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the powers conferred on me by section 3
the European Communities Act, 1972 (No. 27
1972), and for the purposes
giving effect to Council Directive 64/433/EEC
26 June, 1964,
7 February, 1983,
12 June, 1985,
12 June, 1985,
18 November, 1986,
Commission Regulation 2226/78/EEC
25 September, 1978,
Commission Regulation 2658/80/EEC
17 October 1980
fresh meat between Member States
the European Economic Community, Council Directive 83/643/EEC
1 December, 1983
November, 1987. 2.
ficer" means a person appointed by the Minister under Regulation 14
these Regulations to be an authorised
ficer; "the 1930 conditions" means the general conditions
cleanliness and suitability
slaughtering premises and the particular conditions
suitability
slaughtering premises within the meaning assigned by section 6
the Act
1930; "the Act
1930" means the Agricultural Produce (Fresh Meat) Act, 1930 (No. 10
1930); "the Act
1935" means the Pigs and Bacon Act, 1935 (No. 24
1935); "Annex I" means Annex I to the Council Directive; "approved cold store" means a cold store approved
under Regulation 3
these Regulations; "approved cutting plant" means a cutting plant approved
under Regulation 3
these Regulations; "approved place" means an approved cold store, an approved cutting plant, a scheduled place, a place authorised by the Minister pursuant to Regulations 5
these Regulations or a registered slaughtering premises; "approved seal" means a seal which for the time being stands approved
by the Minister for the purposes
this definition; "the Council Directive" means Council Directive No. 64/433/EEC
26 June, 1964, (as amended by Council Directive No. 83/90/EEC
7 February, 1983, Council Directive 85/323/EEC
12 June, 1985, Council Directive 85/325/EEC
12 June, 1985, and Council Directive 86/587
18 November, 1986); "EEC Certificate" except in Regulation 16, means a health certificate which— ( a ) is in the form
the specimen health certificate for which is set out in Annex II to the Council Directive, and ( b ) complies with each
the requirements relating to health certificates set out in Chapter XII
Annex I to the Council Directive, and ( c ) has been completed in relation to the fresh meat which it accompanies, and ( d ) bears a health mark in accordance with Chapter X
Annex 1
the Council Directive, and ( e ) is signed by an
ficial veterinarian; "fresh meat intended for export to a Member State
the European Communities" includes fresh meat intended for sale or sold to the Minister in the capacity assigned to him by the European Communities (Common Agricultural Policy) (Market Intervention) Regulations, 1973 ( S.I. No. 24
1973 ), and cognate words and phrases shall be construed accordingly; "the general conditions", except in the definition
"the 1930 conditions" contained in this paragraph and Regulation 4
these Regulations, means the conditions contained in Annex I and therein referred to as the general conditions for the approval
establishments; "import" means, notwithstanding any other statutory provision, to bring into the State and cognate words shall be construed accordingly; "Member State" means a Member State
the European Economic Community; "the Minister" means the Minister for Agriculture and Food; "movement certificate" means a certificate which— ( a ) is in a form which for the time being stands approved
by the Minister for the purposes
this definition, ( b ) relates to the fresh meat which it accompanies, ( c ) bears a health mark in accordance with Chapter X
Annex I
the Council Directive, and ( d ) is signed by a veterinary examiner; "registered slaughtering premises" means a slaughtering premises which is for the time being registered under the Act
1930; "scheduled place" means a place listed in the Schedule to these Regulations; "vessel" includes a hovercraft; "veterinary examiner" means a person who is either a veterinary examiner within the meaning
the Act
1930 or a veterinary inspector within such meaning.
these Regulations and the Council Directive, in so far as it applies to the State, be regarded as being an
ficial veterinarian
the Council Directive, approve
a cutting plant or cold store in respect
which he is satisfied that— ( a ) compliance with the Council Directive is assured, and ( b ) each
the general conditions is complied with, and ( c ) (i) in the case
a cutting plant, each
the special conditions contained in Chapter II
Annex I is complied with, or (ii) in the case
such a cold store, each
the special conditions set out in Chapter III
Annex I is complied with.
this Regulation, the Minister, if he is not satisfied that all
the relevant provisions
the Council Directive are for the time being complied with in respect
a cutting plant or a cold store as regards which an approval was given under this Regulation, may revoke the approval.
