(a) the estimated costs incidental to the sale, and (b) the estimated amount of any tax or duty owing to the State in respect of that thing, and when it cannot be sold legally then the value, if any, that the court considers appropriate.
\n
Disqualification.
\n
58.—(1) On conviction for an offence under this Act, except in respect of an offence under section 18
\n
(5), 36
\n
(4)(a), 51
\n
(4)or 64
\n
(4)or referred to in section 52
\n
(1)which is a first offence under any of those provisions committed within the previous 3 years, the court may order that the person convicted of the offence may, in addition to the penalty imposed, by order of the court (“disqualification order”)— (a) be disqualified from owning, having any interest in, keeping, dealing in or having charge or control, directly or indirectly, of an animal, animal product or animal feed or a class or classes of animal, animal product or animal feed, and (b) be disqualified from working with animals or having charge or control of the slaughter, manufacture, importation, preparation, handling, storage, transport, exportation, distribution, sale or supply of an animal, animal product or animal feed or of any class or classes of animal, animal product or animal feed, for a period, including, where appropriate, for the life of the person, as the court considers appropriate.
\n
(2)If any time after the expiration of 3 months from the date of a disqualification order or such further period as the court may determine, the person in respect of whom the order is made may apply to the court on notice for an order to vary or discharge the original order and the court may vary or discharge the order if satisfied that there is good reason to do so.
\n
(3)If an application under subsection (2) is refused, a further application shall not be made within 3 months of the date of that refusal.
\n
(4)A disqualification order may contain such ancillary, supplementary and incidental measures as the judge making the order considers necessary for the order to have full effect.
\n
(5)A person shall not own, or purport to own, have any interest in, keep, deal in or have control, directly or indirectly, of an animal, animal product or animal feed or a class or classes of animal, animal product or animal feed with the purpose of evading a disqualification order.
\n
(6)Where the prosecutor has reasonable grounds to believe that— (a) a person to whom a disqualification order relates, or (b) another person, is evading, or attempting to evade a disqualification order, or is conspiring in such evasion, he or she may, on notice, apply to the court for such directions as it may consider appropriate to give for the purpose of preventing such evasion.
\n
(7)Where a person is subject to a disqualification order, an approval, authorisation, licence, permit or registration held by the person to whom the order relates under any other enactment or act adopted by an institution of the European Union relating to an animal, animal product or animal feed or class or classes of animal, animal product or animal feed to which the order relates, is suspended for the period the order is in force.
\n
(8)A person who breaches a disqualification order or contravenes subsection (5) commits an offence.
\n
(9)A disqualification order takes effect, except by leave of the court, upon its making.
\n
Seizure of animals in connection with disqualification.
\n
59.—(1) Where— (a) a court makes a disqualification order, and (b) it appears to the court that the person to whom the order applies owns or has possession or control of an animal contrary to the order, it may order that all animals that the person owns or has possession or control of contrary to the disqualification order be delivered up or seized and detained in accordance with the order.
\n
(2)Where a person is convicted of an offence under section 58
\n
(8)because of owning or keeping an animal in breach of a disqualification order, the court by or before which that person is convicted may order that any or all animals that that person owns or keeps in breach of the order be delivered up or seized and detained, sold, disposed of or destroyed in accordance with the order.
\n
(3)The profits arising from any sale, disposal or destruction under subsection (2) shall be paid to the prosecutor.
\n
(4)A court shall not make an order under this section unless the court is satisfied that in the circumstances all practicable measures have been taken to notify any person of the proceedings relating to the application for the order and who, in the opinion of the court, should be given the opportunity of being heard by it on that application.
\n
(5)Where the court makes an order under this section, it may order the person disqualified to reimburse the expenses incurred in carrying out the order.
\n
(6)An order under this section takes effect, except by leave of the court, on its making.
\n
Forfeiture of animal.
\n
60.—(1) On conviction for an offence under section 36
\n
(4)(b)(ii) or referred to in section 52
\n
(2)the court may on application to it order the forfeiture to the prosecutor of any animal to which the offence relates and which is owned by the person convicted or, where the court is satisfied that the owner is unknown or cannot be found, where it considers it appropriate having regard to the welfare and interests of the animal and the fitness of the person convicted to own or have possession or control of an animal.
\n
(2)Whenever an order is made under this section, an authorised officer, may for the purpose of giving it effect— (a) seize and detain the animal, and (b) do such other things as are authorised by the order or are necessary for the purpose aforesaid.
\n
(3)A prosecutor referred to in subsection (1) may deal with, sell or dispose of (including its destruction) any animal so forfeited as he or she sees fit.
\n
(4)A court shall not make an order under this section unless the court is satisfied that in the circumstances all practicable measures have been taken to notify any person affected of the proceedings relating to the application for the order and who, in the opinion of the court, should be given the opportunity of being heard by it on that application.
\n
(5)Where the court makes an order under this section, it may order the person convicted to reimburse the expenses incurred in carrying out the order.
\n
(6)An order under this section takes effect, except by leave of the court, upon its making.
\n
Person incapable of taking care of animals.
