National Beef Assurance Scheme Act 2000

PART I Preliminary and General

1 Short title and commencement.

1.—(1) This Act may be cited as the National Beef Assurance Scheme Act, 2000.

(2) The Diseases of Animals Acts, 1966 to 1996, and section 35 may be cited together as the Diseases of Animals Acts, 1966 to 2000, and shall be construed together as one.

(3) The Livestock Marts Act, 1967, and section 36 may be cited together as the Livestock Marts Acts, 1967 and 2000, and shall be construed together as one.

(4) The Slaughter of Animals Acts, 1935 and 1988, and section 37 may be cited together as the Slaughter of Animals Acts, 1935 to 2000, and shall be construed together as one.

(5) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2 Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

“abattoir” has the meaning assigned to it by section 2(1) of the Abattoirs Act, 1988, but shall not include a premises specified in section 4 of that Act;

“additives” has the meaning assigned to it by Article 1(3) of Council Directive No. 96/51/EC[^(1)];

“agriculture inspector” means an authorised officer who holds a post in one of the agricultural inspectorate grades and has been appointed by the Minister to discharge the functions of an agricultural inspector under this Act;

“animal” means a bovine animal;

“assembly centre” means a holding, collection centre or mart at which animals from different holdings are grouped together to form consignments of animals intended for trade;

“authorised officer” means—

(a) a person appointed by the Minister under section 29 to be an authorised officer for the purposes of any or all of the provisions of this Act, or

(b) a person deemed to have been appointed as an authorised officer under section 30, or

(c) an officer of a health board established under the Health Act, 1970, authorised in writing by the chief executive officer of the board to be an authorised officer for the purposes of section 6(1) (d) and (2);

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

(a) bleeding and evisceration,

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

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

(d) skinning;

“certificate of approval” or “certificate” means a certificate of approval granted under section 10, and “certificate” shall be construed accordingly;

“CMMS” means the computerised cattle movement monitoring system;

“dealer” means any person who buys and sells animals commercially, either directly or indirectly, who has a regular turnover of these animals and who within a maximum period of 30 days from the date of purchasing animals resells them or relocates them to other premises not within the ownership or control of that person;

“farmer” means a keeper, other than a dealer, who is the owner or person in charge of a herd or to whom a herd number is for the time being allocated by an officer of the Minister;

“feedingstuffs” means products of vegetable or animal origin in their natural state, fresh or preserved, and products derived from the industrial processing thereof, and organic or inorganic substances, used singly or in mixtures, whether or not containing additives, for oral animal feeding;

“food business” has the meaning assigned to it by the European Communities (Hygiene of Foodstuffs) Regulations, 1998 (S.I. No. 86 of 1998);

“herd” means the animals which are for the time being on a particular holding and, in the case where only one animal is for the time being on a particular holding, the animal shall for the purpose of this Act be regarded as being a herd;

“herd number” means the number allocated for the time being to a herd for the purposes of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 (S.I. No. 308 of 1989);

“holding” means any establishment, construction or, in the case of an open-air farm, any place in which animals are kept situated within the State;

“keeper” means a person who is responsible for animals on a permanent or temporary basis;

“manufacture” means the total or partial manufacture of any additive, premixture or feedingstuff and includes processing, compounding, formulating, filling, dividing up, packing, labelling and presentation, and cognate words shall be construed accordingly;

“mart” has the meaning assigned to it by Regulation 3 of the Livestock Marts Regulations, 1968 (S.I. No. 251 of 1968);

“meat” means any part of an animal that can be, or is, used for human consumption, including fresh meat, meat products, minced meat and meat preparations;

“meat plant” means any premises used in connection with the slaughter, production, processing or storage of animals, carcases or meat that is—

(a) registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1988, and which is for the time being occupied by a person who holds a licence and is registered under those Acts,

(b) approved or registered under Council Directive 64/433/EEC[^(1)], as amended, and as implemented by the European Communities (Fresh Meat) Regulations, 1997 (S.I. No. 434 of 1997),

(c) approved under Council Directive No. 77/99/EEC[^(2)], as amended, and as implemented by the European Communities (Meat Products and Other Products of Animal Origin) Regulations, 1995 and 1997 (S.I. No. 126 of 1995 and No. 175 of 1997), or

(d) approved under Council Directive No. 94/65/EC[^(3)], as implemented by the European Communities (Minced Meat and Meat Preparations) Regulations, 1996 (S.I. No. 243 of 1996);

“Minister” means the Minister for Agriculture, Food and Rural Development;

“movement permit” means a permit issued under section 22 or a movement permit issued under the Diseases of Animals Act, 1966;

“participants” means the persons referred to in section 5(1);

“premises” includes any land, building, dwelling or temporary construction;

“premixtures” means mixtures of additives or mixtures of one or more additives with substances used as carriers, intended for the manufacture of feedingstuffs;

“veterinary inspector” means an authorised officer who is a veterinary surgeon and who is appointed by the Minister to discharge the functions of a veterinary inspector specified in this Act;

“veterinary surgeon” means any person who is currently entered in the register established under the Veterinary Surgeons Act, 1931.

