time thereafter refuse to grant an exporter's licence to the person who was the holder of such first-mentioned licence immediately before the revocation thereof.
Exporter's permits.
17.—(1) Where owing to special circumstances existing at the time the Minister considers it desirable so to do, he may grant to any person, to whom he could under this Part of this Act grant an exporter's licence to export fresh meat and offals of a particular kind, a permit (in this section referred to as an exporter's permit) to export fresh meat and offals of that kind during such period not exceeding one month as the Minister shall think proper and shall specify in such permit.
(2) Every exporter's permit to export fresh meat and offals of a particular kind shall during the period for which it is granted be deemed for all the purposes of this Act save as otherwise expressly provided to be an exporter's licence to export fresh meat and offals of that kind and this Act shall apply to and have effect in relation to such exporter's permit accordingly.
(3) Section 13 (which relates to fees on exporter's licences) of this Act shall not apply in relation to an exporter's permit.
(4) There shall be paid in respect of every exporter's permit by the holder thereof at the expiration of such permit a fee (in this section referred to as the permit fee) computed by multiplying the appropriate sum as defined by rule 2 of the Schedule to this Act by the number of animals presented under such permit to a veterinary examiner for examination during the period for which such permit was granted, and for the purpose of such computation sub-rule (3) of rule 4 of the Schedule to this Act shall apply in like manner as it applies for the purposes of that rule.
(5) As soon as may be after the expiration of an exporter's permit the Minister shall ascertain and certify the amount of the permit fee payable in respect of such permit and shall issue a certificate (in this section referred to as a certificate of indebtedness) in the prescribed form certifying the person by whom such fee is payable and the amount of such fee.
(6) Every certificate of indebtedness shall be conclusive evidence of all matters purported to be certified therein and any document purporting to be a certificate of indebtedness issued under this section shall, on production thereof in any proceedings to recover the amount thereby certified to be payable, be deemed until the contrary is proved to be a certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly.
(7) As soon as may be after the issue of a certificate of indebtedness a copy thereof shall be served by post on the person thereby certified as liable to pay the fee the subject thereof and immediately upon such service the amount certified by such certificate as payable by such person shall become and be payable by such person to the Minister and shall, after the expiration of four weeks from such service, be recoverable by the Minister as a civil debt in any court of competent jurisdiction.
Returns by registered proprietors and registered licensees.
18.—(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say:—
(a) the returns to be made by registered proprietors and registered licensees;
(b) the persons to whom such returns are to be made;
(c) the times at which such returns are to be made;
(d) the forms in which such returns are to be made.
(2) Every person, required by regulations made under this section to make any return, who fails or refuses to make such return in accordance in all respects with such regulations shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence, to a fine not exceeding twenty-five pounds.
Records to be kept on registered premises.
19.—(1) It shall be the duty of the registered proprietor of every registered slaughtering premises to keep or cause to be kept in such premises such records as the Minister may, in each individual case, consider satisfactory of all consignments of fresh meat and offals exported from those premises, whether such fresh meat or offals are or are not the property of such registered proprietor, and within twelve hours after the despatch of any such consignment to enter or cause to be entered in such records such particulars as the Minister may require of the fresh meat and offals comprised therein and the name and address of the person to whom and the route by which the same was consigned.
(2) It shall be the duty of every licensed exporter who is not the registered proprietor of the premises in respect of which he is so licensed to keep or cause to be kept in such premises such, records as the Minister may, in each individual case, consider satisfactory of all consignments of fresh meat and offals exported by him or by any other person on his behalf from those premises, and within twelve hours after the despatch of any such consignment to enter or cause to be entered in such records such particulars as the Minister may require of the fresh meat and offals comprised therein and the name and address of the person to whom and the route by which the same was consigned.
(3) It shall be the duty of the registered proprietor of any premises registered in the register of crating premises to keep or cause to be kept in such premises such records as the Minister may, in each individual case, consider satisfactory of all consignments of beef, pork, mutton and lamb crated in such premises, and within twelve hours after the despatch of any such consignment to enter or cause to be entered”in such records such particulars as the Minister may require of the consignment of beef, pork, mutton or lamb comprised therein and the name and address of the exporter and the person to whom and the route by which the same was consigned.
(4) Every record kept in pursuance of this section may be inspected at any time during office hours by an inspector, and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such inspector on demand such record and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) reasonably demanded by such inspector for the purpose of verifying any entry in or explaining any omission from such record.
(5) If any person—
(a) fails to keep or cause to be kept such record as is required by this section to be kept or caused to be kept by him; or
(b) fails to make or cause to be made in such record within the time prescribed by this section any entry required by this section to be made by him therein; or
(c) fails to produce or cause to be produced for inspection by an inspector on demand any record, document, or copy of a document which he is required by this section to produce or obstructs any inspector in the making of such inspection; or
(d) wilfully or negligently makes or causes to be made in such record any entry which is false or misleading in any material particular,
he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
(6) For the purpose of this section—
(a) inspection of a record or document shall include taking copies thereof or extracts therefrom; and
(b) a demand for inspection of a record or other document shall be deemed to have been duly made to the registered proprietor or licensed exporter (as the case may be) if such demand is made verbally on the registered premises to any person in the employment of the registered proprietor or licensed exporter (as the case may be); and
(c) a refusal or failure to produce a record or other document for inspection, if made or committed on the registered premises, by a person in the employment of the registered proprietor or licensed exporter (as the case may be) shall be deemed to have been made or committed by the registered proprietor or licensed exporter (as the case may be); and
(d) the expression “office hours” means any time between the hours of ten o'clock in the morning and five o'clock in the afternoon during which business is being carried on or work is being done on the registered premises.
Evidence of contents of registers.
20.—(1) Every register kept in pursuance of this Part of this Act shall be—
(a) deemed to be in the proper custody when in the custody of the Minister or of an officer of the Minister authorised in that behalf by the Minister, and
(b) admissible in evidence without further proof, on production from the proper custody.
(2) Prima facie evidence of any entry in any register kept in pursuance of this Part of this Act may be given in any court or any legal proceedings by the production of a copy of such entry purporting to be certified to be a true copy by any officer of the Minister authorised in that behalf, and it shall not be necessary to prove the signature of such officer or that he was in fact such officer or was so authorised.
