Animal Health and Welfare Act 2013

• (b) animals, animal products or animal feed generally, or to animals, animal products or animal feed of a particular class or description,

• (c) diseases generally or to diseases or disease agents of a particular class or description,

• (d) land or premises generally or to land or premises of a particular class or description,

• (e) vehicles, vessels, aircraft, machinery or equipment, generally or of a particular class or description, and

• (f) persons generally or to persons of a particular class or description.

• (3) Animal health and welfare regulations may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.

• (4) A person who contravenes or fails to comply with a provision of animal health and welfare regulations which is stated in the regulations to be a penal provision—

• (a) to which this paragraph applies, commits an offence and is liable, on summary conviction, to a class A fine, or

• F10[(b) to which this paragraph applies, commits an offence and is liable—

• (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or

• (ii) on conviction on indictment, to a fine not exceeding €250,000 or to imprisonment for a term not exceeding 5 years, or to both.]

• F11[(4A) A person who contravenes or fails to comply with a provision of an instrument to which section 75 refers commits an offence and is liable—

• (a) on summary conviction, to a class A fine, 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 5 years, or to both.]

• (5) Section 16 of the Dog Breeding Establishments Act 2010 does not apply to a dog in a dog breeding establishment where—

• (a) the dog is implanted with a microchip, or

• (b) the dog is removed, caused to be removed or its removal has been permitted to another premises,

in accordance with animal health and welfare regulations.

• (6) Animal health and welfare regulations may provide for the extent (if any) to which—

• (a) regulations under section 28 of the Control of Horses Act 1996 relating to the identification of horses, or

• (b) regulations under section 9(2) of the Welfare of Greyhounds Act 2011 regarding the identification and traceability of greyhounds,

do not apply.

• F11[(7) In proceedings for an offence under this section for a contravention of or failure to comply with animal health and welfare regulations in respect of the matters set out in paragraph 14B or 47 of Schedule 3, a certificate purporting to be signed by a person employed in connection with an animal identification database or an animal tracing system stating the capacity in which the person is employed and stating that on a particular day or days, or during a particular period—

• (a) specified information required to be submitted—

• (i) was received, or

• (ii) by a named person was not received,

and

• (b) the information received and specified in the certificate is a legible copy of information stored in the system,

is, until the contrary is shown, sufficient evidence of the facts stated in the certificate.]

36A. F12[Compliance with EU Regulations - offence and penalty

36A.— Where a person contravenes or fails to comply with an obligation imposed on the person by a provision of a Regulation of an institution of the European Union relating to animals or animal products, including disease, health, welfare, identification, movement, transport, import, export, traceability, sale or supply, which is stated in regulations made under this section to be a breach to which this section applies, the person commits an offence and where the contravention or failure is stated in the regulations—

• (a) to be a breach to which this paragraph applies, is liable, on summary conviction, to a class A fine, or

• (b) to be a breach to which this paragraph applies, is liable—

• (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or

• (ii) on conviction on indictment, to a fine not exceeding €250,000 or to imprisonment for a term not exceeding 5 years, or to both.]

PART 8 Enforcement

37. Appointment of authorised officer.

37.—(1) The Minister F13[…] may for the purposes of enforcing this Act or an EU measure, appoint in writing, such persons or classes of person as he or she considers appropriate to be authorised officers for the exercise of all or any of the functions conferred on an authorised officer under this Act specified in the appointment.

• (2) The F14[chief executive] of a local authority for the purposes of enforcing this Act in the functional area of the authority, or other authority in accordance with subsection (6)(b), may, appoint in writing, such officers of the authority as he or she considers appropriate to be authorised officers for the exercise of all or any of the functions conferred on an authorised officer under this Act in the functional area of the authority, or other authority in accordance with subsection (6)(b), specified in the appointment.

• (3) A person with whom the Minister enters into a service agreement under section 74 may for the purposes of enforcing this Act, appoint in writing, with the consent of the Minister, such persons as he or she considers appropriate to be authorised officers for the purpose of all or any of the functions that the person may exercise under the service agreement.

• (4) An authorised officer appointed under subsection (3) shall not exercise a function conferred on an authorised officer in relation to—

• (a) an animal of the bovine, ovine, porcine or caprine species which is kept on a farm for the commercial production of food for human consumption, or

• (b) a horse kept on such a farm.

• (5) The Minister, the manager of the local authority or a person referred to in subsection (3) may terminate the appointment of an authorised officer appointed by him or her, whether or not the appointment was for a fixed period or specified purpose.

• (6) An authorised officer, appointed under subsection (2), may exercise any of the functions conferred on the authorised officer—

• (a) within the functional area of the local authority which appointed the authorised officer, and

• (b) in the functional area of another local authority with which an agreement exists for the exercise by authorised officers of the first-mentioned authority in the functional area of that other authority of the functions of an authorised officer.

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

• (a) if it is terminated in accordance with subsection (5),

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

• (c) if it is for a specified purpose, on the completion of that purpose, or

• (d) if the person appointed is an officer of the Minister or local authority or a person appointed under subsection (3), upon the person ceasing to be such an officer or class of person.

• (8) Nothing in subsection (7) is to be construed so as to prevent the Minister, the manager of a local authority or a person who has entered into a service agreement under section 74 from reappointing as an authorised officer a person to whom subsection (7) relates.

• (9) An authorised officer appointed under this section shall be furnished with a warrant of his or her appointment and, when exercising a function conferred on him or her as an authorised officer, the officer shall, if requested by a person affected, produce the warrant, or other evidence (including an identity document relating to the officer under section 17 of the Animal Remedies Act 1993) that he or she is such an officer, for inspection.

