No. 13/1978:

AGRICULTURAL PRODUCE (MEAT) (MISCELLANEOUS PROVISIONS) ACT, 1978

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Regulations for classification of fresh meat.

3 Amendment of section 40 (1) of Act of 1930.

4 Amendment of section 6 of Pigs and Bacon (Amendment) Act, 1956.

5 Fees payable by licensees .

6 Fees payable on exporter's licences.

7 Exporter's permits.

8 Appointment and powers of detention officers.

9 Expenses.

10 Short title.

SCHEDULE

AN ACT TO AMEND AND EXTEND THE PIGS AND BACON ACTS, 1935 TO 1961, AND THE AGRICULTURAL PRODUCE (FRESH MEAT) ACTS, 1930 TO 1938, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THOSE ACTS.

[27th June, 1978]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Act of 1930" means the Agricultural Produce (Fresh Meat) Act, 1930 ;

"the Act of 1935" means the Pigs and Bacon Act, 1935 ;

"the Minister" means the Minister for Agriculture.

2.—The Act of 1930 is hereby amended by the insertion of the following section after section 26:

"26A.—(1) The Minister may make regulations (in this Act referred to as 'regulations for the classification of fresh meat') requiring fresh meat, from one or more kinds of animal, as may be specified in such regulations—

( a ) to be classified according to prescribed standard systems of description, and

( b ) to have prescribed marks applied to such meat for the purpose of indicating its classification.

(2) Regulations under this section shall specify the persons or bodies which shall have responsibility for classifying meat or applying prescribed marks to meat and the manner in which such marks shall be applied.

(3) ( a ) The Minister may make regulations prescribing a certificate for the purpose of this section and requiring the due completion (including the signing) of such a certificate by a licensed exporter (or his agent) and the delivery by a licensed exporter (or his agent) of such a completed certificate to the vendor (or such other person as may be so specified) of any animals, fresh meat from which has been classified under this section at the registered premises of the licensed exporter.

( b ) Any person who fails or neglects to comply with a requirement of regulations under this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 in the case of a first offence and in the case of a second or subsequent offence to a fine not exceeding £300.".

3.—Section 40 (1) of the Act of 1930 is hereby amended by the insertion after paragraph (c) of the following paragraph:

"( cc ) if and when regulations for the classification of fresh meat are in force, fresh meat to which such regulations apply shall have applied thereto in such manner as may be prescribed such marks as may be prescribed and ".

4.— Section 6 of the Pigs and Bacon (Amendment) Act, 1956 is hereby amended by the substitution of the following subsections for subsections (1) to (3):

"(1) Pigs of a colour other than all white shall not be used for breeding purposes except in accordance with regulations made by the Minister under this section.

(2) Pigs of a colour other than all white shall not be kept, disposed of (including sold) or acquired (including purchased) except in accordance with regulations made by the Minister under this section.

(3) Every person who contravenes this section or a provision in regulations under this section shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding £100 for every pig in respect of which the offence is committed.".

5.—(1) The following section is hereby substituted for section 28 of the Act of 1935:

"28.—(1) Every person who holds or has held a licence shall, for every month during which (or any part of which) he hold the licence, pay to the Minister in respect of the licence a fee (in this section referred to as the 'bacon curer's fee') calculated at the rate of a prescribed sum for every pig presented at the premises to which the licence relates for veterinary examination under this Part of this Act, during that month.

(2) As soon as may be after the expiration of every month the Minister shall ascertain, in respect of every person who during the whole or any part of that month held a licence, the amount of the bacon curer's fee payable by that person for that month in respect of that licence.

(3) As soon as the amount of any bacon curer's fee has been ascertained under this section, the Minister shall make a certificate (in this section referred to as a 'certificate of indebtedness') certifying the month for which the fee is payable, the person by whom and the premises in respect of which the fee is payable and the amount of the fee.

(4) Every certificate of indebtedness shall be sufficient evidence until the contrary is shown of all matters purported to be certified in the certificate and any document purporting to be a certificate of indebtedness issued under this section shall, on production of the document in any proceedings to recover the amount certified to be payable by the document, be deemed until the contrary is shown to be a certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly.

(5) As soon as may be after the issue of a certificate of indebtedness, a copy of the certificate shall be served on the person certified by the certificate as liable to pay the amount of the bacon curer's fee mentioned in the certificate and, immediately on the service, that amount shall become and be payable by that person to the Minister and shall, after the expiration of fourteen days from the service, be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.