(3) A certificate, purporting to be under the hand of an officer of the Minister authorised in that behalf by the Minister, that any premises specified in such certificate are not entered in the register specified in such certificate shall be conclusive evidence of the matters so certified, and it shall not be necessary to prove the signature of such officer, or that he was in fact such officer, or was in fact so authorised.
(4) Any person may—
(a) inspect any register kept in pursuance of this Part of this Act on payment of such fee, not exceeding one shilling for each inspection, as shall be prescribed;
(b) obtain a copy certified in manner hereinbefore mentioned to be a true copy- of any entry in any register kept in pursuance of this Part of this Act on payment of such fee, not exceeding sixpence for each folio of seventy-two words of the copy, as may be prescribed;
(c) obtain such certificate as is hereinbefore mentioned that any specified premises are not registered in a specified register kept in pursuance of this Part of this Act on payment of such fee not exceeding two shillings and sixpence for each certificate, as may be prescribed.
Publication of contents of registers, etc.
21.—(1) The Minister may publish in such manner as he may think fit—
(a) all or any of the matters entered in any register kept under this Act, and
(b) notice of any cancellation or alteration of registration in any register kept under this Act, and
(c) notice of the cancellation of an exporter's licence, and
(d) notice of any conviction for an offence against any provision of this Act.
(2) No individual return or part of a return furnished in pursuance of this Act shall be published or disclosed except for the purpose of a prosecution under this Act,
(3) The Minister may, from time to time, collect and publish such statistical information (including statistics derived from returns made pursuant to this Act) with respect to the extent and condition of the trade in fresh meat and offals as he may think fit.
Inspection of registered premises.
22.—(1) Any inspector, veterinary inspector or veterinary examiner shall be entitled (subject to the production by him if so required of his authority in writing as such inspector, veterinary inspector or veterinary examiner) at all reasonable times to enter upon any registered premises or any premises in respect of which an application for registration has been made and to inspect such premises and the plant, machinery, appliances and equipment therein and to observe all or any of the processes used in the business carried on therein.
(2) Any duly authorised officer of a local sanitary authority shall be entitled at all reasonable times to enter upon any registered slaughtering premises situate in the functional area of such authority and to make such inspection therein as may be necessary to satisfy him that the general conditions of cleanliness and suitability of slaughtering premises and the particular conditions of suitability of slaughtering premises applicable to such premises are being complied with.
(3) It shall be the duty of an inspector, veterinary inspector or veterinary examiner who, in the exercise of the powers conferred on him by this section, has inspected any premises to furnish a report in writing to the Minister of any breaches observed by him in such premises (in the case of registered slaughtering premises) of the general conditions of cleanliness and suitability of slaughtering premises and the particular conditions of suitability of slaughtering premises applicable to such premises or (in the case of registered crating premises) of the general conditions of cleanliness and suitability of crating premises.
(4) It shall be the duty of a duly authorised officer of a local sanitary authority who, in the exercise of the powers conferred on him by this section, has inspected any registered slaughtering premises to furnish a report in writing to the Minister of any breaches observed by him in such premises of the general conditions of cleanliness and suitability of slaughtering premises and the particular conditions of suitability of slaughtering premises applicable to such premises.
(5) Every person who obstructs or impedes any inspector, veterinary inspector or veterinary examiner or any duly authorised officer of the local sanitary authority in the exercise of any of the powers conferred on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
(6) Whenever an inspector, veterinary inspector or veterinary examiner or a duly authorised officer of the local sanitary authority reports under this section to the Minister that any registered slaughtering premises do not comply with the general conditions of cleanliness and suitability of slaughtering premises and the particular conditions of suitability of slaughtering premises applicable thereto or an inspector, veterinary inspector, or veterinary examiner reports under this section to the Minister that any registered crating premises do not comply with the general conditions of cleanliness and suitability of crating premises, the Minister may serve a notice in the prescribed form upon the registered proprietor of such premises requiring such registered proprietor to do in the manner and time specified in such notice all or any of the things lawfully specified therein under this section.
(7) A notice served under the foregoing sub-section may require—
(a) that the premises or any specified portion thereof be cleansed;
(b) that the equipment, fittings and appliances or any part thereof be cleansed;
(c) that the premises or any specified portion thereof be put in a state of good repair;
(d) that such structural alterations or additions be made in or to the premises as the notice may specify;
(e) that the equipment, fittings, or the appliances, or any part thereof be put in a state of good repair;
(f) that such improvements or additions as the notice may specify be made in or to the equipment, fittings and appliances used in the premises;
(g) that any cause of contamination or deterioration to which the fresh meat or offals prepared or packed in the premises are exposed be removed or rendered innocuous;
(h) in the case of registered slaughtering premises—
(i) that adequate facilities be provided for the proper disposal of blood, washings and waste;
(ii) that there shall be made available on the premises an adequate supply of good and wholesome water;
(iii) that adequate facilities be provided on or in respect of the premises for the penning and resting of animals before slaughter;
(iv) that there be employed in the slaughtering premises one or more persons skilled in the slaughtering of animals and preparation of carcases and offals.
(8) A notice under this section may be served by delivering the same to the person to whom it is addressed or by leaving the notice on the premises to which it relates or by sending it by registered post to the person to whom it is addressed at the premises to which it relates.
(9) Any person upon whom a notice has been served under this section who fails to comply, in the manner and within the time specified in such notice, with the requirements thereof, and who on the expiration of the time aforesaid continues to carry on in the premises to which such notice relates the business of preparation or packing of fresh meat or offals for export shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds and to a further fine not exceeding five pounds for every day on which such default continues.
Special provisions where notice requires repair, etc., of premises.
