Animal Health and Welfare Act 2013

Animal Health and Welfare Act 2013 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2013 Animal Health and Welfare Act 2013 Animal Health and Welfare Act 2013 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 15 of 2013 ANIMAL HEALTH AND WELFARE ACT 2013 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Laying of regulations and orders. 4. Repeals. 5. Expenses. 6. Disposal of moneys received by Minister. PART 2 Prevention and Control of Animal Disease 7. Application of Act to disease. 8. Prohibition on farm animals straying. 9. Disease eradication areas. 10. Prohibition on spreading disease. PART 3 Animal Welfare 11. Duty to protect animal welfare. 12. Prohibition on animal cruelty. 13. Feeding of animals. 14. Prohibition on abandonment of animals. 15. Prohibition on animal fighting, etc. 16. Prohibited operations and procedures. 17. Use of anaesthetics, etc. 18. Protection of animals from poison. 19. Inspection of protected animals and equipment. 20. Records as regards intensive units. 21. Welfare of animals during sale. 22. Regulation of sale of animals to minors. 23. Humane destruction of animal. 24. Measures relating to animals in distress. PART 4 Codes of Practice 25. Codes of practice. PART 5 Animal Health Levies 26. Animal health levies. 27. Duty to pay levy before export of live animals. 28. Animal health levy due and payable. 29. Duty to keep records. PART 6 Destruction, Disposal, etc., of Animals 30. Destruction and disposal. 31. Compensation. 32. Valuation. 33. Arbitration. 34. Limitation on compensation. 35. Abatement of compensation. PART 7 Regulations Relating to Animal Health and Welfare 36. Animal health and welfare regulations. PART 8 Enforcement 37. Appointment of authorised officer. 38. Functions of authorised officer. 39. Power of member of Garda Síochána to arrest without warrant. 40. Search of suspects and stopping vehicles. 41. Assistance to authorised officer. 42. Animal health and welfare notice. 43. Appeal against animal health and welfare notice. 44. Seizure and detention for non-compliance with notice. 45. Search warrant. 46. Obstruction and false statements. PART 9 Local Authorities 47. Functions of local authorities. 48. Default of local authority. PART 10 Proceedings and Sanctions 49. Fixed payment notice. 50. Evidence of laboratory analysis on certificate, etc. 51. Service of notice, etc. 52. Penalties. 53. Costs of prosecution. 54. Offence — body corporate. 55. Summary proceedings. 56. Presumption of ownership in relation to animals. 57. Forfeiture — equipment, animal product, etc. 58. Disqualification. 59. Seizure of animals in connection with disqualification. 60. Forfeiture of animal. 61. Person incapable of taking care of animals. 62. Proof and authentication of certain documents. PART 11 Animal Tracing Systems 63. Animal tracing systems. 64. Census of animals. PART 12 Animal Marts 65. Definitions. 66. Prohibition of unlicensed animal marts, etc. 67. Grant of licences for animal marts, etc. 68. Power of Minister to revoke or refuse licence. 69. Appeal against refusal or revocation of licence. 70. Regulations in relation to animal marts. 71. Application (Part 12). PART 13 Miscellaneous 72. Forgery. 73. Fees. 74. Service agreements. 75. Continuance of certain instruments. PART 14 Amendment of Certain Enactments 76. Amendment of Animal Remedies Act 1993. 77. Amendment of section 17 of Dog Breeding Establishments Act 2010. 78. Amendment of sections 12 and 15 of Welfare of Greyhounds Act 2011. SCHEDULE 1 Enactments Repealed SCHEDULE 2 Diseases to which Act applies SCHEDULE 3 Matters in respect of which Animal Health and Welfare Regulations may be made SCHEDULE 4 Statutory Instruments considered to be Animal Health and Welfare Regulations Acts Referred to Agricultural and Fishery Products (Regulation of Export) Act 1947 1947, No. 18 Agricultural Products (Regulation of Import) Act 1938 1938, No. 14 Agriculture Appeals Act 2001 2001, No. 29 Air Navigation and Transport (Amendment) Act 1998 1998, No. 24 Animal Remedies Act 1993 1993, No. 23 Arbitration Act 2010 2010, No. 1 Bee Pest Prevention (Ireland) Act 1908 8 Edw. 7, c.34 Bovine Diseases (Levies) (Amendment) Act 1996 1996, No. 5 Bovine Diseases (Levies) Act 1979 1979, No. 26 Broadcasting Act 2009 2009, No. 18 Captive Birds Shooting (Prohibition) Act 1921 11 & 12 Geo. 5, c.13 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 2010, No. 24 Clean Wool Act 1947 1947, No. 27 Companies Act 1963 1963, No. 33 Companies Acts Control of Bulls for Breeding Act 1985 1985, No. 13 Control of Dogs Act 1986 1986, No. 32 Control of Dogs Acts 1986 to 2010 Control of Horses Act 1996 1996, No. 37 Criminal Evidence Act 1992 1992, No. 12 Criminal Justice Act 1984 1984, No. 22 Criminal Justice Act 2006 2006, No. 26 Customs Acts Data Protection Acts 1988 and 2003 Diseases of Animals (Amendment) Act 2001 2001, No. 3 Diseases of Animals Act 1966 1966, No. 6 Dog Breeding Establishments Act 2010 2010, No. 29 Domestic Violence Act 1996 1996, No. 1 Dublin Police Act 1842 5 & 6 Vict., c.24 Electronic Commerce Act 2000 2000, No. 27 European Communities Act 1972 1972, No. 27 Flax Act 1936 1936, No. 20 Flax Act 1936 (Suspension) Act 1950 1950, No. 9 Garda Síochána Act 2005 2005, No. 20 Importation of Plumage (Prohibition) Act 1921 11 & 12 Geo. 5, c.16 Industrial and Provident Societies Act 1893 56 & 57 Vict., c.39 Irish Medicines Board (Miscellaneous Provisions) Act 2006 2006, No. 3 Irish Medicines Board Act 1995 1995, No. 29 Livestock Marts Act 1967 1967, No. 20 Local Government Act 2001 2001, No. 37 Markets and Fairs (Weighing of Cattle) Act 1887 50 & 51 Vict., c.27 Markets and Fairs (Weighing of Cattle) Act 1891 54 & 55 Vict., c.70 Mental Health Act 2001 2001, No. 25 Musk Rats Act 1933 1933, No. 16 National Beef Assurance Scheme Act 2000 2000, No. 2 Petty Sessions (Ireland) Act 1851 14 & 15 Vict., c.93 Poultry Hatcheries Act 1947 1947, No. 49 Protection of Animals (Amendment) Act 1965 1965, No. 10 Protection of Animals Act 1911 1 & 2 Geo. 5, c.27 Protection of Animals kept for Farming Purposes Act 1984 1984, No. 13 Public Health (Ireland) Act 1878 41 & 42 Vict., c.52 Slaughter of Animals Act 1935 1935, No. 45 Slaughter of Cattle and Sheep (Amendment) Act 1935 1935, No. 37 Slaughter of Cattle and Sheep (Amendment) Act 1936 1936, No. 33 Slaughter of Cattle and Sheep Act 1934 1934, No. 42 Town Police Clauses Act 1847 10 & 11 Vict., c.89 Towns Improvement (Ireland) Act 1854 17 & 18 Vict., c.103 Veterinary Practice Act 2005 2005, No. 22 Veterinary Practice (Amendment) Act 2012 2012, No. 25 Welfare of Greyhounds Act 2011 2011, No. 29 Wool Marketing Act 1968 1968, No. 26 Wool Marketing Act 1984 1984, No. 11 Number 15 of 2013 ANIMAL HEALTH AND WELFARE ACT 2013 AN ACT TO REVISE THE LAW RELATING TO THE HEALTH AND WELFARE OF ANIMALS AND THEIR PROTECTION AND IDENTIFICATION; TO PROVIDE FOR THE REGULATION OF CERTAIN ACTIVITIES RELATING TO ANIMALS; TO PREVENT CRUELTY TO ANIMALS; TO MAKE PROVISION FOR THE LICENSING OF ANIMAL MARTS AND FOR LEVIES FOR THE PURPOSES OF ANIMAL HEALTH AND THE CONTROL OF ANIMAL DISEASES; TO REPEAL VARIOUS ENACTMENTS RELATING TO ANIMALS; TO AMEND THE DOG BREEDING ESTABLISHMENTS ACT 2010, THE ANIMAL REMEDIES ACT 1993 AND THE WELFARE OF GREYHOUNDS ACT 2011 AND TO PROVIDE FOR RELATED MATTERS. [29th May, 2013] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title and commencement. 