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8 1988

ABATTOIRS ACT, 1988

PART II

Abattoirs

Interpretation ( Part II ).

7. —In this Part of this Act “the register” means the register of abattoir licences established pursuant to section 12 of this Act.

Prohibition on use of premises as abattoir.

8. —(1) The occupier of any premises shall not use such premises, or permit such premises to be used, as an abattoir unless he is the holder of a licence (in this Act referred to as an “abattoir licence”) in respect of such premises.

(2) A person, who is not the occupier of a premises, shall not use such premises as an abattoir unless the occupier of the premises is the holder of an abattoir licence in respect of such premises.

(3) Any person who contravenes the provisions of this section shall be guilty of an offence.

Abattoir licence.

9. —(1) Subject to the provisions of this Act and the Regulations made thereunder, an abattoir licence shall be granted by the Minister and shall remain in force for such period not exceeding 12 months as may be fixed by the Minister.

(2) Subject to the provisions of this Act and the Regulations made thereunder, an abattoir licence granted pursuant to subsection (1) of this section shall be renewed by the Minister for such period not exceeding 12 months as may be fixed by him.

(3) The Minister, following consultation with the Minister for the Environment, may, by Regulations, transfer his functions in relation to abattoir licences to the local authority within whose functional area the abattoir concerned is situate.

(4) Notwithstanding the generality of subsection (3) of this section, Regulations under that subsection may make provision for all or any of the following matters—

(a) the making of different provisions in relation to the transfer of functions to different local authorities or classes of local authorities;

(b) the withdrawal, whenever the Minister considers it necessary so to do, of any function, previously transferred by Regulations under that subsection to a local authority, from that local authority;

(c) the payment to a local authority to which a function is transferred of all fees in relation to abattoir licences relating to any abattoir in its functional area.

(5) Whenever the Minister proposes to make Regulations pursuant to subsection (3) of this section, the Regulations shall not be made until a draft of the Regulations has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House.

Application for abattoir licence.

10. —(1) Every application for the grant or renewal of an abattoir licence shall be in such form as may be determined by the Minister and shall be accompanied by the appropriate fee.

(2) Every application for the grant or renewal of an abattoir licence shall relate to one premises only.

(3) Where an application is made pursuant to this section for the grant or renewal of an abattoir licence, the Minister shall, before considering the application, cause the premises to which the application relates to be inspected by an authorised officer of the Minister.

(4) The Minister shall not consider an application for the grant or renewal of an abattoir licence unless the application is accompanied by the appropriate fee.

(5) Where the Minister, having considered an application for the grant or renewal of an abattoir licence, decides that the application should be refused, the appropriate fee paid in respect of the application shall be repaid to the applicant.

(6) The Minister may, by Regulations, vary the amount of the appropriate fee.

(7) In this Act “the appropriate fee” means a fee determined by reference to the number of animals slaughtered in the abattoir to which the application relates during the calendar year immediately preceding the date of the application in the following manner—

(a) if the number of animals slaughtered in such abattoir in that year was less than 500, a fee of £10;

(b) if the number of animals slaughtered in such abattoir in that year was 500 or more but was less than 1,000, a fee of £50;

(c) in any other case, a fee of £100.

Grant or renewal of abattoir licence.

11. —(1) The Minister shall, following consultation with the local authority in whose functional area an abattoir is situate, if he is satisfied that the applicant—

(a) is a fit and proper person to hold an abattoir licence, and

(b) has, in relation to the abattoir concerned, complied with the provisions of—

(i) the Slaughter of Animals Act, 1935 , and

(ii) this Act and the Regulations made thereunder,

grant or, as the case may be, renew an abattoir licence.

(2) An abattoir licence may contain a condition limiting the class or number of animals that may be slaughtered in the abattoir to which it relates, or in such part of such abattoir as may be specified.

(3) The Minister may assign to each abattoir in respect of which a licence is granted under this Act a distinctive number or letter, or number and letter.

Register of abattoir licences.

12. —(1) The Minister shall establish and maintain a register of abattoir licences (in this Part of this Act referred to as “the register”) of every licence granted by him under this Part of this Act.

(2) There shall be entered in the register—

(a) the full name, address and description of the holder of the licence,

(b) an exact description of the location and the limits and extent of the abattoir to which the licence relates,

(c) the date on which the licence was issued and the expiry date thereof,

(d) such other particulars of, or in respect of, the licence or of the abattoir to which it relates as the Minister may, from time to time, direct.

(3) Whenever an abattoir licence is altered or revoked, there shall be entered in the register such particulars of the alteration or revocation, as the case may be, as the Minister may, from time to time, direct.