38. Functions of authorised officer.

38.—(1) For the purposes of this Act or an EU measure an authorised officer may—

• (a) enter and inspect, at all reasonable times, any land or premises where he or she has reasonable grounds for believing that—

• (i) an animal, animal product or animal feed is, may be or has been present,

• (ii) a record relating to an animal, animal product or animal feed is, may be or has been present, or

• (iii) equipment, machinery or other thing used in connection with an animal, animal product or animal feed is, may be or has been present,

• (b) examine an animal, animal product, animal feed, equipment, machinery or other thing,

• (c) require the name and address of the person in possession or control of an animal, animal product, animal feed, equipment, machinery or other thing,

• (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with an animal, animal product or animal feed and require a person in charge or control of such to refrain from moving it,

• (e) require the owner, occupier or person in charge of land or premises or an animal, animal product or animal feed or a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require,

• (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection,

• (g) set equipment to capture or restrain an animal, or

• (h) carry out surveys or programmes relating to animal welfare, animal health or disease surveillance.

• (2) For the purposes of his or her functions under this Act, an authorised officer may require a person in possession or control of an animal in a public place to permit the animal to be examined by the officer or a veterinary practitioner.

• (3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of an animal, animal product or animal feed, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to an animal as is in the person’s knowledge or procurement.

• (4) Where an authorised officer has reasonable grounds for believing that—

• (a) there is a risk of disease,

• (b) a disease or disease agent is or may be present on any land or premises,

• (c) an offence is being or has been committed under this Act F15[or an EU measure], or

• (d) evidence of a disease or a disease agent, or an offence to which paragraph (c) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

the officer may, in addition to the powers exercisable by him or her under subsection (1):

• (i) search the land or premises;

• (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery;

• (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—

• (I) refrain from moving it, or move it to a location where it may be searched, and

• (II) give information regarding its place of departure, journey or destination;

• (iv) take, without making a payment, samples from an animal, animal product, animal feed, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to an animal, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;

• (v) seize and detain an animal, animal product or animal feed and mark or otherwise identify it;

• (vi) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this section either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;

• (vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under this Act.

• (5) 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 section 45 other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under section 45, any evidence of an offence referred to in subsection (4)(c) is being or is likely to be disposed of or destroyed.

• (6) An authorised officer, when exercising a power under this section, 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 may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under this Act.

• (8) Where, in the course of exercising a power under this Act, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under this Act, the officer may seize and retain it for use in evidence in proceedings for an offence under this Act.

• (9) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by this Act.

38A. F16[Costs of detention of seized animal

38A.— (1) Where an animal is seized and detained under section 38(4)(v), the Minister or local authority in whose custody the animal is detained may make reasonable charges in respect of the costs of seizing the animal and of keeping the animal during its detention, of—

• (a) the occupier or person in charge of the land or premises on which the animal was found,

• (b) the person in possession or control of the animal at the time it was seized,

• (c) the owner of the animal, or

any or all of them.

• (2) A charge under subsection (1) shall include provision for expenses associated with transporting, sheltering and sustaining the animal, veterinary and other care and overheads incurred.

• (3) The Minister or local authority in whose custody an animal is detained may dispose of the animal if a person mentioned in subsection (1) fails to discharge a sum charged on him or her within 14 days of the placing of a notice on or near the land or premises from which the animal was detained or where representations received under subsection (5)(a) are unsuccessful, upon the person being informed of the decision.

• (4) The costs (including ancillary costs) of detaining an animal seized under section 38(4)(v) may be recovered by the Minister or local authority in whose custody the animal is detained from a person mentioned in subsection (1)—

• (a) as a simple contract debt in a court of competent jurisdiction, or

• (b) by deducting the sum from any moneys due, or becoming due, and payable by the Minister or local authority to a person mentioned in subsection (1).

• (5) Where the Minister or local authority in whose custody an animal is detained proposes to recover a charge under this section, the Minister or local authority, as the case may be, shall—

• (a) place or cause a notice to be placed on or near the land or premises from which the animal was seized and detained stating the sum due, the reason the sum is due and that a person mentioned in subsection (1) may make representations relating to the proposal not later than 14 days from the date of the notice and specified in the notice,

• (b) consider any representations made, and

• (c) make a decision and inform the person making the representations of the decision and the reasons for the decision.]

39. Power of member of Garda Síochána to arrest without warrant.

39.—(1) Where a person is seen or found committing, or is reasonably suspected of being engaged in committing or having committed, an offence referred to in [F17section 36(4)(b) or (4A)(b), 36A(b) or 52(2)] F18[or (2A)], a member of the Garda Síochána may arrest the person without warrant.

• (2) Where a person is arrested by a member of the Garda Síochána under subsection (1), the person shall be taken by the member to a Garda Síochána station and may be detained there or arrested and detained there in accordance with section 4 of the Criminal Justice Act 1984 and, accordingly, the reference in subsection (2) (inserted by section 9 of the Criminal Justice Act 2006) F17[of that section] to “an offence to which this section applies” is to be read as including a reference to an offence referred to in [F17section 36(4)(b) or (4A)(b), 36A(b) or 52(2)] F18[or (2A)].

40. Search of suspects and stopping vehicles.

40.—(1) Where a member of the Garda Síochána or an officer of Customs and Excise has reasonable grounds for believing that there is evidence on a person of an offence committed under this Act the member or officer may without warrant—

• (a) search or cause to be searched the person and, if the member or officer considers it necessary, detain the person for such time as is reasonably necessary to carry out the search,

• (b) search or cause to be searched a vehicle in which the member or officer suspects that evidence in relation to an offence committed under this Act may be found and for the purpose of carrying out the search, if the member or officer thinks fit, require the person who is in charge or control of the vehicle to bring it to a stop and when stopped to refrain from moving it or, in case the vehicle is already stationary, to refrain from moving it, or

• (c) seize and detain under section 38(4)(v), or cause to be seized and detained anything found in the course of a search under this section which any such member or officer reasonably suspects to be something which might be required as evidence in proceedings for such an offence.

