PART VII

Miscellaneous

53. —(1) The Minister may appoint such and so many persons as he considers necessary to be authorised officers for the purposes of this Act.

(2) A local authority may appoint such and so many persons as it considers necessary to be authorised officers for the purposes of this Act.

(3) Every person who is appointed to be an authorised officer pursuant to this section shall be furnished with a certificate of his appointment and when exercising a power under this Act shall, if requested by any person thereby affected, produce such certificate for inspection by the person so affected.

54. —(1) An authorised officer or a member of the Garda Síochána may—

(a) enter, by force if necessary, and inspect any premises which is, or which he reasonably suspects is, being used as an abattoir or as a knackery;

(b) enter, by force if necessary, and inspect any vehicle or container which is, or which he reasonably suspects is, being used in connection with an abattoir or with a knackery;

(c) request the production of, or search for, and inspect any records kept in such premises, vehicle or container which relate to animals, fees, or the business of an abattoir or knackery, as the case may be;

(d) take copies of, or remove, any records found on such premises, vehicle or container for examination or for the purposes of any proceedings under this Act.

(2) The powers conferred on an authorised officer by section 18 or 33 of this Act may be exercised only by a person who has, in his instrument of appointment, been authorised to exercise those powers.

(3) The holder of an abattoir licence or, as the case may be, a knackery licence, or any person employed by such holder shall, upon request by an authorised officer or a member of the Garda Síochána, as the case may be, produce all records kept on the premises and shall permit the authorised officer or the member of the Garda Síochána, to inspect, copy or, as the case may be, remove such records.

(4) The person in charge of any vehicle or container, which is, or which an authorised officer or a member of the Garda Síochána reasonably suspects is being, used in connection with an abattoir or a knackery, shall, on request by the authorised officer or the member of the Garda Síochána, as the case may be, produce all records kept on or in the vehicle or container, and shall permit the authorised officer or the member of the Garda Síochána to inspect, copy or, as the case may be, remove such records.

(5) An authorised officer or a member of the Garda Síochána, in the exercise of the powers conferred on him by subsection (1) of this section, may seize, detain and remove any meat intended for human consumption which he finds in an abattoir, knackery, vehicle or container and which—

(a) does not bear a health mark, or

(b) bears an unapproved health mark, or

(c) has already been marked as unfit for human consumption, or

(d) is otherwise unfit, or he reasonably suspects is unfit, for human consumption.

(6) Whenever an authorised officer or a member of the Garda Síochána seizes, detains or removes any meat pursuant to subsection (5) of this section, he shall cause the meat to be examined by a veterinary inspector and, if the veterinary inspector declares that such meat is unfit for human consumption, the meat shall be marked and be destroyed or be otherwise disposed of in accordance with the provisions of veterinary examination Regulations.

(7) An authorised officer or a member of the Garda Síochána may enter any premises, other than an abattoir or a knackery, where meat is, or where he reasonably suspects meat is being, kept for sale for human consumption and he may seize, detain and remove such meat as he finds in such premises which—

(a) does not bear a health mark, or

(b) bears an unapproved health mark, or

(c) has already been marked as unfit for human consumption, or

(d) is otherwise unfit, or he reasonably suspects is unfit, for human consumption.

(8) Whenever an authorised officer or a member of the Garda Síochána seizes, detains or removes any meat pursuant to subsection (7) of this section, he shall cause the meat to be examined by a veterinary inspector and, if the veterinary inspector declares that such meat is unfit for human consumption, the meat shall be marked and be destroyed or be otherwise disposed of in accordance with the provisions of veterinary examination Regulations.

(9) Any person who obstructs or unreasonably delays an authorised officer or a member of the Garda Síochána in the exercise of his powers under this Act or who fails to facilitate an inspection of a premises, vehicle or container by an authorised officer or a member of the Garda Síochána shall be guilty of an offence.

55. —(1) The secretary or other officer acting as secretary for the time being of any body of persons (other than a local authority) shall be answerable in addition to the body for doing all such acts as are required to be done by the body under any of the provisions of either this Act or Regulations under this Act.

(2) Every such officer as aforesaid may from time to time retain out of any money coming into his hands as is sufficient to pay fees due under this Act by the body and shall be indemnified for all such payments made in pursuance of this section.

56. —(1) A person guilty of an offence under this Act shall be liable—

(a) on summary conviction to a fine not exceeding £1,000, or to imprisonment for a term not exceeding six months or, at the discretion of the Court, to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £10,000, or to imprisonment for a term not exceeding three years or, at the discretion of the Court, to both such fine and such imprisonment.

(2) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any person who, when the offence is committed, is a director, member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body, that person shall also be deemed to have committed the offence and may be proceeded against and punished accordingly.

(3) The Minister may, by Regulations, vary the maximum amount of a fine specified in subsection (1) of this section.

(4) Where the Minister proposes to make Regulations pursuant to subsection (3) of this section, the Regulations shall not be made until a draft of the Regulations has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House.

57. —(1) Summary proceedings in relation to an offence under this Act may be brought and prosecuted by a local authority or by the Minister.