(4) A certificate purporting to be under the hand of an officer, authorised by the Minister in that behalf, of the Minister that an abattoir specified in the certificate is not entered in the register shall, until the contrary is proved, be evidence of the matters so certified and it shall not be necessary to prove the signature of such officer, or that he was such an officer, or that he was in fact so authorised.

Non-transferability of abattoir licence.

13. —(1) The holder of an abattoir licence shall not transfer the licence to any other person and any such purported transfer shall be void and of no effect.

(2) Where the holder of an abattoir licence dies, the licence shall continue in full force and effect for the benefit of the licence holder's personal representative, or, as the case may be, his spouse or any other member of his family, for the period of four months, or for the period then unexpired of the term of the licence, whichever is the longer, after the death of the licence holder and shall then expire.

Refusal of abattoir licence.

14. —(1) The Minister may, at any time, when he considers it proper so to do, refuse an application for the grant or renewal of an abattoir licence.

(2) Whenever the Minister considers it proper to refuse an application for the grant or renewal of an abattoir licence, he shall, by at least 21 days notice in writing, notify the applicant of his intention to refuse the application and of the reasons therefor.

(3) Whenever the Minister decides to refuse an application for the grant or renewal of an abattoir licence, he shall, by notice in writing, notify the applicant—

(a) of his decision and of the reasons therefor, and

(b) of the time limit within which, and of the manner in which, an appeal against such decision may, pursuant to section 16 of this Act, be made, and

(c) if, at the date on which such application is made, the premises to which the application relates are used as an abattoir, whether such premises may, in accordance with the provisions of this Act, continue to be so used.

Power of Minister to revoke abattoir licence.

15. —(1) The Minister may, at any time, revoke an abattoir licence if he is satisfied that—

(a) the licence has been obtained by fraud or by misrepresentation (whether fraudulent or innocent), or

(b) there has been any contravention (whether by commission or omission) of any provision of this Act or of any Regulation made thereunder, or

(c) the holder of a licence has not, within a reasonable time, complied with the requirements of a notice served under section 18 of this Act.

(2) Before revoking an abattoir licence pursuant to this section, the Minister shall, by at least 21 days notice in writing, notify the holder of the licence of his intention to revoke the licence and of the reasons therefor.

(3) Whenever the Minister decides to revoke an abattoir licence pursuant to this section, he shall, by notice in writing, notify the holder of the licence—

(a) of his decision and of the reasons therefor, and

(b) of the time limit within which, and of the manner in which, an appeal against such revocation may, pursuant to section 16 of this Act, be made, and

(c) whether the premises concerned may, in accordance with the provisions of this Act, continue to be used as an abattoir.

Appeal against refusal or revocation of abattoir licence.

16. —(1) Whenever the Minister refuses to grant or renew, or revokes, an abattoir licence, the applicant for, or the holder of, such licence may, within 21 days after the date of the service of the notice of, as the case may be, the refusal or revocation, appeal to the Circuit Court against such refusal or revocation.

(2) Whenever the Minister refuses to grant or renew, or revokes, an abattoir licence in respect of premises which, at the time the Minister made his decision, were lawfully being used as an abattoir, such premises may, if the Minister is satisfied that there is no danger to public health, continue to be used as an abattoir—

(a) until the time for making an appeal has elapsed, or

(b) if an appeal is made, until such time as the appeal is first mentioned in the Circuit Court,

and thereafter the premises may be so used only by leave of the Circuit Court.

(3) Whenever, in accordance with subsection (2) of this section, a premises is continued to be used as an abattoir, notwithstanding the refusal or revocation of an abattoir licence in relation to that premises, the provisions of—

(a) this Act and the Regulations made thereunder,

(b) the Slaughter of Animals Act, 1935 ,

(c) the Bovine Diseases (Levies) Act, 1979 , and

(d) the Córas Beostoic agus Feola Act, 1979 ,

shall continue to apply to such premises as if such premises were a licensed abattoir.

(4) On the hearing of an appeal under this section, the Circuit Court may do whatever appears to it to be just and proper having regard to the provisions of this Act and the Regulations made thereunder and may either—

(a) dismiss the appeal, with or without costs, or

(b) allow the appeal, with costs, and direct the Minister to grant or renew the licence, or to cancel the revocation,

and the decision of the Circuit Court on an appeal under this section shall be final save that, by leave of that Court, an appeal shall lie to the Supreme Court on a point of law.

(5) On the hearing of an appeal under this section, the onus of establishing that the provisions of this Act in relation to the granting, renewal or continuing in force of a licence have been complied with shall lie on the person making the appeal.

Permit relating to abattoir.