(6) Where any licensee fails or neglects to pay the amount certified by a certificate of indebtedness to be payable by him within four ' weeks after the service of a copy of the certificate on him, the Minister may revoke the licence in respect of which that amount is payable, but the revocation shall not relieve the licensee from liability to pay that amount.

(7) Where regulations are proposed to be made in relation to any sum referred to in this section as prescribed, 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 such House.".

(2) This section shall come into operation on the 1st day of July, 1978, and section 28 of the Act of 1935 (as amended by this Act) shall apply and have effect accordingly.

6.—(1) The following section and the Schedule to this Act are hereby substituted for section 13 and the Schedule to the Act of 1930, respectively:

"13.—(1) On every application for an exporter's licence there shall be paid to the Minister by the applicant an amount of £12.50, returnable to the applicant if his application is refused, and the payment of such amount shall be a condition precedent to the grant of licence, and on the grant of that licence the amount shall be retained by the Minister.

(2) Every person who holds or has held an exporter's licence shall, for every month during which (or any part of which) he held one or more exporter's licences, pay to the Minister—

( a ) where the person so held either one exporter's licence only or two or more such licences all granted in respect of the same registered slaughtering premises, a fee (in this Act referred to as an 'exporter's monthly fee') computed according to the rules in the Schedule to this Act, or

( b ) where the person so held two or more exporter's licences and the licences were not all granted in respect of the same registered slaughtering premises, a fee (in this Act included in the expression 'exporter's monthly fee') computed according to the rules in the Schedule to this Act for each registered slaughtering premises in respect of which any one or more of such licences was or were granted.

(3) As soon as may be after the expiration of every month the Minister shall ascertain, in respect of every person who during the whole or any part of that month held one or more exporter's licences, the amount of the exporter's monthly fee or of each of such fees payable by that person for that month.

(4) And so soon as the amount of any exporter's monthly fee has been ascertained under this section, the Minister shall issue a certificate (in this section referred to as a 'certificate of indebtedness') in the prescribed form certifying the month for which the fee is payable, the person by whom and the registered slaughtering premises in respect of which the fee is payable, and the amount of the fee.

(5) Every certificate of indebtedness shall be sufficient evidence until the contrary is shown of all matters purported to be certified in the certificate and any document purporting to be a certificate of indebtedness issued under this section shall, on production of the certificate in any proceedings to recover the amount certified to be payable, be deemed until the contrary is shown to be a certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly.

(6) As soon as may be after the issue of a certificate of indebtedness, a copy of the certificate shall be served on the person certified by the certificate as liable to pay the fee mentioned in the certificate and, immediately on the service, that amount shall become and be payable by that person to the Minister and shall, after the expiration of fourteen days from the service, be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.

(7) Where a licensed exporter fails or neglects to pay the amount certified by a certificate of indebtedness to be payable by him within four weeks after the service of a copy of the certificate on him, the Minister may revoke the exporter's licence or all the exporter's licences held by that person in respect of the registered slaughtering premises in relation to which that amount is payable, but the revocation shall not relieve the licensed exporter from liability to pay that amount.

(8) Where an exporter's licence is revoked under subsection (7) of this section and the holder of the licence is also the registered proprietor of the premises in respect of which the licence was granted, the registration of those premises in the register or all the registers in which those premises are registered under this Act shall be cancelled as soon as may be after such revocation, and those premises shall not again be registered in that register or any of such registers so long as the amount or any part of the amount, the non-payment of which occasioned the revocation, remains unpaid.

(9) Where regulations are proposed to be made pursuant to rule 1 of the Schedule to this Act, 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 such House.".

(2) This section shall come into operation on the 1st day of July, 1978, and section 13 of the Act of 1930 (as amended by this Act) and the Schedule to the Act of 1930 (as so amended) shall apply and have effect accordingly.

7.—Section 17 of the Act of 1930, which relates to exporter's permits, is hereby amended by the substitution of the following subsections for subsections (4), (6) and (7), respectively:

"(4) There shall be paid in respect of every exporter's permit by the holder thereof at the expiration of such permit a fee (in this section referred to as the 'permit fee') computed by multiplying the appropriate sum as defined by rule 1 of the Schedule to this Act by the number of animals presented under such permit to a veterinary examiner for examination during the period for which such permit was granted.