, or applicant for, the approval
his intention to revoke or refuse the approval, as the case may be, (ii) specifying his reasons for the intended revocation or refusal, as the case may be, and (iii) affording the holder
, or applicant for, the approval, an opportunity
making representations within 14 days or having representatives made on his behalf, to the Minister in relation to the proposed revocation or refusal, as the case may be. 4.
the 1930 conditions, section 6
the At
1930 shall be construed as requiring that, before he registers a premises in a register
slaughtering premises within the meaning
that Act, the Minister shall be satisfied that— ( a ) compliance with the Council Directive is assured, and ( b ) the premises comply with— (i) each
the general conditions, and (ii) each
the special conditions set out in Chapter I
Annex I.
inspection conferred by section 22
the Act
1930 shall include such power
inspection as may be necessary to enable a person inspecting a premises under that section to decide whether or not the premises comply with such (if any)
the provisions
the Council Directive as apply to it.
section 22
the Act
1930 shall each be construed as if each
the references therein to the general conditions
cleanliness and suitability
slaughtering premises included a reference to both the general conditions and the special conditions set out in Chapter I
Annex I.
the Act
1930 is hereby amended by— (i) the substitution
"premises; or" for "premises." in paragraph (h)
subsection
subsection
the following paragraph— "(i) without prejudice to the generality
paragraphs (a) to (h)
this subsection in the case
a registered slaughtering premises, that the premises do not comply with such
the provisions
Council Directive No. 64/433/EEC
26 June, 1964 (as amended by Council Directive 83/90/EEC
7 February, 1983, Council Directive 85/323
12 June, 1985, Council Directive 85/325
12 June, 1985 and Council Directive 86/587
18 November, 1986) as apply to them". 5.
the Council Directive relates) satisfies each
the requirements set out in paragraph
this Regulation; ( b ) the exportation is made through a scheduled place or such other place as the Minister may authorise; ( c ) where the meat is fresh meat as described in paragraph
the Council Directive or paragraph
the said Directive then: (i) there is for the time being in force an authorisation issued for the purposes
this Regulation by the Minister and authorising the export
such fresh meat, and (
the Council Directive and is to undergo one
the treatments provided for in Council Directive 77/99/EEC,
Regulation 7
these Regulations have been complied with.
this Regulation are the following: ( a ) the fresh meat concerned shall comply with the provisions
the Council Directive including, in particular, the conditions relating to the production, control, health marking, dispatch, storage, transport and exportation
meat; ( b ) such meat shall be eligible for intra-community trade under the Council Directive and be accompanied on exportation by an EEC certificate; ( c ) such meat shall be transported from the State by a means
transport sealed by an authorised
ficer or a veterinary examiner with an approved seal or by the competent authority
another Member State; ( d ) such meat shall have been obtained under the conditions governing production and control laid down in the Council Directive; ( e ) such meat shall be fit for human consumption.
fresh meat referred to in paragraphs (c), (d), (e), (f), (g) or (h)
the Council Directive, or ( b ) such export
fresh meat referred to in paragraph (a)
the Council Directive other than fresh meat to which paragraph 1 (d)
this Regulation applies and which is intended for sale for human consumption.
the Act
1930 (other than paragraph (cc)
subsection
Exports) Order, 1953 ( S.I. No. 234
1953 ). 6.
another Member State unless— ( a ) the meat (other than meat to which paragraph
the Council Directive relates) satisfies each
the requirements set out in paragraph
this Regulation; ( b ) the meat is imported through a scheduled place or such other place as the Minister may authorise; ( c ) where the meat is fresh meat as described in paragraph
the Council Directive or paragraph
the said Directive then. (i) there is for the time being in force an authorisation issued for the purposes
this Regulation by the Minister and authorising the importation
such fresh meat, and (
the Council Directive and is to undergo one
the treatments provided for in Council Directive 77/99/EEC, it bears the special mark described in the Annex to Commission Decision 84/371/EEC; ( e ) at least twelve hours notice in writing
the intended importation shall be given by the person importing the fresh meat or his agent to the Secretary, Department
Agriculture and Food, Kildare Street, Dublin 2, specifying— (i) the scheduled place or other place authorised by the Minister under paragraph
this Regulation through which it is intended to import the meat, (ii) the name
the vessel, the flight number
the flight, or the registration letters and number (if any)
the lorry, rail truck or other container, as may be appropriate, intended to be used to transport the meat, (iii) the date and the expected time
arrival at the scheduled place
the relevant consignment, and (iv) the quantity and type
such meat.
the Food Hygiene Regulations, 1950 ( S.I. No. 205
1950 ), shall not apply in relation to the importation or intended importation into the State from a Member State
fresh meat.