• (2) Where a member of the Garda Síochána or an officer of Customs and Excise decides to search or cause to be searched a person under subsection (1) the member or officer may require the person to accompany that member or officer to either a Garda Síochána station or a customs office for the purpose of being so searched at that station or office.

• (3) A member of the Garda Síochána may stop a vehicle, vessel or aircraft for the purposes of this Act and may require it to be moved for inspection to such place as he or she directs.

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

41. Assistance to authorised officer.

41.—(1) A person who has—

• (a) an animal, animal product or animal feed, or

• (b) a vehicle, vessel, aircraft, container, equipment, machinery or other thing used in connection with an animal, animal product or animal feed,

in his or her possession or under his or her control, or information or a record relating to any of them, shall give such—

• (i) assistance to an authorised officer, or person who accompanies the officer, and

• (ii) information to an authorised officer on request being made in that behalf by the officer,

as the officer may reasonably require for the exercise of his or her functions under this Act.

• (2) The owner, occupier or person in charge of land or premises used in connection with an animal, animal product or animal feed shall, if required by an authorised officer, where it is practicable and possible, provide suitable equipment or facilities or a suitable part of the land or premises or both for the officer to carry out his or her functions under this Act.

• (3) An authorised officer may require a person to give to the officer such information as is in the person’s power or procurement or as regards any land specified by the officer including—

• (a) whether or not the land is used, either partly or wholly, for or in connection with the grazing or keeping of animals,

• (b) the name of the person who is in occupation of the land, and

• (c) whether or not the land is let and, if let, the name and address of the person to whom, and the period of time for which, it is let.

42. Animal health and welfare notice.

42.—(1) Where an authorised officer is of the opinion that—

• (a) a contravention of this Act, an EU measure or animal health and welfare regulations may have taken place or may be taking place,

• (b) an animal, animal product or animal feed, land or premises is, or may be, affected with disease or a disease agent,

• (c) a person is not, or is not capable of, taking care of a protected animal, or

• (d) the conditions (including the method of husbandry and the number of protected animals on land or premises) under which a protected animal is kept or otherwise used may—

• (i) give rise to injury or unnecessary suffering or other risk to the welfare of the animal or another animal,

• (ii) pose or are likely to pose a threat to the health or welfare of the animal or another animal,

• (iii) give rise to risk of disease, to the presence of a disease agent or the outbreak or the spread of disease, or

• (iv) impede efforts to control or eradicate a disease or a disease agent,

the officer may serve a notice (“animal health and welfare notice”) stating that opinion on the person—

• (I) who appears to be the owner, occupier or person in charge of the land or premises, or

• (II) in possession or control of an animal, animal product, animal feed or other thing to which the notice relates.

• (2) An animal health and welfare notice shall—

• (a) require the person on whom it is served to take such action as specified in the notice,

• (b) inform the person on whom it is served that he or she may appeal the notice to the District Court under section 43, and

• (c) state that if the person on whom it is served fails to comply with the notice, he or she commits an offence and is liable to a penalty set out in section 52(2).

• (3) An animal health and welfare notice may—

• (a) require that a protected animal which is ill, injured or enduring unnecessary suffering be cared for in the manner specified in the notice,

• (b) require that veterinary or other appropriate advice or treatment be obtained in respect of a protected animal,

• (c) require that a protected animal be supplied with animal feed appropriate to its age and type, species, breed, development and environment and in such quantity that will maintain it in good health,

• (d) require that a protected animal be given access to a supply of wholesome and uncontaminated drinking water or other suitable liquid as will enable it to fulfil its fluid intake needs,

• (e) require that a protected animal, animal product, animal feed or other thing be moved to, or not be moved from, and kept at a place specified in the notice,

• (f) require that such alterations be made to the manner in which a protected animal is kept as may be specified in the notice,

• (g) require that no more than a specified number (which may be zero) of protected animals or protected animals of a particular class or description are kept on any land or premises,

• (h) require that an animal, animal product, animal feed or other thing be killed, disposed of or destroyed in a manner and at a place (if any) specified in the notice,

• (i) prohibit or regulate an activity specified in the notice, including prohibiting or restricting entry onto land or premises specified in the notice,

• (j) require that the owner or person in charge of any land or premises dispose of an animal, animal product or animal feed in a manner specified in the notice,

• (k) prohibit the transport or the further transport of an animal, animal product, animal feed, or other thing either absolutely or unless such conditions as may be specified in the notice are complied with,

• (l) require a person to return an animal, animal product, animal feed or other thing to its place of departure (whether within the State or otherwise) by a route which in the opinion of the authorised officer is the most direct or prudent,

• (m) require that such alterations or additions be made to land or premises, means of transport, machinery or equipment used in connection with an animal, animal product, animal feed or other thing as may be specified in the notice,

• (n) require a person to secure, isolate or segregate an animal, animal product, animal feed or other thing in a manner (if any) as may be specified in the notice,

• (o) require that a person have carried out such examinations, tests or analyses as may be specified in the notice in a manner specified in the notice,

• (p) require a person to clean or disinfect land or premises or a vehicle, vessel, aircraft, railway wagon, container, equipment or machinery used in connection with an animal, animal product, animal feed or other thing, or part of any of them, in a manner as may be specified in the notice, or

• (q) require a person in charge of a premises where disease is suspected or present to affix notices prohibiting or restricting entry to the land or premises in accordance with the notice.