(6) Every certificate of indebtedness shall be sufficient evidence until the contrary is shown of all matters purported to be certified in the certificate and any document purporting to be a certificate of indebtedness issued under this section shall, on production of the certificate in any proceedings to recover the amount certified to be payable, be deemed until the contrary is shown to be a certificate of indebtedness duly issued under this section and shall be admitted in evidence accordingly.

(7) As soon as may be after the issue of a certificate of indebtedness, a copy of the, certificate shall be served on the person certified by the certificate as liable to pay the fee, mentioned in the certificate and, immediately on the service, that amount shall become and be payable by that person to the Minister and shall, after the expiration of fourteen days from the, service, be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.".

8.—(1) The Minister may from time to time appoint such and so many persons to be detention officers for the purposes of the Acts as he may think necessary and the Minister for the Public Service may sanction.

(2) A detention officer shall hold office on such terms and conditions and shall receive such remuneration and allowances as the Minister, with the sanction of the Minister for the Public Service, shall determine.

(3) The Minister may from time to time after consultation with the Veterinary Council of Ireland—

( a ) determine the training to be undergone and the qualifications to be held by a detention officer;

( b ) review the arrangements for the appointment of detention officers and the scope of the duties performed by such officers, and shall carry out such a review where requested to do so by that Council.

(4) It shall be the duty of a detention officer to carry out under the supervision of a veterinary examiner such examination of car cases or viscera as a veterinary examiner is empowered to carry out under the Acts, and any such examination by a detention officer under such supervision shall for the purposes of the Acts be deemed to be an examination by a veterinary examiner.

(5) Where a carcase or viscera the subject of an examination by a detention officer contain any abnormality, he shall cause the carcase or viscera to be detained for examination by a veterinary examiner.

(6) This section shall come into operation on such day as the Minister may appoint by order.

(7) The Minister may by order amend or revoke an order under this section.

(8) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such order, is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(9) In this section—

"the Acts" means Part III of the Act of 1930 and Part II of the Act of 1935;

"veterinary examiner" means a person who is a veterinary examiner for the purposes of the Act of 1930 or Part II of the Act of 1935.

9.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

10.—This Act may be cited as the Agricultural Produce (Meat) (Miscellaneous Provisions) Act, 1978 .

Section 6 (1).

SCHEDULE

"Rules for Computing Exporter's Monthly Fees

1. For the purposes of this Schedule—

( a ) the appropriate sum for a beef exporter's licence shall be such sum as may be prescribed;

( b ) the appropriate sum for a pork exporter's licence shall be such sum as may be prescribed;

( c ) the appropriate sum for a mutton exporter's licence shall be such sum as may be prescribed;

( d ) the appropriate sum for a horse-flesh exporter's licence shall be such sum as may be prescribed;

( e ) the appropriate sum for a goat-flesh exporter's licence shall be such sum as may be prescribed.

2. For the purposes of this Schedule—

( a ) the minimum fee, for each year commencing on a 1st day of July, in respect of either a beef exporter's licence or a pork exporter's licence shall be the sum of £50, and in respect of any other licence shall be the sum of £25;

( b ) the collective minimum fee, for each year commencing on a 1st day of July, in respect of two or more licences collectively shall be the sum of £75 where the licences include a beef exporter's licence or a pork exporter's licence or both such licences and in every other case shall be the sum of £50.

3. In respect of every registered slaughtering premises there shall be ascertained in the prescribed manner for every month—

( a ) in relation to every person who held one and only one exporter's licence in respect of those premises during the whole or any part of that month, the number (in this Schedule referred to as the 'appropriate number') of animals presented under that licence to a veterinary examiner for examination at those premises during that month, and

( b ) in relation to every person who held two or more exporter's licences in respect of those premises during the whole or any part of that month, the several numbers (each of which is in this Schedule referred to as the 'appropriate number') of animals presented under each of those licences respectively to a veterinary examiner for examination at those premises during that month.

4. As soon as an appropriate number is ascertained under rule 3 of this Schedule, in respect of an exporter's licence, the appropriate sum for the licence shall be multiplied by the appropriate number and the result of the multiplication shall, subject to rule 2 of this Schedule be the exporter's monthly fee payable in respect of that licence for that month for the purposes of section 13 of this Act.".

ACTS REFERRED TO