\n
61.—(1) A judge of the District Court, after hearing an application under this section by— (a) the Minister, (b) a local authority, (c) the Health Service Executive, (d) a member of the Garda Síochána, or (e) a parent, relative, spouse (all within the meaning of the Mental Health Act 2001 ) or civil partner (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ) (other than a spouse or civil partner who is living separately and apart from the person or in respect of whom an order has been made under the Domestic Violence Act 1996 ) of a person, or, in proceedings under this Act, on his or her own motion if he or she is satisfied that, having regard, amongst other considerations, to medical evidence presented to him or her, that a person, because of, physical or mental infirmity, addiction to drugs or intoxicants, or a personality disorder is incapable of taking care of an animal or an animal of a particular class or description or is incapable of carrying out a duty under this Act, may order— (i) that an animal in the possession of the person or of which the person has control be sold or otherwise disposed of, (ii) that the number of animals generally or of a particular class or description in the person’s possession or under his or her control be reduced to a number (which may be zero) specified in the order, (iii) that the person refrain from purchasing or having in his or her possession or under his or her control animals generally or animals of a particular class or description, (iv) that the person refrain from a particular activity in relation to animals, (v) that food and liquid specified in the order be made available to animals in the possession of the person or of which the person has control, (vi) that care specified in the order, including veterinary treatment, be made available to animals in the possession of the person or of which the person has control, (vii) that biosecurity measures specified in the order be put in place in respect of— (I) land or premises specified in the order, or (II) animals in the possession of the person or of which the person has control, (viii) that another person nominated by the judge manage the land or premises owned or occupied by the person and animals located there, or (ix) any other measure that the judge considers appropriate having regard to the need to protect the health and welfare of the animal, to avoid injury or unnecessary suffering to the animal or to prevent the risk of, or spread of, disease or of a disease agent.
\n
(2)An application under this section may be heard otherwise than in public.
\n
(3)An order under subsection (1) may contain such ancillary, supplementary and incidental measures as the judge making the order considers necessary for the order to have full effect.
\n
(4)The costs of complying with an order under subsection (1) shall, unless the court is satisfied that there are special or substantial reasons for not so doing, be paid to the Minister by the person who has possession or control of an animal to which the application relates and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deducting the sum from any monies due, or becoming due, and payable by the Minster to the person.
\n
Proof and authentication of certain documents.
\n
62.—(1) Without prejudice to the Criminal Evidence Act 1992 , a copy of a record which has endorsed on it a certificate purporting to be signed by a person (authorised by the Minister in that behalf) stating that the copy is a true copy of the record may, without proof of signature (including an electronic signature) of that person, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the record.
\n
(2)A copy of an animal health and welfare notice, a fixed payment notice, a direction or requirement in writing of an authorised officer or a licence, permit, approval or authorisation under animal health and welfare regulations shall be authenticated by the signature of the person issuing it. An electronic signature (within the meaning of section 2 of the Electronic Commerce Act 2000 ) may be used for such authentication.
\n
PART 11
\n
Animal Tracing Systems Animal tracing systems.
\n
63.—(1) The Minister may establish and continue animal tracing systems (including a database) in which shall be entered data mentioned in subsection (2) in relation to protected animals.
\n
(2)For the purposes of subsection (1), the Minister may by regulations provide for— (a) the collection of data by such means, including electronically, as the Minister considers appropriate, on— (i) land and premises where protected animals are kept, (ii) births, movements and deaths of protected animals, (iii) persons who move protected animals whether on their own behalf or on behalf of other persons, (b) the persons or classes of persons required to submit or keep data, (c) the type or breed of protected animal to which the collection of data applies, (d) the period within which data is to be submitted and to whom, (e) the form and content of data to be kept, (f) the use of a database in connection with tracing and, in particular, the export, movement, sale or supply of a protected animal, or slaughter for human consumption of a farm animal, and (g) provision for access to such databases, systems and data.
\n
(3)In proceedings for an offence for a contravention of or failure to comply with regulations made under subsection (2) a certificate purporting to be signed by a person employed in connection with an animal tracing scheme stating the capacity in which the person is employed and stating that on a particular day or days, or during a particular period— (a) data required to be submitted— (i) was received and the information contained in that data, or (ii) by a named person was not received, and (b) data specified in the certificate is a legible copy of the data stored in the system, is, until the contrary is shown, sufficient evidence of the facts stated in the certificate.
\n
(4)The Minister may for the purposes of animal tracing systems in regulations provide for the regulation, either generally or in specified circumstances, of the export, movement, sale or supply of protected animals or slaughter for human consumption of farm animals, to which the regulations apply.
\n
(5)A person who contravenes or fails to comply with a provision of regulations made under this section which is stated in the regulations to be a penal provision— (a) to which this paragraph applies, commits an offence and is liable, on summary conviction, to a class A fine, or (b) to which this paragraph applies, commits an offence and is liable— (i) on summary conviction, to a class A fine or to a term of imprisonment not exceeding 6 months, or to both, or (ii) on conviction on indictment, to a fine not exceeding €250,000, or to imprisonment for a term not exceeding 5 years, or to both.
\n
(6)Regulations made under this section are in addition to and not in substitution for animal health and welfare regulations.
\n
(7)In this section “data” means information supplied or gathered and records kept for the purposes of tracing protected animals under protected animal tracing systems.
\n
Census of animals.
\n
64.—(1) The Minister may conduct a census of animals or of animals of a particular class or description for the purpose of confirming the location, category and ownership of animals in the State or for any other purpose.
\n
(2)The Minister may make regulations requiring persons to provide information under this Act, specifying, in particular— (a) the general nature of the information required, (b) the frequency with which it is to be provided, and (c) the persons required to provide it.
\n
(3)The Minister may, under regulations made under subsection (2), direct a person by notice in writing— (a) to complete and return a form, questionnaire or other record in accordance with any instructions set out in the notice or otherwise communicated to the person, (b) to answer questions asked of the person, or (c) to supply any record, copy or extract from any record, within such period, being not less than 14 days, specified in the notice from the service of the notice and in such manner as specified in the notice.
\n
(4)A person who fails to provide information in accordance with a requirement under regulations made under this section commits an offence and is liable on summary conviction to a class B fine.
\n
PART 12
\n
Animal Marts Definitions.