23.—Where a notice served by the Minister under this part of this Act on a registered proprietor of any premises requires such premises or any part thereof to be put in a state of good repair or requires any structural alterations or additions to be made in or to such premises the following provisions shall apply and have, effect, that is to say:—
(a) if the registered proprietor is not the rated occupier of the premises, it shall be the duty of such registered proprietor to communicate the contents of the notice to such rated occupier within three days after the service of the notice, and
(b) if the premises are held by the registered proprietor or by the rated occupier under a lease or other contract of tenancy, it shall be the duty of the registered proprietor to communicate the contents of the notice to the immediate landlord of the premises or his agent within three days after service of the notice, and
(c) the registered proprietor shall, if he has duly complied with the provisions of the foregoing paragraphs of this section so far (if at all) as they are applicable to the case, be at liberty to execute the work required by the notice, notwithstanding any covenant, agreement or condition to the contrary contained in any lease or other contract of tenancy under which the premises are held.
Prohibition of employment of certain persons on registered premises.
24.—(1) The Minister may, after consultation with the Minister for Local Government and Public Health, by order make regulations prohibiting the employment in registered premises of persons suffering from diseases specified in such regulations and contact cases and known carriers of diseases specified in such regulations unless and until such persons, contact cases, and known carriers have been certified by a Medical Officer of Health as free from such diseases.
(2) If any person acts in contravention of any regulations made under this section he shall be guilty of an offence under this section and be liable on summary conviction thereof to a fine not exceeding twenty pounds.
Rectification and cancellation of registration.
25.—(1) The Minister may at any time alter or cancel the registration of any premises under this Part of this Act upon the application in writing in the prescribed form and manner of the registered proprietor or, in the case of an individual, the personal representative or, in the case of an incorporated body, the liquidator of the registered proprietor of such premises.
(2) The Minister may at any time, without any such application as aforesaid, alter the registration of any premises under this Part of this Act in any respect in which such registration appears to him to be erroneous or misleading.
(3) The Minister may, at any time, without any such application as aforesaid, cancel the registration of any premises under this Part of this Act if he is satisfied—
(a) that the registration was procured by fraud or by misrepresentation whether fraudulent or innocent; or
(b) that the premises have ceased to be eligible for registration in the register in which the same are registered; or
(c) that the accommodation and the plant and equipment provided in the premises are insufficient for the volume of business carried on therein; or
(d) that the registered proprietor, if an individual, has died or, if an incorporated body, has; been dissolved and no other person has within one month after such death or dissolution been registered in place of the registered proprietor so dead or dissolved; or
(e) that the registered proprietor has been adjudicated a bankrupt; or
(f) in the case of registered pig slaughtering premises from which pork is exported, that in any period of twelve months commencing on any 1st day of July subsequent to the date on which registration of such premises was granted the volume of the export trade of pork exported from such premises has been less than 1,000 carcases of pigs; or
(g) that in his opinion there has been any contravention (whether by way of commission or omission) of this Act or any regulations made thereunder on the premises; or
(h) that the registered proprietor has been convicted under Section 131 of the Towns Improvement Clauses Act, 1847, or under Sections 132, 133, 134 or 135 of the Public Health (Ireland) Act, 1878, as amended by Section 28 of the Public Health Acts Amendment Act, 1890, of an offence committed on the premises.
(4) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any premises under this Part of this Act, the Minister shall give at least one fortnight's notice in writing of his intention so to cancel or alter such registration to the registered proprietor of such premises or his personal representative (if any) or its liquidator (as the case may be) and also to the registered licensees (if any) of such premises and shall consider any representations made before the expiration of such notice by such registered proprietor or personal representative or liquidator (as the case may be) or by any such registered licensee and may, if he thinks fit, cause an inquiry to be held in relation to the matter.
(5) A notice of the Minister's intention to cancel or alter registration of premises under this part of this Act may be served by delivering it to the person to whom it is addressed or by leaving it for him with a person over sixteen years of age on the premises to which it relates or by sending it by post to the person to whom it is addressed at his last known place of abode.
(6) Where the Minister has cancelled under this section the registration of any premises, the Minister may at any time thereafter refuse to register such premises in any register kept in pursuance of this Part of this Act.
Part II.
Regulations as to Slaughtering Animals and the Preparation, etc., of Fresh Meat and Offals.
Regulations for the preparation of fresh meat.
26.—(1) The Minister may by order make regulations (in this Act referred to as regulations for the preparation of fresh meat) in regard to all or any of the following matters:—
(a) the manner in which animals the meat of which is intended for export are to be assembled and penned for slaughter;
(b) the manner of slaughtering such animals;
(c) the times at which slaughter may take place;
(d) the manner of dressing, cleaning, hanging, cooling and weighing fresh meat and offals intended for export;
(e) the preservatives (if any) which may be used in fresh meat or offals intended for export.
(2) Regulations made under this section in regard to the manner of slaughtering animals shall provide that all cattle shall, before being slaughtered, be effectually stunned by means of an efficient mechanically operated instrument of a type approved by the Minister and operated by a male person of not less than eighteen years who is certified by the Minister to be competent to operate such instrument.
Regulations for the marking of fresh meat.
27.—(1) The Minister may by order make regulations (in this Act referred to as regulations for the marking of fresh meat) prescribing the marks to be applied to all fresh meat and offals examined and certified by a veterinary examiner on registered slaughtering premises for the purpose of indicating all or any of the following matters, that is to say:—
(a) that such fresh meat and offals have been examined and certified by a veterinary examiner in accordance with this Act and regulations made thereunder;
(b) the premises on which fresh meat and offals were so examined and certified;
(c) the owner of the fresh meat and offals so examined and certified;
(d) that such fresh meat and offals were prepared in Saorstát Eireann;
(e) any other matter which, in the opinion of the Minister, should be indicated on such fresh meat and offals.
(2) The regulations for the marking of fresh meat shall prescribe the manner in which the marks prescribed thereby are to be applied to the fresh meat and offals to which they are applicable.
(3) For the purpose of so much of this section as relates to the indication by marks of the premises in which fresh meat and offals were examined and certified and the owner of such fresh meat and offals, the Minister may assign to every registered slaughtering premises and also to every licensed exporter a distinctive mark, and may by the regulations for the marking of fresh meat require the marks so assigned to be used as the marks for indicating respectively the premises on which such fresh meat and offals were prepared and the exporter of such fresh meat and offals.