1.—(1) This Act may be cited as the Animal Health and Welfare Act 2013. (2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes and different provisions. (3) An order under this section may as respects a repeal effected by section 4 appoint different days for the repeal of different enactments or provisions of enactments mentioned in Schedule 1 . Interpretation. 2.—(1) In this Act— “aircraft” and “airport” have, respectively, the same meanings as they have in the Air Navigation and Transport (Amendment) Act 1998 ; “animal” means a member of the kingdom animalae other than a human being; “animal health levy” has the meaning assigned to it in section 26 ; “animal health and welfare notice” has the meaning assigned to it in section 42 ; “animal health and welfare regulations” means regulations made under section 36 and orders or regulations continued in force under section 75 ; “animal product” means— (a) the carcass, meat or other food derived from an animal or anything that contains a food derived from an animal, (b) the semen, egg, ovum, embryo or foetus of an animal, (c) an animal by-product or anything containing an animal by-product, (d) a sample derived from an animal, or (e) any thing derived from an animal or that consists of or contains an animal product; “arbitrator” means a person appointed under section 33 ; “authorised officer” means— (a) a member of the Garda Síochána, (b) an officer of Customs and Excise, or (c) a person appointed under section 37 during the period of his or her appointment; “biosecurity” means the application of measures to reduce the risk of transmission of a disease or disease agent; “code of practice” means a code of practice established or adopted under section 25 ; “compensation” means compensation which may be paid under section 31 ; “disease” means a disease including a zoonotic disease, specified in Schedule 2 or in an order made under section 7 ; “disease agent” means any vector, prion, virus, rickettsia, bacterium, protozoan, fungus, helminth, arthropod, insect or other pathogen or organism that is capable of spreading a disease to, or causing a disease in, an animal or human being, but does not include an animal remedy (within the meaning of section 1 of the Animal Remedies Act 1993 ) that is lawfully administered to the animal; “disqualification order” means an order under section 58 (1); “EU measure” means regulations made under the European Communities Act 1972 , after the commencement of Part 7, relating to animals, animal products, animal feed, animal health and welfare or disease; “farm animal” means an animal— (a) bred or kept for the production of food, wool, skin, fur or feathers, or (b) for use in, or for the purposes of, breeding, sport or the farming of land, and includes (but is not limited to) bovine, ovine, porcine and caprine animals, cervidae, equidae, bees and poultry (including domesticated game birds); “land” includes land covered by water; “local authority” means a local authority for the purposes of the Local Government Act 2001 ; “Minister” means Minister for Agriculture, Food and the Marine; “premises” includes a building, a dwelling or other structure (whether temporary or permanent) on or under land or in water; “protected animal” means an animal— (a) kept for farming, recreational, domestic or sporting purposes in the State, (b) when it is in the possession or under the control of a human being whether permanently or on a temporary basis, or (c) that is not living in a wild state; “public place” means a street, road or other place to which the public have access whether as of right or by permission and whether subject to or free of charge; “purchase” means to acquire whether or not for consideration; “record” includes a licence, identity document or passport issued in respect of an animal, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work or other document, a photograph, film or recording (whether of sound or images or both), any form in which data (within the meaning of the Data Protection Acts 1988 and 2003) are held, any other form (including machine-readable form) or thing in which information is held or stored manually, mechanically, electronically or optically and anything that is a part or a copy, in any form, of any of the foregoing or is a combination of 2 or more of the foregoing; “sell” includes offer, expose or keep for sale, invite an offer to buy, distribute, barter or exchange; “supply” includes giving without payment; “unnecessary suffering” means, in relation to an animal, pain, distress or suffering (whether physical or mental) that in its kind or degree, or in its object, or in the circumstances in which it occurs, is unreasonable or unnecessary; “valuer” means a person appointed under section 32 ; “vehicle” includes a trailer, designed for use or used with a vehicle, or container designed or used for carriage on a vehicle, whether either is attached to or detached from a vehicle; “vessel” includes a hovercraft; “veterinary practitioner” means a person registered under Part 4 of the Veterinary Practice Act 2005 . (2) A reference, however expressed, to an act adopted by an institution of the European Union includes an act adopted before 1 November 2009 by an institution of the European Communities. (3) The person, being of full age, who has actual care and control of a person who is— (a) under the age of 16 years, and (b) the apparent owner or person in possession or control of a protected animal, is, for the purposes of this Act, regarded as owning, possessing or being in control of the animal. (4) This Act is in addition to and not in substitution for— (a) the Control of Dogs Acts 1986 to 2010, (b) the Control of Horses Act 1996 , (c) the Dog Breeding Establishments Act 2010 , and (d) the Welfare of Greyhounds Act 2011 . Laying of regulations and orders. 3.— Every regulation and order made under this Act, other than an order made under section 1 (2) or a regulation made under section 26 , shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulation or order is annulled, but without prejudice to the validity of anything previously done thereunder. Repeals. 4.— Each enactment mentioned in column (2) of Schedule 1 is repealed to the extent specified in column (3) of that Schedule opposite that mention. Expenses. 5.— The expenses incurred by the Minister in the administration of this Act shall, to the extent sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. Disposal of moneys received by Minister. 6.— Moneys 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 Public Expenditure and Reform directs. PART 2 Prevention and Control of Animal Disease Application of Act to disease. 7.—(1) This Act applies to a disease specified in Schedule 2 and to an agent of such a disease. (2) The Minister may, by order, apply any or all of the provisions of this Act to a disease or a disease agent, which is not specified in Schedule 2 . Prohibition on farm animals straying. 