Import) Order, 1969 ( S.I. No. 108
1969 ), shall not apply as regards the importation in accordance with these Regulations
fresh meat from a Member State.
this Regulation are the following: ( a ) the fresh meat concerned shall comply with the provisions
the Council Directive including, in particular, the conditions relating to the production, control, health marking, dispatch, storage, transport and exportation
meat; ( b ) such meat shall be eligible for intra-Community trade under the Council Directive and be accompanied on importation by an EEC certificate; ( c ) such meat shall be imported into the State in a sealed means
transport sealed by the competent authorities
the Member State
origin; ( d ) such meat shall have been obtained under the conditions governing production and control laid down in the Council Directive; ( e ) such meat shall be fit for human consumption.
fresh meat referred to in paragraph (c), (d), (e), (f), (g) or (h)
the Council Directive, or ( b ) the import from a Member State
fresh meat referred to in paragraph (a)
the Council Directive other than fresh meat to which paragraph
this Regulation refers which is intended for sale for human consumption.
this Regulation shall, notwithstanding anything to the contrary in the Act
1930, be eligible for export in accordance with the provisions
Regulation 5
these Regulations. 7.
this paragraph, prior to such movement the relevant container or other means
transport in which the meat is to be transported shall be sealed by an authorised
ficer or a veterinary examiner with one or more approved seals at the approved place from which the meat is intended to be moved. (ii) The condition set out in sub-paragraph (i)
this paragraph, shall not apply to fresh meat imported in a means
transport sealed by the competent authority
the Member State
origin and which is being moved from the scheduled place or other place authorised by the Minister under Regulation 6
these Regulations through which it has been imported to an approved place. ( b ) the meat shall be accompanied by either— (i) an EEC certificate, or (ii) a movement certificate.
paragraph
this Regulation he shall, unless he has reasonable grounds for acting to the contrary, treat such meat as having been obtained in accordance with the conditions governing production and control laid down in the Council Directive.
these Regulations. 8.
which is intended to be exported to a Member State otherwise than in a registered slaughtering premises and in accordance with the conditions governing production and control laid down in the Council Directive.
this Regulation: provided, however, that carcases may be cut into half carcases and half carcases may be cut into no more than 3 wholesale cuts, and quarters, in a registered slaughtering premises.
a registered slaughtering premises or an approved cutting plant unless that cold store in an approved cold store and that storage is carried out in accordance with the conditions referred to in paragraph
this Regulation in so far as they relate to the storage
fresh meat. 9.
fer for sale or importation into or exportation from the State
any goods, neither a person who is the owner
such goods nor a person acting on such owner's behalf or with his authority shall hold out such goods as being fresh meat complying with Regulation 5
these Regulations if such goods do not so comply.
fering for sale any fresh meat to the Minister in the capacity assigned to him by the European Communities (Common Agricultural Policy) (Market Intervention) Regulations, 1973 ( S.I. No. 24
1973 ), shall not hold out such meat as being fresh meat which has been obtained in accordance with the conditions governing production and control laid down in the Council Directive if he knows or ought reasonably to know that it was not so obtained. 10.
compliance with these Regulations shall be made to a veterinary examiner or an authorised
ficer and shall be in such form and contain such particulars as the Minister may require and, unless the Minister otherwise agrees, such an application shall be received by the veterinary examiner or an authorised
ficer to whom it is made not later than the day, being a day which is not a Saturday, Sunday or a bank or public holiday, preceding the day on which the certificate is required by the applicant.
ficer for the purpose
obtaining an EEC certificate or a movement certificate. 11.
being exported to a Member State, the person for the time being in charge
such fresh meat shall, when requested to do so by an
ficer
Customs and Excise, a veterinary examiner or an authorised
ficer, produce to such
ficer or examiner an EEC certificate or a movement certificate relating to the fresh meat and, if so required by such an
ficer or examiner, furnish to him his name and address, and in case such a certificate is so produced, if such person is required by such an
ficer or examiner he shall permit the
ficer or examiner making the requirement to make a copy
, or take an extract from, the certificate.
