S.I. No. 100/2008 - European Communities (Approval and Registration of Dealers of Ovine Animals) Regulations 2008

S.I. No. 100 of 2008

EUROPEAN COMMUNITIES (APPROVAL AND REGISTRATION OF DEALERS OF OVINE ANIMALS) REGULATIONS 2008

ARRANGEMENT OF REGULATIONS

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S.I. No. 100 of 2008

EUROPEAN COMMUNITIES (APPROVAL AND REGISTRATION OF DEALERS OF OVINE ANIMALS) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th April, 2008.

I, MARY COUGHLAN, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by Section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive 91/68/EEC of 28 January 1991 ¹ and Council Directive 2003/50/EC of 11 June 2003 ² , in so far as they relate to the activities of a dealer, hereby make the following Regulations—

Citation

Interpretation

“animal” means an ovine animal;

“approval” means approval under Regulation 6 or Regulation 7;

“approval number” means a number issued under Regulation 6 or Regulation 7;

“approved dealer” means a dealer approved under Regulation 6;

“approved disinfectant” means a disinfectant approved in accordance with the Diseases of Animals (Disinfectants) Order 1975 ( S.I. No. 273 of 1975 ) as amended by the Diseases of Animals (Disinfectants) Order 1975 (Amendment) Order 1978 ( S.I. No. 345 of 1978 );

“authorised officer” means—

• (a) an authorised officer within the meaning of section 17A (inserted by the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001)) of the Diseases of Animals Act 1966 (No. 6 of 1966),

• (b) a member of the Garda Siochána,

• (c) an officer of Customs and Excise, or

• (d) a person appointed under Regulation 10;

“Council Directive” means Council Directive 2003/50/EC of 11 June 2003 amending and updating Council Directive 91/68/EEC of 28 January 1991;

“dealer” means any natural or legal person who buys and resells animals commercially either directly or indirectly, who has a turnover of these animals and who within a maximum of 29 days of purchasing resells them or relocates them from the first premises to other premises or directly to a slaughterhouse not within his or her ownership;

“Diseases of Animals Act” means the Diseases of Animals Act 1966 (No. 6 of 1966) as amended by the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001);

“first premises” means the permitted premises where an animal is bought, or where an animal is imported the holding on which the animal is first located and identified within the State;

“holding” means any premises, structure, or in the case of free-range farming, any environment in which an animal is held, reared or handled on a permanent or temporary basis, except a veterinary practice or clinic;

“holding number” means the herdnumber assigned to a flock;

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

“Minister” means the Minister for Agriculture, Fisheries and Food;

“permitted premises” means—

• (a) a premises, including a farm, registered as a food business in accordance with Regulation 3(1) of the European Communities (Food and Feed Hygiene) Regulations 2005 ( S.I. No. 910 of 2005 ),

• (b) a mart which is licensed in accordance with Section 3 of the Livestock Marts Act 1967 (No. 20 of 1967);

• (c) a premises registered under Regulation 7 of these Regulations; or

• (d) an assembly centre approved in accordance with a Regulation of an institution of the Community or a Regulation made under the European Communities Act 1972 (No. 27 of 1972) in relation to the approval of an assembly centre.

“premises” includes any establishment, construction and, in the case of an open-air farm, any place in which an animal is kept, situated within the State;

“transporter” means any person transporting animals on his or her own account, or for the account of a third party; and

“veterinary practitioner” means a person registered under Part 4 of the Veterinary Practice Act 2005 (No. 22 of 2005).

• (2) A word or expression that is used in these Regulations and that is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directive.

Dealers — Buying and Reselling an Animal

• (2) A dealer who buys an animal and has a registered dealer’s premises must transport the animal directly from the first premises where he or she bought the animal directly to—

• (a) his or her registered dealer’s premises, or

• (b) the permitted premises to where it is being resold or relocated.

• (3) A dealer who buys an animal and does not have a registered dealer’s premises must arrange to transport the animal directly from the first premises to the permitted premises to where it is being resold or relocated.

• (4) A person shall not knowingly—

• (a) buy an animal from a dealer, or

• (b) sell an animal to a dealer,

unless the dealer is approved.