8.—(1) A person who has in his or her possession or under his or her control a farm animal shall, having regard to the animal’s nature, type, species, breed, development and environment, take all reasonable measures to ensure that— (a) the animal is unable to stray from the land or premises where it is kept, and (b) all buildings, gates, fences, hedges, boundary walls and other structures used to contain the animal are constructed and maintained in a manner that minimises— (i) the risk that the animal will stray, (ii) the risk, or spread, of disease onto or from the land or premises on which the animal is kept, and (iii) the risk that the animal will damage the flora and fauna of the surrounding environment where the animal is contained, having regard to shared boundaries or commonage. (2) A person shall not, without lawful excuse, damage or interfere with a building, gate, fence, hedge, boundary wall or other structure used to contain a farm animal. (3) A person who fails to comply with subsection (1) or contravenes subsection (2) commits an offence. (4) Where a person having possession or control of a farm animal fails to comply with subsection (1) and that person is not the owner of the farm animal, then the owner of the animal shall also have committed an offence under subsection (3), unless the owner shows that he or she took all reasonable steps to ensure that all necessary measures in the circumstances were taken to comply with subsection (1). Disease eradication areas. 9.— The Minister may by order declare the State, or part of the State, to be a disease eradication area, where the Minister considers— (a) it is at risk of, or suspected of, being affected with disease, or (b) that disease is present there. Prohibition on spreading disease. 10.—(1) A person shall not wilfully, recklessly or negligently— (a) transmit a disease or introduce a disease agent, or (b) cause or permit another person to transmit a disease or introduce a disease agent, to an animal or onto land or premises. (2) A person shall not— (a) carry out any process, or cause or permit any other person to carry out a process, on, or (b) administer, or cause or permit another person to administer, a substance to, an animal, that may interfere with a test, cause symptoms that may be confused with, or mask the symptoms of, a disease or a disease agent. (3) A person shall not, except in accordance with a permit issued by an authorised officer, have in his or her possession or under his or her control, purchase, sell, supply, move, export or import an animal, animal product or animal feed to which— (a) a disease or a disease agent has been transmitted, or (b) a substance has been administered that may interfere with a test, cause symptoms that may be confused with symptoms of a disease or mask the symptoms of a disease, in contravention of subsection (1) or (2). (4) An authorised officer may for the purposes of subsection (3) issue a permit and may attach such terms and conditions to it as he or she considers appropriate. (5) This section does not apply to anything done under or in accordance with— (a) the Animal Remedies Act 1993 , (b) the Irish Medicines Board Act 1995 , or (c) the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012 ( S.I. No. 543 of 2012 ). (6) A person who contravenes this section commits an offence. (7) In proceedings for an offence under this section it is a defence for the accused to show that he or she took all reasonable precautions and measures (including any precautions or measures prescribed under animal health and welfare regulations) to prevent the introduction of, or minimise the spread of, the disease concerned. (8) If an animal, land or premises is affected with a disease or a disease agent, the Minister may, if he or she considers it appropriate to do so, publish that fact, and— (a) the location of the land or premises and the identity of the owner or person having possession or control of the animal, (b) the address and identity of the owner or person in charge of the land or premises, (c) any biosecurity measures that apply to the animal, land or premises, (d) any restriction on the use of the animal, land or premises, and (e) any other information that he or she considers is in the public interest, in a manner that the Minister considers appropriate. PART 3 Animal Welfare Duty to protect animal welfare. 11.—(1) A person who has a protected animal in his or her possession or under his or her control shall, having regard to the animal’s nature, type, species, breed, development, adaptation, domestication, physiological and behavioural needs and environment, and in accordance with established experience and scientific knowledge, take all necessary steps to ensure that— (a) the animal is kept and treated in a manner that— (i) safeguards the health and welfare of the animal, and (ii) does not threaten the health or welfare of the animal or another animal, and (b) all buildings, gates, fences, hedges, boundary walls and other structures used to contain the animal are constructed and maintained in a manner so that they do not cause injury or unnecessary suffering to the animal. (2) A person who fails to comply with this section commits an offence. (3) Where a person having possession or control of a protected animal fails to comply with subsection (1) and the person is not the owner of the protected animal, then the owner of the animal shall also have committed an offence under subsection (2), unless the owner shows that he or she took all reasonable steps to ensure that all necessary measures in the circumstances were taken to comply with subsection (1). Prohibition on animal cruelty. 12.—(1) A person shall not— (a) do, or fail to do, anything or cause or permit anything to be done to an animal that causes unnecessary suffering to, or endanger the health or welfare of, an animal, or (b) neglect, or be reckless, regarding the health or welfare of an animal. (2) A person who contravenes this section commits an offence. (3) Where a person has been convicted of an offence under this section, the court may, in addition to any penalty it imposes, order the person to make such contribution, as it considers appropriate, towards veterinary or other expenses incurred in respect of the animal or its upkeep. (4) The considerations to which regard may be had when determining, for the purposes of this section, whether suffering is unnecessary may, amongst any other considerations, include— (a) whether the suffering could reasonably have been avoided, terminated or reduced, (b) whether the conduct which caused the suffering was in compliance with this Act, another enactment, animal health and welfare regulations or a code of practice, (c) whether the conduct which caused the suffering was for a legitimate purpose, such as— (i) benefiting the health and welfare of the animal, or (ii) protecting a person, property or another animal, (d) whether the suffering was proportionate to the purpose of the conduct concerned, and (e) whether the conduct concerned was in all the circumstances that of a competent and humane person. (5) An authorised