(2) In this Act—

(a) a reference to a section or Schedule is a reference to a section of or Schedule to this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to an enactment includes a reference to that enactment as amended or extended by or under any subsequent enactment including this Act.

(3) Reference in this Act to feedingstuffs shall, unless the context otherwise requires, be construed as a reference to additives, premixtures or feedingstuffs, as the case may be, manufactured in the State or imported into the State for bovine animals.

(4) References to animals, carcases and meat in this Act shall be construed as animals, carcases or meat produced in the State or animals imported into the State and the carcases or meat of those animals.

PART II National Beef Assurance Scheme.

3 Establishment of National Beef Assurance Scheme.

3.— There shall be a scheme to be known as the National Beef Assurance Scheme, the purpose of which is—

(a) to establish standards under which animals, carcases and meat intended for human consumption shall be produced, processed, traded or otherwise handled and under which feedingstuffs shall be manufactured or traded,

(b) to continue and further develop the animal tracing system operated by the Minister through the collection of data on animal movements under the CMMS and by such other means as the Minister considers appropriate, and

(c) to continue and further develop the measures provided under the Food Safety Authority of Ireland Act, 1998.

4 Non-application of Act.

4.— This Act, other than section 6(1)(d), shall not apply to a food business.

5 Participants to whom Act applies.

5.—(1) This Act applies to the persons who are members of a class specified in paragraph 1 of the First Schedule or who operate or occupy a class of holding or premises specified in paragraph 2 of that Schedule and who are engaged in the production, processing, trading or otherwise handling of animals, carcases or meat intended for human consumption or the manufacture or trading of feedingstuffs.

(2) The Minister may by order amend the First Schedule by making additions thereto or deletions therefrom.

6 Restriction on production, etc. of animals, carcases, etc.

6.—(1) Subject to section 9, it shall be unlawful for—

(a) a participant to produce, trade or otherwise handle animals, carcases or meat for human consumption or to manufacture or trade in feedingstuffs unless the participant is the holder of a certificate of approval,

(b) a participant to sell or supply animals, carcases or meat for human consumption or to sell or supply feedingstuffs to a participant who does not hold a certificate of approval,

(c) a participant to buy or receive animals, carcases or meat for human consumption or to buy or receive feedingstuffs from any other participant who does not hold a certificate of approval, and

(d) a person who owns or operates a food business to buy or receive, or to be in possession of, animals, carcases or meat for human consumption from a participant who does not hold a certificate of approval.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

(3) In any proceedings for an offence under subsection (1)(b), (c) or (d) it shall be a defence for the defendant to prove that at the relevant time he or she believed, in good faith and upon reasonable grounds, that the participant with whom he or she dealt in contravention of those provisions was the holder of a certificate of approval.

7 Regulations regarding disposal of non-compliant animals, etc.

7.—(1) The Minister may make regulations in relation to the seizure, detention, destruction and disposal of animals, carcases, meat and feedingstuffs, produced by or in the possession of persons in contravention of this Act.

(2) The cost of seizing, detaining, destroying and disposing of animals, carcases, meat or feedingstuffs in accordance with regulations made under subsection (1), may be recovered by the Minister from the owner of the animal or of the holding or premises, as the case may be, as a simple contract debt in any court of competent jurisdiction.

8 Duty on participant to apply for certificate of approval.

8.—(1) A person who immediately before the commencement of this Act was engaged in the production, trade or otherwise handling of animals, carcases or meat for human consumption or in the manufacture or trade of feedingstuffs shall, within the period beginning on the commencement of this Act and ending 12 months after such commencement or such longer period as the Minister may allow, apply for the grant of a certificate of approval under this Act.

(2) A person who wishes to engage in the production, trade or otherwise handling of animals, carcases or meat for human consumption or in the manufacture or trade of feedingstuffs within the period referred to in subsection (1) shall apply for the grant of a certificate of approval under this Act before engaging in that activity.

