In short
This law, the Diseases of Animals Act, 1938, amends and expands previous legislation concerning the diseases of animals, specifically the Diseases of Animals (Ireland) Acts, 1894 to 1935. It primarily updates definitions related to poultry and poultry eggs and grants the Minister for Agriculture powers to suspend orders and manage the export of illegally imported items.
What it regulates
- The definition of "poultry" and "poultry eggs" in the Poultry (Diseases) Act, 1934.
- The Minister's power to make orders regarding the movement and use of poultry eggs.
- The suspension and re-operation of orders made under the Principal Act.
- The export of animals, poultry, poultry eggs, or other articles imported in contravention of an order.
Who it concerns
- The Minister for Agriculture.
- Importers or carriers of animals, poultry, poultry eggs, or other articles.
- Officers of Customs and Excise and the Revenue Commissioners.
Key points
- The definition of "poultry" now includes "ducks, geese" in addition to turkeys.
- The Minister for Agriculture can declare an order under the Principal Act to cease operation temporarily.
- If animals, poultry, poultry eggs, or other articles are imported illegally, an officer of Customs and Excise can require their export within a specified time.
- Failure to export illegally imported items can result in a fine of fifty pounds.
đ Legal text
Diseases of Animals Act, 1938
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1938
Diseases of Animals Act, 1938
Diseases of Animals Act, 1938
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Number 17 of 1938.
DISEASES OF ANIMALS, ACT, 1938.
ARRANGEMENT OF SECTIONS
Section
1.
Definitions.
2.
Amendment of the Act of 1934.
3.
Suspension of operation of orders under the Principal Act.
4.
Export of articles imported in contravention of an order under the Principal Act.
5.
Short title and collective citation.
Act Referred to
Poultry (Diseases) Act, 1934
No. 25 of 1934
Number 17 of 1938.
DISEASES OF ANIMALS, ACT, 1938.
AN ACT TO AMEND AND EXTEND THE DISEASES OF ANIMALS (IRELAND) ACTS, 1894 TO 1935. [16th May, 1938.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:â
Definitions.
1.âIn this Actâ
the expression âthe Principal Actâ means the Diseases of Animals Act, 1894, and where the context so permits or requires, includes all Acts (including this present Act) amending or extending the Diseases of Animals Act, 1894;
the expression âthe Act of 1934â means the
Poultry (Diseases) Act, 1934
(No. 25 of 1934);
the expression âthe Ministerâ means the Minister for Agriculture.
Amendment of the Act of 1934.
2.â(1) The definition of the word âpoultryâ contained in
section 1
of the Act of 1934 is hereby amended by the insertion after the word âturkeysâ, of the words âducks, geeseâ, and the word âpoultryâ in the Act of 1934 (including the Act of 1934, as amended by this section) and this Act shall be construed accordingly.
(2) The expression âpoultry eggsâ in the Act of 1934 (including the Act of 1934, as amended by this section) and this Act means eggs of poultry.
(3)
Section 2
of the Act of 1934 is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:â
(a) by the deletion in paragraph (c) of the said section of the words âintended to be used for hatchingâ and the substitution, in lieu of the words so deleted, of the words âeither generally or with such exceptions as the Minister for Agriculture thinks fitâ;
(b) by the substitution of the following paragraph in lieu of paragraph (d) of the said section, that is to say:.â
â(d) for prohibiting or restricting and regulating the movement and use within the State of poultry eggs, whether produced within or without the Stateâ.
Suspension of operation of orders under the Principal Act.
3.â(1) The Minister may, whenever and so often as he thinks fit, by order (in this section referred to as a suspensory order) declare that any specified order made under the Principal Act shall, so long as such suspensory order remains in force, cease to be in operation, and whenever a suspensory order is made then, as on and from the date on which such suspensory order comes in force, the Order under the Principal Act to which such suspensory order relates shall, so long as such suspensory order remains in force, cease to be in operation.
(2) The Minister may by order under this sub-section revoke a suspensory order, and thereupon, as on and from the date on which such first-mentioned order comes into force, the Order under the Principal Act to which such suspensory order relates shall again come into operation.
Export of articles imported in contravention of an order under the Principal Act.
4.â(1) Whenever any animals, poultry, poultry eggs or other articles of whatsoever kind are imported in contravention of an order made under the Principal Act, an officer of Customs and Excise may require any person (being the importer or the carrier concerned) to export such animals, poultry, poultry eggs or other articles within a specified time, and if such person fails to comply with such requisition he shall be guilty of an offence under this section and be liable on summary conviction thereof to a fine of fifty pounds.
(2) An offence under this section may be prosecuted by the Revenue Commissioners.
Short title and collective citation.
5.âThis Act may be cited as the Diseases of Animals Act, 1938, and the Diseases of Animals (Ireland) Acts, 1894 to 1935, and this Act may be cited together as the Diseases of Animals (Ireland) Acts, 1894 to 1938.
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