officer who has reasonable grounds for believing that a person is offending against this section, in relation to an animal, may require the person to immediately desist from so offending, and, if necessary, to take such action as the officer may require in the interests of the health and welfare of the animal. (6) A person who, without reasonable excuse, fails to comply with a requirement under subsection (5) commits an offence. (7) Where an authorised officer has reasonable grounds for believing that an offence under subsection (6) is being or has been or will be committed, he or she may seize and detain the animal concerned (and any dependant offspring of the animal) and remove it or arrange to have it removed to a place of safety or such other place as the officer thinks fit. (8) The costs of anything done under this section may berecovered by the authorised officer concerned, the local authority concerned or the Minister in a court of competent jurisdiction or by deducting the sum from any moneys due or becoming due and payable by the Minister to the person. (9) Subsection (5) and (7) are in addition to and not in substitution for sections 42 and 44 , respectively. (10) This section does not apply to— (a) the destruction of an animal in an appropriate and humane manner, or (b) anything done under and in accordance with any of the enactments or Regulations mentioned in section 10 (5). (11) Nothing in this section applies in relation to anything which occurs in the ordinary course of— (a) fishing, (b) lawfully hunting an animal, unless the animal is released in an injured, mutilated or exhausted condition, or (c) lawfully coursing a hare, unless the hare is hunted or coursed in a space from which it does not have a reasonable chance of escape. Feeding of animals. 13.—(1) A person who has a protected animal in his or her possession or under his or her control or transports such an animal shall provide and supply to the animal— (a) a sufficient quantity of wholesome and uncontaminated drinking water or other suitable liquid appropriate to its physiological or behavioural needs which satisfies the animal’s fluid intake requirements, (b) a quantity of suitable and wholesome food sufficient to satisfy the reasonable requirements of the animal, and (c) such other nourishment having regard to its nature, type, species, breed, development, adaptation, domestication and state of health and to the animal’s physiological or behavioural needs, in accordance with established experience and scientific knowledge. (2) A person shall not provide, or cause to be provided, to an animal, food or liquid— (a) that does not satisfy the reasonable requirements of the animal, or (b) which— (i) is of a nature that may itself cause the animal injury, disease or unnecessary suffering, or (ii) contains a substance which may cause the animal injury, disease or unnecessary suffering. (3) In proceedings in which a contravention of this section is alleged, it is a defence for the accused to show that he or she could not reasonably have— (a) known either that the manner in which the food or liquid was provided, or that the food or liquid itself or a substance contained in the food or liquid, would be likely to cause an injury or unnecessary suffering to which the alleged offence relates, or (b) prevented the animal consuming the food or liquid. (4) Where a person having possession or control of a protected animal fails to comply with subsection (1) or (2) and the person is not the owner of the protected animal, then the owner of the animal shall also have committed an offence under subsection (5), unless the owner shows that he or she took all reasonable steps to ensure that all necessary measures in the circumstances were taken to comply with subsection (1) or (2), as the case may be. (5) A person who fails to comply with subsection (1) or contravenes subsection (2) commits an offence. Prohibition on abandonment of animals. 14.—(1) A person who has in his or her possession or under his or her control a protected animal shall not abandon the animal and if he or she does abandon the animal he or she is not relieved of responsibility for the animal. (2) A person who has in his or her possession or under his or her control a protected animal shall not, without reasonable excuse, leave the animal unattended unless he or she makes adequate provision for its welfare. (3) The considerations to which regard may be had in determining, for the purposes of subsection (2), whether adequate provision has been made may, amongst any other considerations, include— (a) the kind of animal concerned, its age and state of health, (b) the length of time for which it is, or has been, left unattended, and (c) what it reasonably requires by way of— (i) suitable, wholesome and uncontaminated food, water or other suitable liquid, (ii) shelter and warmth, (iii) adequate light and ventilation, and (iv) adequate exercise. (4) A person who contravenes subsection (1) or (2) commits an offence. (5) Where a person having possession or control of a protected animal contravenes subsection (1) or (2) and that person is not the owner, then the owner of the animal shall also have committed an offence under subsection (4), unless the owner shows that he or she took all reasonable steps to ensure compliance with subsection (1) or (2), as the case may be. (6) In this section abandonment does not include— (a) release into the wild of an animal— (i) normally found in a wild state in Ireland, or (ii) formerly found in a wild state in Ireland, as part of a programme to reintroduce animals of that species, or (b) stocking land with game birds, if the animal, having regard to its type, species, breed and development is able to survive and to fulfil its normal needs. Prohibition on animal fighting, etc. 15.—(1) A person shall not organise or cause or permit to take place any performance involving— (a) wrestling, fighting or struggling with an animal, (b) dog-fighting, (c) cock-fighting, (d) animal baiting, (e) throwing or casting with ropes or other appliances any unbroken horse or untrained bovine, (f) riding or attempting to ride an animal which, by the use of any appliance or treatment, is or has been stimulated with the intention of making it buck, or (g) any other activity that may cause unnecessary suffering to an animal and is prohibited by animal health and welfare regulations. (2) A person shall not take part in, or be present (whether as a spectator or otherwise) at, an animal fight or performance or, an activity to which section 16 refers except for an investigative purpose, the proof of which lies with that person. (3) A person shall not keep or train or cause or permit another person to keep or train an animal for the purpose of an animal fight or performance. (4) A person shall not— (a) publicise or promote a proposed animal fight or performance, (b) provide information about an animal fight or performance to another with the intention of enabling or encouraging attendance at the fight or performance, or (c) receive money or other consideration for admission to an animal fight or performance. (5) A person shall not— (a) have