AGRICULTURAL PRODUCE (FRESH MEAT) ACT, 1930

• (b) such beef, veal and offals shall be exported direct from the registered cattle slaughtering premises in which they were prepared and packed and shall be so exported by a person who is the holder of a beef exporter's licence granted in respect of such premises.

• (3) Subject to the exceptions mentioned in this section all pork and offals of pigs exported from Saorstát Eireann shall, in addition to complying with the general conditions of export, comply with the following conditions (in this Act referred to as the particular conditions of export of pork), that is to say:—

• (a) such pork and offals shall have been prepared and packed in registered pig slaughtering premises in accordance with the regulations for the preparation of fresh meat and the regulations for the packing of fresh meat respectively or, in the case of pork only, have been prepared in registered pig slaughtering premises in accordance with the regulations for the preparation of fresh meat and packed in registered crating premises in accordance with the regulations for the packing of fresh meat, and

• (b) such pork and offals shall be exported direct from the registered pig slaughtering premises in which they were packed and shall be so exported by a person who is the holder of a pork exporter's licence granted in respect of such premises or shall, in the case of pork packed in registered crating premises, be exported direct from such premises by the registered proprietor of such premises for and in the name of a person who is the holder of a pork exporter's licence granted in respect of the registered pig slaughtering premises in which such pork was prepared.

• (4) Subject to the exceptions mentioned in this section, all mutton, lamb and offals of sheep exported from Saorstát Eireann shall, in addition to complying with the general conditions of export, comply with the following conditions (in this Act referred to as the particular conditions of export of mutton and lamb) that is to say:—

• (a) such mutton, lamb and offals shall have been prepared and packed in registered sheep slaughtering premises in accordance with the regulations for the preparation of fresh meat and the regulations for the packing of fresh meat respectively or, in the case of mutton and lamb only, have been prepared in registered sheep slaughtering premises in accordance with the regulations for the preparation of fresh meat and packed in registered crating premises in accordance with the regulations for the packing of fresh meat, and

• (b) such mutton, lamb and offals, shall be exported direct from the registered sheep slaughtering premises in which they were packed and shall be so exported by a person who is the holder of a mutton exporter's licence granted in respect of such premises or shall, in the case of mutton or lamb packed in registered crating premises, be exported direct from such premises by the registered proprietor of such premises for and in the name of a person who is the holder of a mutton exporter's licence granted in respect of the registered sheep slaughtering premises in which such mutton or lamb was prepared.

• (5) Subject to the exceptions mentioned in this section, all horse-flesh and offals of horses exported from Saorstát Eireann shall, in addition to complying with the general conditions of export, comply with the following conditions (in this Act referred to as the particular conditions of export of horse-flesh) that is to say:—

• (a) such horse-flesh and offals shall have been prepared and packed in registered horse slaughtering premises in accordance with the regulations for the preparation of fresh meat and the regulations for the packing of fresh meat respectively, and

• (b) such horse-flesh and offals shall be exported direct from the registered horse slaughtering premises in which they were prepared and packed and shall be so exported by a person who is the holder of a horseflesh exporter's licence granted in respect of such premises.

• (6) Subject to the exceptions mentioned in this section all goat flesh and offals of goats exported from Saorstát Eireann shall, in addition to complying with the general conditions of export, comply with the following conditions (in this Act referred to as the particular conditions of export of goat-flesh), that is to say:—

• (a) such goat-flesh and offals shall have been prepared and packed in registered goat slaughtering premises in accordance with the regulations for the preparation of fresh meat and the regulations for the packing of fresh meat respectively, and

• (b) such goat-flesh and offals shall be exported direct from the registered goat slaughtering premises in which they were prepared and packed and shall be so exported by a person who is the holder of a goat-flesh exporter's licence granted in respect of such premises.

• (7) Every person who exports or attempts to export or causes to be exported—

• (a) any beef, veal, or offals of cattle which does or do not comply with all the general conditions of export and all the particular conditions of export of beef, or

• (b) any pork or offals of pigs which does or do not comply with all the general conditions of export and all the particular conditions of export of pork, or

• (c) any mutton, lamb, or offals of sheep which does or do not comply with all the general conditions of export and all the particular conditions of export of mutton and lamb, or

• (d) any horse-flesh or offals of horses which does or do not comply with all the general conditions of export and all the particular conditions of export of horse-flesh, or

• (e) any goat-flesh or offals of goats which does or do not comply with all the general conditions of export and all the particular conditions of export of goat-flesh,

shall be guilty of an offence under this section.

• (8) Every person who shall carry by land or sea or air for reward any fresh meat or offals which are being or are intended to be exported in contravention of this section shall, if such carrying is done in the course of or for the purpose of the exportation of such fresh meat or offals, be guilty of an offence under this section, unless such person proves that he did not know and could not reasonably have known that such fresh meat or offals was or were being exported in contravention of this section.

