Abattoirs Act , 1988

PART I Preliminary and General

1 Short title, commencement, construction and collective citation.

1.—(1) This Act may be cited as the Abattoirs Act, 1988.

(2) This Act or any specified provision of this Act shall come into operation on such day or days as the Minister may, by order, appoint.

(3) The Slaughter of Animals Act, 1935, and section 47 of this Act shall be construed together as one Act and may be cited together as the Slaughter of Animals Acts, 1935 and 1988.

(4) The Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, and sections 43 and 48 of this Act shall be construed together as one Act and may be cited together as the Agricultural Produce (Fresh Meat) Acts, 1930 to 1988.

(5) The Milk and Dairies Acts, 1935 and 1956, and section 49 of this Act shall be construed together as one Act and may be cited together as the Milk and Dairies Acts, 1935 to 1988.

(6) The Pigs and Bacon Acts, 1935 to 1961, and sections 43 and 50 of this Act shall be construed together as one Act and may be cited together as the Pigs and Bacon Acts, 1935 to 1988.

(7) The Bovine Diseases (Levies) Act, 1979, and section 51 of this Act shall be construed together as one Act and may be cited together as the Bovine Diseases (Levies) Acts, 1979 and 1988.

(8) The Córas Beostoic agus Feola Act, 1979, and section 52 of this Act shall be construed together as one Act and may be cited together as the Córas Beostoic agus Feola Acts, 1979 and 1988.

2 Interpretation.

2.—(1) In this Act—

“abattoir” means any premises used for or in connection with the slaughter of animals whose meat is intended for human consumption and includes a slaughterhouse but does not include a place situate on a farm, other than a place referred to in subsection (2) of this section, which is used for the occasional slaughter of a pig, or for the slaughter of an animal which has been injured by accident and the slaughter of which is necessary to prevent its suffering and—

(a) such pig, or such injured animal, is maintained for farming purposes on such farm by its occupier, and

(b) the meat from such pig or such injured animal is intended for consumption only by the residents on such farm:

Provided that, for the purposes of this Act, the onus of proving that—

(i) the conditions specified at paragraphs (a) and (b) of this definition are complied with, or

(ii) an animal (other than a pig) which is slaughtered is an animal which has been injured by accident,

shall lie on the person seeking the benefit of such proof;

“abattoir licence” means a licence issued under section 9 of this Act;

“animal” means cattle, sheep, pigs, goats, horses and all other equine animals;

“appropriate fee” has the meaning assigned to it by section 10 of this Act;

“authorised officer” means an officer of the Minister or an officer of a local authority appointed to be an authorised officer for the purposes of this Act;

“carcase” means the whole body of a slaughtered animal after—

(a) bleeding and evisceration, and

(b) removal of the limbs at the carpus and tarsus, and

(c) removal of the head, tail and udder,

and, in the case of cattle, sheep, goats, horses and all other equine animals, after skinning;

“health mark” means the mark applied pursuant to section 40 of this Act;

“knackery” means any premises used for and in connection with the collection, delivery, supply, slaughter, storage, skinning or cutting up of animals or parts of animals which are not intended for human consumption, and “knackery” shall include any premises which are used—

(a) as a knacker's yard, or

(b) for the cutting up of dead animals, or parts of dead animals, for sale as dog or pet food, or

(c) as a kennels where dead animals or parts thereof are fed to hounds, or

(d) as a dead animal collection depot, or

(e) for hide removal,

but shall not include a premises used exclusively as either a meat and bonemeal or rendering plant, or as both a meat and bonemeal and rendering plant, or a premises registered under the Diseases of Animals (Feeding and Use of Swill) Orders, 1985 and 1987;

“knackery licence” means a licence issued under section 24 of this Act;

“licence” means, as the context may require, an abattoir licence or a knackery licence;

“local authority” means the council of a county or the corporation of a county borough;

“meat” means any part of an animal, including blood, which can be, or is, used for human consumption;

“Minister” means the Minister for Agriculture and Food;

“offal” means all parts of a slaughtered animal, other than the carcase;

“premises” includes land whether or not there are structures on the land;

“prescribed” means prescribed by Regulations and “prescribe” shall be construed accordingly;

“sanitary authority” has the meaning specified in section 37 of this Act;

“sell” includes offer (including a free offer), expose or keep for sale, invite an offer to buy, or distribute for reward and cognate words shall be construed accordingly;

“veterinary examination Regulations” means Regulations under section 39 of this Act;

“veterinary inspector” means a person who is a veterinary surgeon and is appointed by the Minister or by a local authority to be a veterinary inspector for the purposes of this Act;

“veterinary surgeon” means any person who is lawfully qualified to practice veterinary surgery in the State;

“viscera” means offal from the thoracic, abdominal and pelvic cavities (including the trachea and oesophagus).

(2) For the purposes of this Act, any place which is used for the slaughter of animals and is situate on a farm ancillary to a hotel, guest house, school, hospital, nursing home or other institution shall be deemed to be an abattoir.