in his or her possession or under his or her control, sell or supply an animal for an animal fight or performance, or (b) keep, use, manage, permit or assist in the keeping, use or management of, any land or premises for an animal fight or performance. (6) A person shall not— (a) make or accept a bet on the outcome of an animal fight or performance or on the likelihood of anything occurring in the course of an animal fight or performance, or (b) take part in an animal fight or performance. (7) A person shall not, save for an investigative purpose or without lawful authority or reasonable excuse, record an animal fight or performance by photograph, video or any other means or to supply, display, show or publish such. (8) A person shall not have spurs, equipment or another appendage made, used or adapted for use in an animal fight or performance in his or her possession or under his or her control on land or premises on which an animal is kept or in a vehicle, vessel, aircraft, railway wagon or container in which an animal is being transported. (9) In proceedings for an offence under this section in respect of the use of an appliance or treatment referred to in subsection (1)(f), it is a defence for the accused to show that he or she did not know and could not reasonably have been expected to know that the appliance or treatment was to be or was used for the intention referred to in that paragraph. (10) A person who contravenes this section commits an offence. (11) The considerations to which regard may be had when determining, for the purposes of this section, whether an animal has been involved in an animal fight or performance or that an animal fight or performance has occurred may, amongst any other considerations, include— (a) any pattern of injuries or scars on the animal that are likely to have been inflicted in a fight or performance, (b) equipment or drugs commonly used in an animal fight or performance on the land or premises concerned, (c) the breed, type and nature of the animal, (d) any blood, torn tissue or fur on the land or premises concerned, or (e) records of animal fighting or performances (including betting slips) on the premises. (12) The restriction contained in subsection (1)(e) does not prevent the training of an animal, for the purpose of domesticating the animal and making it safe to manage by persons competent to train that animal, provided that— (a) unnecessary suffering is not thereby caused to the animal, and (b) any activity involved in the training of the animal is not prohibited by animal health and welfare regulations. (13) In this section— “animal fight or performance” means fighting or an activity referred to in subsection (1); “investigative purpose” means investigating an animal fight or performance and includes a criminal investigation or the taking of any photograph, video or filming for inclusion in a television programme service (within the meaning of section 2 of the Broadcasting Act 2009 ). Prohibited operations and procedures. 16.—(1) A person shall not carry out, or cause or permit another person to carry out, on an animal, an operation or procedure which involves interference with, or the removal of, the sensitive tissue or the bone structure of the animal— (a) for a purpose other than veterinary treatment, unless the operation or procedure is carried out in accordance with— (i) animal health and welfare regulations, or (ii) regulations under section 54A (inserted by section 2 of the Veterinary Practice (Amendment) Act 2012 ) of the Veterinary Practice Act 2005 , (b) for cosmetic reasons, or (c) in a manner that— (i) obliterates or obscures any mark identifying the animal, or (ii) renders the identification of the owner of the animal more difficult. (2) A person shall not show an animal at an event to which members of the public have access, if an operation or procedure referred to in subsection (1) has been carried out on the animal other than in accordance with animal health and welfare regulations or regulations under section 54A of the Veterinary Practice Act 2005 . (3) A person who contravenes this section commits an offence. (4) In this section “veterinary treatment” means treatment of an animal carried out by a veterinary practitioner or veterinary nurse (registered under the Veterinary Practice Act 2005 ), but does not include an operation or procedure— (a) prohibited by subsection (1)(b) or (c) or animal health and welfare regulations, or (b) the subject of animal health and welfare regulations, but carried out other than in accordance with those regulations. (5) Nothing in the Veterinary Practice Act 2005 renders lawful anything done in contravention of animal health and welfare regulations. Use of anaesthetics, etc. 17.—(1) A person shall not, except in accordance with animal health and welfare regulations, perform an operation or procedure (with or without the use of instruments) involving interference with the sensitive tissue or bone structure of an animal without the use of an appropriate anaesthetic or analgesic administered so as to prevent or relieve any pain during or arising from the operation or procedure. (2) A person who contravenes this section commits an offence. Protection of animals from poison. 18.—(1) A person shall not— (a) poison a protected animal, or (b) lay poison by a method or in a manner that a protected animal has or would have access to the poison. (2) The owner, occupier or person in charge of land shall not lay or cause to be laid a poison or a substance containing a poison on land unless, before laying the poison or substance, he or she erects or causes to be erected, and maintains, a notice or notices of the laying of poison upon the land so that at least one notice is clearly visible from every public place adjoining or being upon the land. (3) The owner, occupier or person in charge of land on which a poison or a substance containing a poison is laid shall give— (a) at least 7 days’ notice in writing in advance of the laying of the poison or substance, or (b) if the poison or substance is being laid as part of a programme for the control of vermin in crops, at least 7 days’ notice in writing in advance of the commencement of the programme accompanied by details of when it is proposed to lay the poison or substance, to the local authority for the functional area in which the land is situated. (4) In proceedings for an offence under this section consisting of a contravention of subsection (1), it is a defence for the accused to show that all reasonable precautions were taken to prevent access to the poison or substance by protected animals. (5) A person who contravenes this section commits an offence and is liable on summary conviction to a class B fine. (6) In this section— “poison” does not include the administration of an animal remedy (within the meaning of the Animal Remedies Act 1993 ) to an animal; “land” means land on which a protected animal is kept or to which a protected animal has access but does not include areas within the structure of a building or used for purposes ancillary to the use of the building. (7) This section is in addition to and not in substitution for any enactment relating to the laying of poison. Inspection of protected animals and equipment. 