Limitations Relating to a Dealer

• (a) comes from or is going to a permitted premises that has an official identification number and is not subject to movement restrictions specified in Community or national legislation,

• (b) is correctly identified with ear tags as specified in the Diseases of Animals Act 1966 (National Sheep Identification System) Order 2001 (S.I. 281 of 2001),

• (c) is accompanied by a document (“movement document”), that conforms with section C of the Annex to Council Regulation (EC) No 21/2004 of 17 December 2003 ³ .

• (2) A dealer may deal only with—

• (a) another approved dealer, or

• (b) a person who has a permitted premises.

Obligations and Responsibilities of Dealers

• (2) In addition to paragraph (1) a dealer shall keep a record, in such form as the Minister decides, for at least 3 years following the date on which he or she bought or resold the animal concerned of—

• (a) the name and number of the permitted premises of the person from whom an animal was bought,

• (b) the date the animal was bought,

• (c) the category, number and tag number of the animal,

• (d) the number of the permitted premises of most recent origin of the animal bought, if different to subparagraph (a),

• (e) a copy of any notifications supplied to competent authorities with all information concerning the origin, identification and where appropriate, the destination of the animal which he or she has owned, kept, transported, marketed or slaughtered,

• (f) the registration number or name and address of the transporter and the licence number of the vehicle delivering or collecting the animal,

• (g) the name and address or number of the permitted premises of the buyer of the animal, the date of sale, and where required the tag number of each animal moved to slaughter and details of the permitted premises to which the animal is being moved,

• (h) the number of the permitted premises of destination of each animal, if different to subparagraph (g), and

• (i) a copy of a journey log or serial number of health certificates, as appropriate.

• (3) A dealer shall furnish the Minister or a person designated by the Minister information in relation to each transaction completed in respect of an animal as required under these Regulations and, where appropriate, the Council Directive or other legislation of the European Communities relating to animals. The information shall be provided in the format and within a timeframe that the Minister decides.

• (4) If a dealer keeps an animal on his or her registered dealer’s premises, he or she shall ensure that—

• (a) he or she or any person that is entrusted with the care of an animal has received appropriate training, as directed by the Minister, in the care and welfare of an animal to meet the requirements of the Council Directive and these Regulations, and

• (b) controls and tests on an animal are carried out on the premises as may be required by an authorised officer or a veterinary practitioner or otherwise to prevent the outbreak or spread of disease.

• (5) A dealer shall provide the Minister with full details of all premises within the State used by him or her in connection with the buying or reselling of an animal.

• (6) A dealer shall ensure that his or her registered dealer’s premises—

• (a) is accessible to an authorised officer,

• (b) is used only for an animal relating to the dealer’s business,

• (c) has appropriate facilities of sufficient capacity and in particular inspection and isolation facilities so that an animal can be isolated in the event of an outbreak of a contagious disease,

• (d) has appropriate facilities, which must be easy to clean and disinfect, for the loading and unloading of an animal and where necessary adequate housing of a suitable standard for the animal, for watering and feeding the animal and for providing the animal with any necessary treatment,

• (e) has an appropriate reception area for litter and manure and an appropriate system for collecting waste water,

• (f) is cleaned and disinfected before and after use as may be required by an authorised officer, and

• (g) has adequate testing facilities with a suitable pen and crush that is protected from the elements.

Approval of a Dealer

• (2) On or before the expiry of the approval, the dealer may apply to have his or her approval renewed.

• (3) An application for approval or renewal shall be in such form as the Minister decides and the applicant shall furnish the Minister with any information as he or she reasonably requires for the purposes of the Council Directive and these Regulations including details of any person acting as an agent on the dealer’s behalf.

• (4) If the Minister is satisfied that an applicant or an approved dealer has failed to comply with or will not comply with—

• (a) these Regulations,

• (b) the Diseases of Animals Act,

• (c) the Animal Remedies Act 1993 (No. 23 of 1993),

• (d) a Regulation of an institution of the European Communities or a Regulation made under the European Communities Act 1972 or the laws of another Member State giving effect to such a directive relating to animal health, identification, transport or welfare,

he or she may refuse to grant approval or renewal or may remove the name of the dealer from the register or revoke or suspend the approval in accordance with Regulation 8.

• (5) The Minister shall establish and maintain a register (“approved dealers’ register”) of approved dealers who have been issued with approval numbers.

• (6) The approved dealers’ register may be maintained in a form that is not legible if it is capable of being converted into a legible form.