this Regulation and a certificate referred to in that paragraph is not produced, pending the production
such certificate the exportation
the fresh meat concerned is hereby prohibited. 12.
this Regulation and who shall be known and in this Regulation is referred to as a "specialised person".
the specified person by delivering or sending by prepaid registered post, to the Secretary, Department
Agriculture and Food, Kildare Street, Dublin 2, a letter setting out the name and address
the specified person.
ficer
Customs and Excise, a veterinary examiner or an authorised
ficer may, if he forms an opinion that a contravention
Regulation 5 or 6
these Regulations may take place or has taken place, inspect and, if necessary, take a sample or samples
fresh meat, without payment
compensation, which is being exported from or which is being or has been imported into the State. ( b ) For the purpose
carrying out an inspection or taking a sample pursuant to subparagraph (a)
this paragraph an
ficer
Customs and Excise, a veterinary examiner
an authorised
ficer may:— (i) enter into any land, premises, structure or other place or any railway wagon, ship, vessel, aircraft or vehicle or any other means
transport. (ii) require the importer or exporter or the person in control for the time being
the fresh meat to bring it to such place as may be specified by such
ficer or examiner and in the event
such importer or exporter or person refusing or failing to comply with the requirement seize all or part
the fresh meat and where necessary any vehicle or container in which such meat is being transported.
ficer
Customs and Excise, a veterinary examiner or an authorised
ficer forms an opinion that there has been or that there may be a breach
Regulation 5, 6 or 11
these Regulations he may serve or cause to be served on any person who is an importer, or exporter
the fresh meat or a specified person or where no specified person has been appointed, the person who appears to such
ficer or examiner to be in control for the time being
the fresh meat a notice (stating the reasons therefor) requiring either the importer, exporter or person in control for the time being
the fresh meat— ( a ) in relation to fresh meat which is being or has been imported, (
the
ficer
Customs and Excise, the veterinary examiner or an authorised
ficer, there is a risk to public health, to take steps (which may be specified in the notice) to ensure that the fresh meat will not be used for human or animal consumption or to destroy the fresh meat; or (iii) to take such other steps as may be directed in the notice, including measures to prevent the improper use
such meat, ( b ) in relation to fresh meat which is being exported, (
this Regulation (in this paragraph referred to as "the earlier notice") may be modified or withdrawn in a further such notice and in that event the earlier notice shall have effect subject to such modification or withdrawal.
the fresh meat as the case may be to choose between two or more
the requirements specified in the notice.
this Regulation may be served on the importer, exporter, specified person or person in control for the time being
the fresh meat as the case may be by delivery
it by hand, or by sending it by prepaid registered post to or by leaving it at the address
the specified person given to the Minister pursuant to paragraph
this Regulation or his last known place
abode or business in the case
persons other than specified persons.
ficer
Customs and Excise, veterinary examiner or authorised
ficer who served the notice pursuant to paragraph
this Regulation shall where practicable send by post a copy
that notice to the consignor
the fresh meat.
the service
the notice under paragraph
this Regulation to the Jusice
the District Court having jurisdiction in the District Court District where the fresh meat is situated or to the Justice
the District Court having jurisdiction in the District Court District where the person bringing the appeal ordinarily resides or carries on business on the grounds that the notice or any
the terms thereof are not justified having regard to the provisions
these Regulations. ( b ) An appeal made pursuant to subparagraph (a)
this paragraph may be heard at any sitting
the District Court within the appropriate District Court District. ( c ) (i) Notice
an appeal made pursuant to subparagraph (a)
this paragraph shall be served on the
ficer
Customs and Excise, veterinary examiner or authorised
ficer who served the notice under paragraph
this Regulation in the form specified in such notice and the said notice shall be served at least 48 hours prior to the hearing
the appeal by serving it on the said
ficer
Customs and Excise, veterinary examiner or authorised
ficer or leaving it at the place and in the manner specified in the notice issued under paragraph
this Regulation, (ii) the notice
appeal shall contain a statement
the grounds upon which it is alleged that the notice or any
the terms thereof are not justified. ( d ) A copy
the notice
appeal shall be lodged with the District court Clerk and served on the Minister, in the manner specified in the notice issued pursuant to paragraph
this Regulation, at least 48 hours prior to the hearing
the appeal. ( e ) The
ficer
Customs and Excise, veterinary examiner authorised
ficer and the Minister shall as well as the appellant be entitled to be heard and to adduce evidence at the hearing
an appeal brought under paragraph
this Regulation in opposition to an appeal made pursuant to this Regulation.