17. —(1) Subject to subsection (5) of this section, where, in the opinion of the Minister, special circumstances exist and he considers it reasonable so to do, the Minister may, after consultation with the local authority in whose functional area an abattoir is situate, in lieu of granting an abattoir licence in respect of any premises, grant to a person a permit to operate the premises as an abattoir for such period as may be specified in the permit and the Minister may attach to such permit such conditions as appear to him to be necessary.

(2) On the expiration of the period specified in a permit granted under subsection (1) of this section, the Minister may, if he considers it reasonable so to do, renew the permit for such further period as may be specified in the renewed permit.

(3) A permit granted or renewed under this section shall, for the period of its validity, have the same force and effect as an abattoir licence under this Act and the provisions of this Act (other than section 16 of this Act) relating to abattoir licences shall apply to a permit granted under this section.

(4) The Minister shall not grant or renew a permit under this section unless the applicant has first paid to the Minister the appropriate fee as if the permit were an abattoir licence.

(5) A permit under this section shall not be granted in respect of a premises unless the premises—

(a) was constructed as, or was adapted for use as, or was used as, an abattoir on or before the commencement of this section, and

(b) is capable, within a reasonable time, of being so reconstructed or altered that it complies in every respect with the requirements of this Act and of the Regulations made thereunder.

(6) This section shall cease to have effect on the expiry of five years after its commencement.

Suspension of abattoir.

18. —(1) Whenever, in relation to an abattoir, an authorised officer is of opinion that there is grave and immediate danger—

(a) to public health arising from the manner in which such abattoir is managed or maintained, or

(b) that meat, which is in such abattoir and is intended for sale for human consumption, is liable, if consumed, to cause serious illness, or

(c) that meat, which is in such abattoir and is intended for sale for human consumption, is, or may become, unfit for human consumption by virtue of non-compliance with the provisions of this Act or of Regulations made thereunder,

the authorised officer may serve on the holder of the abattoir licence in relation to that abattoir or on the person who seems to him to be,

for the time being, in charge of such abattoir, a notice in writing requiring—

(i) the immediate closure of such abattoir or part thereof, or

(ii) that the slaughtering of animals or the preparation of meat in that abattoir cease forthwith,

and the notice may specify the steps that ought to be taken, or the things that ought to be done, before such abattoir or part thereof, as the case may be, is reopened or before the slaughtering of animals or the preparation of meat is resumed in that abattoir.

(2) A person upon whom a notice is served under subsection (1) of this section shall forthwith comply with the terms of the notice.

(3) Any person who fails to comply with the terms of a notice under subsection (1) of this section shall be guilty of an offence.

(4) An authorised officer may at any time revoke a notice served by him under subsection (1) of this section.

(5) The service of a notice under subsection (1) of this section shall not be construed as in any way affecting any proceedings, whether instituted before or after such service, in which a contravention of any provision of this Act or of Regulations made thereunder is alleged.

(6) Any person aggrieved by a notice under subsection (1) of this section may, not later than 21 days after the service of the notice, appeal to the District Court against the notice.

(7) On the hearing of an appeal under subsection (6) of this section, the District Court may, as it thinks proper, cancel or confirm the notice, and the decision of the District Court on such hearing shall be final save that, by leave of that Court, an appeal shall lie to the High Court on a point of law.

Power of local authority to provide public abattoirs.

19. —(1) A local authority may, if it so desires, provide public abattoirs and, if any such public abattoir is provided by a local authority, operations shall not commence in such abattoir unless and until an abattoir licence has first been obtained in relation thereto.

(2) Where, at the commencement of this Act, a council of a county, corporation of a county or other borough, council of an urban district, or commissioners of a town is, or are, leasing or renting a public slaughterhouse provided by it or them pursuant to section 105 of the Public Health (Ireland) Act, 1878, to a person or body of persons, nothing in the lease or, as the case may be, the rental agreement, concerned shall in any way invalidate or take precedence over any provision of this Act.

Regulations relating to abattoirs.

20. —(1) The Minister may, in relation to abattoirs, make Regulations in respect of all or any of the following matters—

(a) the reception of, and the manner in which, animals are to be assembled, penned and rested prior to slaughter, and restrained for slaughter;

(b) the washing and disinfecting of vehicles used in connection with the transport of animals to abattoirs;

(c) the times at which slaughterings may take place;

(d) the manner of the slaughter and evisceration of animals and the dressing, cleaning, hanging, cooling, vacuum wrapping, storing, cutting-up, processing, weighing and loading of meat;

(e) the retention, identification and presentation for the purpose of inspection by a veterinary inspector of animals, carcases, offals and viscera;

(f) the hygiene (including operational hygiene) and maintenance of premises and equipment and the hygiene and health of the staff;

(g) the storage and disposal of offals, hides and waste products.

(2) Any person who contravenes the provisions of Regulations made under this section shall be guilty of an offence.