\n
65.— In this Part— “business of an animal mart” means the business of selling animals by auction or providing for the holding of sales of animals by auction at a place adapted for the sale of animals by auction; “licence” means a licence under section 67 ; “livestock” means cattle, sheep or pigs; “other activity or event” means an activity or event involving the sale of animals, which is not the business of an animal mart, prescribed under section 66
\n
(1)(b).
\n
Prohibition of unlicensed animal marts, etc.
\n
66.—(1) A person shall not carry on— (a) the business of an animal mart, or (b) such other activity or event involving the sale of animals as the Minister may prescribe by order, subject to any conditions contained in the order, in respect of— (i) livestock, or (ii) such other breed, species, type or class of animal as the Minister may prescribe by order, at any place unless there is for the time being a licence in force in respect of that place.
\n
(2)A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months, or to both.
\n
Grant of licences for animal marts, etc.
\n
67.—(1) On the application of or on behalf of a person who proposes to carry on the business of an animal mart or other activity or event at a specified place in such form and containing such particulars as the Minister may direct, the Minister may, at his or her discretion, grant for such duration as he or she sees fit, a licence authorising the carrying on of that business, activity or event at that place.
\n
(2)The Minister may attach such terms or conditions, as he or she considers appropriate to the licence.
\n
(3)The Minister may, if he or she so thinks fit, amend or revoke a condition attached to a licence.
\n
(4)If the holder of a licence breaches a condition attached to the licence or causes another to breach a condition of it he or shecommits an offence and is liable on summary conviction to a class A fine.
\n
(5)If a holder of a licence breaches a term or condition attached to the licence or causes another to breach a condition of it, the Minister may suspend the licence for such period or periods as the Minister considers necessary for the licence holder to remedy the breach.
\n
(6)A licence granted under section 3 of the Livestock Marts Act 1967 which is in force immediately before the commencement of this section continues in force as if granted under this section.
\n
Power of Minister to revoke or refuse licence.
\n
68.—(1) The Minister may, at any time, revoke or refuse to grant a licence if the Minister is satisfied that— (a) the holder of, or applicant for, a licence is guilty of any offence under this Act, or (b) there has been a contravention (whether by commission or omission) of a regulation made under this Act or under the European Communities Act 1972 (which applies to the business of an animal mart or other activity or event) or of a condition attached to the licence.
\n
(2)Before revoking or refusing a licence the Minister shall— (a) notify, in writing, the holder of, or applicant for, the licence of the intention to revoke or refuse the licence and of the reasons for the revocation or refusal, (b) notify, in writing, the holder of, or applicant for, the licence that he or she or a person acting on his or her behalf, may make representations to the Minister in relation to the intended revocation or refusal not later than 14 days from the date of issue of the notification, and (c) consider any representations made under paragraph (b) before deciding whether or not to proceed with the revocation or refusal.
\n
(3)Where the Minister decides to proceed with the revocation or refusal of a licence under this section, the Minister shall, by notice in writing, notify the holder of, or applicant for, the licence— (a) of the decision and of the reasons for that decision, (b) of the time limit within which, and of the manner in which an appeal against the revocation or refusal may, pursuant to section 69 , be made, and (c) if the holder of the licence may continue to carry on the business of an animal mart or other activity or event.
\n
Appeal against refusal or revocation of licence.
\n
69.—(1) If the Minister revokes or refuses to grant a licence, the holder of, or applicant for, the licence may, not later than 21 days after the date of the service of the notice of the revocation or refusal, appeal to the District Court against the refusal or revocation.
\n
(2)If the Minister revokes a licence, the holder may, if the Minister is satisfied that there is no danger to public health, continue to carry on the business of an animal mart or other activity or event— (a) until the time for bringing an appeal has elapsed, or (b) if an appeal is made, until such time as the appeal is determined in the District Court, and thereafter the business, activity or event may be conducted only by leave of the District Court.
\n
(3)Where, in accordance with subsection (2) the holder of a licence continues to carry on the business of an animal mart, activity or event, notwithstanding the revocation, this Part continues to apply as if the licence with respect to that mart, activity or event had not been revoked.
\n
(4)On the hearing of an appeal under this section, the District Court may— (a) dismiss the appeal, or (b) allow the appeal and direct the Minister to grant the licence or cancel the revocation, and the decision of the District Court shall be final save that, by leave of that Court, an appeal shall lie to the High Court on a point of law.
\n
(5)On the hearing of an appeal under this section, the onus of establishing that the provisions of this Part in relation to the granting or continuing in force of a licence have been complied with shall lie on the person making the appeal.
\n
(6)The jurisdiction conferred on the District Court by this section shall be exercised by the judge for the time being assigned to the District Court District where the person making the appeal resides or carries on business.
\n
Regulations in relation to animal marts.
\n
70.—(1) The Minister may, for the purpose of ensuring— (a) the proper conduct of— (i) places where the business of an animal mart or other activity or event is carried on, and (ii) such business or persons at such marts or other activities or events, (b) the adequate and suitable hygienic and veterinary standards in relation to such places and auctions or sales of animals at such places, and (c) the provision of adequate and suitable accommodation and facilities for such auctions or sales and for persons and animals at such auctions or sales, make such regulations as he or she thinks appropriate in relation to such places and such businesses.
\n
(2)Without prejudice to the generality of subsection (1), regulations under this section may— (a) prescribe the manner in which entries for auctions of animals or sales at such places shall be received, (b) provide that entries for such auctions or sales shall not be refused except in circumstances prescribed in the regulations, (c) prescribe the manner in which such auctions or sales shall be conducted, (d) provide that the receipt of entries for and the conduct of such auctions or sales shall be carried out in accordance with conditions of sale drawn up by the owner of each such place and approved of by the Minister and that the conditions of sale relating to any such place shall be displayed in a prominent position which is accessible to the public at that place, (e) prescribe requirements as to the size, design, maintenance, repair, cleansing, cleanliness, ventilation, heating and lighting of any buildings (including animal holding areas) in which such auctions or sales are held, (f) prescribe requirements as to the accommodation (including washing facilities and sanitary conveniences) provided at such places, (g) prescribe requirements as to, and provide for, the veterinary examination of animals at such auctions, the veterinary inspection of animal marts or the places where such other activities or events are held and the veterinary supervision of such auctions or sales, (h) provide for the inspection of such places and the supervision of such auctions or sales by health authorities and their officers, (i) prescribe hygienic and veterinary requirements and standards for such places and such auctions or sales, (j) prescribe the information to be provided in relation to each lot being sold.