19.—(1) A person who has in his or her possession or under his or her control a protected animal shall take all necessary measures to ensure that the animal is regularly inspected and— (a) in case the animal is being kept in an intensive unit, not less than once a day— (i) thoroughly inspect the animal’s condition and state of health or cause the condition and state of health of the animal to be so inspected, and (ii) for the purpose of ensuring that the automatic or other technical equipment used in the unit is free from defects, either— (I) if he or she is competent to do so, thoroughly inspect the equipment, or (II) cause the equipment to be thoroughly inspected by a competent person, or (b) in case the animal is not kept in an intensive unit, at intervals sufficient to avoid the animal being caused injury or unnecessary suffering, thoroughly inspect, or cause to be inspected, the condition and state of health of the animal. (2) Where a protected animal is found on inspection (whether the inspection is made for the purposes of this section or otherwise) not to be in a state of well-being, the person in possession or control of the animal shall immediately take all necessary measures to prevent the animal being caused injury or unnecessary suffering (including seeking appropriate treatment from a veterinary practitioner or other appropriate person). (3) Where on an inspection of an intensive unit (whether the inspection is made for the purposes of this section or otherwise) a defect in equipment is discovered, the owner or the person in charge of the unit shall immediately remedy, or cause to be remedied, the defect or, if this is impracticable, the owner or person shall immediately take or cause to be taken all necessary measures required to safeguard the welfare of a protected animal kept in the unit. (4) Where measures referred to in subsection (3) are taken, the owner or person in charge of the unit shall ensure that the measures are maintained until the defect is remedied. (5) In any proceedings in which it is shown that an inspection referred to in subsection (2) or (3) was carried out and that on such inspection either an animal was found not to be in a state of well-being or a defect described in subsection (3) was discovered, it is a defence for the accused to show both that he or she was unaware that the inspection had been carried out and that in the circumstances of the case his or her being so unaware was not unreasonable. (6) A person who fails to comply with this section commits an offence. (7) Where a person having possession or control of a protected animal fails to comply with this section or section 20 and that person is not the owner of the animal, then the owner of the animal shall also have committed an offence under this section in respect of the subsection concerned, unless he or she shows that he or she took all reasonable steps to ensure the subsection concerned was complied with. (8) In this section “intensive unit” means a premises on which protected animals are kept under a husbandry system relying, for the purpose of providing for the care of the animals, on automatic equipment to such an extent that a failure of that equipment would, if it were not rectified or if some alternative arrangements were not made for the care of the animals contained therein, cause the animals unnecessary suffering. Records as regards intensive units. 20.—(1) Where an inspection is made under section 19 (1)(a), the person in charge of the intensive unit to which the inspection relates shall make or cause to be made in relation to the inspection a record of— (a) the date and time of the inspection, (b) the name of the person carrying out the inspection, (c) the condition of the animals inspected, (d) particulars of any defect in the unit which was discovered during the inspection, (e) particulars of any steps taken to remedy the defect, and (f) such other particulars as may be prescribed by animal health and welfare regulations. (2) A person referred to in subsection (1) shall retain the record for a period of 3 years after its recording and produce it for inspection, on request, by an authorised officer. (3) A record required to be maintained under this section may be maintained in non-legible form if it is capable of being reproduced in legible form if so requested by an authorised officer. (4) A person who fails to comply with this section commits an offence. (5) In this section “intensive unit” has the meaning assigned to it in section 19 (8). Welfare of animals during sale. 21.—(1) A person who has in his or her possession or under his or her control a protected animal for sale or supply shall ensure that— (a) the animal is kept at all times in accommodation that is suitable as respects the size, temperature, lighting, ventilation, cleanliness of the accommodation, (b) the animal is supplied with, and has ready access to, a sufficient quantity of suitable food and drink in accordance with section 13 , (c) the animal is not sold or supplied where, having regard to— (i) the age of the animal, and (ii) the animal’s nature, type, species, breed and degree of development, its adaptation and domestication and its physiological and behavioural needs in accordance with established experience and scientific knowledge, the sale or supply of the animal at that age causes or is likely to cause avoidable or unnecessary suffering to the animal, (d) all reasonable precautions are taken to prevent the spread of disease or a disease agent among animals or to human beings, and (e) the animal is safeguarded against fire, environmental or other hazards. (2) A person who fails to comply with subsection (1) commits an offence. (3) Where a person having possession or control of a protected animal fails to comply with subsection (1) and the person is not the owner of the protected animal, then the owner of the animal shall also have committed an offence under subsection (2), unless the owner shows that he or she took all reasonable steps to ensure that all necessary measures in the circumstances were taken to comply with subsection (1). Regulation of sale of animals to minors. 22.—(1) A person shall not— (a) sell an animal to a person who is apparently under the age of 16 years, or (b) give an animal as a prize to a person who is apparently under the age of 16 years, unless that person is accompanied by a person of full age to whom section 2 (3) refers. (2) A person who contravenes this section commits an offence. Humane destruction of animal. 23.