9 Provisional approval of applicants.

9.—(1) During the period beginning on the commencement of this Act and ending on the date fixed by the Minister for all participants or for the appropriate class of participants under subsection (5), participants shall be deemed to be provisionally approved under this Act until they are granted or refused a certificate of approval by the Minister.

(2) During the period of provisional approval, the Minister may impose on a participant or a class of participant such conditions and requirements or both as he or she thinks fit relating to the production, processing, trading or otherwise handling of animals, carcases or meat intended for human consumption and the manufacture or trading of feedingstuffs.

(3) The Minister may at any time amend or revoke a condition or requirement imposed under subsection (2).

(4) A person who fails to comply with a condition or requirement imposed under subsection (2) shall be guilty of an offence.

(5) The Minister shall by order fix the date for the termination of the period of provisional approval for all participants or for any class of participant as the Minister considers appropriate.

10 Grant of certificate of approval.

10.—(1) Every application for a grant of a certificate of approval under this Act shall be in such form as may be determined by the Minister.

(2) Where an application is made for the grant of a certificate of approval, the Minister shall, before deciding on the application, require or cause the holding or premises to which the application relates to be inspected or checked by an authorised officer or other person who is within a class or category of persons approved, in writing, by the Minister.

(3) The Minister shall grant a certificate of approval to the participant, if, based on the outcome of the inspection referred to in subsection (2) and other inspections the Minister considers necessary, he or she is satisfied that the participant is a fit and suitable person to hold such a certificate and that the participant complies with the requirements of this Act and the regulations under this Act and with the Acts, orders and regulations specified in the Second Schedule that apply to the class of participant.

(4) The Minister may attach such conditions to a certificate of approval as he or she considers necessary.

(5) The Minister may at any time amend or revoke the conditions attached to a certificate of approval under subsection (4).

(6) Any costs incurred in securing a certificate of approval are the responsibility of the applicant.

(7) Subject to any regulations made under subsection (8), the certificate of approval shall remain in force until such time as the certificate expires under section 14(2) or is revoked under this Act.

(8) The Minister may make regulations specifying a fixed period of validity for certificates of approval and the period may be different for different classes or categories of certificates of approval.

(9) A person who knowingly and wilfully gives any false or misleading information in respect of an application for a certificate of approval shall be guilty of an offence.

11 Requirement for certificate of approval.

11.—(1) No person shall produce, trade or otherwise handle animals, carcases or meat for human consumption or manufacture or trade in feedingstuffs after the date fixed under section 9(5) for all participants or for the class of participant to which the person belongs unless that person applies for and is granted a certificate of approval under this Act.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

12 Regulations regarding reinspection.

12.— The Minister may make regulations establishing the procedures for the periodic reinspection of premises and holdings to ensure continued compliance with this Act and the regulations made under this Act.

13 Register of holders certificates of approval.

13.— (1) The Minister shall establish and maintain a register of all participants who have been granted a certificate of approval under this Act.

(2) The register shall contain the following details—

(a) the full name and address of the certificate holder,

(b) the type of holding or premises, including the address, to which the certificate applies,

(c) the number or letter, or both, assigned to each certificate holder,

(d) the date on which the certificate was granted, and

(e) such other particulars relating to such certificates as the Minister may from time to time direct.

(3) Whenever a certificate of approval is amended or revoked, the register shall be amended accordingly.

(4) The register may be established and maintained in a form that is not legible if it is capable of being converted into a legible form.

(5) A certificate purporting to be signed by an officer of the Minister that the holding or premises 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 the officer or that he or she was in fact such an officer or was in fact so authorised.

14 Non-transferability of certificate of approval.

14.—(1) A certificate of approval shall not be transferred by a certificate holder to any other person.

(2) When a certificate holder who is an individual dies, the certificate of approval shall continue in effect for the benefit of the deceased person's personal representative until the expiration of 9 months from the date of death or such longer period as the Minister may allow.

15 Refusal of certificate of approval.

15.—(1) The Minister may, at any time, refuse an application for the grant of a certificate of approval.

(2) Where the Minister intends to refuse an application for the grant of a certificate of approval, the Minister shall—

(a) notify the applicant in writing of his or her intention to refuse the application and of the reasons therefor,

(b) notify the applicant in writing that the person, or a person acting on his or her behalf, may make representations to the Minister in relation to the intended refusal within 14 days of the date of issue of the notification, and

(c) consider any representations made under paragraph (b) before deciding whether to proceed with the refusal.

(3) Where the Minister decides to proceed with the refusal of an application for the grant of a certificate of approval, the Minister shall, by notice in writing, notify the applicant—

(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 decision may, pursuant to section 17, be made, and