• (9) Every person guilty of an offence under this section shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

• (10) This section shall not apply to—

• (a) fresh meat exported in one lot or consignment which does not exceed in total gross weight twenty-eight pounds, or

• (b) fresh meat exported to Northern Ireland in one lot or consignment to which none of the marks prescribed by the regulations for the marking of fresh meat are applied, and which, in the case of beef or veal, does not exceed in total gross weight four and one-half hundredweights and does not include more than one carcase, and which, in the case of mutton or lamb, does not exceed in total gross weight one and one-half hundredweights and does not include more than two carcases, and which, in the case of pork, does not exceed in total gross weight two hundredweights and does not include more than one carcase, or

• (c) pork exported into Northern Ireland in one lot or consignment to which none of the marks prescribed by the regulations for the marking of fresh meat are applied and which does not exceed in total gross weight two tons and of which not more than eight carcases belong to any one person, or

• (d) pork exported and consigned to a bacon curer in Northern Ireland recognised by the Minister for the purpose, or

• (e) fresh meat exported in a package consigned and forwarded through Saorstát Eireann from a place outside Saorstát Eireann to another such place but not otherwise dealt with in Saorstát Eireann, or

• (f) fresh meat exported under and in accordance with a special licence granted under this Part of this Act.

41 Prohibition of export of carcases within certain minimum limits of weight.

41.—(1) If and whenever the Minister is satisfied that the export of carcases of any particular kind of animal which are within certain limits of weight is detrimental to the live stock industry concerned, the Minister may by order prohibit, for so long as such order remains in force, the export of carcases of such kind of animal which are within such limits of weight.

• (2) The Minister may at any time by order amend, vary, or revoke an order previously made by him under the foregoing sub-section and for the time being in force.

42 Prohibition of export of certain kinds of fresh meat.

42.—(1) The Minister may by order if and whenever he thinks fit, prohibit for so long as such order remains in force, the export of fresh meat or offals which is or are in any particular condition or from which any specified part or organ of the animal is missing or has been removed or to which any specified preservative or other matter has been added or which consists or consist only of particular detached portions or of portions of any particular size or other characteristic.

• (2) The Minister may at any time by order amend, vary, or revoke an order previously made by him under the foregoing sub-section and for the time being in force.

43 Special licences to export fresh meat and offals.

43.—(1) The Minister may, upon the application of any licensed exporter, grant to such exporter a licence (in this Act referred to as a special licence) to export the consignment of fresh meat and offals or fresh meat only or offals only specified in such licence by such route and subject to such conditions as are stated in such licence.

• (2) A special licence granted under this section shall operate to authorise the person to whom the same is granted to export in accordance with the terms of the licence, the consignment of fresh meat and offals or fresh meat only or offals only specified therein.

• (3) The Minister may at any time before a consignment of fresh meat and offals or either of them specified in a special licence is actually exported, revoke the special licence relating to such consignment.

• (4) Every person to whom a special licence has been granted under this section who contravenes any of the terms or conditions contained in such licence and every person (whether holding or not holding a special licence) who falsely represents by means of a mark on any consignment of fresh meat and offals or of fresh meat only or of offals only that such consignment is being exported under a special licence granted under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

44 Export of dead rabbits and poultry.

44.—(1) The Minister may by order make regulations in regard to all or any of the following matters, that is to say:—

• (a) the method and manner in all respects of packing dead rabbits and poultry, including the materials and packages to be used for such packing,

• (b) the cleanliness and sterilisation of such materials and packages,

• (c) the limit of weight of any one package of dead rabbits or dead poultry.

• (2) All dead rabbits and dead poultry exported from Saorstát Eireann shall be packed in accordance with regulations made under this section.

• (3) Every person who shall export or attempt to export any dead rabbits or dead poultry which do not comply with all the regulations made under this section shall be guilty of an offence under this section.

• (4) Every person who shall carry by land or sea or air for reward any dead rabbits or dead poultry which are being or are intended to be exported in contravention of this section shall, if such carrying is done in the course of or for the purpose of the exportation of such dead rabbits or dead poultry, be guilty of an offence under this section unless such person proves that he did not know and could not reasonably have known that such dead rabbits or dead poultry were being exported in contravention of this section.

• (5) Every person guilty of an offence under this section shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

45 Inspection, etc., of fresh meat, offals, dead rabbits and dead poultry.

45.—(1) Any inspector shall be entitled at all reasonable times to enter upon and have free access to the interior of—

• (a) any registered premises, and

• (b) the premises of any person engaged in the business of carrying goods for reward, and

• (c) any warehouse or other premises of any person engaged in the business of warehousing goods intended for export or in process of being exported, and

• (d) any pier, quay, wharf, jetty, dock or dock premises, and

• (e) any ship, boat, railway waggon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods.