—(1) Subject to this section, a person shall not kill a protected animal or cause or permit another person to kill a protected animal, unless the person killing the animal is competent to kill it in accordance with animal health and welfare regulations (if any) and does so in such manner as to inflict as little suffering as possible in the circumstances. (2) If an authorised officer, a veterinary practitioner acting as such or a person specified in animal health and welfare regulations is of the opinion that— (a) an animal is fatally injured, (b) an animal is so severely injured or diseased or in such pain or distress that, for the alleviation of its suffering, it should be killed, (c) to prevent further suffering to an animal, it is necessary or expedient, or (d) an animal is a danger to life or property, he or she may, without having to seek the consent of its owner or the person in control of it, kill the animal or cause the animal to be killed or destroyed in such manner as to inflict as little suffering as possible in the circumstances and may destroy or dispose of the carcass or cause the destruction or disposal of the carcass. (3) An authorised officer or person specified in animal health and welfare regulations (who is not a veterinary practitioner) shall not do anything under subsection (2)(a), (b) or (c) unless he or she has consulted with, or made a reasonable attempt in the circumstances to consult with, a veterinary practitioner in that regard. (4) If an authorised officer in performance of the functions conferred on the officer under section 38 (4)(v), seizes and detains an animal, the officer may, if he or she considers it reasonable to do so, kill the animal or cause the animal to be killed in such manner as to inflict as little suffering as possible in the circumstances and may destroy or dispose of the carcass or cause the destruction or disposal of the carcass. (5) Nothing in this section prevents the occasional killing by or on behalf of the owner of an individual protected animal that is injured if the killing is to prevent unnecessary, avoidable or excessive suffering to the animal. (6) In forming an opinion for the purposes of subsection (2), an authorised officer may, among other considerations, have regard to— (a) veterinary or other reputable opinion or advice which may be of general application or, in a particular instance, be obtained remotely, or (b) a code of practice. (7) A person who contravenes subsection (1) commits an offence. Measures relating to animals in distress. 24.—(1) If an authorised officer has reasonable grounds for believing that a protected animal is injured or suffering or is in a state of acute neglect or distress, the officer may take, or arrange for the taking of, such steps as appear to him or her to be immediately necessary to alleviate the animal’s suffering, including— (a) requiring a person apparently in possession or control of the animal to— (i) obtain any necessary veterinary attention from a veterinary practitioner for the animal, or (ii) provide appropriate shelter, food and drinkable water for the animal suitable to its needs, or (b) seizing and detaining the animal and any dependent offspring of the animal under section 38 (4)(v). (2) Where an animal is seized and detained for the purposes of subsection (1), an authorised officer may remove it, or arrange for it to be removed, to a place of safety, or such other place as the officer thinks fit. (3) Where an authorised officer exercises a power under this section, otherwise than with the knowledge of a person who is responsible for the animal concerned, that officer must, as soon as reasonably practicable after exercising the power, take such steps as are reasonable in the circumstances to bring the exercise of the power to the notice of that person. (4) The costs of anything done under this section may berecovered by the authorised officer concerned, the local authority concerned or the Minister in a court of competent jurisdiction or by deducting the sum from any moneys due or becoming due and payable by the Minister to the person. (5) Where a local authority or the Minister proposes to recover the costs of anything done under this section, the authority or Minister, as the case may be, shall— (a) inform by notice the person concerned of the costs (including, but not limited to, salaries, subsistence, hiring of vehicles, machinery or equipment, feeding and veterinary fees), the reason for the costs and that the person may make representations in relation to the proposal not later than 14 days from the date of the notice, (b) consider any representations duly made, and (c) make a decision and inform by notice the person concerned, stating the decision and the reasons for the decision. (6) This section is in addition to and not a substitution for the emergency measures under section 44 . (7) A person who fails to comply with subsection (1)(a) commits an offence. PART 4 Codes of Practice Codes of practice. 25.—(1) The Minister may— (a) establish a code of practice, or (b) adopt, in whole or in part, a code of practice published by another person (whether within the State or otherwise), for the purpose of providing practical guidance relating to any of the purposes in this Act. (2) A code of practice established or adopted under subsection (1) may provide, amongst other matters, for— (a) the care of animals, (b) the good governance and operation of persons or bodies concerned with animal welfare, the prevention of cruelty to, rescue of, or provision of sanctuary to, animals, (c) biosecurity measures, (d) breeding and rearing of animals, (e) the provision of food and liquid for animals, (f) the provision of housing and shelter for animals, (g) allowing animals to exhibit their natural and normal behaviour, or (h) safeguarding animals from environmental hazards. (3) A code of practice shall be published by the Minister— (a) on the website of his or her Department of State in such a form or manner as the Minister thinks appropriate, and (b) in printed form available on request on payment of such fee (if any) as the Minister decides, and the code published shall specify the date from which it or any amendment to it has effect. (4) A person who has in his or her possession or under his or her control an animal of a particular class or description shall have due regard to a code of practice that applies in relation to an animal of that class or description. (5) Before establishing or adopting a code of practice, the Minister— (a) shall publish on the website of his or her Department of State a draft of the proposed code and allow persons 30 days from the date of publication to make written representations to him or her in relation to the draft code or draft amendment, and (b) may, having considered any representations received, establish or adopt the draft code, with or without modification. (6) In proceedings for an offence under this Act relating to an animal where there was a code of practice in effect at the time of the commission of the alleged offence, subsection (7) applies. (7) Where it is shown in any proceedings that an act or omission of the accused constituted an element of an offence and such act or omission was— (a) a failure to observe a code of practice referred to in subsection (6), or (b) in compliance with that code of practice, the failure or compliance is admissible in evidence. (8) A copy of a code of practice which has endorsed on it a certificate purporting to be signed by an officer of the Minister, authorised by the Minister in that behalf, stating that the copy is a true copy of the code of practice may, without proof of the signature of the person signing the certificate or that he or she is authorised to sign the certificate, be produced in every court and in all proceedings under this Act and is evidence, unless the contrary is shown, of the code of practice. PART 5 Animal Health Levies Animal health levies. 