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2 2000

NATIONAL BEEF ASSURANCE SCHEME ACT, 2000

PART II

National Beef Assurance Scheme.

Establishment of National Beef Assurance Scheme.

3. — There shall be a scheme to be known as the National Beef Assurance Scheme, the purpose of which is—

(a) to establish standards under which animals, carcases and meat intended for human consumption shall be produced, processed, traded or otherwise handled and under which feedingstuffs shall be manufactured or traded,

(b) to continue and further develop the animal tracing system operated by the Minister through the collection of data on animal movements under the CMMS and by such other means as the Minister considers appropriate, and

(c) to continue and further develop the measures provided under the Food Safety Authority of Ireland Act, 1998 .

Non-application of Act.

4. — This Act, other than section 6 (1)(d), shall not apply to a food business.

Participants to whom Act applies.

5. —(1) This Act applies to the persons who are members of a class specified in paragraph 1 of the First Schedule or who operate or occupy a class of holding or premises specified in paragraph 2 of that Schedule and who are engaged in the production, processing, trading or otherwise handling of animals, carcases or meat intended for human consumption or the manufacture or trading of feedingstuffs.

(2) The Minister may by order amend the First Schedule by making additions thereto or deletions therefrom.

Restriction on production, etc. of animals, carcases, etc.

6. —(1) Subject to section 9 , it shall be unlawful for—

(a) a participant to produce, trade or otherwise handle animals, carcases or meat for human consumption or to manufacture or trade in feedingstuffs unless the participant is the holder of a certificate of approval,

(b) a participant to sell or supply animals, carcases or meat for human consumption or to sell or supply feedingstuffs to a participant who does not hold a certificate of approval,

(c) a participant to buy or receive animals, carcases or meat for human consumption or to buy or receive feedingstuffs from any other participant who does not hold a certificate of approval, and

(d) a person who owns or operates a food business to buy or receive, or to be in possession of, animals, carcases or meat for human consumption from a participant who does not hold a certificate of approval.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

(3) In any proceedings for an offence under subsection (1)(b), (c) or (d) it shall be a defence for the defendant to prove that at the relevant time he or she believed, in good faith and upon reasonable grounds, that the participant with whom he or she dealt in contravention of those provisions was the holder of a certificate of approval.

Regulations regarding disposal of non-compliant animals, etc.

7. —(1) The Minister may make regulations in relation to the seizure, detention, destruction and disposal of animals, carcases, meat and feedingstuffs, produced by or in the possession of persons in contravention of this Act.

(2) The cost of seizing, detaining, destroying and disposing of animals, carcases, meat or feedingstuffs in accordance with regulations made under subsection (1), may be recovered by the Minister from the owner of the animal or of the holding or premises, as the case may be, as a simple contract debt in any court of competent jurisdiction.

Duty on participant to apply for certificate of approval.

8. —(1) A person who immediately before the commencement of this Act was engaged in the production, trade or otherwise handling of animals, carcases or meat for human consumption or in the manufacture or trade of feedingstuffs shall, within the period beginning on the commencement of this Act and ending 12 months after such commencement or such longer period as the Minister may allow, apply for the grant of a certificate of approval under this Act.

(2) A person who wishes to engage in the production, trade or otherwise handling of animals, carcases or meat for human consumption or in the manufacture or trade of feedingstuffs within the period referred to in subsection (1) shall apply for the grant of a certificate of approval under this Act before engaging in that activity.

Provisional approval of applicants.

9. —(1) During the period beginning on the commencement of this Act and ending on the date fixed by the Minister for all participants or for the appropriate class of participants under subsection (5), participants shall be deemed to be provisionally approved under this Act until they are granted or refused a certificate of approval by the Minister.

(2) During the period of provisional approval, the Minister may impose on a participant or a class of participant such conditions and requirements or both as he or she thinks fit relating to the production, processing, trading or otherwise handling of animals, carcases or meat intended for human consumption and the manufacture or trading of feedingstuffs.

(3) The Minister may at any time amend or revoke a condition or requirement imposed under subsection (2).

(4) A person who fails to comply with a condition or requirement imposed under subsection (2) shall be guilty of an offence.

(5) The Minister shall by order fix the date for the termination of the period of provisional approval for all participants or for any class of participant as the Minister considers appropriate.

Grant of certificate of approval.

10. —(1) Every application for a grant of a certificate of approval under this Act shall be in such form as may be determined by the Minister.