• (7) A certificate purporting to be signed by a person authorised by the Minister to certify that on a specified day or days or during the whole of a specified period a particular dealer was not entered in the approved dealers’ register or that on a specified day the entry of a dealer has been removed from the register shall, without proof of either the signature of the person purporting to sign the certificate or that he or she was so authorised by the Minister, be evidence, unless the contrary is shown, of the matters stated in the certificate.

• (8) A person who acts as a dealer shall not engage in the buying or reselling of an animal to which these Regulations relate unless for the time being he or she is approved and registered in the approved dealers’ register.

Registration of Dealers’ Premises

• (2) The Minister shall establish and maintain a register (“dealer premises register”) of premises used in connection with the buying or reselling of an animal under these Regulations.

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

• (4) An application for entry of a premises in the dealer premises register shall be made in such form as the Minister may specify.

• (5) A person applying for entry of a premises in the dealer premises register shall furnish the Minister with such information as he or she may require for the purposes of these Regulations and the Council Directive.

• (6) The Minister may attach conditions or limitations in respect of the business that may be conducted on the premises and in respect of the structural and operational requirements of the premises.

• (7) The Minister shall, following registration of a premises, cause to be issued a document containing a registration number in respect of the premises which shall be used for the purposes of these Regulations.

• (8) A certificate purporting to be signed by a person authorised by the Minister to certify that on a specified day or days or during the whole of a specified period a particular premises was not entered in the dealer premises register or that on a specified day the entry of a premises has been removed from the register shall, without proof of either the signature of the person purporting to sign the certificate or that he or she was so authorised by the Minister, be evidence, unless the contrary is shown, of the matters stated in the certificate.

• (9) A dealer shall not use a premises in connection with the buying and reselling of an animal unless that premises is for the time being entered in the dealer premises register.

• (10) Any additional or materially modified premises shall not be used by a dealer for the buying and reselling of an animal until the premises has been registered and entered in the dealer premises register.

• (11) If the Minister is satisfied that an applicant for registration or a registered dealers’ premises has failed to comply with or will not comply with—

• (a) these Regulations,

• (b) the Diseases of Animals Act,

• (c) the Animal Remedies Act 1993 (No. 23 of 1993), or

• (d) a Regulation of an institution of the European Communities or a Regulation made under the European Communities Act 1972 or the laws of another Member State giving effect to a directive of such an institution in relation to animal health, identification, transport or welfare,

then he or she may refuse to register a premises or may remove the premises from the dealer premises register or revoke or suspend the registration in accordance with Regulation 8.

Revocation, Suspension or Refusal to Approve a Dealer or Register a Premises

• (a) notify the applicant or person concerned of the proposal and the reasons for the proposal, and that he or she may make representations, in writing, in relation to the proposal to the Minister within 14 days of the issue of the notification,

• (b) consider a representation duly made before deciding whether to proceed with, modify or annul the proposal and,

• (c) notify the applicant or the person concerned of the decision and the reasons for the decision.

• (2) Where an approval is suspended or revoked, the Minister shall give notice in writing to the dealer requiring the dealer to cease dealing in animals.

• (3) Where a premises is removed from the dealer premises register, the Minister shall give notice in writing to the dealer to cease using the premises in connection with the buying, selling or keeping of an animal.

• (4) A notice under paragraph (2) or (3) may be given directly to the dealer or left at the premises of the dealer or be sent by post to the dealer.

• (5) Where the Minister removes a premises from the dealer premises register, the premises concerned shall not be used for the buying, selling or keeping of an animal and the business specified in the notice issued shall be discontinued from the date of the removal.

• (6) The Minister may restore an approval, and re-enter a premises in the dealer premises register where the dealer demonstrates to the satisfaction of the Minister that he or she will comply with the requirements of, and that the premises concerned will be used in accordance with, the provisions referred to in Regulations 6(4) and 7(11).

• (7) The Minister may where he or she is satisfied that there is a serious and immediate risk to public or animal health or welfare, suspend an approval, without affording the person granted the approval an opportunity of making representations referred to in paragraph (1).

Fees

• (a) a dealer approval, or

• (b) a dealer premises registration, or

• (c) the provision by him or her of any other service for the purposes of these Regulations or the Council Directive.

• (2) Moneys received by the Minister under this Regulation or Regulation 13 shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

• (3) The Public Offices Fees Act 1879 (42 & 43 Vict. Cap 58) does not apply to a fee charged pursuant to this Regulation.