26.—(1) The Minister may, subject to subsection (3), for the purposes of disease prevention, disease control, disease eradication and matters ancillary to those purposes, charge a levy (“animal health levy”) of the amount prescribed in regulations made by the Minister to be paid to the Minister in accordance with section 28 as respects— (a) milk received for processing, (b) an animal slaughtered in an establishment, registered or approved or required to be registered or approved for the purposes of an act adopted by an institution of the European Union, used for the slaughter of animals, or (c) an animal exported live from the State. (2) The species or type of animal to which animal health levy applies and the amount of animal health levy payable may be prescribed, from time to time, by regulations made by the Minister for the purposes of this section and different rates of animal health levy may be prescribed in respect of milk, animals generally or animals of different species. (3) Where the Minister proposes to make regulations under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House. (4) Levy due and payable immediately before the repeal of the Bovine Diseases (Levies) Act 1979 may be collected, on or after such repeal takes effect, as if due under this Part. Duty to pay levy before export of live animals. 27.—(1) A person shall not export or attempt to export an animal live from the State unless he or she— (a) has paid to the Minister the amount of any outstanding animal health levy, or (b) is acting in accordance with regulations under this section relating to the payment to the Minister of animal health levy. (2) The Minister may by regulations provide for matters relating to the payment of animal health levy and such regulations may in particular provide for— (a) the periodic issue of invoices, including by means of electronic communication, (b) the prohibition on the export of an animal except under specified conditions, (c) the receipt of animal health levy including by electronic means, (d) the arrangements for the collection and payment of animal health levy on behalf of persons from whom it is due and payable by persons of a particular class or description, (e) the keeping of records and the making of returns (including electronic records and returns) for the purposes of this Part, (f) the persons or a class of persons by whom such records are to be maintained or returns made, (g) the period for which such records are to be maintained, (h) the production of such records to such persons as are specified in the regulations, (i) the use of systems whether maintained under Part 11 or otherwise for the purposes of assessing and verifying the amount of animal health levy due and payable, and (j) such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the payment of animal health levy. (3) Regulations made under subsection (2) may provide for different arrangements for the payment of animal health levy due and payable in respect of an animal exported live from the State, in respect of a slaughtered animal or in respect of milk. (4) A person who contravenes subsection (1) or a provision of regulations made under subsection (2) which is stated in the regulations to be a penal provision commits an offence. (5) The Customs Acts apply to an animal the export of which is prohibited by this section or regulations made under subsection (2). Animal health levy due and payable. 28.—(1) Animal health levy is due and payable to the Minister— (a) in case it is payable in respect of an animal exported live, by the person by whom or on whose behalf the animal is being exported, on the day of its export, or (b) in case it is payable in respect of an animal being slaughtered, by the holder of the registration, authorisation or approval for the establishment where it is slaughtered granted for the purposes of an act adopted by an institution of the European Union, on the day on which the animal is slaughtered, or (c) in case it is payable in respect of milk, by the person who receives it, on the day on which the milk is received. (2) A person by whom animal health levy is payable shall, unless otherwise provided for in regulations under section 27 (2), not later than 30 days commencing on the expiration of the calendar month in which a day referred to in subsection (1) occurs, furnish to the Minister a true and correct return (including, in particular, the quantity of milk or the number of animals, as may be appropriate) in a manner and form that the Minister may determine, of the amount of animal health levy which became payable by the person during that calendar month and shall at the same time remit to the Minister the amount of animal health levy, payable by him or her in respect of that calendar month. (3) A sum payable by a person for or on account of animal health levy may be recovered by the Minister in a court of competent jurisdiction or by deducting the sum from any moneys due, or becoming due, and payable by the Minister to that person. (4) In any proceedings to which this Part applies, a certificate purporting to be signed by an officer of the Minister and stating that— (a) a specified amount in respect of animal health levy is due and payable by a named person to the Minister, or (b) a return referred to in subsection (2) or regulations made under section 27 (2) was not furnished to the Minister by a named person or was not so furnished within the period specified in subsection (2) or, as the case may be, regulations made under section 27 (2), is evidence, unless the contrary is shown, of the facts specified in the certificate and that the certificate was signed by an officer of the Minister. Duty to keep records. 29.—(1) A person by whom animal health levy is payable shall, in accordance with the instructions (if any) given by the Minister, keep full and true records of all transactions which affect his or her liability to pay animal health levy. (2) A person who keeps a record for the purposes of subsection (1) shall retain the record for a period of 3 years from the date of the latest transaction to which the record relates. (3) Subsection (2) does not apply— (a) where the Minister notifies a person who keeps a record for the purposes of subsection (1) that retention of records is not required, or (b) to the books and papers of a company which have been disposed of in accordance with section 305(1) of the Companies Act 1963 . (4) A person who fails to comply with this section commits an offence. PART 6 Destruction, Disposal, etc., of Animals Destruction and disposal. 30.—(1) The Minister may direct that an animal be killed or that a carcass, animal product, animal feed or other thing be destroyed or disposed of where, in the opinion of the Minister— (a) it is affected with a disease or a disease agent, (b) it may be or is suspected of being affected with a disease or a dise …