an appeal under this Regulation a District Justice may, at his discretion, confirm, with or without modification, or annual the notice. 12. ( a ) where— (i) an importer, exporter or person for the time being in control
the fresh meat fails to comply with the terms
a notice served upon him under paragraph
this Regulation within the time specified therein, or (ii) an
ficer
Customs and Excise, veterinary examiner or authorised
ficer has reasonable grounds for believing that the terms
a notice served under paragraph
this Regulation will not be complied with, or (iii) a notice served under paragraph
this Regulation has been confirmed with or without modification under paragraph
this Regulation and the notice has not been complied with, or (iv) an
ficer
Customs and excise, veterinary examiner, or authorised
ficer has reasonable grounds for believing that the terms
a notice served under paragraph
this Regulation which has been confirmed with or without modification under paragraph
this Regulation will not be complied with, or (v) pending the determination
an appeal made pursuant to subparagraph (a)
paragraph
this Regulation directions given pursuant to paragraph
this Regulation by an
ficer
Customs and Excise, veterinary examiner or authorised
ficer have not been complied with, or (vi) pending the determination
an appeal made pursuant to subparagraph (a)
paragraph
this Regulation an
ficer
Customs and Excise, veterinary examiner or an authorised
ficer has reasonable grounds for believing that directions given pursuant to paragraph
this Regulation shall not be complied with, an
ficer
Customs and Excise, veterinary examiner or authorised
ficer may, without payment
compensation, at any time seize, destroy or otherwise dispose
the fresh meat as he thinks fit in the circumstances
the case. ( b ) Any profits arising out
the disposal
fresh meat referred to in subparagraph (a)
this paragraph shall be paid to the owner
the fresh meat less any expenses incurred in connection with the said disposal. ( c ) The Minister shall notify where practicable the consignor
the fresh meat concerned
any seizure, destruction or disposal which takes place pursuant to this paragraph.
this Regulation, shall deal with the fresh meat concerned other than in accordance with the terms
the notice. ( b ) In the event
an appeal against the terms
a notice referred to in subparagraph (a), pursuant to paragraph
this Regulation, no person, including the person appealing, shall deal with the fresh meat concerned pending the determination
the appeal other than in accordance with such directions as shall be given in writing to the appellant by an
ficer
Customs and Excise, veterinary examiner or authorised
ficer. ( c ) Where the terms
a notice referred to in subparagraph (a)
this paragraph are confirmed with or without modification by the District Justice hearing the appeal made under the said paragraph
this Regulation no person, including the person who made the appeal, shall deal with the fresh meat concerned other than in accordance with such notice as confirmed.
ficer, veterinary examiner or
ficer
Customs and excise as being fresh meat, "importer" and "exporter" include any person who, whether as owner, consignor, consignee, agent or broker is in possession
or in any way entitled to the custody or control
the fresh meat which is being or has been imported or exported. 13.
Regulations 5 and 6
these Regulations, and may vary the terms
, or revoke, any such authorisation.
this Regulation may be either General Authorisations or authorisations restricted to particular cases and may be issued subject to conditions (which may be varied in accordance with paragraph
this Regulation). ( b ) Where an authorisation issued under paragraph
this Regulation is issued subject to a condition, the condition shall be specified in the authorisation.
paragraph
this Regulation, a condition subject to which an authorisation is issued under paragraph
this Regulation may require that any fresh meat to which the authorisation relates shall be prepared, treated or otherwise processed only in or at such place or places as are specified in the authorisation.
such issue, variation or revocation, together with a statement indicating where copies
the Authorisation, variation or revocation may be obtained. ( b ) A General Authorisation (or a variation or revocation thereof), shall not come into effect until the date
publication
the issue
the Iris Oifigiúil in which the relevant notice is published. ( c ) The Minister shall assign to each General Authorisation issued by him and to each variation thereof a number as
the year in which it is so issued or varied. ( d ) Where the Minister revokes a General Authorisation because he is satisfied that, by reason
an outbreak
disease, such revocation is necessary for the protection
public health subparagraph (b)
this paragraph shall not apply in relation to such revocation. ( e ) In any proceedings, a document, purporting to be a copy
a General Authorisation or a variation or revocation thereof, and purporting to have been issued by the Minister for Agriculture and Food, shall, when produced in evidence by an
ficer
the Minister for Agriculture and Food, be prima facie evidence
the issue, variation or revocation
the Authorisation (as the case may be) and
the terms thereof and, in the case
such issue or variation, that the Authorisation (as varied, where appropriate) is still in force.