(3) The Minister may, by order, for all or any of the purposes of this Act, amend—

(a) the definition of “animal” so as to extend the application of this Act or any of its provisions to such other animal or poultry as he considers necessary, or

(b) the definition of “animal” so as to exclude from the application of this Act or any of its provisions such animal or poultry as he considers necessary, or

(c) the definition of “abattoir” or “knackery” so as to extend the application of this Act or any of its provisions to such other premises as he considers necessary, or

(d) the definition of “abattoir” or “knackery” so as to exclude from the application of this Act or any of its provisions such type of premises as he considers necessary.

(4) The Minister may, by order, amend or revoke an order made under this section (including this subsection).

3 Repeals.

3.—(1) The enactments specified in Part I of the First Schedule to this Act are hereby repealed to the extent specified in the third column in that Part of that Schedule.

(2) The enactments specified in Part II of the First Schedule to this Act are hereby repealed to the extent specified in the third column in that Part of that Schedule.

(3) The enactments specified in Part III of the First Schedule to this Act are hereby repealed to the extent specified in the third column in that Part of that Schedule.

4 Non-application of Act.

4.—This Act shall not apply to a premises which is—

(a) licensed under the Pigs and Bacon Acts, 1935 to 1961, or

(b) registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, and which is for the time being occupied by a person who holds a licence under those Acts.

5 Non-application of certain provisions to abattoirs and knackeries.

5.—The following provisions, that is to say—

(a) section 50 of the Towns Improvement (Ireland) Act, 1854,

(b) sections 16, 27 and 28 of the Dublin General Markets Act, 1861,

(c) section 16 of the Dublin Cattle Market Act, 1862,

(d) section 144 of the Cork Improvement Act, 1868,

(e) sections 124 (4) and (5) of the Sligo Borough Improvement Act, 1869,

(f) sections 128 to 131 of the Public Health (Ireland) Act, 1878, and

(g) section 104 of the Dublin Corporation Act, 1890,

shall not apply to an abattoir or a knackery to which this Act applies.

6 Expenses.

6.—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.

PART II Abattoirs

7 Interpretation (Part II).

7.—In this Part of this Act “the register” means the register of abattoir licences established pursuant to section 12 of this Act.

8 Prohibition on use of premises as abattoir.

8.—(1) The occupier of any premises shall not use such premises, or permit such premises to be used, as an abattoir unless he is the holder of a licence (in this Act referred to as an “abattoir licence”) in respect of such premises.

(2) A person, who is not the occupier of a premises, shall not use such premises as an abattoir unless the occupier of the premises is the holder of an abattoir licence in respect of such premises.

(3) Any person who contravenes the provisions of this section shall be guilty of an offence.

9 Abattoir licence.

9.—(1) Subject to the provisions of this Act and the Regulations made thereunder, an abattoir licence shall be granted by the Minister and shall remain in force for such period not exceeding 12 months as may be fixed by the Minister.

(2) Subject to the provisions of this Act and the Regulations made thereunder, an abattoir licence granted pursuant to subsection (1) of this section shall be renewed by the Minister for such period not exceeding 12 months as may be fixed by him.

(3) The Minister, following consultation with the Minister for the Environment, may, by Regulations, transfer his functions in relation to abattoir licences to the local authority within whose functional area the abattoir concerned is situate.

(4) Notwithstanding the generality of subsection (3) of this section, Regulations under that subsection may make provision for all or any of the following matters—

(a) the making of different provisions in relation to the transfer of functions to different local authorities or classes of local authorities;

(b) the withdrawal, whenever the Minister considers it necessary so to do, of any function, previously transferred by Regulations under that subsection to a local authority, from that local authority;

(c) the payment to a local authority to which a function is transferred of all fees in relation to abattoir licences relating to any abattoir in its functional area.

(5) Whenever the Minister proposes to make Regulations pursuant to subsection (3) of this section, the Regulations shall not be made until a draft of the Regulations has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House.

10 Application for abattoir licence.

10.—(1) Every application for the grant or renewal of an abattoir licence shall be in such form as may be determined by the Minister and shall be accompanied by the appropriate fee.

(2) Every application for the grant or renewal of an abattoir licence shall relate to one premises only.

(3) Where an application is made pursuant to this section for the grant or renewal of an abattoir licence, the Minister shall, before considering the application, cause the premises to which the application relates to be inspected by an authorised officer of the Minister.

(4) The Minister shall not consider an application for the grant or renewal of an abattoir licence unless the application is accompanied by the appropriate fee.

(5) Where the Minister, having considered an application for the grant or renewal of an abattoir licence, decides that the application should be refused, the appropriate fee paid in respect of the application shall be repaid to the applicant.

(6) The Minister may, by Regulations, vary the amount of the appropriate fee.

