No. 33/1954:

AGRICULTURAL PRODUCE (MEAT) (MISCELLANEOUS PROVISIONS) ACT, 1954

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Amendment of section 10 (1) of Act of 1930.

3 Amendment of section 43 of Act of 1930.

4 Amendment of Rule 2 of Rules in Schedule to Act of 1930.

5 Amendment of section 34 of Act of 1934.

6 Amendment of section 28 of Act of 1935.

7 Amendment of section 44 of Act of 1939.

8 Certification of liver as suitable for use for pharmaceutical purposes.

9 Revocations.

10 Short title.

SCHEDULE

AN ACT TO MAKE CERTAIN PROVISIONS RELATING TO MEAT.

[9th December, 1954.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

"the Minister" means the Minister for Agriculture;

"the Act of 1930" means the Agricultural Produce (Fresh Meat) Act, 1930 (No. 10 of 1930);

"the Act of 1934" means the Slaughter of Cattle and Sheep Act, 1934 (No. 42 of 1934);

"the Act of 1935" means the Pigs and Bacon Act, 1935 (No. 24 of 1935);

"the Act of 1939" means the Pigs and Bacon (Amendment) Act, 1939 (No. 35 of 1939),

2.—Subsection (1) of section 10 of the Act of 1930, as amended by section 2 of the Agricultural Produce (Fresh Meat) Act, 1931 (No. 45 of 1931), is hereby further amended by the deletion of "before or within eighteen months after the commencement of this Act".

3.—(1) The references in subsection (1) of section 43 of the Act of 1930 to a licensed exporter shall be construed as including references to a person who is the holder of a manufacturing licence under section 34 of the Act of 1934 or of a licence under subsection (4) of section 8 of this Act.

(2) Subsection (1) of this section shall not be construed as affecting the Agricultural Products (Restriction of Export) Order, 1953.

4.—(1) Rule 2 of the Rules in the Schedule to the Act of 1930 is hereby amended—

(i) by the insertion in paragraph (a) of "or such other sum as may be prescribed" after "one shilling",

(ii) by the insertion in paragraph (b) of "or such other sum as may be prescribed" after "three pence" and

(iii) by the insertion in paragraph (c) of "or such other sum as may be prescribed" after "three half-pence".

(2) Where regulations, are proposed to be made pursuant to paragraph (a), paragraph (b) or paragraph (c) of Rule 2 of the Schedule to the Act of 1930, as amended by subsection (1) of this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

5.—Section 34 of the Act of 1934 is hereby amended by the insertion after subsection (2) of the following subsection:—

"(2a) The Minister may, by notice in writing given to the holder of a manufacturing licence—

(i) attach to the licence such conditions as he shall think proper and shall specify in the notice,

(ii) revoke any condition attached to the licence, or

(iii) vary any condition attached to the licence in such manner as he shall think proper and shall specify in the notice,

and the notice shall be at least one month's notice and may be served by delivering it to the holder of the licence or by sending it by post to such holder at his last known place of abode."

6.—Section 28 of the Act of 1935 is hereby amended—

( a ) by the deletion of "(not exceeding sixpence)" in sub-section (1), and

( b ) by the substitution for subsection (10) of the following subsection:—

"(10) Where regulations are proposed to be made in relation to any sum referred to in this section as prescribed, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House."

7.—(1) Section 44 of the Act of 1939 shall apply to a carcase in respect of which a certificate has been issued under subsection (2) of this section and which has been treated in accordance with that subsection.

(2) ( a ) Where a pig purchased by a licensee has died after purchase and before it has reached the licensed premises of the licensee or has died (otherwise than by slaughter) at those licensed premises—

(i) a veterinary examiner may, at the request of the licensee, certify that the pig has so died, and

(ii) where it is so certified, the carcase of the pig shall be immediately so treated by the licensee as to render it unfit for the food of man and, if the licensee fails so to treat the carcase, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

( b ) This subsection shall be construed as one with the Act of 1935.

8.—(1) ( a ) Where, upon the inspection under any regulations made under the Health Act, 1947 (No. 28 of 1947), of the liver of an animal at a slaughter-house maintained by a sanitary authority and registered in any register of slaughtering premises kept by the Minister under the Act of 1930, as amended by the Agricultural Produce (Fresh Meat) (Amendment) Act, 1935 (No. 36 of 1935) it appears to a veterinary officer (being a registered veterinary surgeon) of that authority that the liver, though unfit for the food of man, is suitable for use for pharmaceutical purposes, he may, in lieu of dealing with it under the said regulations, certify that the liver is so suitable.

( b ) Where the liver of an animal has, by a certificate under this subsection, been certified, at slaughtering premises maintained by a sanitary authority, as suitable for use for pharmaceutical purposes—

(i) the liver shall become and be the property of the sanitary authority,

(ii) the sanitary authority shall not sell or dispose of the liver to any person other than the holder of a licence under subsection (4) of this section,

(iii) the liver shall not be moved from such premises unless and until it is sold to the holder of such a licence.

(2) ( a ) Where, on the slaughter of any animal presented for examination under the Act of 1930, as amended by the Agricultural Produce (Fresh Meat) (Amendment) Act, 1935 (No. 36 of 1935), to a veterinary examiner at registered slaughtering premises by a licensed exporter, it is found by the examiner that the liver of the animal, though unfit for human consumption, is suitable for use for pharmaceutical purposes, he may, if he thinks fit, certify that the liver is so suitable.

( b ) Where the liver of an animal has, by a certificate under this subsection, been certified, at the registered premises of a licensed exporter, as suitable for use for pharmaceutical purposes—

(i) section 37 of the Act of 1930 shall not apply in respect of the liver,

(ii) the licensed exporter shall not sell or dispose of the liver to any person other than the holder of a licence under subsection (4) of this section,

(iii) the liver shall not be moved from such premises unless and until it is sold to the holder of such a licence.

( c ) This subsection shall be construed as one with the Act of 1930 as amended by the Agricultural Produce (Fresh Meat) (Amendment) Act, 1935 .

(3) ( a ) Where at any licensed premises it is found by a veterinary examiner that the liver of a pig, though unfit for human consumption, is suitable for use for pharmaceutical purposes, he may, if he thinks fit, certify that the liver is so suitable.

( b ) Where the liver of a pig has, by a certificate under this subsection, been certified at licensed premises, as suitable for use for pharmaceutical purposes

(i) section 58 of the Act, of 1935 shall not apply in respect; of the liver,

(ii) the licensee shall not sell or dispose of the liver to any person other than the holder of a licence under subsection (4) of this section,

(iii) the liver shall not be moved from such premises unless and until it is sold to the holder of such a licence.

( c ) This subsection shall be construed as one with the Act of 1935.

(4) ( a ) The Minister may, if he thinks fit, grant to any person a licence authorising such person to purchase liver to which a certificate under this section relates.

( b ) The Minister may attach to a licence under this subsection such conditions as he thinks fit, including conditions as to the treatment to which any liver to which a certificate under this section relates and which has been purchased by the licensed is to be subjected and conditions restrictive of the disposition of any such liver.

( c ) Where any conditions are attached to a licence under this subsection, the licensee shall comply with them.

(5) ( a ) Section 40 of the Act of 1930, as amended by the Agricultural Produce (Fresh Meat) (Amendment) Act, 1935 , shall not apply in respect of liver to which a certificate under this section relates.

( b ) Paragraph (a) of this subsection shall not be construed as affecting the Agricultural Products (Restriction of Export) Order, 1953.

(6) Where a person contravenes 1 any requirement of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

9.—(1) The Orders specified in the Schedule to this Act are hereby revoked to the extent specified in the third column of that Schedule.

(2) For the purposes of this Act—

( a ) a certificate under Article 18 of the Emergency Powers (No. 267) Order, 1943 (S. R. & O. No. 102 of 1943), which was in force immediately before the passing of this Act shall be regarded as a certificate under sub-section (2) of section 7 of this Act,

( b ) a certificate under Article 3 of the Emergency Powers (No. 272) Order, 1943 (S. R. & O. No. 140 of 1943), which was in force immediately before the passing of this Act shall be regarded as a certificate under subsection (1) of section 8 of this Act,

( c ) a certificate under Article 4 of that Order which was in force immediately before the passing of this Act shall be regarded as a certificate under subsection (2) of section 8 of this Act,

( d ) a certificate under Article 5 of that Order which was in force immediately before the passing of this Act shall be regarded as a certificate under subsection (3) of section 8 of this Act,

( e ) a licence under Article 6 of that Order which was in force immediately before the passing of this Act shall be regarded as a licence under subsection (4) of section 8 of this Act.

10.—This Act may be cited as the Agricultural Produce (Meat) (Miscellaneous Provisions) Act, 1954 .

Section 9.

SCHEDULE

REVOCATIONS.