\n
(3)A person who contravenes a provision of regulations under this section commits an offence and is liable on summary conviction to a class A fine.
\n
Application (Part 12).
\n
71.— This Part is in addition to, and not in substitution for, animal health and welfare regulations.
\n
PART 13
\n
Miscellaneous Forgery.
\n
72.—(1) A person shall not forge or utter knowing it to be forged— (a) a record, a licence, a permit, a registration, an approval, an authorisation, a certificate, a document or other thing required by this Act, (b) a form of identification relating to an animal, (c) a requirement of an authorised officer under section 41 , if the requirement is in writing, (d) an animal health and welfare notice, or (e) a notice erected under animal health and welfare regulations or an animal health and welfare notice.
\n
(2)A person shall not alter with intent to defraud or deceive, or utter knowing it to be so altered— (a) a record, a licence, a permit, a registration, an approval, an authorisation, a certificate, a document or other thing required by this Act, (b) a form of identification relating to an animal, (c) a requirement of an authorised officer under section 41 , if the requirement is in writing, (d) an animal health and welfare notice, or (e) a notice erected under animal health and welfare regulations or an animal health and welfare notice.
\n
(3)A person shall not have, without lawful authority (the proof of which lies on him or her), in his or her possession or under his or her control a document that has been forged, uttered or altered in contravention of subsection (1) or (2).
\n
(4)A person who contravenes this section commits an offence.
\n
Fees.
\n
73.—(1) A person shall pay— (a) on application for a registration, licence, permit, approval, authorisation or certificate of the Minister or other person under animal health and welfare regulations, (b) in respect of an inspection required before consideration of an application mentioned in paragraph (a), (c) in respect of the provision of any examination, test or analyses of an animal, animal product, animal feed or other thing or sample, or (d) in respect of any treatment of an animal by the Minister, such fee (if any) as may be fixed from time to time by the Minister.
\n
(2)Different fees may be fixed in respect of applications for different classes of the matters referred to in subsection (1) but may not exceed the cost of providing the service, estimated by the Minister, to which the fee relates.
\n
(3)The Minister or other person referred to in subsection (1) shall not consider an application unless it is accompanied by the appropriate fee (if any).
\n
(4)The Minister may publish in such manner as he or she decides fees fixed under this section.
\n
Service agreements.
\n
74.—(1) The Minister may, from time to time, enter in writing into an agreement or other arrangement (“service agreement”) subject to such terms or conditions as the Minister decides, with another person for the performance of a function under this Act (other than a function under sections 1
\n
(2), 7 , 9 , 26
\n
(2), 36
\n
(1)regarding the making of regulations, 49 , 55 , 61 , 63 and 64
\n
(2)and under Parts 6 and 9).
\n
(2)The Minister may at any time withdraw or alter the terms of a service agreement.
\n
(3)A service agreement operates, so long as it continues in operation, to confer on and vest in the person with whom the agreement is made, the function specified in, and subject to any conditions set out in, the agreement.
\n
(4)Notice of a service agreement or its withdrawal or alteration, shall be published in the Iris Oifigiúil and in such other manner (if any) as the Minister decides.
\n
Continuance of certain instruments.
\n
75.— The statutory instruments mentioned in Schedule 4 , are continued in force and are considered to be animal health and welfare regulations and may be amended or revoked under section 36 .
\n
PART 14
\n
Amendment of Certain Enactments Amendment of Animal Remedies Act 1993.
\n
76.—(1) The Animal Remedies Act 1993 is amended— (a) in section 8, by substituting for subsection (1)(b)(iv) the following: “(iv) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purpose of implementing regulations under this section including, if the regulations are for the purpose of giving effect or further effect to existing or future acts of an institution of the European Union, provisions repealing, amending or applying, with or without modifications, other law.”, (b) in section 22, by substituting for subsection (1) the following: “(1) An offence under this Act that may be prosecuted summarily may be so prosecuted by the Minister.”, and (c) in section 23— (i) in subsection (1), by substituting for paragraph (a) (as amended by section 41(1)(b)(i) of the Act of 2006) the following: “(a) on summary conviction, to a class A fine, or to imprisonment for a term not exceeding 6 months, or to both,”, and (ii) in subsection (2), by substituting for paragraph (a) (as amended by section 41(1)(b)(ii) of the Act of 2006) the following: “(a) on summary conviction, to a class A fine, or to imprisonment for a term not exceeding 6 months, or to both,”, (d) in section 29, by substituting for subsection (1) (inserted by section 41(1)(c) of the Act of 2006) the following: “(1) There shall be paid— (a) on an application for the grant of a licence, the issue of an authorisation or a certificate or the provision of a service under regulations made under section 8 or a renewal or amendment of any of them, such fee (if any), (b) in respect of a licence, authorisation, or certificate under regulations made under section 8 which is in force for a definite or indefinite period of more than 12 months, such annual fee (if any), and (c) in respect of any fee or levy to which regulations under section 8(2)(b)(vii) relate, such fee or levy, as the Minister may determine.”.
\n
(2)In this section “Act of 2006” means Irish Medicines Board (Miscellaneous Provisions) Act 2006.
\n
Amendment of section 17 of Dog Breeding Establishments Act 2010.