(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within one year from the date of the offence.

58. —(1) Where, in a prosecution for any offence under this Act, a person claims that a licence exists in relation to the premises the subject of such prosecution, the onus of proving the existence of the licence and of its validity shall lie on the person making the claim.

(2) In a prosecution for any offence under this Act, it shall be presumed until the contrary is proved that any premises in which carcases or parts of carcases or offal or viscera of any animal, or dead animals or parts of dead animals, or slaughtering or dressing equipment or instruments are found is, as the circumstances may require, an abattoir or a knackery.

59. —(1) The holder of any licence under this Act shall, in accordance with such directions as may be given by the Minister or by the local authority, keep full and detailed records of all animals slaughtered or handled in the premises to which the licence relates.

(2) All records required to be kept pursuant to subsection (1) of this section shall be preserved for the period of three years after the record was made and, in any case where the holder of the licence has issued the record to any other person and retained a copy thereof, such copy shall be preserved for the said period of three years.

(3) Notwithstanding the foregoing provisions of this section, the holder of a licence need not preserve a record where—

(a) the Minister has determined that such records are not required, or

(b) such records have been disposed of pursuant to section 305 of the Companies Act, 1963 .

(4) Any person who contravenes the provisions of this section shall be guilty of an offence.

60. —(1) Each local authority shall, as soon as may be, make to the Minister such returns on any matter that the Minister may require pursuant to this section.

(2) Every return made to the Minister pursuant to this section shall be in such form and made at such times as the Minister may determine.

(3) The Minister may require a local authority to make a return in relation to each abattoir and knackery which is situate in its functional area in respect of all or any of the following matters—

(a) the number of slaughterings (including the classes of animals slaughtered) carried out at each such abattoir during such period as may be specified in the requirement;

(b) the number of animals rejected for slaughter, and the amount (if any) of meat condemned as unfit for human consumption at each such abattoir during such period including the manner of the destruction or disposal of such meat;

(c) the number of veterinary inspections at each such knackery carried out during such period as may be specified in the requirement;

(d) the number of casualty or dead animals (including the class of animals concerned and, if known, the cause of casualty or death) at each such knackery during such period;

(e) the manner of disposal during such period of casualty or dead animals or parts thereof from each such knackery;

(f) such information regarding the operation of each such abattoir and knackery as the Minister considers necessary;

(g) such other returns in relation to the operation, and staff employed in the operation, of this Act as the Minister considers necessary.

61. —(1) The Minister may, by Regulations, specify requirements in relation to the siting, lay-out, accommodation and construction, water supply and sanitary facilities and equipment and appliances for premises which are, or are to be, used as abattoirs or knackeries.

(2) Regulations under this section may make different provisions in relation to different classes of animals, or in relation to different classes of premises, or in relation to premises used for different purposes.

(3) Regulations under this section may make provisions for exceptions to, and modifications of, the Regulations in relation to premises which were constructed, or were adapted for use as, or were used as, an abattoir or a knackery, as the case may be, before the date on which the Regulations come into operation.

62. —(1) So much of any bye-laws made under any Act by the council of a county, corporation of a county or other borough, council of an urban district or commissioners of a town as relates to the operation of an abattoir or a knackery or to the inspection of meat shall cease to have effect on the day or days, as the case may be, on which corresponding Regulations under section 20 , 34 , 39 , 40 or 61 of this Act come into operation.

(2) So much of any bye-laws made under any Act by the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town as relates to the transport of meat shall cease to have effect on such day as the Minister may, by order, appoint.

(3) The Minister may, by order, amend or revoke an order made under this section (including this subsection).

63. —(1) The Minister may make Regulations for prescribing any matter referred to in this Act as prescribed or to be prescribed or in relation to anything referred to in this Act as the subject of Regulations.

(2) Every order and Regulation made by the Minister under this Act, other than a Regulation made under section 9 (3), 24 (3), 44 (3), or 56 (3) of this Act, shall be laid before each House of the Oireachtas as soon as may be after it is made, and, if a resolution annulling the order or Regulation is passed by either such House within the next twenty-one days on which that House has sat after the order or Regulation is laid before it, the order or Regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(3) Every Regulation made by the Minister under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purpose of such Regulation.

64. —(1) A local authority shall comply with any direction which the Minister may from time to time give in relation to the exercise of its powers or the performance of its duties under this Act and the Regulations made by him pursuant to this Act.

(2) A local authority shall inform such persons at such time and in such form as the Minister may from time to time direct of the provisions of a Regulation made by him pursuant to this Act.

65. —Where a notice is required or authorised by this Act to be given to a person, the notice shall be addressed to that person and may be given to him in any one of the following ways:

(a) by delivering it to him,

(b) by leaving it at the address at which he ordinarily resides or at his business address,

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or at his business address.

66. —(1) 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.

(2) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this Act.

67. — Part V of the Health Act, 1947 (as amended), and the Food Hygiene Regulations, 1950 (S.I. No. 205 of 1950) (as amended), shall not apply to a premises licensed under this Act.