(7) In this Act “the appropriate fee” means a fee determined by reference to the number of animals slaughtered in the abattoir to which the application relates during the calendar year immediately preceding the date of the application in the following manner—

(a) if the number of animals slaughtered in such abattoir in that year was less than 500, a fee of £10;

(b) if the number of animals slaughtered in such abattoir in that year was 500 or more but was less than 1,000, a fee of £50;

(c) in any other case, a fee of £100.

11 Grant or renewal of abattoir licence.

11.—(1) The Minister shall, following consultation with the local authority in whose functional area an abattoir is situate, if he is satisfied that the applicant—

(a) is a fit and proper person to hold an abattoir licence, and

(b) has, in relation to the abattoir concerned, complied with the provisions of—

(i) the Slaughter of Animals Act, 1935, and

(ii) this Act and the Regulations made thereunder,

grant or, as the case may be, renew an abattoir licence.

(2) An abattoir licence may contain a condition limiting the class or number of animals that may be slaughtered in the abattoir to which it relates, or in such part of such abattoir as may be specified.

(3) The Minister may assign to each abattoir in respect of which a licence is granted under this Act a distinctive number or letter, or number and letter.

12 Register of abattoir licences.

12.—(1) The Minister shall establish and maintain a register of abattoir licences (in this Part of this Act referred to as “the register”) of every licence granted by him under this Part of this Act.

(2) There shall be entered in the register—

(a) the full name, address and description of the holder of the licence,

(b) an exact description of the location and the limits and extent of the abattoir to which the licence relates,

(c) the date on which the licence was issued and the expiry date thereof,

(d) such other particulars of, or in respect of, the licence or of the abattoir to which it relates as the Minister may, from time to time, direct.

(3) Whenever an abattoir licence is altered or revoked, there shall be entered in the register such particulars of the alteration or revocation, as the case may be, as the Minister may, from time to time, direct.

(4) A certificate purporting to be under the hand of an officer, authorised by the Minister in that behalf, of the Minister that an abattoir specified in the certificate is not entered in the register shall, until the contrary is proved, be evidence of the matters so certified and it shall not be necessary to prove the signature of such officer, or that he was such an officer, or that he was in fact so authorised.

13 Non-transferability of abattoir licence.

13.—(1) The holder of an abattoir licence shall not transfer the licence to any other person and any such purported transfer shall be void and of no effect.

(2) Where the holder of an abattoir licence dies, the licence shall continue in full force and effect for the benefit of the licence holder's personal representative, or, as the case may be, his spouse or any other member of his family, for the period of four months, or for the period then unexpired of the term of the licence, whichever is the longer, after the death of the licence holder and shall then expire.

14 Refusal of abattoir licence.

14.—(1) The Minister may, at any time, when he considers it proper so to do, refuse an application for the grant or renewal of an abattoir licence.

(2) Whenever the Minister considers it proper to refuse an application for the grant or renewal of an abattoir licence, he shall, by at least 21 days notice in writing, notify the applicant of his intention to refuse the application and of the reasons therefor.

(3) Whenever the Minister decides to refuse an application for the grant or renewal of an abattoir licence, he shall, by notice in writing, notify the applicant—

(a) of his decision and of the reasons therefor, and

(b) of the time limit within which, and of the manner in which, an appeal against such decision may, pursuant to section 16 of this Act, be made, and

(c) if, at the date on which such application is made, the premises to which the application relates are used as an abattoir, whether such premises may, in accordance with the provisions of this Act, continue to be so used.

15 Power of Minister to revoke abattoir licence.

15.—(1) The Minister may, at any time, revoke an abattoir licence if he is satisfied that—

(a) the licence has been obtained by fraud or by misrepresentation (whether fraudulent or innocent), or

(b) there has been any contravention (whether by commission or omission) of any provision of this Act or of any Regulation made thereunder, or

(c) the holder of a licence has not, within a reasonable time, complied with the requirements of a notice served under section 18 of this Act.

(2) Before revoking an abattoir licence pursuant to this section, the Minister shall, by at least 21 days notice in writing, notify the holder of the licence of his intention to revoke the licence and of the reasons therefor.

(3) Whenever the Minister decides to revoke an abattoir licence pursuant to this section, he shall, by notice in writing, notify the holder of the licence—

(a) of his decision and of the reasons therefor, and

(b) of the time limit within which, and of the manner in which, an appeal against such revocation may, pursuant to section 16 of this Act, be made, and

(c) whether the premises concerned may, in accordance with the provisions of this Act, continue to be used as an abattoir.

16 Appeal against refusal or revocation of abattoir licence.

16.—(1) Whenever the Minister refuses to grant or renew, or revokes, an abattoir licence, the applicant for, or the holder of, such licence may, within 21 days after the date of the service of the notice of, as the case may be, the refusal or revocation, appeal to the Circuit Court against such refusal or revocation.

(2) Whenever the Minister refuses to grant or renew, or revokes, an abattoir licence in respect of premises which, at the time the Minister made his decision, were lawfully being used as an abattoir, such premises may, if the Minister is satisfied that there is no danger to public health, continue to be used as an abattoir—

(a) until the time for making an appeal has elapsed, or