\n
77.— The Dog Breeding Establishments Act 2010 is amended, in section 17(b), by the insertion after “Act of 1986” of “or regulations made under section 36 of the Animal Health and Welfare Act 2013”.
\n
Amendment of sections 12 and 15 of Welfare of Greyhounds Act 2011.
\n
78.— The Welfare of Greyhounds Act 2011 is amended— (a) in section 12(7)(b), by substituting for subparagraph (iii) the following: “(iii) Part 2 or 3 or regulations made under section 36 of the Animal Health and Welfare Act 2013,”, and (b) in section 15(8)— (i) in paragraph (a), by substituting for subparagraph (iii) the following: “(iii) an offence under the Animal Health and Welfare Act 2013 relating to a contravention of Part 2 or 3 or regulations made under section 36 of that Act,”, and (ii) in paragraph (b), by substituting for subparagraph (iii) the following: “(iii) an offence under the Animal Health and Welfare Act 2013 relating to a contravention of Part 2 or 3 or regulations made under section 36 of that Act,”.
\n
SCHEDULE 1 Enactments Repealed
\n
Section 4
\n
.
\n
Session and Chapter or Number and Year Short Title or Subject Extent of Repeal
\n
(1)
\n
(2)
\n
(3)5 & 6 Vict., c. 24 Dublin Police Act 1842 Sections 8 and 17(5) 10 & 11 Vict., c. 89 Town Police Clauses Act 1847 Sections 28 and 36 17 & 18 Vict., c. 103 Towns Improvement (Ireland) Act 1854 Sections 72 and 75 41 & 42 Vict., c. 52 Public Health (Ireland) Act 1878
\n
Section 57(1)
\n
50 & 51 Vict., c. 27 Markets and Fairs (Weighing of Cattle) Act 1887 The whole Act 54 & 55 Vict., c. 70 Markets and Fairs (Weighing of Cattle) Act 1891 The whole Act 8 Edw. 7, c. 34 Bee Pest Prevention (Ireland) Act 1908 The whole Act 1 & 2 Geo. 5, c. 27 Protection of Animals Act 1911 The whole Act 11 & 12 Geo. 5, c. 13 Captive Birds Shooting (Prohibition) Act 1921 The whole Act 11 & 12 Geo. 5, c. 16 Importation of Plumage (Prohibition) Act 1921 The whole Act No. 16 of 1933 Musk Rats Act 1933 The whole Act No. 42 of 1934 Slaughter of Cattle and Sheep Act 1934 The whole Act No. 37 of 1935 Slaughter of Cattle and Sheep (Amendment) Act 1935 The whole Act No. 45 of 1935 Slaughter of Animals Act 1935 The whole Act No. 20 of 1936 Flax Act 1936 The whole Act No. 33 of 1936 Slaughter of Cattle and Sheep (Amendment) Act 1936 The whole Act No. 14 of 1938 Agricultural Products (Regulation of Import) Act 1938 The whole Act No. 18 of 1947 Agricultural and Fishery Products (Regulation of Export) Act 1947 The whole Act No. 27 of 1947 Clean Wool Act 1947 The whole Act No. 49 of 1947 Poultry Hatcheries Act 1947 The whole Act No. 9 of 1950 Flax Act 1936 (Suspension) Act 1950 The whole Act No. 10 of 1965 Protection of Animals (Amendment) Act 1965 The whole Act No. 6 of 1966 Diseases of Animals Act 1966 The whole Act No. 20 of 1967 Livestock Marts Act 1967 The whole Act No. 26 of 1968 Wool Marketing Act 1968 The whole Act No. 26 of 1979 Bovine Diseases (Levies) Act 1979 The whole Act No. 11 of 1984 Wool Marketing Act 1984 The whole Act No. 13 of 1984 Protection of Animals Kept for Farming Purposes Act 1984 The whole Act No. 13 of 1985 Control of Bulls for Breeding Act 1985 The whole Act No. 32 of 1986 Control of Dogs Act 1986 Sections 20, 24 and 29 No. 5 of 1996 Bovine Diseases (Levies) (Amendment) Act 1996 The whole Act No. 37 of 1996 Control of Horses Act 1996 Sections 43, 44 and 48 No. 2 of 2000 National Beef Assurance Scheme Act 2000 The whole Act No. 3 of 2001 Diseases of Animals (Amendment) Act 2001 The whole Act No. 29 of 2001 Agriculture Appeals Act 2001 Sections 12 and 13 SCHEDULE 2 Diseases to which Act applies Sections 2 and 7 .