• F19[(3A) An animal health and welfare notice may contain such incidental, supplementary and consequential measures relating to the keeping of records and the making of returns by the person on whom the notice is served as appear to the authorised officer serving the notice to be necessary for the purposes of the notice having full effect or of providing evidence that the notice has full effect.]

• (4) A person on whom an animal health and welfare notice is served shall—

• (a) comply with it until the notice expires or is annulled under section 43, and

• (b) not cause or permit another person to contravene the terms of the notice.

• (5) An animal health and welfare notice may specify a time limit within which it is to be complied with.

• (6) An animal health and welfare notice may be modified or withdrawn by a further notice and the earlier notice has effect subject to the modification or withdrawal.

• (7) An animal health and welfare notice may require the owner, occupier or person in charge of land or premises or the owner or person in possession or control of an animal, animal product, animal feed or other thing to which the notice relates to choose between 2 or more of the requirements specified in the notice.

• (8) An animal health and welfare notice shall include an address for service of an appeal under section 43.

• (9) A person on whom an animal health and welfare notice is served who fails to comply with, or causes or permits another person to contravene, the notice commits an offence.

• (10) A person (other than an authorised officer or person accompanying an authorised officer) shall not enter or go onto any land or premises in contravention of a notice affixed in accordance with an animal health and welfare notice.

• (11) A person who contravenes subsection (10) commits an offence.

43. Appeal against animal health and welfare notice.

43.—(1) A person on whom an animal health and welfare notice is served may, not later than 7 days from the date of service of the notice, appeal the notice to the judge of the District Court having jurisdiction in the District Court district—

• (a) where a protected animal, animal product, animal feed or other thing relating to an animal, the subject of the notice, is situated, or

• (b) where the person bringing the appeal ordinarily resides or carries on business,

on the grounds that the notice is unreasonable having regard to this Act.

• (2) Notice of an appeal shall contain a statement of the grounds upon which it is alleged that the animal health and welfare notice is unreasonable having regard to this Act and shall be served, if the authorised officer who served the animal health and welfare notice—

• (a) is appointed by the Minister, is a member of the Garda Síochána or an officer of Customs and Excise, on the Minister,

• (b) is appointed by the F20[chief executive] of a local authority, on that local authority, or

• (c) is appointed under section 37(3), on the person who appointed the officer,

at the address included on the notice in accordance with section 42(8) not later than 48 hours prior to the hearing of the appeal.

• (3) A person bringing an appeal shall lodge a copy of the notice of appeal with the District Court Clerk concerned not later than 48 hours prior to the hearing of the appeal.

• (4) An animal health and welfare notice in respect of which an appeal is brought under this section shall have effect pending the making of an order under subsection (5).

• (5) On the hearing of an appeal the judge of the District Court may confirm, modify or annul an animal health and welfare notice.

• (6) A person, including a person on whom an animal health and welfare notice has been served, shall not—

• (a) pending the determination of the appeal of the notice, deal with a protected animal, animal product, animal feed, land or premises, means of transport or other thing to which the notice relates, other than in accordance with the terms of the animal health and welfare notice, or

• (b) if the notice is confirmed or modified on appeal, deal with a protected animal, animal product, animal feed, land or premises, means of transport or other thing to which the notice relates other than in accordance with the terms of the animal health and welfare notice as confirmed or modified.

• (7) A person who fails to comply with subsection (6) commits an offence.

• (8) In this section “appeal” means an appeal under subsection (1).

44. Seizure and detention for non-compliance with notice.

44.—(1) Without prejudice to an appeal under section 43, if—

• (a) the owner, occupier or person in charge of land or premises, or the owner or person in possession or control of a protected animal, an animal product, animal feed or other thing fails to comply with an animal health and welfare notice within the time specified in the notice,

• (b) an authorised officer has reasonable grounds for believing that an animal health and welfare notice, whether or not modified under section 43(5), will not be complied with, or

• (c) an animal health and welfare notice has been confirmed with or without modification under section 43(5) and the notice has not been complied with,

then the authorised officer may seize and detain the animal, animal product or animal feed and any means of transport or other thing used in connection with such.

• (2) Where an animal, animal product, animal feed, means of transport or other thing is seized and detained under subsection (1), an authorised officer may—

• (a) sell, destroy or dispose of the animal, animal product, animal feed or other thing or cause it to be sold, destroyed or disposed of, or

• (b) take such other measures in relation to the animal, animal product, animal feed, means of transport or other thing as the authorised officer considers appropriate, in the circumstances.

• (3) The profits, if any, arising out of the sale, destruction or disposal of an animal, animal product, animal feed, means of transport or other thing seized and detained under subsection (1) shall be paid to the owner of the animal, animal product, animal feed or other thing less any expenses (including ancillary expenses) incurred in connection with the seizure, detention, sale, destruction or disposal.

• (4) The costs (including ancillary costs) of a measure taken under this section may be recovered by the Minister, the local authority concerned or the person who appointed the authorised officer—

• (a) as a simple contract debt in a court of competent jurisdiction from the person who was the owner of the animal, animal product, animal feed, or means of transport or other thing at the time the measure was carried out, or

• (b) by deducting the costs from any moneys due, or becoming due, and payable by the Minister to the person on whom the animal health and welfare notice concerned was served.

• (5) Where a local authority, the Minister or a person who appointed an authorised officer proposes to recover the costs of anything done under this section, the authority, Minister or person shall—

• (a) inform by notice the person concerned of the costs (including, but not limited to, salaries, subsistence, hiring of vehicles, machinery or equipment, feeding and veterinary fees) the reason for the costs and that he or she may make representations in relation to the proposal not later than 14 days from the date of the notice,

• (b) consider any representations duly made, and

• (c) make a decision and inform by notice the person concerned, stating the decision and the reasons for the decision.