Appointment of Authorised Officers

• (2) The Minister may terminate the appointment of an authorised officer appointed by him or her, whether or not the appointment was for a fixed period.

• (3) An appointment as an authorised officer ceases—

• (a) if it is terminated pursuant to paragraph (2),

• (b) if it is for a fixed period, on the expiry of that period, or

• (c) if the person appointed is an officer of the Minister upon the person ceasing to be such an officer.

• (4) Nothing in paragraph (3) is to be construed so as to prevent the Minister from reappointing as an authorised officer a person to whom that paragraph relates.

• (5) An authorised officer, when exercising any power conferred on him or her by these Regulations, if so requested by any person affected, shall produce evidence in writing of his or her appointment as an authorised officer.

• (6) A member of the Garda Síochána, or an officer of Customs and Excise, not in uniform, when exercising any power, shall, if so requested by a person affected, produce evidence in writing that he or she is a member or officer.

Powers of Authorised Officers

• (a) at all reasonable times, enter any premises where he or she has reason to believe there is an animal, ear-tags, documents or records relating to an animal and inspect the premises,

• (b) require any person in charge of the premises to produce to him or her any documents, records (and in the case of such information in a non-legible form to reproduce it in permanent legible form) or ear-tags relating to an animal and to give to him or her such information as he or she may reasonably require,

• (c) inspect and take copies of, or take extracts from, any such documents or records including in the case of information in a non-legible form a copy of or extract from such information in permanent legible form in whatever form kept, and

• (d) there or at any other place carry out such inspections as the officer considers appropriate and if the officer so thinks fit, remove or have removed from there any documents, records or ear-tags and retain them for a reasonable period to facilitate such inspection.

• (2) If an authorised officer has reasonable cause to suspect that—

• (a) an animal is present, has been present or may be present on a premises,

• (b) a vehicle, vessel or container used in connection with an animal is present, has been present or may be present on a premises, or

• (c) ear-tags or a document relating to an animal is present, has been present or may be present on a premises,

the authorised officer may enter the premises and he or she may—

• (i) search the premises,

• (ii) stop a person, vehicle, vessel or container,

• (iii) board and search a vehicle, vessel or container,

• (iv) examine an animal, ear-tags, document, vehicle, vessel, container or other thing that may be used in connection with an animal,

• (v) take, without payment, samples from an animal, or other thing or an article, substance or liquid as he or she may reasonably require and carry out or cause to be carried out on a sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient,

• (vi) require the production of a document or thing relating to an animal, ear-tags, vehicle, vessel, container or other thing,

• (vii) retain a document or thing (for so long as is necessary),

• (viii) give a direction to, or request information of, a person regarding an animal, ear-tags, vessel, vehicle, container, premises or other thing as he or she considers necessary,

• (ix) require the name and address of a person and the name and address of any other relevant person, including the person to whom an animal is being delivered or who is causing it to be delivered,

• (x) require of a person the ownership, identity and origin of the animal, or

• (xi) mark or otherwise identify an animal, or a sample taken under subparagraph (v).

• (3) If an authorised officer has reasonable cause to suspect that—

• (a) an offence is being or has been committed under these Regulations,

• (b) a contravention of an act of the institutions of the European Communities relating to animal welfare is being or has been committed, or

• (c) evidence of an offence or contravention may be, is or has been on a premises,

the authorised officer may, in addition to the powers exercisable by him or her under subsection (2)—

• (i) search a person, where the authorised officer considers it necessary,

• (ii) seize and detain, an animal, ear-tags, vessel, vehicle, container, equipment, machinery or other thing,

• (iii) dispose of an animal, ear-tags, vessel, vehicle, container, equipment, machinery or other thing or

• (iv) require the owner or person in charge of or in possession of an animal, to dispose of an animal, ear-tags, vessel, vehicle, container equipment, machinery or other thing in a manner that the authorised officer sees fit.

• (4) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling, unless he or she has obtained a search warrant under Regulation 12.

• (5) An authorised officer may use reasonable force, if necessary, in exercise of his or her powers under this Regulation.

• (6) An authorised officer, when exercising a power under this Regulation may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.

• (7) An authorised officer is not liable in any proceedings for anything done in the purported exercise of his or her powers under these Regulations if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

• (8) Without prejudice to the generality of paragraph (1), a direction or requirement of an authorised officer may include conditions prohibiting, restricting or otherwise controlling the use, processing or movement of an animal as may be specified by the authorised officer.