\n
1.Acariasis 2. African horse sickness 3. African swine fever 4. American Foulbrood 5. Anthrax 6. Arizona disease in poultry (Salmonella arizoniae) 7. Aujeszky’s disease 8. Avian chlamydiosis (psittacosis) 9. Avian infectious laryngotracheitis 10. Avian influenza (including highly pathogenic avian influenza and low pathogenic avian influenza) 11. Avian mycoplasmosis (caused by or involving Mycoplasma gallisepticum, Mycoplasma meleagridis or Mycoplasma synovia) 12. Avian paramyxovirus (including Newcastle disease and paramyxovirus of pigeons) 13. Bacterial Kidney Disease (BKD) 14. Bluetongue 15. Bovine viral diarrhoea 16. Brucellosis in ruminants and swine 17. Caprine arthritis/encephalitis 18. Classical swine fever 19. Contagious agalactia 20. Contagious bovine pleuropneumonia 21. Contagious caprine pleuropneumonia 22. Contagious equine metritis 23. Crimean Congo haemorrhagic fever 24. Dourine 25. Echinococcosis (caused by Echinococcus multilocularis) 26. Enzootic abortion of ewes 27. Enzootic bovine leukosis 28. Epizootic haemorrhagic disease 29. Epizootic haematopoietic necrosis 30. Epizootic ulcerative syndrome 31. Equine encephalomyelitis (including Western Equine Encephalomyelitis and Eastern Equine Encephalomyelitis) 32. Equine infectious anaemia 33. Epizootic lymphangitis in equidae 34. Equine piroplasmosis 35. Equine viral arteritis 36. European foulbrood 37. Foot-and-Mouth disease 38. Fowl typhoid (Salmonella gallinarum) 39. Glanders (farcy) in equidae 40. Goat pox 41. Hendra virus 42. Infectious bovine rhinotracheitis/ infectious pustular vulvovaginitis 43. Infection with Bonamia exitiosa 44. Infection with Bonamia ostreae 45. Infection with Gyrodactylus salaris 46. Infection with Marteilia refringens 47. Infection with Microcytos mackini 48. Infection with Ostreid Herpes virus - µvar 49. Infection with Perkinsus marinus 50. Infectious haematopoietic necrosis (IHN) 51. Infectious salmon anaemia (ISA) 52. Japanese encephalitis 53. Koi herpes virus (KHV) 54. Lumpy skin disease 55. Maedi Visna 56. Monkey pox virus 57. Nosema ceranae 58. Ovine pulmonary adenomatosis (Jaagsiekte) 59. Parasitic mange 60. Peste des petits ruminants 61. Paratuberculosis in ruminating animals (Johnes disease) 62. Porcine epidemic diarrhoea 63. Porcine reproductive and respiratory syndrome (PRRS or blue ear) 64. Pullorum disease (Salmonella pullorum) 65. Q fever 66. Rabies 67. Rift Valley fever 68. Rinderpest (cattle plague) 69. Salmonellosis (caused by or involving Salmonella enteriditis or Salmonella typhimurium) 70. Salmonellosis in poultry (caused by or involving Salmonella hadar, Salmonella infantis or Salmonella virchow)
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71.Sheep pox 72. Sheep scab 73. Small hive beetle (Aethina tumidae) 74. Spring viraemia of carp (SVC) 75. Surra (Trypsanoma evansi) 76. Swine influenza 77. Swine vesicular disease 78. Taura syndrome
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Section 79
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79.Teschovirus encephalomyelitis
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Section 80
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80.Transmissible gastro-enteritis (porcine respiratory corona virus)
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Section 81
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81.Transmissible spongiform encephalopathies, including bovine spongiform encephalopathy and scrapie
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Section 82
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82.Trichinellosis
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Section 83
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83.Tropilaelops mite (Tropilaelops spp.)
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Section 84
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84.Tuberculosis in ruminants
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Section 85
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85.Varroasis in bees
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Section 86
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86.Venezuelan Equine Encephalomyelitis
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Section 87
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87.Vesicular stomatitis
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Section 88
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88.Viral haemorrhagic septicaemia (VHS)
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Section 89
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89.Warble fly infestation
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Section 90
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90.White Spot disease
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Section 91
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91.West Nile fever
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Section 92
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92.Yellowhead disease SCHEDULE 3 Matters in respect of which Animal Health and Welfare Regulations may be made
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Section 36
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(1).
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Housing and Husbandry of animals 1. To provide for proper husbandry and management of animals, for proper farming practice and for appropriate welfare standards for animals at all stages of their lives, including during sale, transport or, in the case of farm animals, lairaging or at slaughter.
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2.The provision of a proper supply of food and liquid to an animal.
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3.To provide that an animal has adequate space for movement, exercise, socialisation and other needs.
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4.The provision, maintenance, specifications and equipment of containment in relation to an animal, including the— (a) dimensions and layout of housing, (b) materials to be used in constructing housing, and (c) lighting, heating, cooling and ventilation of housing.
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5.The operation, management and supervision of land or premises on which an animal is kept.
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6.The standards and maintenance of land or premises on which an animal is kept or that is otherwise used in connection with an animal.
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7.The provision and maintenance of drainage, water supply or other facilities for an animal, including the sanitation of land or premises on which an animal is kept or otherwise used.
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8.The protection of animals from adverse weather or other environmental conditions.
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Disease control and veterinary 9. The notification of the existence or suspected existence of disease.
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10.The provision of treatment by a veterinary practitioner or other appropriate person.
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11.The isolation, segregation, treatment (including disinfecting, cleaning and treatment with an insecticide or other substance), storage or disposal of an animal, animal product, animal feed, vehicle, vessel, aircraft, machinery, equipment, land or premises or other thing used in connection with an animal, animal product or animal feed.
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12.The submission of animals, animal products, animal feed and other things for testing or for the taking of samples.
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13.Requiring that animals, animal products, animal feed or other things (or samples from animals, animal products, animal feed or other things) be tested for the purposes of preventing the risk of disease, disease control or surveillance and are subjected to examination, test or analyses in a manner specified.
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Identification of animals 14. The identification (by means of tags, microchips, documents, genetic or electronic means, or otherwise) of an animal, including notification of the birth, death, sale, movement or other event relating to an animal.
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15.The manufacture, import, distribution, sale, supply, possession, control, use or disposal of means of identification or other thing (including a record) relating to the identification of an animal.
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16.The prohibition of tampering with, removal, forgery or alteration of, and the regulation of the means of, identification or other thing (including a document) relating to the identification of an animal.
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Measures to be taken regarding animals 17. The destruction, burial or disposal of an animal, animal product, animal feed, litter, vehicle, vessel, aircraft, container, equipment, machinery or other thing used in connection with an animal, animal product or animal feed.
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18.The regulation (including prohibition) of examination, taking of samples or carrying out of tests and analyses on an animal, a sample taken from an animal, animal product, animal feed,litter, bedding, vehicle, vessel, aircraft, container, equipment, machinery or other thing used in connection with an animal.