(4) Whenever any mark is prescribed by the regulations for the marking of fresh meat as the mark to be applied to fresh meat or offals of any particular nature or place of preparation, or packed in any particular premises, or exported by any particular licensed exporter, the application of such mark to fresh meat or offals of any other nature or place of preparation or packed in any other premises or exported by any other person shall be taken to be a false trade description within the meaning of the Merchandise Marks Acts, 1887 to 1911, and those Acts, including the penal provisions thereof, shall apply accordingly.
(5) For the purpose of this section, a mark shall be deemed to be applied if it is applied within the meaning of the Merchandise Marks Acts, 1887 to 1911.
(6) In this section the word “mark” includes any word, letter, figure, or design, or any combination of words, letters, figures and designs or any one or more of them.
Regulations as to condition of fresh meat at the time of export.
28.—The Minister may by order make regulations (in this Act referred to as regulations as to the condition of fresh meat at the time of export) prescribing the condition in which fresh meat and offals must be at the time they are exported from registered premises.
Regulations for the packing of fresh meat.
29.—The Minister may by order make regulations (in this Act referred to as regulations for the packing of fresh meat) in regard to all or any of the following matters, that is to say:—
(a) the method and manner in all respects of packing fresh meat and offals, including the materials and packages to be used for such packing,
(b) the cleanliness and sterilization of such materials and packages,
(c) the limit of weight of any one such package.
Regulations for the conveyance of fresh meat.
30.—The Minister may by order make regulations (in this Act referred to as regulations for the conveyance of fresh meat) in regard to all or any of the following matters, that is to say:—
(a) the covering, means of conveyance and manner of conveyance and handling of fresh meat and offals during or at any stage of transit either from the registered premises to and including stowage on board ship for export, or from the registered premises to the placing in railway waggons or other conveyance for export on through bookings to Great Britain via ports in Northern Ireland,
(b) the suitability of internal fittings, ventilation and cleanliness of railway waggons and ships, and the protection of fresh meat and offals in such waggons and ships from contamination and deterioration.
Part III.
Veterinary Examination and Certification of Fresh Meat.
Appointment of veterinary examiners.
31.—(1) The Minister may from time to time appoint such and so many veterinary examiners (in this Act referred to as veterinary examiners) for the purposes of this Act as he may think necessary and the Minister for Finance shall sanction.
(2) Every veterinary examiner shall be a duly qualified veterinary surgeon.
(3) Every veterinary examiner shall hold office on such terms and on such conditions and shall receive such remuneration and allowances as the Minister, with the sanction of the Minister for Finance, shall appoint.
Deputy veterinary examiners.
32.—(1) Whenever a veterinary examiner is unable owing to illness or absence to perform his duties as a veterinary examiner under this Act the Minister may with the sanction of the Minister for Finance appoint a duly qualified veterinary surgeon (in this Act referred to as a deputy veterinary examiner) to perform the duties of such veterinary examiner for such period as the Minister shall think fit.
(2) Every deputy veterinary examiner shall have all the powers and be subject to all the obligations conferred and imposed on a veterinary examiner by this Act.
Allocation of veterinary examiners.
33.—(1) The Minister shall allocate a veterinary examiner to every registered slaughtering premises but may allocate any particular veterinary examiner to two or more registered slaughtering premises.
(2) It shall be the duty of every veterinary examiner to attend at such times as the Minister after consultation with the licensee shall appoint at every registered slaughtering premises to which he is allocated, and there examine in accordance with this Act and regulations made thereunder, all animals there presented to him for examination.
Veterinary examination regulations.
34.—The Minister may by order make regulations (in this Act referred to as veterinary examination regulations) in regard to all or any of the following matters, that is to say:—
(a) the method, standard and manner of ante mortem examination by veterinary examiners of animals intended for slaughter;
(b) the diseases or conditions on account of which animals may not be passed by a veterinary examiner as fit for slaughter;
(c) the method, standard and manner of examination by veterinary examiners of carcases and offals.
Marking of fresh meat.
35.—A veterinary examiner shall apply the mark prescribed by the regulations for the marking of fresh meat in the manner prescribed by the said regulations to the carcases and offals of every animal presented to him for examination by a licensed exporter at any registered slaughtering premises or, if the offals only of such animals are intended to be exported, to such offals if, but only if, all the following conditions are complied with, namely:—
(a) that such animal was examined by him in accordance with the veterinary examination regulations before slaughter and on being so examined was, having regard to such regulations, passed by him as fit for slaughter, and
(b) that such animal was slaughtered in accordance with the regulations for the preparation of fresh meat, and
(c) that the carcase of such animal was opened and disembowelled in his presence, and
(d) that the carcase and viscera or, where the offals only are intended to be exported, the viscera of such animal were examined by him in accordance with the veterinary examination regulations and on such examination were found free from disease, and
(e) that at the time of applying such mark such carcase or offals were clean, properly dressed, fresh and wholesome.
Consignment Certificates.
36.—Whenever a licensed exporter proposes to export in one lot a particular number of carcases of fresh meat or a particular number of offals to which a veterinary examiner has applied the mark prescribed by the regulations for marking fresh meat or to export in one lot a particular number of such carcases and a particular number of such offals and so informs such veterinary examiner, such veterinary examiner shall, at the request of such licensed exporter, issue in respect of such lot a certificate (in this Act referred to as a consignment certificate) in the prescribed form certifying that the number of carcases (to be specified therein) of fresh meat in such lot or the number (to be specified therein) of offals in such lot or the number (to be specified therein) of carcases of fresh meat and the number (to be specified therein) of offals in such lot have had the said mark duly applied to them.
Disposal of meat or offals unfit for human consumption.
37.—(1) If, on the slaughter of any animal presented for examination to a veterinary examiner at registered slaughtering premises by a licensed exporter, it is found and certified by such examiner that the carcase or offals of such animal are unfit for human consumption, such carcase or offals shall immediately be so treated by such licensed exporter as to render them incapable of being used for the food of man, or, if so required by the local sanitary authority within whose functional area such premises are situate, shall be surrendered to such local sanitary authority to be dealt with in accordance with the provisions of the Public Health (Ireland) Acts, 1878 to 1919, as amended by Part II. of the Local Government Act, 1925 (No. 5 of 1925).