• (2) Any inspector may inspect any fresh meat, offals, dead rabbits, and dead poultry or any package found in any place upon or to which he is entitled under this section to enter or have access or upon or in any public place and may open any such package which he reasonably believes or suspects to contain fresh meat, offals, dead rabbits, or dead poultry and may take and remove without payment—

• (a) reasonable samples of any fresh meat or offals found in any such place whether such fresh meat and offals are or are not contained in a package, and

• (b) reasonable samples of any packing materials in which, any such fresh meat, offals, dead rabbits or dead poultry are packed, and

• (c) any one package forming part of or the whole of a consignment of fresh meat or offals found in any such place.

• (3) If any person—

• (a) obstructs or impedes any inspector in the exercise of any of the powers conferred on him by this section, or

• (b) knowing the name or other particulars of the consignor consignee, or owner of any fresh meat, offals, dead rabbits, or dead poultry or of any package which an inspector is entitled to inspect under this section, refuses to give such name or other particulars to such inspector, or

• (c) wilfully, or recklessly, gives to such inspector any false or misleading name or other particulars of any such consignor, consignee, or owner,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a penalty not exceeding five pounds, and in the case of a second or any subsequent offence to a penalty not exceeding ten pounds.

• (4) Where any sample or package is taken by an inspector under this section it shall be the duty of such inspector to notify the owner or the consignor and the consignee (if and so far as their names and addresses are known to or can reasonably be ascertained by him) of the taking of such sample or package.

• (5) If, on the examination of any package taken under this section, it appears to the Minister that there was a contravention or attempted contravention of any of the provisions of this Act or any regulations made thereunder in relation to the consignment from which the package was taken, the package may be forfeited to the Minister, and if not so forfeited and in any other case the package shall be disposed of in accordance with the directions of the consignor or, in default of such directions, shall be sold and the net proceeds of sale paid to the consignor.

• (6) Neither the Minister nor any inspector shall be liable for any loss or damage arising from the exercise by an inspector of the powers conferred upon him by this section and no action shall lie against the consignor or any other person for or on account of any such loss or damage as aforesaid.

• (7) In the exercise in or upon the premises of any railway or shipping company of the powers conferred on him by this section, an inspector shall conform to such reasonable requirements of such company as are necessary to prevent the working of the traffic on such premises being obstructed or interfered with.

46 Powers of officers of Customs and Excise.

46.—Officers of Customs and Excise shall have the like powers in relation to any consignments and packages the export of which is prohibited or restricted by this Act as such officers have by law in relation to other articles the export of which is prohibited or restricted by law.

Part V. Miscellaneous and General.

47 Powers and dUties of Veterinary Inspectors.

47.—A veterinary inspector shall have all the powers conferred on a veterinary examiner by this Act and shall, if required by the Minister so to do, perform all the duties, or such of them as the Minister may direct, imposed on a veterinary examiner by this Act.

48 Unlawful possession of marks and certificates.

48.—(1) Every instrument for marking fresh meat or offals in accordance with this Act and the regulations for the marking of fresh meat shall be of such form, design, and material as shall be prescribed by these regulations.

• (2) It shall not be lawful for any person to make, order, purchase, import, or have in his possession, a prescribed instrument for marking fresh meat or offals or any instrument by means of which a prescribed mark or a colourable imitation thereof could be applied to fresh meat or offals, or to cancel a prescribed instrument for marking fresh meat or offals, or to make, order, purchase, import, or have in his possession a prescribed form of consignment certificate or any colourable imitation thereof.

• (3) Nothing in this section shall render it unlawful for an officer of the State acting in the course of his duty as such officer to order, purchase, import, have in his possession, or cancel a prescribed instrument for marking fresh meat or offals or to order, purchase, import, or have in his possession a prescribed form of consignment certificate or for any person in pursuance of an order lawfully given or a contract lawfully made by any such officer to make, import, or have in his possession any such instrument or any such form.

• (4) Every person who, in contravention of this section, makes, orders, purchases, imports or has in his possession a prescribed instrument for marking fresh meat or offals or any instrument by means of which a prescribed mark or a colourable imitation thereof could be applied to fresh meat or offals, or cancels a prescribed instrument for marking fresh meat or offals, or makes, orders, purchases, imports or has in his possession a prescribed form of consignment certificate or a colourable imitation thereof shall be guilty of an offence/under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months.

49 Powers under other Acts.

49.—(1) Save as otherwise provided by this section, the powers conferred on the Minister by this Act shall be and be exercised without prejudice to the exercise by the Minister for Local Government and Public Health of the powers conferred on him by the Public Health (Regulations as to Food) Act, 1907, or to the exercise by local slaughter-house authorities of their statutory powers in relation to the inspection of the slaughter-houses as such authorities, or to the exercise by local sanitary authorities of the powers in relation to slaughter-houses or in relation to articles intended for the food of man conferred on them by the Public Health (Ireland) Acts, 1878 to 1919, as amended by Part II. of the Local Government Act, 1925 (No. 5 of 1925), or conferred on them by any local or personal Act.