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19.The provision of biosecurity measures, including the use of personal protective equipment and the cleansing or disinfecting of clothing, equipment, machinery, land or premises.
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20.The maintenance and repair of boundary fences, walls or other structures.
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Transport or movement of animals 21. The regulation (including prohibition) of transport or movement of animals, animal products or animal feed, including notification of their transport or movement and related matters.
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22.The transport or movement of an animal, animal product or animal feed, a vehicle or container, or vessel or aircraft, used in connection with the transport or movement of an animal or other thing referred to in this paragraph, including the— (a) standards required of equipment, a vessel, aircraft, vehicle, container or other thing used for, or ancillary to, the transport or movement of an animal, animal product or animal feed, and (b) care, including feeding, watering and rest periods of an animal during transport or movement.
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23.The information to accompany an animal or to be provided before or after an animal is transported or moved including details of the person to whom, and manner in which, the information is to be provided.
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24.The regulation or prohibition on the import into, or export from, the State of an animal, animal product, animal feed, litter, bedding, farm machinery, animal transport vehicles and other equipment used with or in connection with a thing to which this paragraph refers, including— (a) notice to be given prior to the import or export, (b) places of departure from, or entry into, the State, (c) documentation to accompany an animal, animal product, animal feed, litter, farm machinery, animal transport vehicles or other equipment being imported or exported.
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Regulation of activities relating to animals 25. The regulation or prohibition of— (a) keeping, breeding, rearing or other use of an animal in such a manner as to avoid unnecessary suffering to the animal, (b) breeding of animals (including zootechnical matters) to protect or enhance their health and welfare including— (i) their possession and sale, and (ii) the use of their semen, ova, eggs, embryos and foetuses.
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26.The regulation of the possession, purchase, movement, agistment, sale or supply of an animal, animal product, animal feed, litter, bedding, farm machinery or farm equipment.
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27.The regulation of land or premises on which animals, animal products or animal feed are kept or are sold or supplied or animals are shown, compete, or are used in connection with a sporting or cultural activity.
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28.The regulation or prohibition on gatherings of animals or people (including at sporting events) in the interests of animal welfare to prevent the risk of, spread of, or the eradication of, disease.
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29.The regulation or prohibition of the killing of animals, including the method and manner of such killing by specified persons trained for that purpose.
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The regulation or prohibition of the movement of persons 30. The regulation or prohibition of the possession, acquisition, sale, supply, movement, transport or export of farm animals, including horned animals, which, in the opinion of the Minister, constitute a danger to other animals or human beings.
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31.The erection of notices stating that disease is present on, or entry is prohibited to, any land or premises, and related matters.
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Regulation of veterinary and other procedures 32. The regulation or prohibition of operations and procedures (including docking of the tails of animals).
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33.The regulation of the use of anaesthetics or analgesics during operations and procedures on animals.
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34.The prophylactic or therapeutic treatment of animals with animal remedies.
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35.The regulation of laboratories used to examine, test and analyse samples having regard to equipment, procedures, sample integrity and personnel.
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36.The regulation or prohibition of the use or possession of vaccines in the interest of animal health.
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Animal health and welfare control programmes 37. The provision of controls either generally or in relation to a particular area in respect of animal populations for the purposes of promoting, maintaining or improving animal health and welfare, including— (a) programmes for the identification (including microchipping), neutering, spaying or humane destruction of animals, (b) regulation (including prohibition) of the sale orsupply of an animal unless identified, neutered or spayed, >(c) identifying (including microchipping), neutering or spaying an animal detained under this or any other enactment prior to returning the animal or supplying it to any person, and (d) the provision of sufficient security by a person to identify, neuter or spay an animal.
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Administrative 38. To facilitate a census of animals at risk of, or affected or suspected of being affected with, disease in a particular area.
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39.The carrying out of surveys or programmes to monitor, assess or enhance animal welfare or animal health, to monitor or assess disease, or disease surveillance.
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40.The granting of licences, permits, approvals or authorisations, certificates or other documents in respect of any matter or activity referred to in this Act and the attachment of conditions to such and the limitation or restriction of them should any conditions not be met.
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41.An application for any of the documents referred to in paragraph 40 and appeal procedures by an applicant refused such document and, in the case of the suspension or revocation of such, by its holder.
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42.The extent to which animal health and welfare regulations are to be administered by local authorities.
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43.The form, content, maintenance and production of records.
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44.The registration of animals and premises where animals are kept, sold, processed, moved or otherwise dealt with.
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45.The undertaking of training by persons or classes of persons and the provision of training by persons or classes of persons.
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EU matters 46. Requiring compliance with, or prohibiting a contravention of, an act adopted by an institution of the European Union.
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47.Any other matter relating to an animal, animal product, animal feed or disease or animal health and welfare the subject of an act adopted by an institution of the European Union.
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SCHEDULE 4 Statutory Instruments considered to be Animal Health and Welfare Regulations
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Section 75
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.
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Orders under the Diseases of Animals Act 1966 1.
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The Importation of Dogs and Cats Order 1929 ( S.R. & O., No. 4 of 1929 ) 2.
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Importation of Dogs and Cats (Amendment) (No. 2) Order 1970 ( S.I. No. 203 of 1970 ) 3.
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Rabies (Importation, Landing and Movement of Animals) Order 1972 ( S.I. No. 16 of 1972 ) 4.
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Warble Fly (Notification and Treatment) Order 1975 ( S.I. No. 267 of 1975 ) 5.
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Rabies Order 1976 ( S.I. No. 94 of 1976 ) 6.
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Rabies (Importation, Landing and Movement of Animals) (Amendment) Order 1976 ( S.I. No. 95 of 1976 ) 7.
