S.I. No. 337/2019 - European Union (Animal Health) (Adaptation And Miscellaneous Amendments) Regulations 2019

Type Statutory Instrument
Publication 2019-07-12
Last updated 2024-06-25
State Partially repealed superseded text
Text As published
articles 41

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

4 amending acts · 2024-06-25, S.I. No. 306/2024 - European Union (Animal Identification and Tracing) (Poultry Hatchery)…

Reform history JSON API

“Functions of authorised officers

  1. (1) For the purposes of these Regulations, or a Regulation, Directive or Decision cited in these Regulations, an authorised officer may—

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

    • (i) a breeding animal, semen, ovum, embryo, label, package or other thing associated with an animal, semen, ovum or embryo is, may be or has been present,

    • (ii) a record relating to a breeding animal, semen, ovum, embryo, label, package or other thing associated with an animal, semen, ovum or embryo is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with a breeding animal, semen, ovum, embryo, label, package or other thing associated with an animal, semen, ovum or embryo is, may be or has been present,

  3. (b) examine a breeding animal, semen, ovum, embryo, label, package or other thing associated with an animal, semen, ovum or embryo, equipment, machinery or other thing,

  4. (c) require the name and address of the person in possession or control of a breeding animal, semen, ovum, embryo, label, package or other thing associated with an animal, semen, ovum or embryo, equipment, machinery or other thing,

  5. (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with a breeding animal, semen, ovum, embryo, label, package or other thing associated with an animal, semen, ovum or embryo and require a person in charge or control of such to refrain from moving it,

  6. (e) require the owner, occupier or person in charge of land or premises or a breeding animal, semen, ovum, embryo, label, package or other thing associated with an animal, semen, ovum or embryo 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,

  7. (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,

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

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

  10. (2) For the purposes of his or her functions under these Regulations, 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.

  11. (3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of a breeding animal, semen, ovum, embryo, label, package or other thing associated with an animal, semen, ovum or embryo, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to a breeding animal, semen, ovum, embryo, label, package or other thing associated with an animal, semen, ovum or embryo as is in the person’s knowledge or procurement.

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

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

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

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (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 paragraph (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 a breeding animal, semen, ovum, embryo, label, package or other thing associated with an animal, semen, ovum or embryo, other animal, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to a breeding animal, semen, ovum, embryo, label, package or other thing associated with an animal, semen, ovum or embryo, 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 a breeding animal, semen, ovum, embryo, label, package or other thing associated with an animal, semen, ovum or embryo 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 Regulation 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 these Regulations.
    
  13. (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 Regulation 13 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 Regulation 13, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

  14. (6) An authorised officer, when exercising a power under these Regulations, 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.

  15. (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

  16. (8) Where, in the course of exercising a power under these Regulations, 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 these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

  17. (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 these Regulations.”.

27.

27.

The European Communities (Control of Salmonella in Broilers) Regulations 2009 ( S.I. No. 64 of 2009 ) are amended-

“Functions of authorised officers

  1. (1) For the purposes of these Regulations or the EC Regulations, an authorised officer may—

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

    • (i) a premises is an approved laboratory or subject to an application for approval, a broiler is, may be or has been present,

    • (ii) a record relating to poultry or eggs is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with poultry or eggs is, may be or has been present,

  3. (b) examine poultry or eggs, equipment, machinery or other thing,

  4. (c) require the name and address of the person in possession or control of poultry or eggs, equipment, machinery or other thing,

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

  6. (e) require the owner, occupier or person in charge of land or premises or poultry or eggs 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,

  7. (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,

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

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

  10. (2) For the purposes of his or her functions under these Regulations, 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.

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

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

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

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

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (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 paragraph (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 poultry or eggs, other animal, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to poultry or eggs, 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 poultry or eggs 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 Regulation 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 these Regulations.
    
  13. (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 Regulation 11 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 Regulation 11, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

  14. (6) An authorised officer, when exercising a power under these Regulations, 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.

  15. (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

  16. (8) Where, in the course of exercising a power under these Regulations, 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 these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

  17. (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 these Regulations.”, and

28.

28.

The European Communities (Identification of Bovines) Regulations 2009 ( S.I. No. 77 of 2009 ) are amended-

“Functions of authorised officer

  1. (1) For the purposes of these Regulations or the Bovine Identification Regulation, an authorised officer may—

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

    • (i) a bovine, ear-tag, passport, cattle identity card or register is, may be or has been present,

    • (ii) a record relating to a bovine, ear-tag, passport, cattle identity card or register is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with a bovine, ear-tag, passport, cattle identity card or register is, may be or has been present,

  3. (b) examine a bovine, ear-tag, passport, cattle identity card, register, equipment, machinery or other thing,

  4. (c) require the name and address of the person in possession or control of a bovine, ear-tag, passport, cattle identity card, register, equipment, machinery or other thing,

  5. (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with a bovine, ear-tag, passport, cattle identity card or register and require a person in charge or control of such to refrain from moving it,

  6. (e) require the owner, occupier or person in charge of land or premises or a bovine, ear-tag, passport, cattle identity card, register 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,

  7. (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,

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

  9. (h) take, without making a payment, samples from a bovine, ear-tag, passport, cattle identity card or register, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to a bovine, 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.

  10. (2) For the purposes of his or her functions under these Regulations, 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.

  11. (3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of a bovine, ear-tag, passport, cattle identity card or register, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to a bovine, ear-tag, passport, cattle identity card or register as is in the person’s knowledge or procurement.

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

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

    • (b) evidence of an offence to which subparagraph (a) 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 paragraph (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) seize and detain a bovine, ear-tag, passport, cattle identity card or register and mark or otherwise identify it;
    
    - (v) 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 Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
    
    - (vi) 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 these Regulations.
    
  13. (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 Regulation 18 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 Regulation 18, any evidence of an offence referred to in paragraph (4)(a) is being or is likely to be disposed of or destroyed.

  14. (6) An authorised officer, when exercising a power under these Regulations, 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.

  15. (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

  16. (8) Where, in the course of exercising a power under these Regulations, 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 these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

  17. (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 these Regulations.

  18. (10) An authorised officer may give a direction to, or request information of, a person regarding a bovine, ear-tag, passport, cattle identity card, herd register, permit, record, container, equipment, machinery, plant, vehicle, vessel or other thing as he or she considers necessary, and such direction or requirement of an authorised officer may include conditions prohibiting, restricting or otherwise controlling the use, processing or movement of a bovine as may be specified by the authorised officer.”, and

29.

29.

The European Communities (Control of salmonella in turkeys) Regulations 2010 ( S.I. No. 99 of 2010 ) are amended by substituting for Regulation 9 the following:

“Functions of authorised officers

  1. (1) For the purposes of these Regulations, the EC Regulations or Regulation 2160/2003, an authorised officer may—

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

    • (i) a premises is an approved laboratory or subject to an application for approval, a turkey is, may be or has been present,

    • (ii) a record relating to poultry or eggs is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with poultry or eggs is, may be or has been present,

  3. (b) examine poultry or eggs, equipment, machinery or other thing,

  4. (c) require the name and address of the person in possession or control of poultry or eggs, equipment, machinery or other thing,

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

  6. (e) require the owner, occupier or person in charge of land or premises or poultry or eggs 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,

  7. (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,

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

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

  10. (2) For the purposes of his or her functions under these Regulations, 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.

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

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

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

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

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (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 paragraph (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 poultry or eggs, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to poultry or eggs, 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 poultry or eggs 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 Regulation 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 these Regulations.
    
  13. (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 Regulation 9A 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 Regulation 9A, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

  14. (6) An authorised officer, when exercising a power under these Regulations, 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.

  15. (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

  16. (8) Where, in the course of exercising a power under these Regulations, 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 these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

  17. (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 these Regulations.

Search Warrant

9A.—(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 these Regulations relating to an animal is to be found on land or premises,

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

- (c) a record related to a thing to which subparagraph (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 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 the land or premises named in the warrant and to exercise all or any of the functions conferred on an authorised officer under these Regulations.”.

30.

30.

The European Communities (Welfare of farmed animals) Regulations 2010 ( S.I. No. 311 of 2010 ) are amended by substituting for Regulation 31 the following:

“Functions of authorised officer

31.

31.

(1) For the purposes of these Regulations, the Chicken welfare Directive, the Calves Directive, the General Welfare Directive, the Laying Hens Directive, the Pigs Directive or the Slaughter Directive, an authorised officer may—

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

31.

The European Communities (Poultry and Hatching Eggs) Regulations 2010 ( S.I. No. 564 of 2010 ) are amended by substituting for Regulation 8 the following:

“Functions of authorised officer

  1. (1) For the purposes of these Regulations, the EC Regulations or the Directive, an authorised officer may—

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

    • (i) poultry or hatching eggs are, may be or has been present,

    • (ii) a record relating to poultry or hatching eggs is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with poultry or hatching eggs is, may be or has been present,

  3. (b) examine poultry or hatching eggs, equipment, machinery or other thing,

  4. (c) require the name and address of the person in possession or control of poultry or hatching eggs, equipment, machinery or other thing,

  5. (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with poultry or hatching eggs and require a person in charge or control of such to refrain from moving it,

  6. (e) require the owner, occupier or person in charge of land or premises or poultry or hatching eggs 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,

  7. (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,

  8. (g) set equipment to capture or restrain poultry, or

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

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

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

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

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

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

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (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 paragraph (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 poultry or hatching eggs, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to poultry or hatching eggs, 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 poultry or hatching eggs 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 Regulation 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 these Regulations.
    
  13. (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 Regulation 8A 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 Regulation 8A, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

  14. (6) An authorised officer, when exercising a power under these Regulations, 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.

  15. (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

  16. (8) Where, in the course of exercising a power under these Regulations, 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 these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

  17. (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 these Regulations.

8A Search warrant

8A.—(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 these Regulations relating to poultry or hatching eggs is to be found on land or premises,

- (*b*) there is or was poultry or hatching eggs, machinery, equipment or other thing made, used or adapted for use (including manufacture and transport) in connection with poultry or hatching eggs on land or premises,

- (*c*) a record related to a thing to which subparagraph (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 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 the land or premises named in the warrant and to exercise all or any of the functions conferred on an authorised officer under these Regulations.”.

32.

32.

The European Communities (Sheep Identification) Regulations 2011 ( S.I. No. 309 of 2011 ) are amended by substituting for Regulation 13 the following:

“Functions of authorised officer

  1. (1) For the purposes of these Regulations or the Sheep identification legislation, an authorised officer may—

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

    • (i) a sheep, EID tag, ear-tag, bolus or slaughter tag is, may be or has been present,

    • (ii) a record relating to a sheep, EID tag, ear-tag, bolus or slaughter tag is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with a sheep, EID tag, ear-tag, bolus or slaughter tag is, may be or has been present,

  3. (b) examine a sheep, EID tag, ear-tag, bolus or slaughter tag, equipment, machinery or other thing,

  4. (c) require the name and address of the person in possession or control of a sheep, EID tag, ear-tag, bolus or slaughter tag, equipment, machinery or other thing,

  5. (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with a sheep, EID tag, ear-tag, bolus or slaughter tag and require a person in charge or control of such to refrain from moving it,

  6. (e) require the owner, occupier or person in charge of land or premises or a sheep, EID tag, ear-tag, bolus or slaughter tag 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,

  7. (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,

  8. (g) set equipment to capture or restrain a sheep,

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

  10. (i) take, without making a payment, samples from a sheep, EID tag, ear-tag, bolus or slaughter tag, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to a sheep, EID tag, ear-tag, bolus or slaughter tag, 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.

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

  12. (3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of a sheep, EID tag, ear-tag, bolus or slaughter tag, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to a sheep, EID tag, ear-tag, bolus or slaughter tag as is in the person’s knowledge or procurement.

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

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

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

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (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 paragraph (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) seize and detain a sheep, EID tag, ear-tag, bolus or slaughter tag and mark or otherwise identify it;
    
    - (v) 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 Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;
    
    - (vi) 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 these Regulations.
    
  14. (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 Regulation 14 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 Regulation 14, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

  15. (6) An authorised officer, when exercising a power under these Regulations, 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.

  16. (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

  17. (8) Where, in the course of exercising a power under these Regulations, 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 these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

  18. (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 these Regulations.

  19. (10) An authorised officer may give a direction to, or request information of, a person regarding a sheep, EID tag, ear-tag, bolus or slaughter tag, permit, record, container, equipment, machinery, plant, vehicle, vessel or other thing as he or she considers necessary, and such direction or requirement of an authorised officer may include conditions prohibiting, restricting or otherwise controlling the use, processing or movement of a sheep as may be specified by the authorised officer.”.

33.

33.

The European Communities (Equine) Regulations 2011 ( S.I. No. 357 of 2011 ) are amended by substituting for Regulation 20 the following:

“Functions of authorised officer

  1. (1) For the purposes of these Regulations or the Equine Legislation, an authorised officer may—

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

    • (i) an equine animal, transponder, passport or database, is, may be or has been present,

    • (ii) a record relating to an equine animal, transponder, passport or database is, may be or has been present, or

    • (iii) equipment, machinery or other thing used in connection with an equine animal, transponder, passport or database is, may be or has been present,

  3. (b) examine an equine animal, transponder, passport or database, equipment, machinery or other thing,

  4. (c) require the name and address of the person in possession or control of an equine animal, transponder, passport or database, equipment, machinery or other thing,

  5. (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery or other thing used in connection with an equine animal, transponder, passport or database and require a person in charge or control of such to refrain from moving it,

  6. (e) require the owner, occupier or person in charge of land or premises or an equine animal, transponder, passport or database 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,

  7. (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,

  8. (g) set equipment to capture or restrain an equine animal, or

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

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

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

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

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

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

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (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 paragraph (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 equine animal, transponder, passport or database, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to an equine animal, transponder, passport or database, 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 equine animal, transponder, passport or database 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 Regulation 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 these Regulations.
    
  13. (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 Regulation 21 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 Regulation 21, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

  14. (6) An authorised officer, when exercising a power under these Regulations, 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.

  15. (7) An authorised officer may use reasonable force, if necessary, to enter land or premises to exercise his or her powers under these Regulations.

  16. (8) Where, in the course of exercising a power under these Regulations, 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 these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

  17. (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 these Regulations.”.

34.

34.

The European Communities (Control of Foot and mouth Disease) Regulations 2012 ( S.I. No. 51 of 2012 ) are amended by substituting for Regulation 48 the following:

“Functions of authorised officer

  1. (1) For the purposes of these Regulations or the Foot and mouth Directive, an authorised officer may—

  2. (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, carcass, animal product, animal by-product or animal feed, is, may be or has been present,

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

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

  3. (b) examine an animal, carcass, animal product, animal by-product or animal feed, equipment, machinery or other thing,

  4. (c) require the name and address of the person in possession or control of an animal, carcass, animal product, animal by-product or animal feed, equipment, machinery or other thing,

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

  6. (e) require the owner, occupier or person in charge of land or premises or an animal, carcass, animal product, animal by-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,

  7. (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,

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

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

  10. (2) For the purposes of his or her functions under these Regulations, 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.

  11. (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, carcass, animal product, animal by-product or animal feed, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to an animal, carcass, animal product, animal by-product or animal feed as is in the person’s knowledge or procurement.

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

    • (a) there is a risk of disease (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016),

    • (b) a disease or disease agent (within the meaning of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016) is or may be present on any land or premises,

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

    • (d) evidence of a disease or a disease agent to which subparagraph (a) or (b) relates, or an offence to which subparagraph (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 paragraph (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, carcass, animal product, animal by-product or animal feed, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to an animal, carcass, animal product, animal by-product or animal feed, 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, carcass, animal product, animal by-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 Regulation 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 these Regulations.
    
  13. (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 Regulation 49 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 Regulation 49, any evidence of an offence referred to in paragraph (4)(c) is being or is likely to be disposed of or destroyed.

(6)An authorised officer, when exercising a power under these Regulations, 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 these Regulations.

  • (8) Where, in the course of exercising a power under these Regulations, 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 these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

  • (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 these Regulations.

  • (10) An authorised officer may require the owner or the person in charge of an animal to furnish to the officer the name and address of a person to whom an animal or animal product has been sold or given away and who is for the time being receiving or has, on any day specified by the authorised officer, received an animal or animal product.

  • (11) If an authorised officer has reasonable cause to suspect that a person has had contact with an animal, carcass, animal product, animal by-product, animal feed, food, a vehicle, trailer, equipment or thing infected by foot and mouth disease or contaminated by the foot and mouth disease virus he or she may give a direction to a person to—

    • (a) clean, disinfect or dispose of clothing or footwear,

    • (b) clean and disinfect themselves, or

    • (c) require them to refrain from having any contact with susceptible animals for a specified period of time.”.

35.

35.

The European Communities (Newcastle Disease) Regulations 2012 ( S.I. No. 57 of 2012 ) are amended by substituting for Regulation 21 the following:

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