45. Search warrant.

45.—(1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for believing that—

• (a) evidence of or relating to the commission or intended commission of an offence under this Act relating to an animal, animal product or animal feed is to be found on land or premises,

• (b) there is or was an animal, animal product, animal feed, machinery, equipment or other thing made, used or adapted for use (including manufacture and transport) in connection with an animal, animal product or animal feed on land or premises,

• (c) a record related to a thing to which paragraph (a) or (b) refers is or may be on the land or premises,

then the judge may issue a search warrant.

• (2) A search warrant under this section 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 the land or premises named in the warrant and to exercise all or any of the functions conferred on an authorised officer under this Act.

46. Obstruction and false statements.

46.—(1) A person who—

• (a) obstructs, interferes with or impedes an authorised officer, or any person who accompanies an authorised officer, in the course of exercising a function conferred on the officer under this Act,

• (b) fails or refuses, without reasonable cause, to comply with a requirement or prohibition of an authorised officer under section 38,

• (c) fails, without reasonable cause, to give assistance or requested information to an authorised officer in accordance with section 41(1) or (3) or to comply with a requirement of an authorised officer under section 41(2), or

• (d) in—

• (i) making an application for registration, a licence, a permit, an approval, an authorisation, a certificate or other thing required by animal health and welfare regulations, or

• (ii) purporting to give information to an authorised officer for the exercise of the officer’s functions under section 38 or 41—

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

• (II) intentionally fails to disclose a material particular,

commits an offence.

• (2) A statement or admission made by a person pursuant to a requirement under section 41(1) is not admissible as evidence in proceedings brought against that person for an offence (other than an offence under this section for failing to give information or giving false information) under this Act.

PART 9 Local Authorities

47. Functions of local authorities.

47.— A local authority shall, within its functional area (within the meaning of the Local Government Act 2001) enforce this Act insofar as it is to be enforced by a local authority.

48. Default of local authority.

48.—(1) Where a local authority fails to perform a function of a local authority under this Act, the Minister may direct the manager of that local authority to perform the function which the local authority has failed to perform.

• (2) The F21[chief executive] of a local authority shall comply with a direction under subsection (1).

• (3) All expenses incurred in relation to the performance of a function to which subsection (1) refers shall, unless a direction under that subsection provides otherwise, be paid out of moneys at the disposal of the local authority.

PART 10 Proceedings and Sanctions

49. Fixed payment notice.

49.—(1) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under [F22section 18, 51(4), 36(4)(a) or 36A(a)], an offence referred to in section 52(1) or an offence under section 64(4), he or she shall report this to, as the case may be, another officer of the Minister authorised by the Minister or another officer of the local authority concerned, authorised by the F23[chief executive] of that local authority, in that behalf.

• (2) An officer who receives a report under subsection (1), if he or she considers it appropriate, may serve on the person a notice in writing (“fixed payment notice”) stating that—

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

• (b) the person may during the period of 28 days beginning on the date of the notice make to the Minister or a local authority, at the address specified in the notice, a payment of €250 (or such other amount, being an amount not exceeding €1,000, as stands specified by order made, from time to time, by the Minister and different amounts may be specified in respect of different offences) accompanied by the notice,

• (c) the person is not obliged to make the payment, and

• (d) 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.

• (3) Where a fixed payment notice is served under subsection (1)—

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

• (b) the Minister or the relevant local authority 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.

• (4) In proceedings for an offence under this Act, the onus of proving that a payment in accordance with a fixed payment notice has been made lies on the person on whom the fixed payment notice was served.

• (5) In proceedings for an offence referred to in subsection (1) it is a defence for the accused to show that he or she has made a payment in accordance with this section pursuant to a fixed payment notice issued in respect of that offence.

• (6) In this section “relevant local authority” means, in relation to the commission of the alleged offence, the local authority in whose functional area the offence is alleged to have been committed.

50. Evidence of laboratory analysis on certificate, etc.

50.—(1) In proceedings for an offence under this Act, a certificate purporting to be signed by a person employed at a laboratory where a sample taken under section 38(4)(iv) was analysed stating the capacity in which the person is employed and stating that—

• (a) the person received the sample,

• (b) for the period specified in the certificate, the person had the sample in his or her possession, and

• (c) the person—

• (i) gave the sample to another person named in the certificate, or

• (ii) carried out a procedure for the purpose of detecting in the sample evidence of disease or a disease agent, a substance or contamination, or that the sample contained evidence of disease, a disease agent, a substance, or was contaminated in a manner, as is specified in the certificate,

is (without proof of the signature of the person or that he or she is or was employed at the laboratory), unless the contrary is shown, evidence of the matters stated in the certificate.

• (2) In proceedings for an offence under this Act the court may, if it considers that it is in the interests of justice, direct that oral evidence of the matters stated in a certificate referred to in subsection (1) be given and the court may for the purpose of receiving oral evidence adjourn the proceedings.

• (3) In proceedings under this Act, evidence of an act adopted by an institution of the European Union may be given by production of a copy of the act certified by an officer of the Minister to be a true copy. It is not necessary to prove, unless the contrary is shown, the signature of the officer or that he or she is or was an officer of the Minister.

• (4) Subsection (3) is in addition to and not in substitution for the European Communities (Judicial Notice and Documentary Evidence) Regulations 1972 (S.I. No. 341 of 1972).

• (5) In proceedings under this Act, evidence of information contained in a record may be given by producing a copy in legible form of that record, whether that record is maintained in legible or non-legible form and the copy is, until the contrary is shown, sufficient evidence of the information contained in the record.