• (2) Premises registered in any register of slaughtering pre mises so long as they continue to be so registered shall be exempt from the obligation to be registered or to be licensed under any other enactment relating to the registration or the licensing of slaughter-houses and shall also be exempt from all statutory provisions (including orders, regulations, rules, and bye-laws) applicable to slaughter-houses in consequence of such registration or licensing.

• (3) Section 50 of the Towns Improvement (Ireland) Act, 1854, shall not apply in respect, of registered slaughtering premises.

50 Offences.

50.—Every offence under any section of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

51 General regulations.

51.—(1) The Minister may by order make regulations in regard to any matter or thing referred to in this Act as prescribed or as being or to be prescribed.

• (2) Any regulations made by the Minister under this Act may relate to several matters in respect of which the power to make regulations is conferred by different sections of this Act.

• (3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which that House has sat annulling such regulation, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.

52 Disposition of fees received by Minister.

52.—All fees 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 Finance may direct.

53 Expenses.

53.—All expenses of carrying this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys to be provided by the Oireachtas.

SCHEDULE. Rules for Computing Exporter's Half-yearly Fees.

• (a) the appropriate sum for a beef exporter's licence shall be one shilling, and

• (b) the appropriate sum for a pork exporter's licence shall be three pence, and

• (c) the appropriate sum for a mutton exporter's licence shall be three-halfpence, and

• (d) the appropriate sum for a horse-flesh exporter's licence shall be one shilling, and

• (e) the appropriate sum for a goat-flesh exporter's licence shall be three half-pence.

• (a) the minimum fee in respect of either a beef exporter's licence or a pork exporter's licence shall be the sum of fifty pounds and in respect of any other licence shall be the sum of twenty-five pounds, and

• (b) the collective minimum fee in respect of two or more licences collectively shall be the sum of seventy-five pounds where such 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 fifty pounds.

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

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

• (2) Whenever it happens that, in a particular half-year during which or any part of which a particular exporter's licence is in force, no animals are presented under such licence to a veterinary examiner for examination at the registered slaughtering premises to which such licence relates, the appropriate number for such licence for such half-year shall be nought.

• (3) For the purpose of this rule—

• (a) a calf which, when flayed and disembowelled, does not weigh more than one hundred pounds shall be reckoned as one-fourth of an animal only, and

• (b) a pig, the offals only, of which are intended to be exported, shall be reckoned as one-half of an animal only.

• (2) Where the appropriate number for an exporter's licence for any particular half-year is nought, the basic figure for such licence for such half-year shall also be nought

• (a) where such person held only one exporter's licence in respect of such premises at any time during such half-year the basic figure for such licence for such half-year, or

• (b) where such person held more than one exporter's licence in respect of such premises at any time during such half-year, the total of the several basic figures for such licences respectively for such half-year.

• (2) Whenever the only exporter's licence or all the exporter's licences (as the case may be) held by a person in respect of particular registered premises is or are revoked during or at the end of a first half-year and the exporter's half-yearly fee payable by such person in respect of such premises for such half-year as computed under the foregoing paragraph of this rule is less than the minimum fee in respect of such licence or the collective minimum fee in respect of all exporter's licences held by such person in respect of such premises at any time during such half-year (as the case may be), the said fee so payable for such half-year shall, notwithstanding anything contained in the foregoing paragraph of this rule, be the amount of such minimum fee or collective minimum fee (as the case may be).

• (a) where such person held only one exporter's licence in respect of such premises at any time in such half-year, the basic figure for such licence for such half-year together with—

• (i) if such licence was not in force at any time during the next preceding half-year, the amount (if any) by which the said basic figure falls short of the minimum fee in respect of such licence, or

• (ii) if such licence was in force at any time during such preceding half-year, the amount (if any) by which the total of the said basic figure and the basic figure for such licence for such preceding half-year falls short of the minimum fee in respect of such licence, or

• (b) where such person held more than one exporter's licence in respect of such premises at any time in such half-year, the total of the several basic figures for such licences respectively for such half-year together with—

• (i) if none of such licences were in force during the next preceding half-year, the amount (if any) by which the said total of the said several basic figures falls short of the collective minimum fee for all such licences, or

• (ii) if all or any of such licences were in force at any time during such preceding half-year, the amount (if any) by which the aggregate of the said total of the said several basic figures and the total of the several basic figures for such preceding half-year for such of the said licences as were in force at any time during such preceding half-year falls short of the collective minimum fee for all such licences.