(2) If, on the slaughter of any animal presented for examination to a veterinary examiner at registered slaughtering premises by a licensed exporter, any portion of the carcase or any portion of the offals of such animal is found and certified by such examiner to be unfit for human consumption, such portion or portions of such carcase or offals shall immediately be so treated by such licensed exporter as to render them incapable of being used for the food of man, or, if so required by the local sanitary authority within whose functional area such premises are situate, shall be surrendered to such local sanitary authority to be dealt with in accordance with the provisions of the Public Health (Ireland) Acts, 1878 to 1919, as amended by Part II. of the Local Government Act, 1925 (No. 5 of 1925).
(3) Every licensed exporter who is the owner of any carcase or offals or of any portion of a carcase or offals found and certified under this section to be unfit for human consumption and who through himself or his agent neglects or refuses to treat or surrender the same as required by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence to a fine not exceeding twenty pounds, and in the case of a second or any subsequent offence to a fine not exceeding fifty pounds.
(4) Nothing contained in this section shall be deemed to control or affect the provisions of section 131 of the Towns Improvement Clauses Act, 1847, or of sections 132 to 135 of the Public Health (Ireland) Act, 1878, as amended by section 28 of the Public Health Acts Amendment Act, 1890.
Notification of disease by veterinary examiner.
38.—A veterinary examiner in the performance of his duties under this Act shall have the same responsibility in regard to the notification of diseases as is imposed on a veterinary surgeon or veterinary practitioner in his private practice by the Animals (Notification of Disease) Order of 1919 or as may for the time being be imposed by any like order made under the Diseases of Animals Acts, 1894 to 1914.
Authority of veterinary officer of local sanitary authority to act as veterinary examiner.
39.—(1) The Minister may authorise a veterinary officer of a local sanitary authority to exercise and perform the powers and duties conferred or imposed by this Act on a veterinary examiner, and a veterinary officer so authorised is in this section referred to as an authorised evterinary officer.
(2) An authorised veterinary officer shall have all the powers and perform all the duties conferred or imposed on a veterinary examiner by or under this Act.
(3) There shall be paid by the Minister to a local sanitary authority whose veterinary officer is an authorised veterinary officer by way of contribution towards the remuneration payable by such local sanitary authority to such officer such moneys as the Minister with the sanction of the Minister for Finance shall determine.
(4) The Minister may at any time revoke an authorisation made under this section in respect of a veterinary officer of a local sanitary authority and thereupon such veterinary officer shall cease to be an authorised veterinary officer.
Part IV.
Export of Fresh Meat, Offals, Dead Rabbits, and Dead Poultry.
Export of fresh meat and offals.
40.—(1) Subject to the exceptions mentioned in this section, all fresh meat and offals of animals exported from Saorstát Eireann shall comply with the following conditions (in this Act referred to as the general conditions of export), that is to say:—
(a) such fresh meat and offals shall comply with the regulations as to the condition of fresh meat at time of export, and
(b) such fresh meat and offals shall be accompanied by consignment certificates, and
(c) such fresh meat and offals shall have applied thereto the marks prescribed by the regulations for the marking of fresh meat, and
(d) such fresh meat and offals shall be conveyed in accordance with the regulations for the conveyance of fresh meat, and
(e) if and when an order made by the Minister under this Part of this Act is in force prohibiting the export of carcases of animals under a certain weight, such fresh meat shall not include any carcases under that weight, and
(f) if and when an order made by the Minister under this Part of this Act is in force prohibiting the export of any particular class of fresh meat or offals or of both fresh meat and offals, such fresh meat or offals shall not be of that class.
(2) Subject to the exceptions mentioned in this section all beef and veal and offals of cattle exported from Saorstát Eireann shall, in addition to complying with the general conditions of export, comply with the following conditions (in this Act referred to as the particular conditions of export of beef) that is to say:—
(a) such beef, veal and offals shall have been prepared and packed in registered cattle slaughtering premises in accordance with the regulations for the preparation of fresh meat and the regulations for the packing of fresh meat respectively, and
(b) such beef, veal and offals shall be exported direct from the registered cattle slaughtering premises in which they were prepared and packed and shall be so exported by a person who is the holder of a beef exporter's licence granted in respect of such premises.
(3) Subject to the exceptions mentioned in this section all pork and offals of pigs exported from Saorstát Eireann shall, in addition to complying with the general conditions of export, comply with the following conditions (in this Act referred to as the particular conditions of export of pork), that is to say:—
(a) such pork and offals shall have been prepared and packed in registered pig slaughtering premises in accordance with the regulations for the preparation of fresh meat and the regulations for the packing of fresh meat respectively or, in the case of pork only, have been prepared in registered pig slaughtering premises in accordance with the regulations for the preparation of fresh meat and packed in registered crating premises in accordance with the regulations for the packing of fresh meat, and
(b) such pork and offals shall be exported direct from the registered pig slaughtering premises in which they were packed and shall be so exported by a person who is the holder of a pork exporter's licence granted in respect of such premises or shall, in the case of pork packed in registered crating premises, be exported direct from such premises by the registered proprietor of such premises for and in the name of a person who is the holder of a pork exporter's licence granted in respect of the registered pig slaughtering premises in which such pork was prepared.
(4) Subject to the exceptions mentioned in this section, all mutton, lamb and offals of sheep exported from Saorstát Eireann shall, in addition to complying with the general conditions of export, comply with the following conditions (in this Act referred to as the particular conditions of export of mutton and lamb) that is to say:—
(a) such mutton, lamb and offals shall have been prepared and packed in registered sheep slaughtering premises in accordance with the regulations for the preparation of fresh meat and the regulations for the packing of fresh meat respectively or, in the case of mutton and lamb only, have been prepared in registered sheep slaughtering premises in accordance with the regulations for the preparation of fresh meat and packed in registered crating premises in accordance with the regulations for the packing of fresh meat, and
(b) such mutton, lamb and offals, shall be exported direct from the registered sheep slaughtering premises in which they were packed and shall be so exported by a person who is the holder of a mutton exporter's licence granted in respect of such premises or shall, in the case of mutton or lamb packed in registered crating premises, be exported direct from such premises by the registered proprietor of such premises for and in the name of a person who is the holder of a mutton exporter's licence granted in respect of the registered sheep slaughtering premises in which such mutton or lamb was prepared.