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Warble Fly (Notification and Treatment) (Amendment) Order 1977 ( S.I. No. 10 of 1977 ) 8.
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Warble Fly Order 1981 ( S.I. No. 338 of 1981 ) 9.
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Diseases of Animals (Feeding and Use of Swill) Order 1985 ( S.I. No. 153 of 1985 ) 10.
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Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1989 ( S.I. No. 308 of 1989 ) 11.
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Brucellosis in Cattle (General Provisions) Order 1991 ( S.I. No. 114 of 1991 ) 12.
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Diseases of Animals (Poultry Feed) Order 1991 ( S.I. No. 364 of 1991 ) 13.
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Diseases of Animals (Carriage of Cattle by Sea) Order 1996 ( S.I. No. 17 of 1996 ) 14.
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Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 1996 ( S.I. No. 85 of 1996 ) 15.
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Brucellosis in Cattle (General Provisions) (Amendment) Order 1996 ( S.I. No. 86 of 1996 ) 16.
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Importation of Pathogenic Agents Order 1997 ( S.I. No. 373 of 1997 ) 17.
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Brucellosis in Cattle (General Provisions) (Amendment) Order 1998 ( S.I. No. 39 of 1998 ) 18.
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Diseases of Animals (Carriage of Cattle by Sea) (Amendment) Order 1998 ( S.I. No. 343 of 1998 ) 19.
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Diseases of Animals (Carriage of Cattle by Sea) (Amendment) (No. 2) Order 1998 ( S.I. No. 506 of 1998 ) 20.
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Brucellosis in Cattle (General Provisions) (Amendment) Order 2000 ( S.I. No. 57 of 2000 ) 21.
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Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 2000 ( S.I. No. 161 of 2000 ) 22.
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Diseases of Animals (Transmissible Spongiform Encephalopathies in Sheep and Goats) Order 2001 ( S.I. No. 450 of 2001 ) 23.
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Diseases of Animals (Prohibition on the Use of Swill) Order 2001 ( S.I. No. 597 of 2001 ) 24.
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Diseases of Animals Act (Carriage of Cattle by Sea) Order 1996 (Extension to Sheep and Consequential Provisions) Order 2002 ( S.I. No. 99 of 2002 ) 25.
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Diseases of Animals Act 1966 (National Pig Identification and Tracing System) Order 2002 ( S.I. No. 341 of 2002 ) 26.
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Brucellosis in Cattle (General Provisions) (Amendment) Order 2002 ( S.I. No. 415 of 2002 ) 27.
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Diseases of Animals Act 1966 (Aujeszky’s Disease) Order 2002 ( S.I. No. 479 of 2002 ) 28.
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Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) Order 2002 ( S.I. No. 528 of 2002 ) 29.
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Bovine Tuberculosis (Attestation of State and General Provisions) (Amendment) Order 2003 ( S.I. No. 32 of 2003 ) 30.
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Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2003 ( S.I. No. 159 of 2003 ) 31.
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Importation of Dogs and Cats Order 2003 ( S.I. No. 192 of 2003 ) 32.
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Diseases of Animals Act 1966 (Monkey Pox Virus) Order 2003 ( S.I. No. 279 of 2003 ) 33.
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Brucellosis in Cattle (General Provisions) (Amendment) Order 2003 ( S.I. No. 700 of 2003 ) 34.
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Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2004 ( S.I. No. 508 of 2004 ) 35.
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Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 2005 ( S.I. No. 7 of 2005 ) 36.
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Diseases of Animals Act 1966 (Goat Identification) Order 2006 ( S.I. No. 79 of 2006 ) 37.
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Diseases of Animals Act 1966 (Foot and Mouth Disease) (Disinfection facilities) Order 2007 ( S.I. No. 574 of 2007 ) 38.
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Diseases of Animals (Animal Transport) (Roll-on Roll-off vessels) Order 2007 ( S.I. No. 580 of 2007 ) 39.
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Brucellosis in Cattle (General Provisions) (Amendment) Order 2007 ( S.I. No. 666 of 2007 ) 40.
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Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2007 ( S.I. No. 765 of 2007 ) 41.
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Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) Order 2008 ( S.I. No. 101 of 2008 ) 42.
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Diseases of Animals Act 1966 (Transmissible Spongiform Encephalopathies) (Fertilisers and Soil Improvers) Order 2008 ( S.I. No. 253 of 2008 ) 43.
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Diseases of Animals Act 1966 (Prohibition on the Use of Swill) (Amendment) Order 2009 ( S.I. No. 12 of 2009 ) 44.
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Brucellosis in Cattle (General Provisions) (Amendment) Order 2009 ( S.I. No. 357 of 2009 ) 45.
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Rabies (Importation, Movement and Landing of Animals) Order 2009 ( S.I. No. 261 of 2009 ) 46.
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Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2009 ( S.I. No. 323 of 2009 ) 47.
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Diseases of Animals Act 1966 (Control on salmonella in swine) Order 2009 ( S.I. No. 522 of 2009 ) 48.
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Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2010 ( S.I. No. 289 of 2010 ) 49.
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Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 2010 ( S.I. No. 307 of 2010 ) 50.
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Diseases of Animals Act 1966 (National Pig Identification and Tracing System) (Amendment) Order 2010 ( S.I. No. 364 of 2010 ) 51.
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Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) (Amendment) Order 2010 ( S.I. No. 475 of 2010 ) 52.
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Diseases of Animals Act 1966 (Control of Salmonella in Ducks) Order 2010 ( S.I. No. 565 of 2010 ) 53.
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Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) (Amendment) Order 2011 ( S.I. No. 277 of 2011 ) 54.
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Brucellosis in Cattle (General Provisions) (Amendment) Order 2012 ( S.I. No. 554 of 2012 ) 55.
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Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 2012 ( S.I. No. 555 of 2012 ) Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais