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

“Functions of authorised officer

1. (1) For the purposes of these Regulations or the Newcastle disease 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, racing pigeons or other birds kept in captivity, a carcass or the product or by-product of poultry, is, may be or has been present,

   • (ii) a record relating to poultry, racing pigeons or other birds kept in captivity, a carcass or the product or by-product of poultry is, may be or has been present, or

   • (iii) equipment, machinery or other thing used in connection with poultry, racing pigeons or other birds kept in captivity, a carcass or the product or by-product of poultry is, may be or has been present,

3. (b) examine poultry, racing pigeons or other birds kept in captivity, a carcass or the product or by-product of poultry, equipment, machinery or other thing,

4. (c) require the name and address of the person in possession or control of poultry, racing pigeons or other birds kept in captivity, a carcass or the product or by-product of poultry, 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, racing pigeons or other birds kept in captivity, a carcass or the product or by-product of poultry 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, racing pigeons or other birds kept in captivity, a carcass or the product or by-product of poultry 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 bird, 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 or bird in a public place to permit the animal or bird 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, racing pigeons or other birds kept in captivity, a carcass or the product or by-product of poultry, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to poultry, racing pigeons or other birds kept in captivity, a carcass or the product or by-product of poultry 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, racing pigeons or other birds kept in captivity, a carcass or the product or by-product of poultry, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to poultry, racing pigeons or other birds kept in captivity, a carcass or the product or by-product of poultry, 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, racing pigeons or other birds kept in captivity, a carcass or the product or by-product of poultry 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 23 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 23, 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.

18. (10) an authorised officer may give a direction to a person regarding poultry, racing pigeons or other birds kept in captivity, a carcass, the product or by-product of poultry, vessel, vehicle, container, machinery, equipment, premises or other thing as he or she considers necessary, and such direction may include conditions—

    • (a) prohibiting, restricting or otherwise controlling the use, processing or movement of poultry, racing pigeons or other birds kept in captivity, carcass, the product or by-product of poultry, animal feed, vessel, vehicle, container, equipment, machinery or other thing as may be specified by the authorised officer,

    • (b) requiring that the person to whom the direction is addressed to take the bio-security measures (including measures requiring the treatment of poultry, racing pigeons or other birds kept in captivity, or place with an approved disinfectant) specified by the authorised officer, or

    • (c) requiring the owner or person in charge of a premises or holding to retain an animal, or introduce and retain an animal on the premises as a sentinel animal.”.

36.

“Functions of authorised officer

1. (1) For the purposes of these Regulations or the Commission 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) an animal product, traveller’s luggage or other thing to which the Commission Regulation relate, is, may be or has been present,

   • (ii) a record relating to an animal product, traveller’s luggage or other thing to which the Commission Regulation relate is, may be or has been present, or

   • (iii) equipment, machinery or other thing used in connection with an animal product, traveller’s luggage or other thing to which the Commission Regulation relate is, may be or has been present,

3. (b) examine an animal product, traveller’s luggage or other thing to which the Commission Regulation relate, equipment, machinery or other thing,

4. (c) require the name and address of the person in possession or control of an animal product, traveller’s luggage or other thing to which the Commission Regulation relate, 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 product, traveller’s luggage or other thing to which the Commission Regulation relate 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 product, traveller’s luggage or other thing to which the Commission Regulation relate 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 product, traveller’s luggage or other thing to which the Commission Regulation relate, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to an animal product, traveller’s luggage or other thing to which the Commission Regulation relate 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 product, traveller’s luggage or other thing to which the Commission Regulation relate, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to an animal product, traveller’s luggage or other thing to which the Commission Regulation relate, 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 product, traveller’s luggage or other thing to which the Commission Regulation relate 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 6 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 6, 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.

18. (10) Where an authorised officer seizes and detains an animal product, the officer may destroy or dispose of the animal product or cause it to be destroyed or disposed of.”.

37.

“Functions of authorised officer

1. (1) For the purposes of these Regulations or the Classical swine fever 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, 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,

3. (b) examine an animal, animal 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, animal 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, animal 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, 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,

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, animal product or animal feed, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to an animal, animal 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, animal product or animal feed, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to an animal, animal 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, 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 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 25 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 25, 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.”.

38.