(5) Subject to the exceptions mentioned in this section, all horse-flesh and offals of horses exported from Saorstát Eireann shall, in addition to complying with the general conditions of export, comply with the following conditions (in this Act referred to as the particular conditions of export of horse-flesh) that is to say:—
(a) such horse-flesh and offals shall have been prepared and packed in registered horse slaughtering premises in accordance with the regulations for the preparation of fresh meat and the regulations for the packing of fresh meat respectively, and
(b) such horse-flesh and offals shall be exported direct from the registered horse slaughtering premises in which they were prepared and packed and shall be so exported by a person who is the holder of a horseflesh exporter's licence granted in respect of such premises.
(6) Subject to the exceptions mentioned in this section all goat flesh and offals of goats exported from Saorstát Eireann shall, in addition to complying with the general conditions of export, comply with the following conditions (in this Act referred to as the particular conditions of export of goat-flesh), that is to say:—
(a) such goat-flesh and offals shall have been prepared and packed in registered goat slaughtering premises in accordance with the regulations for the preparation of fresh meat and the regulations for the packing of fresh meat respectively, and
(b) such goat-flesh and offals shall be exported direct from the registered goat slaughtering premises in which they were prepared and packed and shall be so exported by a person who is the holder of a goat-flesh exporter's licence granted in respect of such premises.
(7) Every person who exports or attempts to export or causes to be exported—
(a) any beef, veal, or offals of cattle which does or do not comply with all the general conditions of export and all the particular conditions of export of beef, or
(b) any pork or offals of pigs which does or do not comply with all the general conditions of export and all the particular conditions of export of pork, or
(c) any mutton, lamb, or offals of sheep which does or do not comply with all the general conditions of export and all the particular conditions of export of mutton and lamb, or
(d) any horse-flesh or offals of horses which does or do not comply with all the general conditions of export and all the particular conditions of export of horse-flesh, or
(e) any goat-flesh or offals of goats which does or do not comply with all the general conditions of export and all the particular conditions of export of goat-flesh,
shall be guilty of an offence under this section.
(8) Every person who shall carry by land or sea or air for reward any fresh meat or offals which are being or are intended to be exported in contravention of this section shall, if such carrying is done in the course of or for the purpose of the exportation of such fresh meat or offals, be guilty of an offence under this section, unless such person proves that he did not know and could not reasonably have known that such fresh meat or offals was or were being exported in contravention of this section.
(9) Every person guilty of an offence under this section shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
(10) This section shall not apply to—
(a) fresh meat exported in one lot or consignment which does not exceed in total gross weight twenty-eight pounds, or
(b) fresh meat exported to Northern Ireland in one lot or consignment to which none of the marks prescribed by the regulations for the marking of fresh meat are applied, and which, in the case of beef or veal, does not exceed in total gross weight four and one-half hundredweights and does not include more than one carcase, and which, in the case of mutton or lamb, does not exceed in total gross weight one and one-half hundredweights and does not include more than two carcases, and which, in the case of pork, does not exceed in total gross weight two hundredweights and does not include more than one carcase, or
(c) pork exported into Northern Ireland in one lot or consignment to which none of the marks prescribed by the regulations for the marking of fresh meat are applied and which does not exceed in total gross weight two tons and of which not more than eight carcases belong to any one person, or
(d) pork exported and consigned to a bacon curer in Northern Ireland recognised by the Minister for the purpose, or
(e) fresh meat exported in a package consigned and forwarded through Saorstát Eireann from a place outside Saorstát Eireann to another such place but not otherwise dealt with in Saorstát Eireann, or
(f) fresh meat exported under and in accordance with a special licence granted under this Part of this Act.
Prohibition of export of carcases within certain minimum limits of weight.
41.—(1) If and whenever the Minister is satisfied that the export of carcases of any particular kind of animal which are within certain limits of weight is detrimental to the live stock industry concerned, the Minister may by order prohibit, for so long as such order remains in force, the export of carcases of such kind of animal which are within such limits of weight.
(2) The Minister may at any time by order amend, vary, or revoke an order previously made by him under the foregoing sub-section and for the time being in force.
Prohibition of export of certain kinds of fresh meat.
42.—(1) The Minister may by order if and whenever he thinks fit, prohibit for so long as such order remains in force, the export of fresh meat or offals which is or are in any particular condition or from which any specified part or organ of the animal is missing or has been removed or to which any specified preservative or other matter has been added or which consists or consist only of particular detached portions or of portions of any particular size or other characteristic.
(2) The Minister may at any time by order amend, vary, or revoke an order previously made by him under the foregoing sub-section and for the time being in force.
Special licences to export fresh meat and offals.
43.—(1) The Minister may, upon the application of any licensed exporter, grant to such exporter a licence (in this Act referred to as a special licence) to export the consignment of fresh meat and offals or fresh meat only or offals only specified in such licence by such route and subject to such conditions as are stated in such licence.
(2) A special licence granted under this section shall operate to authorise the person to whom the same is granted to export in accordance with the terms of the licence, the consignment of fresh meat and offals or fresh meat only or offals only specified therein.
(3) The Minister may at any time before a consignment of fresh meat and offals or either of them specified in a special licence is actually exported, revoke the special licence relating to such consignment.
(4) Every person to whom a special licence has been granted under this section who contravenes any of the terms or conditions contained in such licence and every person (whether holding or not holding a special licence) who falsely represents by means of a mark on any consignment of fresh meat and offals or of fresh meat only or of offals only that such consignment is being exported under a special licence granted under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
Export of dead rabbits and poultry.
44.—(1) The Minister may by order make regulations in regard to all or any of the following matters, that is to say:—
(a) the method and manner in all respects of packing dead rabbits and poultry, including the materials and packages to be used for such packing,
(b) the cleanliness and sterilisation of such materials and packages,
(c) the limit of weight of any one package of dead rabbits or dead poultry.
(2) All dead rabbits and dead poultry exported from Saorstát Eireann shall be packed in accordance with regulations made under this section.
(3) Every person who shall export or attempt to export any dead rabbits or dead poultry which do not comply with all the regulations made under this section shall be guilty of an offence under this section.
(4) Every person who shall carry by land or sea or air for reward any dead rabbits or dead poultry which are being or are intended to be exported in contravention of this section shall, if such carrying is done in the course of or for the purpose of the exportation of such dead rabbits or dead poultry, be guilty of an offence under this section unless such person proves that he did not know and could not reasonably have known that such dead rabbits or dead poultry were being exported in contravention of this section.
(5) Every person guilty of an offence under this section shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
Inspection, etc., of fresh meat, offals, dead rabbits and dead poultry.
45.—(1) Any inspector shall be entitled at all reasonable times to enter upon and have free access to the interior of—
(a) any registered premises, and
(b) the premises of any person engaged in the business of carrying goods for reward, and
(c) any warehouse or other premises of any person engaged in the business of warehousing goods intended for export or in process of being exported, and
(d) any pier, quay, wharf, jetty, dock or dock premises, and
(e) any ship, boat, railway waggon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods.
(2) Any inspector may inspect any fresh meat, offals, dead rabbits, and dead poultry or any package found in any place upon or to which he is entitled under this section to enter or have access or upon or in any public place and may open any such package which he reasonably believes or suspects to contain fresh meat, offals, dead rabbits, or dead poultry and may take and remove without payment—
(a) reasonable samples of any fresh meat or offals found in any such place whether such fresh meat and offals are or are not contained in a package, and
(b) reasonable samples of any packing materials in which, any such fresh meat, offals, dead rabbits or dead poultry are packed, and
(c) any one package forming part of or the whole of a consignment of fresh meat or offals found in any such place.
(3) If any person—
(a) obstructs or impedes any inspector in the exercise of any of the powers conferred on him by this section, or
(b) knowing the name or other particulars of the consignor consignee, or owner of any fresh meat, offals, dead rabbits, or dead poultry or of any package which an inspector is entitled to inspect under this section, refuses to give such name or other particulars to such inspector, or
(c) wilfully, or recklessly, gives to such inspector any false or misleading name or other particulars of any such consignor, consignee, or owner,
such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a penalty not exceeding five pounds, and in the case of a second or any subsequent offence to a penalty not exceeding ten pounds.
(4) Where any sample or package is taken by an inspector under this section it shall be the duty of such inspector to notify the owner or the consignor and the consignee (if and so far as their names and addresses are known to or can reasonably be ascertained by him) of the taking of such sample or package.
(5) If, on the examination of any package taken under this section, it appears to the Minister that there was a contravention or attempted contravention of any of the provisions of this Act or any regulations made thereunder in relation to the consignment from which the package was taken, the package may be forfeited to the Minister, and if not so forfeited and in any other case the package shall be disposed of in accordance with the directions of the consignor or, in default of such directions, shall be sold and the net proceeds of sale paid to the consignor.
(6) Neither the Minister nor any inspector shall be liable for any loss or damage arising from the exercise by an inspector of the powers conferred upon him by this section and no action shall lie against the consignor or any other person for or on account of any such loss or damage as aforesaid.
(7) In the exercise in or upon the premises of any railway or shipping company of the powers conferred on him by this section, an inspector shall conform to such reasonable requirements of such company as are necessary to prevent the working of the traffic on such premises being obstructed or interfered with.
Powers of officers of Customs and Excise.
46.—Officers of Customs and Excise shall have the like powers in relation to any consignments and packages the export of which is prohibited or restricted by this Act as such officers have by law in relation to other articles the export of which is prohibited or restricted by law.
Part V.
Miscellaneous and General.
Powers and dUties of Veterinary Inspectors.
47.—A veterinary inspector shall have all the powers conferred on a veterinary examiner by this Act and shall, if required by the Minister so to do, perform all the duties, or such of them as the Minister may direct, imposed on a veterinary examiner by this Act.
Unlawful possession of marks and certificates.
48.—(1) Every instrument for marking fresh meat or offals in accordance with this Act and the regulations for the marking of fresh meat shall be of such form, design, and material as shall be prescribed by these regulations.
(2) It shall not be lawful for any person to make, order, purchase, import, or have in his possession, a prescribed instrument for marking fresh meat or offals or any instrument by means of which a prescribed mark or a colourable imitation thereof could be applied to fresh meat or offals, or to cancel a prescribed instrument for marking fresh meat or offals, or to make, order, purchase, import, or have in his possession a prescribed form of consignment certificate or any colourable imitation thereof.
(3) Nothing in this section shall render it unlawful for an officer of the State acting in the course of his duty as such officer to order, purchase, import, have in his possession, or cancel a prescribed instrument for marking fresh meat or offals or to order, purchase, import, or have in his possession a prescribed form of consignment certificate or for any person in pursuance of an order lawfully given or a contract lawfully made by any such officer to make, import, or have in his possession any such instrument or any such form.
(4) Every person who, in contravention of this section, makes, orders, purchases, imports or has in his possession a prescribed instrument for marking fresh meat or offals or any instrument by means of which a prescribed mark or a colourable imitation thereof could be applied to fresh meat or offals, or cancels a prescribed instrument for marking fresh meat or offals, or makes, orders, purchases, imports or has in his possession a prescribed form of consignment certificate or a colourable imitation thereof shall be guilty of an offence/under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months.
Powers under other Acts.
49.—(1) Save as otherwise provided by this section, the powers conferred on the Minister by this Act shall be and be exercised without prejudice to the exercise by the Minister for Local Government and Public Health of the powers conferred on him by the Public Health (Regulations as to Food) Act, 1907, or to the exercise by local slaughter-house authorities of their statutory powers in relation to the inspection of the slaughter-houses as such authorities, or to the exercise by local sanitary authorities of the powers in relation to slaughter-houses or in relation to articles intended for the food of man conferred on them by the Public Health (Ireland) Acts, 1878 to 1919, as amended by Part II. of the Local Government Act, 1925 (No. 5 of 1925), or conferred on them by any local or personal Act.
(2) Premises registered in any register of slaughtering pre mises so long as they continue to be so registered shall be exempt from the obligation to be registered or to be licensed under any other enactment relating to the registration or the licensing of slaughter-houses and shall also be exempt from all statutory provisions (including orders, regulations, rules, and bye-laws) applicable to slaughter-houses in consequence of such registration or licensing.
(3) Section 50 of the Towns Improvement (Ireland) Act, 1854, shall not apply in respect, of registered slaughtering premises.
Offences.
50.—Every offence under any section of this Act may be prosecuted by or at the suit of the Minister as prosecutor.
General regulations.
51.—(1) The Minister may by order make regulations in regard to any matter or thing referred to in this Act as prescribed or as being or to be prescribed.
(2) Any regulations made by the Minister under this Act may relate to several matters in respect of which the power to make regulations is conferred by different sections of this Act.
(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which that House has sat annulling such regulation, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.
Disposition of fees received by Minister.
52.—All fees received by the Minister under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
Expenses.
53.—All expenses of carrying this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys to be provided by the Oireachtas.
SCHEDULE.
Rules for Computing Exporter's Half-yearly Fees.
1. In this Schedule the expression “first half-year” means a half-year commencing on the 1st day of July and the expression “second half-year” means a half-year commencing on the 1st day of January.
2. For the purposes of this Schedule—
(a) the appropriate sum for a beef exporter's licence shall be one shilling, and
(b) the appropriate sum for a pork exporter's licence shall be three pence, and
(c) the appropriate sum for a mutton exporter's licence shall be three-halfpence, and
(d) the appropriate sum for a horse-flesh exporter's licence shall be one shilling, and
(e) the appropriate sum for a goat-flesh exporter's licence shall be three half-pence.
3. For the purposes of this Schedule—
(a) the minimum fee in respect of either a beef exporter's licence or a pork exporter's licence shall be the sum of fifty pounds and in respect of any other licence shall be the sum of twenty-five pounds, and
(b) the collective minimum fee in respect of two or more licences collectively shall be the sum of seventy-five pounds where such licences include a beef exporter's licence or a pork exporter's licence or both such licences and in every other case shall be the sum of fifty pounds.
4. (1) In respect of every registered slaughtering premises there shall be ascertained in the prescribed manner for every half-year—
(a) in relation to every person who held one and only one exporter's licence in respect of such premises during the whole or any part of such half-year, the number (in this Schedule referred to as the appropriate number) of animals presented under such licence to a veterinary examiner for examination at such premises during such half-year, and
(b) in relation to every person who held two or more exporter's licences in respect of such premises during the whole or any part of such half-year, the several numbers (each of which is in this Schedule referred to as the appropriate number) of animals presented under each of such licences respectively to a veterinary examiner for examination at such premises during such half-year.
(2) Whenever it happens that, in a particular half-year during which or any part of which a particular exporter's licence is in force, no animals are presented under such licence to a veterinary examiner for examination at the registered slaughtering premises to which such licence relates, the appropriate number for such licence for such half-year shall be nought.
(3) For the purpose of this rule—
(a) a calf which, when flayed and disembowelled, does not weigh more than one hundred pounds shall be reckoned as one-fourth of an animal only, and
(b) a pig, the offals only, of which are intended to be exported, shall be reckoned as one-half of an animal only.
5. (1) As soon as an appropriate number is ascertained under the foregoing rule in respect of an exporter's licence, the appropriate sum for such licence shall be multiplied by such appropriate number and the result of such multiplication shall be the basic figure for such licence for such half-year for the purposes of this Schedule.
(2) Where the appropriate number for an exporter's licence for any particular half-year is nought, the basic figure for such licence for such half-year shall also be nought
6. (1) The exporter's half-yearly fee payable by a person in respect of any registered slaughtering premises for the first half-year of any year shall be—
(a) where such person held only one exporter's licence in respect of such premises at any time during such half-year the basic figure for such licence for such half-year, or
(b) where such person held more than one exporter's licence in respect of such premises at any time during such half-year, the total of the several basic figures for such licences respectively for such half-year.
(2) Whenever the only exporter's licence or all the exporter's licences (as the case may be) held by a person in respect of particular registered premises is or are revoked during or at the end of a first half-year and the exporter's half-yearly fee payable by such person in respect of such premises for such half-year as computed under the foregoing paragraph of this rule is less than the minimum fee in respect of such licence or the collective minimum fee in respect of all exporter's licences held by such person in respect of such premises at any time during such half-year (as the case may be), the said fee so payable for such half-year shall, notwithstanding anything contained in the foregoing paragraph of this rule, be the amount of such minimum fee or collective minimum fee (as the case may be).
7. The exporter's half-yearly fee payable by a person in respect of any registered slaughtering premises for the second half-year of any year shall be—
(a) where such person held only one exporter's licence in respect of such premises at any time in such half-year, the basic figure for such licence for such half-year together with—
(i) if such licence was not in force at any time during the next preceding half-year, the amount (if any) by which the said basic figure falls short of the minimum fee in respect of such licence, or
(ii) if such licence was in force at any time during such preceding half-year, the amount (if any) by which the total of the said basic figure and the basic figure for such licence for such preceding half-year falls short of the minimum fee in respect of such licence, or
(b) where such person held more than one exporter's licence in respect of such premises at any time in such half-year, the total of the several basic figures for such licences respectively for such half-year together with—
(i) if none of such licences were in force during the next preceding half-year, the amount (if any) by which the said total of the said several basic figures falls short of the collective minimum fee for all such licences, or
(ii) if all or any of such licences were in force at any time during such preceding half-year, the amount (if any) by which the aggregate of the said total of the said several basic figures and the total of the several basic figures for such preceding half-year for such of the said licences as were in force at any time during such preceding half-year falls short of the collective minimum fee for all such licences.
8. Whenever the only exporter's licence or all the exporter's licences (as the case may be) held by a person in respect of particular registered premises are revoked during a half-year and the exporter's half-yearly fee payable by such person in respect of such premises for such half-year is computed immediately upon such revocation, the portion of such half-year which has elapsed at the date of such revocation shall for the purposes of this Schedule be deemed to be a half-year and (as the case may require) a first half-year or a second half-year.