the meat. 14.
ficers for the purposes
these Regulations.
ficer shall be furnished with a warrant
his appointment by the Minister as an authorised
ficer and when exercising any power conferred on him by these Regulations such
ficer shall, if requested by any person affected, produce the warrant to that person. 15.
ficer or a veterinary examiner may at all reasonable times enter— ( a ) an approved place, ( b ) any other land, premises, structure or other place in which he has reasonable grounds for believing that— (
transport, in which he has reasonable grounds for believing that meat is either being exported to or imported from a Member State, or being kept for transport, import or export, and either there or at any other place— (A) make such examinations, tests and inspections, and (B) take without payment
compensation such reasonable samples
any meat, which he finds in the course
his inspection, as he may consider appropriate for the purposes
these Regulations and the Council Directive.
ficer or veterinary examiner as being meat. ( b ) The references in paragraph
this Regulation to an approved place shall be construed as including a reference to a place which is specified in a condition subject to which an authorisation, being for the time being in force, is issued under Regulation 13
these Regulations. 16.
fer or expose for sale— ( a ) any instrument for affixing a health mark on meat in accordance with Chapter X
Annex 1
the Council Directive, or ( b ) any instrument for the affixing
a health mark in accordance with Chapter X
Annex 1
the Council Directive on any document, wrapping, carton or other thing, or ( c ) an approved seal or anything purporting to be an approved seal, save with the consent in writing
the Minister.
fer or expose for sale— ( a ) an EEC certificate or any document purporting to be or in any way resembling an EEC certificate, ( b ) a movement certificate or any document purporting to be or in any way resembling a movement certificate, save with the consent in writing
the Minister.
a health mark on meat in accordance with Chapter X
Annex 1
the Council Directive, or ( b ) any instrument for the affixing
a health mark in accordance with Chapter X
Annex 1
the Council Directive on any document, wrapping, carton or other thing, or ( c ) an EEC certificate or any document purporting to be or in any way resembling an EEC certificate, ( d ) a movement certificate or any document purporting to be or in any way resembling a movement certificate unless he is— (i) an authorised
ficer, a veterinary examiner or an
ficer
the Minister, (ii) a person who is in possession or control
the instrument, document, or thing, with the consent in writing
the Minister.
subparagraph (ii)
paragraph
this Regulation, the onus
proving that a person is in possession or control
an instrument, document or thing with the consent
the Minister shall lie on a person so claiming to be in possession or control with the consent
the Minister.
the Council Directive or any thing purporting to be an approved seal nor utter any such document or seal knowing it to be forged, altered or tampered with.
ficer, a veterinary examiner or an
ficer
the Minister acting in the course
his duty.
transport
fresh meat unless he is an authorised
ficer or a veterinary examiner.
fence in which a contravention
paragraph
this Regulation is alleged it shall be a good defence for the defendant to show— ( a ) that he received the instrument, certificate or other document or thing, as the case may be, from a person specified in paragraph
this Regulation, and ( b ) that he has identified, the person from whom he so received the instrument, certificate, document or thing, and ( c ) that he received an kept possession or control
such instrument, certificate, document or thing for use solely in connection with the implementation
these Regulations or the Council Directive, and ( d ) that no unlawful use was made
the instrument, certificate, document or thing while such instrument, certificate, document or thing was in his possession or under his control, and ( e ) that such possession or control was solely within a registered slaughtering premises, approved cutting premises or approved cold store or a place authorised by the Minister pursuant to Regulation 5
these Regulations.
this Regulation shall be construed as prohibiting the importation
an EEC Certificate or an approved seal where such importation is for the purpose only
complying with Regulation 6
these Regulations.