• (a) for Regulation 21 the following:

“Arbitration

1. (1) If the owner of a pig or pig product, or the Minister is dissatisfied with the determination of a valuer under Regulation 20(7), he or she may, no later than 14 days after the date of the valuer’s report, request that the matter be settled by arbitration.

2. (2) An arbitrator shall be chosen by the person seeking compensation from a list of at least 3 persons furnished to him or her by the Minister.

3. (3) The Arbitration Act 2010 (No. 1 of 2010) applies to arbitration under this Regulation.

4. (4) The determination of an arbitrator is binding on both parties save that, on a point of law, either party may appeal to the High Court.”, and

• (b) for Regulation 23 the following:

“Functions of authorised officer

1. (1) For the purposes of these Regulations or the African swine fever 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, 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,

3. (b) examine an animal, animal 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, animal 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, animal 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, 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,

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, animal product or animal feed, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to an animal, animal 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, animal product or animal feed, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to an animal, animal 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, 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 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 25 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 25, 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.”.

39.

“Abatement of compensation

1. The Minister may reduce or refuse to pay an amount of compensation established under these Regulations, if in his or her opinion-

a. the applicant failed to take reasonable measures to alleviate the risk, or spread, of swine vesicular disease,

b. the applicant failed to take appropriate bio-security measures including measures (if any) prescribed in an Order or specified in a notice under the Animal Health and Welfare Act 2013 (No. 15 of 2013),

c. the applicant is not the owner of the pig to which the application relates,

d. the applicant has obstructed or impeded, or failed to give assistance to, an authorised officer, valuer or arbitrator,

e. the applicant is not the owner of pigs or pig products to which the application relates,

f. the applicant in making an application for compensation, fails to give information required or gives information that is false or misleading in a particular respect,

g. the applicant has contravened the Animal Health and Welfare Act 2013 , these Regulations or regulations made under the European Communities Act 1972 relating to an animal, animal product or animal feed, or

h. the pigs or pig products to which an application relates have been imported, sold, supplied, moved or otherwise dealt with in contravention of these Regulations or regulations made under the European Communities Act 1972 .

Functions of authorised officer

1. (1) For the purposes of these 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) 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,

3. (b) examine an animal, animal 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, animal 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, animal 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, 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,

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, animal product or animal feed, ownership of a vehicle, vessel, aircraft, container, equipment, machinery or other thing relating to an animal, animal 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, animal product or animal feed, land, water, flora, vehicle, vessel, aircraft, railway wagon, container, equipment, machinery or other thing relating to an animal, animal 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, 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 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 24 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 24, 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.”.

40.

41.

• (a) the European Union (Animal Health) (Adaptation) Regulations 2014, and

• (b) the European Union (Animal Health) (Adaptation) (Amendment) Regulations 2014 ( S.I. No. 168 of 2014 ).

Schedule

Regulation 40

Regulation 2(1) of the European Communities (Trade in Porcine Semen- Animal Health) Regulations 1993 ( S.I. No. 242 of 1993 );

Regulation 2(1) of the European Communities (Pure-Bred Sheep and Goat Flock-Book) Regulations 1994 ( S.I. No.16 of 1994 );

Regulation 2(1) of the European Communities (Registration of Pedigree Animals) Regulations 1994 ( S.I. No.150 of 1994 );

Regulation 2(1) of the European Communities (Breeding Pig Herd-Book and Register) Regulations 1994 ( S.I. No. 151 of 1994 );

Regulation 3(1) of the European Communities (Trade in Animals and Animal Products) Regulations 1994 ( S.I. No. 289 of 1994 );

Regulation 3(1) of the European Communities (Trade in Certain Animal Products) Regulations 1996 ( S.I. No. 102 of 1996 );

Regulation 3(1) of the European Communities (Trade in Bovine Animals & Swine) Regulations 1997 ( S.I. No. 270 of 1997 );

Regulation 2(1) of the European Communities (Veterinary Checks on Fish and Fishery Products Imported from Third Countries) Regulations 2003 ( S.I. No. 548 of 2003 );

Regulation 2(1) of the European Communities (Monitoring of Zoonoses) Regulations 2004 ( S.I. No. 154 of 2004 );

Regulation 3(1) of the European Communities (Trade in the Production, Processing, Distribution and Introduction of Products of Animal Origin for Human Consumption) Regulations 2004 ( S.I. No. 820 of 2004 );

Regulation 2(1) of the European Communities (Introduction of Products of Animal Origin from Third Countries for Human Consumption) Regulations 2004 ( S.I. No. 893 of 2004 );

Regulation 2(1) of the European Communities (Goat Identification Regulations 2005 ( S.I. No. 792 of 2005 );

Regulation 2(1) of the European Communities (Animal Transport and Control Post) Regulations 2006 ( S.I. No. 675 of 2006 );

Regulation 2(1) of the European Communities (Control of Salmonella in Breeding Flocks of Domestic Fowl) Regulations 2006 ( S.I. No. 706 of 2006 );

Regulation 2(1) of the European Communities (Avian Influenza) Control on Movement of Pet Birds) Regulations 2007 ( S.I. No 96 of 2007 );

Regulation 2(1) of the European Communities (Approval & Registration of Dealers of Bovine Animals & Swine) Regulations 2007 ( S.I. No. 151 of 2007 );

Regulation 2(1) of the European Communities (Circuses) Regulations 2007 ( S.I. No. 257 of 2007 );

Regulation 2(1) of the European Communities (Avian Influenza) (Control on Imports) Regulations 2008 ( S.I. No. 17 of 2008 );

Regulation 2(1) of the European Communities (Approval and Registration of Dealers of Ovine Animals) Regulations 2008 ( S.I. No. 100 of 2008 );

Regulation 2(1) of the European Communities (Bluetongue) Regulations 2008 Arrangement of Regulations ( S.I. No. 133 of 2008 );

Regulation 2(1) of the European Communities (Control of Salmonella in Laying Flocks of Domestic Fowl) Regulations 2008 ( S.I. No. 247 of 2008 );

Regulation 2(1) of the European Communities (Cat and Dog Fur) (Restriction on Trade) Regulations 2008 ( S.I. No. 513 of 2008 );

Regulation 2(1) of the European Communities (Bovine Breeding) Regulations 2009 ( S.I. No. 19 of 2009 );

Regulation 2(1) of the European Communities (Control of Salmonella in Broilers) Regulations 2009 ( S.I. No. 64 of 2009 );

Regulation 2(1) of the European Communities (Identification of Bovines) Regulations) 2009 ( S.I. No. 77 of 2009 );

Regulation 2(1) of the European Communities (Food and Feed Hygiene) Regulations 2009 ( S.I. No. 432 of 2009 );

Regulation 2(1) of the European Communities (Control of salmonella in turkeys) Regulations 2010 ( S.I. No. 99 of 2010 );

Regulation 2(1) of the European Communities (Welfare of farmed animals) Regulations 2010 ( S.I. No. 311 of 2010 );

Regulation 2(1) of the European Communities (Poultry & Hatching Eggs) Regulations 2010 ( S.I. No. 564 of 2010 );

Regulation 2(1) of the European Communities (Sheep Identification) Regulations 2011 ( S.I. No. 309 of 2011 );

Regulation 2(1) of the European Communities (Equine) Regulations 2011 ( S.I. No. 357 of 2011 );

Regulation 2(1) of the European Communities (Control of Foot and mouth Disease) Regulations 2012 ( S.I. No. 51 of 2012 );

Regulation 2(1) of the European Communities (Newcastle Disease) Regulations 2012 ( S.I. No. 57 of 2012 );

Regulation 2(1) of the European Communities (Import of Personal Consignments of Products of Animal Origin) Regulations 2012 ( S.I. No. 374 of 2012 );

Regulation 2(1) of the European Communities (Classical swine fever) Regulations 2012 ( S.I. No. 516 of 2012 );

Regulation 2(1) of the European Communities (African Swine Fever) Regulations 2013 ( S.I. No. 4 of 2013 );

Regulation 2(1) of the European Communities (Swine Vesicular Disease) Regulations 2013 ( S.I. No. 73 of 2013 ).

GIVEN under my Official Seal,

2 July, 2019.

MICHAEL CREED,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

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

These Regulations replace the authorised officer functions and other miscellaneous provisions in 38 Regulations made under the European Communities Act 1972 . The original provisions were unsuccessfully replaced by the European Union (Animal Health) (Adaptation) Regulations 2014 ( S.I. No. 112 of 2014 ) and the replacement functions contained in these Regulations update and closely replicate the authorised officer functions in the Animal Health and Welfare Act 2013 (No. 15 of 2013).

Footnotes