• (9) Nothing in this Regulation operates to prejudice any power to search, or to seize or detain property, which may, apart from these Regulations, be exercised by a member of the Garda Síochána or an officer of Customs and Excise.

• (10) If a member of the Garda Síochána has reasonable grounds to suspect that a person has committed an offence under these Regulations, the member may without warrant arrest the person.

Search Warrant

• (a) evidence of or relating to the commission or intended commission of an offence under these Regulations is to be found on a premises,

• (b) a document or other record related to a thing to which subparagraph (a) refers is or may be on the premises,

the judge may issue a search warrant.

• (2) A search warrant under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary, at any time, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter (if necessary by use of reasonable force) the premises, vehicle, vessel, container or aircraft named in the warrant.

• (3) If a premises is entered pursuant to a warrant issued under this Regulation, an authorised officer so entering may exercise all or any of the powers conferred on an authorised officer under these Regulations.

Fixed Payment Notice

• (a) the person is alleged to have committed the offence,

• (b) the person may during the period of 28 days on the date of the notice make to the Minister a payment of €250 accompanied by the notice, and

• (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (2) If notice is given under paragraph (1)—

• (a) a person to whom the notice applies may, during the period specified in the notice, make to the Minister at the address specified in the notice the payment specified in the notice accompanied by the notice,

• (b) the Minister may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and

• (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (3) In a prosecution for an offence under these Regulations, the onus of proving that a payment pursuant to a notice under this Regulation has been made lies on the defendant.

Forgery

• (2) A person shall not alter with intent to defraud or deceive, or to utter knowing it to be so altered a document issued under these Regulations (hereafter in this Regulation referred to as an “altered document”).

• (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 forged document or an altered document.

Obstruction etc

• (a) obstruct or impede an authorised officer in the exercise of his or her powers under Regulation 11,

• (b) fail, without reasonable cause, to comply with a requirement or direction of an authorised officer under Regulation 11,

• (c) in making an application for a dealer approval or a dealer premises registration or in purporting to give information to an authorised officer for the performance of the officer’s powers under Regulation 11—

• (i) make a statement that he or she knows to be false in a material particular or recklessly make a statement which is false in a material particular, or

• (ii) fail to disclose a material particular, and

• (d) aid or abet a contravention of the Council Directive or these Regulations.

Offences

• (a) Articles 8b(1) or 8b(2) of the Council Directive, or

• (b) Regulation 3, 4, 5, 6(8), 7(9), 8(5), 11, 14 and 15, or

• (c) a condition of a dealer approval or a dealer premises registration,

commits an offence

• (2) If an offence under these Regulations is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval of or to have been attributable to the wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purported to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she is guilty of the offence.

• (3) If the affairs of a body corporate are managed by its members, paragraph (2) applies in relation to the acts and defaults of a member in connection with the functions of management as if the member were a director or manager of the body corporate.

• (4) A summary offence under these Regulations may be prosecuted by the Minister.

Penalties

• (a) on summary conviction, to a fine not exceeding € 5,000, or to imprisonment for a term not exceeding 6 months, or to both, or

• (b) on conviction on indictment, to a fine not exceeding €250,000, or to imprisonment for a term not exceeding 2 years, or to both.

Publication

• (a) dealer approvals, and

• (b) dealer premises registrations.

• (2) A list referred to in paragraph (1) shall contain such information as the Minister considers necessary.

Revocations, Savers etc

• (2) A notice served under the instrument revoked by paragraph (1) that is in force immediately before the making of these Regulations continues in force and may be dealt with as if served under these Regulations.

• (3) A person or a premises that immediately before the making of these Regulations were registered within the meaning of the Diseases of Animals Acts 1966 to 2001 (Approval and Registration of Dealers and Dealers Premises) Order 2001 ( S.I. No. 79 of 2001 ) are considered to be approved for the purpose of these Regulations and may be dealt with as if approved under Regulation 6 or registered under Regulation 7.

GIVEN under my Official Seal,

8 April 2008

MARY COUGHLAN

Minister for Agriculture, Fisheries and Food.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations give effect to Council Directive 91/68/EC, on health problems affecting intra-community trade, in so far as it relates to dealers of ovine animals. The Regulations regulate the operations of dealers and lay down their obligations and responsibilities in relation to registration and approval of premises, the keeping of records and provision of information relating to their operations.

Footnotes