STATUTORY INSTRUMENTS.

S.I. No. 433 of 1981.

EUROPEAN COMMUNITIES (FROZEN AND DEEP FROZEN POULTRY) REGULATIONS, 1981.

S.I. No. 433 of 1981.

EUROPEAN COMMUNITIES (FROZEN AND DEEP FROZEN POULTRY) REGULATIONS, 1981.

I, ALAN M. DUKES, Minister for Agriculture in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ), and for the purpose of giving effect to Council Regulation (EEC) No. 2967/76¹ of the 23rd day of November, 1976, and Commission Regulation (EEC) No. 2785/80 ² of the 30th day of October, 1980, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Frozen and Deep Frozen Poultry) Regulations, 1981.

2. These Regulations shall come into operation on the 11th day of January, 1982.

3. In these Regulations--

“authorised officer” means a person appointed by the Minister to be an authorised officer for the purpose of these Regulations;

“the Commission Regulation” means Commission Regulation (EEC) No. 2785/80¹ of the 30th day of October, 1980;

“the Council Regulation” means Council Regulation (EEC) No. 2967/76¹ of the 23rd day of November, 1976;

“the Minister” means the Minister for Agriculture;

“poultry” means chickens, hens and cocks of the type specified in Article 1 of the Council Regulation.

4. These Regulations apply to poultry.

5. (1) Poultry shall not be sold in the State or be exported to, or imported from, a Member State unless it complies with the provisions of the Council Regulation.

(2) A person who contravenes a provision of the Council Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months, or to both such fine and such imprisonment.

6. (1) The Minister may appoint such and so many of his officers as he thinks fit to be authorised officers for the purposes of these Regulations.

(2) An authorised officer shall be furnished with a warrant of his appointment as an authorised officer and when exercising any power conferred on an authorised officer by these Regulations shall, if requested by any person affected, produce the warrant to that person.

(3) A person who obstructs an authorised officer in the discharge of his duties shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

7. (1) An authorised officer may at all reasonable times enter--

(a) any premises in which he has reasonable grounds for believing that poultry are slaughtered or are prepared for sale in the State or for export to a Member State or are kept for sale in the State or for export to a Member State, or

(b) any railway wagon, vehicle, ship, vessel or aircraft in which he has reasonable grounds for believing that poultry is being transported for sale in the State or for export to a Member State, or are kept for the purpose of such transport,

and there or at any other place--

(i) make such examinations, tests and inspections, and

(ii) take such reasonable samples (without payment) of any poultry which he finds in the course of his inspection,

as he may consider appropriate for the purpose of these Regulations, the Council Regulation or the Commission Regulation.

(2) Whenever an authorised officer takes a sample pursuant to this Article of any poultry which he finds in the course of inspection he may--

(a) identify the goods from which he has taken the sample by placing thereon a notice stating that such goods shall not be sold other than in accordance with a direction of the Minister,

(b) submit the sample to such body as the Minister may direct for analysis.

(3) Whenever an authorised officer attaches a notice to any goods pursuant to paragraph (2) of this Regulation, such goods shall not be sold or otherwise disposed of by any person otherwise than in accordance with the direction of the Minister.

8. If any person fraudulently--

(a) tampers with any poultry so as to procure that any sample of it taken under these Regulations does not correctly represent the meat,

(b) tampers or interferes with any sample, taken under these Regulations or

(c) fails to comply with the provisions of Article 7 (3) of these Regulations,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment.

9. An offence under these Regulations may be prosecuted by the Minister.

10. (1) There may be charged such fees in respect of services performed by the Minister, or an officer of the Minister or an authorised officer in connection with matters to which these Regulations relate as the Minister, with the consent of the Minister for Finance, may determine.

(2) Fees under these Regulations may be collected and taken in such manner as the Minister for Finance directs and may be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister.

(3) The Public Offices Fees Act, 1879 (1879, c. 58) shall not apply in respect of fees under these Regulations.

EXPLANATORY NOTE.

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

The Regulations supplement Council Regulation (EEC) No. 2967/76, laying down common standards for the water content of frozen and deep frozen chickens, hens and cocks.

The Regulations allow officers authorised by the Minister to take samples of poultry for water content analysis and prescribe penalties for non compliance with the water content standards.

¹O.J. No. L339/1 of 8.12.76.

²O.J. No. L288/13 of 31.10.80.

²O.J No. L288/13 of 31.10.80.

¹O.J No. L339/1 of 8.12.76