51. Service of notice, etc.

51.—(1) A notice (except a fixed payment notice) or requirement under this Act or issued under animal health and welfare regulations (if in writing) shall, subject to subsection (2), be addressed to the person concerned by name and may be served on or given to the person—

• (a) by giving a copy to the person, his or her employee, servant or agent, or in the case of a partnership, by delivery of a copy to any of the partners,

• (b) by leaving a copy at the address at which the person ordinarily resides, where he or she carries on business, or, where an address for service of notices, directions or requirements has been furnished by the person to the Minister, at that address,

• (c) by sending a copy by post in a prepaid registered envelope to the address at which the person ordinarily resides or carries on business and, in the case of a body corporate or unincorporated body at the registered office of the body or, where an address for service has been furnished by the person to the Minister, at that address,

• (d) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the notice, direction or requirement relates to land or premises, by delivering a copy to the land or premises or by affixing a copy in a conspicuous position on or near the land or premises, or

• (e) by sending a copy by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the person ordinarily resides or carries on business or, if an electronic address or facsimile number address for the service of a notice, direction or requirement has been furnished by the person to the Minister, that electronic address or facsimile machine, but only if—

• (i) the recipient’s facility for the reception of electronic mail generates a message confirming the successful receipt of the electronic mail, or

• (ii) the sender’s facsimile machine generates a message confirming the successful transmission of the total number of pages of the direction, requirement or notice.

• (2) Where a requirement under section 41(2) (if in writing) or an animal health and welfare notice is to be served on or given to a person who is the owner, occupier or person in charge of land or premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words “the owner” or “the occupier”.

• (3) A person shall not, at any time within 6 months after a copy is affixed under subsection (1)(d), remove, damage or deface the copy without lawful authority.

• (4) A person who contravenes subsection (3) commits an offence and is liable on summary conviction to a class B fine.

• (5) For the purposes of this section, F24[a company formed and registered under the Companies Act 2014 or an existing company with the meaning of that Act] is considered to be ordinarily resident at its registered office and every other body corporate or unincorporated body is considered to be ordinarily resident at its principal office or place of business.

52. Penalties.

52.—(1) A person who commits an offence under section 8(3), 12(6), 20(4), 22(2), 24(7), 27(4), 29(4) or 42(11) is liable, on summary conviction, to a class A fine.

• (2) A person who commits an offence under section 10(6), 11(2), 12(2), 13(5), 14(4), 15(10), 16(3), 17(2), 19(6), 21(2), 23(7), 42(9), 43(7), 46, 58(8) or 72(4)—

• (a) is liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or to both, or

• (b) is liable, on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years, or to both.

• F25[(2A) A person who commits an offence under section 71B(2) is liable, on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years, or to both.]

• (3) A fine imposed on conviction for an offence under this Act shall be paid to the prosecutor, other than a member of the Garda Síochána, and, subject to section 6, disposed of in a manner that the prosecutor determines.

53. Costs of prosecution.

53.— Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the prosecutor the costs and expenses, measured by the court, incurred by the prosecutor or other person in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples and the carrying out of tests, examinations and analyses.

54. Offence — body corporate.

54.—(1) Where an offence under this Act 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 purporting 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 were guilty of the first-mentioned offence.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

55. Summary proceedings.

55.—(1) An offence under this Act F26[…] may be prosecuted summarily by—

• (a) the Minister, other than in respect of an offence under section 18 or section 22,

• (b) the local authority in whose functional area the offence is alleged to have been committed, or

• (c) a member of the Garda Síochána, in accordance with F27[section 10 of the Policing, Security and Community Safety Act 2024].

• (2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted within 12 months of the commission of the offence.

56. Presumption of ownership in relation to animals.

56.— In proceedings for an offence under this Act an animal, animal product, animal feed or other thing is presumed, unless the contrary is shown, to be owned by the occupier or person in charge of the land or premises on which it was found.

57. Forfeiture — equipment, animal product, etc.

57.—(1) Where an authorised officer has reasonable grounds for believing that an offence under this Act has been or is being committed, any animal product or animal feed or any vehicle, vessel, aircraft, equipment or machinery used in connection with an animal, animal product or animal feed, which has come into the possession of the officer in respect of the offence, and on the application before the appropriate court of—

• (a) the Minister,

• (b) the local authority in whose functional area the offence is alleged to have been or is being committed, or

• (c) where criminal proceedings for an offence under this Act have been instituted, the person who instituted the proceedings,

the court may, at its discretion if it is satisfied that an offence has been committed (whether or not any person has been convicted of the offence) order the forfeiture to the Minister of the animal product, animal feed, vessel, vehicle, aircraft, equipment or machinery, as the case may be.

• (2) Where, in relation to an application under this section to the District Court, that court becomes of the opinion during the hearing of the application that—

• (a) the estimated value of the animal product, animal feed, vessel, vehicle, aircraft, equipment or machinery to be forfeited will exceed €10,000, or

• (b) for any reason it should decline jurisdiction,

it may transfer the application to the Circuit Court or the High Court, whichever it considers appropriate having regard to the estimated value of the animal product, animal feed, equipment or machinery subject to the application or to such other matters that it considers appropriate.

• (3) Where, in relation to an application under this section to the Circuit Court, that court becomes of opinion during the hearing of the application that—

• (a) the estimated value of the animal product, animal feed, vessel, vehicle, aircraft, equipment or machinery to be forfeited will exceed €50,000, or

• (b) for any reason it should decline jurisdiction,

it may transfer the application to the High Court.

• (4) An application under this section shall be brought in a summary manner.

• (5) A court shall not make an order under this section unless the court is satisfied that in the circumstances all practicable measures have been taken to notify any person of the proceedings relating to the application for the order and who, in the opinion of the court, should be given the opportunity of being heard by it on that application.

• (6) A court may make an order under this section as to the costs of the parties to, or heard by the court in, proceedings relating to an application for an order under this section as it considers appropriate.

• (7) Anything ordered to be forfeited under subsection (1) shall be disposed of as the Minister, local authority or other person concerned considers appropriate.

• (8) In this section—

“appropriate court” means the High Court and, in relation to a forfeiture or proposed forfeiture—

• (a) where the estimated value of animal product, animal feed, vessel, vehicle, aircraft, equipment or machinery to be forfeited does not exceed €10,000, the District Court, in the District Court District, or

• (b) where the estimated value of animal product, animal feed, vessel, vehicle, aircraft, equipment or machinery to be forfeited does not exceed €50,000, the Circuit Court, in the Circuit Court area,

in which the offence is alleged to have been committed;

“estimated value”, in relation to a thing sought to be forfeited, means the estimated amount of money which, in the opinion of the court, a willing purchaser would pay to a willing seller if the thing could be sold legally less deductions for—

• (a) the estimated costs incidental to the sale, and

• (b) the estimated amount of any tax or duty owing to the State in respect of that thing,

and when it cannot be sold legally then the value, if any, that the court considers appropriate.

58. Disqualification.

58.—(1) On conviction for an offence under this Act, except in respect of an offence under section 18(5), 36(4)(a), 51(4) or 64(4) or referred to in section 52(1) which is a first offence under any of those provisions committed within the previous 3 years, the court may order that the person convicted of the offence may, in addition to the penalty imposed, by order of the court (“disqualification order”)—

• (a) be disqualified from owning, having any interest in, keeping, dealing in or having charge or control, directly or indirectly, of an animal, animal product or animal feed or a class or classes of animal, animal product or animal feed, and

• (b) be disqualified from working with animals or having charge or control of the slaughter, manufacture, importation, preparation, handling, storage, transport, exportation, distribution, sale or supply of an animal, animal product or animal feed or of any class or classes of animal, animal product or animal feed,

for a period, including, where appropriate, for the life of the person, as the court considers appropriate.

• (2) If any time after the expiration of 3 months from the date of a disqualification order or such further period as the court may determine, the person in respect of whom the order is made may apply to the court on notice for an order to vary or discharge the original order and the court may vary or discharge the order if satisfied that there is good reason to do so.

• (3) If an application under subsection (2) is refused, a further application shall not be made within 3 months of the date of that refusal.

• (4) A disqualification order may contain such ancillary, supplementary and incidental measures as the judge making the order considers necessary for the order to have full effect.

• (5) A person shall not own, or purport to own, have any interest in, keep, deal in or have control, directly or indirectly, of an animal, animal product or animal feed or a class or classes of animal, animal product or animal feed with the purpose of evading a disqualification order.

• (6) Where the prosecutor has reasonable grounds to believe that—

• (a) a person to whom a disqualification order relates, or

• (b) another person,

is evading, or attempting to evade a disqualification order, or is conspiring in such evasion, he or she may, on notice, apply to the court for such directions as it may consider appropriate to give for the purpose of preventing such evasion.

• (7) Where a person is subject to a disqualification order, an approval, authorisation, licence, permit or registration held by the person to whom the order relates under any other enactment or act adopted by an institution of the European Union relating to an animal, animal product or animal feed or class or classes of animal, animal product or animal feed to which the order relates, is suspended for the period the order is in force.

• (8) A person who breaches a disqualification order or contravenes subsection (5) commits an offence.

• (9) A disqualification order takes effect, except by leave of the court, upon its making.

59. Seizure of animals in connection with disqualification.

59.—(1) Where—

• (a) a court makes a disqualification order, and

• (b) it appears to the court that the person to whom the order applies owns or has possession or control of an animal contrary to the order,

it may order that all animals that the person owns or has possession or control of contrary to the disqualification order be delivered up or seized and detained in accordance with the order.

• (2) Where a person is convicted of an offence under section 58(8) because of owning or keeping an animal in breach of a disqualification order, the court by or before which that person is convicted may order that any or all animals that that person owns or keeps in breach of the order be delivered up or seized and detained, sold, disposed of or destroyed in accordance with the order.

• (3) The profits arising from any sale, disposal or destruction under subsection (2) shall be paid to the prosecutor.

• (4) A court shall not make an order under this section unless the court is satisfied that in the circumstances all practicable measures have been taken to notify any person of the proceedings relating to the application for the order and who, in the opinion of the court, should be given the opportunity of being heard by it on that application.

• (5) Where the court makes an order under this section, it may order the person disqualified to reimburse the expenses incurred in carrying out the order.

• (6) An order under this section takes effect, except by leave of the court, on its making.

60. Forfeiture of animal.

60.—(1) On conviction for an offence under [F28section 36(4)(b)] or referred to in section 52(2) the court may on application to it order the forfeiture to the prosecutor of any animal to which the offence relates and which is owned by the person convicted or, where the court is satisfied that the owner is unknown or cannot be found, where it considers it appropriate having regard to the welfare and interests of the animal and the fitness of the person convicted to own or have possession or control of an animal.

• (2) Whenever an order is made under this section, an authorised officer, may for the purpose of giving it effect—

• (a) seize and detain the animal, and

• (b) do such other things as are authorised by the order or are necessary for the purpose aforesaid.

• (3) A prosecutor referred to in subsection (1) may deal with, sell or dispose of (including its destruction) any animal so forfeited as he or she sees fit.

• (4) A court shall not make an order under this section unless the court is satisfied that in the circumstances all practicable measures have been taken to notify any person affected of the proceedings relating to the application for the order and who, in the opinion of the court, should be given the opportunity of being heard by it on that application.