the EEC, set out in Annex II
the Council Directive whether or not such document bears a health mark in accordance with Chapter X
Annex I
the Council Directive and whether or not such document has been completed in relation to the meat it accompanies and whether or not it has been signed by a person who is or who purports to be an
ficial veterinarian. 17. In any proceedings for an
fence under these Regulations in which a contravention
Regulations 5
these Regulations or had not been obtained in accordance with the conditions governing production and control laid down in the Council Directive, it shall be a good defence in relation to such proof for the defendant to prove that— ( a ) he received the goods in the belief that such goods were fresh meat and did comply with the said Regulations 5
the alleged
fence he believed the goods to be in the same state as when the said documents were issued, and that such goods were fresh meat, and ( d ) the goods did otherwise comply with Regulations 5
fence under these Regulations, there is produced a document (in this Regulation referred to as a "certificate") which— ( a ) purports to be signed by the State Chemist, or a person appointed by the Minister to issue certificates for the purposes
these Regulations (in this Regulation subsequently referred to as an "approved person"), and ( b ) states that the certificate is issued for the purposes
these Regulations, and ( c ) purports to certify— (i) that an examination, test or analysis
a particular sample submitted by a veterinary examiner or an authorised
ficer was carried out, and (ii) the result
such examination, test or analysis, the certificate shall, until the contrary is proved, be evidence
any fact which it purports to certify without proof
any signature thereon or that any such signature is that
the State Chemist or, in case the certificate purports to be signed by an appointed person, proof that at the time at which the certificate purports to have been issued the person whose signature purports to appear on the certificate stood appointed as an appointed person.
these Regulations. ( b ) An appointment under this Regulation shall remain in force until it is withdrawn by the Minister by an instrument in writing.
the State Laboratory and includes any person authorised by him to make an examination, test or analysis or give a certificate for the purposes
these Regulations. 19. An
fence under these Regulations may be prosecuted by the Minister. 20.
services performed by the Minister or an
ficer
the Minister in connection with matters to which these Regulations relate as the Minister, with the consent
the Minister for Finance, may determine.
for the benefit
the Exchequer in accordance with the directions
that Minister.
this Regulation is in addition to and not in substitution for— ( a ) sections 13 and 17
, and the Schedule to, the Act
1930, and ( b ) section 29
the Act
1935, provided that a fee under this Regulation and a fee under the said section 13, 17 or 28, or the said Schedule, shall not be charged in relation to the same examination or inspection.
fices Fees Act, 1879, shall not apply in respect
fees charged under this Regulation. 21. These Regulations are in addition to and not in substitution for the Diseases
Animals Acts, 1966 and
the Food Hygiene Regulations, 1950 ( S.I. No. 205
1950 ), shall not be exercised on or in respect
premises which for the time being stand approved
under Regulation 3
these Regulations and neither Regulation 25 nor Part IV
the said Regulations shall apply in respect
such premises. 23. Where an
fence under this Act is committed by a body corporate or by a person acting on behalf
a body corporate and is proved to have been so committed with the consent, connivance or approval
, or to have been facilitated by any neglect on the part
, any director, manager, secretary or other
ficial
such body, such person shall be guilty
an
fence. 24.
these Regulations shall be guilty
an
fence.
it taken under these Regulations does not correctly represent the meat, or ( b ) tampers or otherwise interferes with any sample taken under these Regulations, he shall be guilty
an
fence.
ficer
Customs and Excise, a veterinary examiner or an authorised
ficer in the exercise
a power conferred on him by these Regulations shall be guilty
an
fence.
an
fence under this Regulation shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion
the court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment. SCHEDULE Places within sea ports:— Any place through which goods may be imported or exported (being a place approved for that purpose by the Revenue Commissioners) and situated within the following locations— ( a ) the ferryport situated within the Port
Dublin at the junction
Alexandra Road and Terminal Road North; ( b ) the ferryport situated at Dun Laoghaire Harbour; ( c ) the ferryport situated within Cork Harbour at Ringaskiddy; ( d ) the ferryport situated at Rosslare Harbour.
for that purpose under the Customs (Land Frontiers) Regulations 1968 ( S.I. No. 117
1968 ). GIVEN under my
ficial Seal this 30 day
October 1987. MICHAEL O'KENNEDY, Minister for Agriculture and Food. EXPLANATORY NOTE. The purpose
these Regulations is to provide the necessary level basis for the application in this country
a number
Community Directives concerning public health protection measures for the fresh meat industry, including production and transport requirements and for the taking
meat into Intervention. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
Ireland. Oireachtas Copyright Material is reproduced with the permission
the Houses
the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.