• (5) Where the court makes an order under this section, it may order the person convicted to reimburse the expenses incurred in carrying out the order.

• (6) An order under this section takes effect, except by leave of the court, upon its making.

61. Person incapable of taking care of animals.

61.—(1) A judge of the District Court, after hearing an application under this section by—

• (a) the Minister,

• (b) a local authority,

• (c) the Health Service Executive,

• (d) a member of the Garda Síochána, or

• (e) a parent, relative, spouse (all within the meaning of the Mental Health Act 2001) or civil partner (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) (other than a spouse or civil partner who is living separately and apart from the person or in respect of whom F29[an order has been made under the Domestic Violence Act 2018 or an order has been made which is treated, in accordance with section 41 of that Act, as if it had been made under that Act]) of a person,

or, in proceedings under this Act, on his or her own motion if he or she is satisfied F30[that a person is not taking adequate care of an animal, is unfit to keep the animal or that the owner of the animal is unknown or cannot be found, or] that a person, because of, physical or mental infirmity, addiction to drugs or intoxicants, or a personality disorder is incapable of taking care of an animal or an animal of a particular class or description or is incapable of carrying out a duty under this Act, may order—

• (i) that an animal in the possession of the person or of which the person has control be sold or otherwise disposed of,

• (ii) that the number of animals generally or of a particular class or description in the person’s possession or under his or her control be reduced to a number (which may be zero) specified in the order,

• (iii) that the person refrain from purchasing or having in his or her possession or under his or her control animals generally or animals of a particular class or description,

• (iv) that the person refrain from a particular activity in relation to animals,

• (v) that food and liquid specified in the order be made available to animals in the possession of the person or of which the person has control,

• (vi) that care specified in the order, including veterinary treatment, be made available to animals in the possession of the person or of which the person has control,

• (vii) that biosecurity measures specified in the order be put in place in respect of—

• (I) land or premises specified in the order, or

• (II) animals in the possession of the person or of which the person has control,

• (viii) that another person nominated by the judge manage the land or premises owned or occupied by the person and animals located there, or

• (ix) any other measure that the judge considers appropriate having regard to the need to protect the health and welfare of the animal, to avoid injury or unnecessary suffering to the animal or to prevent the risk of, or spread of, disease or of a disease agent.

• (2) An application under this section may be heard otherwise than in public.

• (3) An order under subsection (1) may contain such ancillary, supplementary and incidental measures as the judge making the order considers necessary for the order to have full effect.

• (4) The costs of complying with an order under subsection (1) shall, unless the court is satisfied that there are special or substantial reasons for not so doing, be paid to the Minister by the person who has possession or control of an animal to which the application relates and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deducting the sum from any monies due, or becoming due, and payable by the Minster to the person.

62. Proof and authentication of certain documents.

62.—(1) Without prejudice to the Criminal Evidence Act 1992, a copy of a record which has endorsed on it a certificate purporting to be signed by a person (authorised by the Minister in that behalf) stating that the copy is a true copy of the record may, without proof of signature (including an electronic signature) of that person, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the record.

• (2) A copy of an animal health and welfare notice, a fixed payment notice, a direction or requirement in writing of an authorised officer or a licence, permit, approval or authorisation under animal health and welfare regulations shall be authenticated by the signature of the person issuing it. An electronic signature (within the meaning of section 2 of the Electronic Commerce Act 2000) may be used for such authentication.

PART 11 Animal Tracing Systems

63. Animal tracing systems.

63.—(1) The Minister may establish and continue animal tracing systems (including a database) in which shall be entered data mentioned in subsection (2) in relation to protected animals.

• (2) For the purposes of subsection (1), the Minister may by regulations provide for—

• (a) the collection of data by such means, including electronically, as the Minister considers appropriate, on—

• (i) land and premises where protected animals are kept,

• (ii) births, movements and deaths of protected animals,

• (iii) persons who move protected animals whether on their own behalf or on behalf of other persons,

• (b) the persons or classes of persons required to submit or keep data,

• (c) the type or breed of protected animal to which the collection of data applies,

• (d) the period within which data is to be submitted and to whom,

• (e) the form and content of data to be kept,

• (f) the use of a database in connection with tracing and, in particular, the export, movement, sale or supply of a protected animal, or slaughter for human consumption of a farm animal, and

• (g) provision for access to such databases, systems and data.

• (3) In proceedings for an offence for a contravention of or failure to comply with regulations made under subsection (2) a certificate purporting to be signed by a person employed in connection with an animal tracing scheme stating the capacity in which the person is employed and stating that on a particular day or days, or during a particular period—

• (a) data required to be submitted—

• (i) was received and the information contained in that data, or

• (ii) by a named person was not received,

and

• (b) data specified in the certificate is a legible copy of the data stored in the system,

is, until the contrary is shown, sufficient evidence of the facts stated in the certificate.

• (4) The Minister may for the purposes of animal tracing systems in regulations provide for the regulation, either generally or in specified circumstances, of the export, movement, sale or supply of protected animals or slaughter for human consumption of farm animals, to which the regulations apply.

• (5) A person who contravenes or fails to comply with a provision of regulations made under this section which is stated in the regulations to be a penal provision—

• (a) to which this paragraph applies, commits an offence and is liable, on summary conviction, to a class A fine, or

• (b) to which this paragraph applies, commits an offence and is liable—

• (i) on summary conviction, to a class A fine or to a term of imprisonment not exceeding 6 months, or to both, or

• (ii) on conviction on indictment, to a fine not exceeding €250,000, or to imprisonment for a term not exceeding 5 years, or to both.