(2) Where an application is made for the grant of a certificate of approval, the Minister shall, before deciding on the application, require or cause the holding or premises to which the application relates to be inspected or checked by an authorised officer or other person who is within a class or category of persons approved, in writing, by the Minister.

(3) The Minister shall grant a certificate of approval to the participant, if, based on the outcome of the inspection referred to in subsection (2) and other inspections the Minister considers necessary, he or she is satisfied that the participant is a fit and suitable person to hold such a certificate and that the participant complies with the requirements of this Act and the regulations under this Act and with the Acts, orders and regulations specified in the Second Schedule that apply to the class of participant.

(4) The Minister may attach such conditions to a certificate of approval as he or she considers necessary.

(5) The Minister may at any time amend or revoke the conditions attached to a certificate of approval under subsection (4).

(6) Any costs incurred in securing a certificate of approval are the responsibility of the applicant.

(7) Subject to any regulations made under subsection (8), the certificate of approval shall remain in force until such time as the certificate expires under section 14 (2) or is revoked under this Act.

(8) The Minister may make regulations specifying a fixed period of validity for certificates of approval and the period may be different for different classes or categories of certificates of approval.

(9) A person who knowingly and wilfully gives any false or misleading information in respect of an application for a certificate of approval shall be guilty of an offence.

Requirement for certificate of approval.

11. —(1) No person shall produce, trade or otherwise handle animals, carcases or meat for human consumption or manufacture or trade in feedingstuffs after the date fixed under section 9 (5) for all participants or for the class of participant to which the person belongs unless that person applies for and is granted a certificate of approval under this Act.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

Regulations regarding reinspection.

12. — The Minister may make regulations establishing the procedures for the periodic reinspection of premises and holdings to ensure continued compliance with this Act and the regulations made under this Act.

Register of holders certificates of approval.

13. — (1) The Minister shall establish and maintain a register of all participants who have been granted a certificate of approval under this Act.

(2) The register shall contain the following details—

(a) the full name and address of the certificate holder,

(b) the type of holding or premises, including the address, to which the certificate applies,

(c) the number or letter, or both, assigned to each certificate holder,

(d) the date on which the certificate was granted, and

(e) such other particulars relating to such certificates as the Minister may from time to time direct.

(3) Whenever a certificate of approval is amended or revoked, the register shall be amended accordingly.

(4) The register may be established and maintained in a form that is not legible if it is capable of being converted into a legible form.

(5) A certificate purporting to be signed by an officer of the Minister that the holding or premises 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 the officer or that he or she was in fact such an officer or was in fact so authorised.

Non-transferability of certificate of approval.

14. —(1) A certificate of approval shall not be transferred by a certificate holder to any other person.

(2) When a certificate holder who is an individual dies, the certificate of approval shall continue in effect for the benefit of the deceased person's personal representative until the expiration of 9 months from the date of death or such longer period as the Minister may allow.

Refusal of certificate of approval.

15. —(1) The Minister may, at any time, refuse an application for the grant of a certificate of approval.

(2) Where the Minister intends to refuse an application for the grant of a certificate of approval, the Minister shall—

(a) notify the applicant in writing of his or her intention to refuse the application and of the reasons therefor,

(b) notify the applicant in writing that the person, or a person acting on his or her behalf, may make representations to the Minister in relation to the intended refusal within 14 days of the date of issue of the notification, and

(c) consider any representations made under paragraph (b) before deciding whether to proceed with the refusal.

(3) Where the Minister decides to proceed with the refusal of an application for the grant of a certificate of approval, the Minister shall, by notice in writing, notify the applicant—

(a) of the decision and of the reasons for that decision,

(b) of the time limit within which, and of the manner in which, an appeal against the decision may, pursuant to section 17 , be made, and

(c) if the holding or premises to which the application relates may continue to be used for the production, processing, trading or otherwise handling of animals, carcases or meat intended for human consumption or for the manufacture or trade of feedingstuffs.

Power of Minister to revoke certificate of approval.

16. —(1) The Minister may, at any time, revoke a certificate of approval if the Minister is satisfied that—

(a) the certificate of approval has been obtained by fraud or by misrepresentation (whether fraudulent or innocent),

(b) there has been any contravention (whether by commission or omission) of this Act or of a regulation made under this Act or of a condition attached to the certificate of approval,

(c) there has been a contravention (whether by commission or omission) of an Act, order or regulation specified in the relevant part of the Second Schedule, or

(d) the holder of a certificate of approval has not, within a reasonable time, complied with the requirements of a notice served under section 18 .

(2) Before revoking a certificate of approval the Minister shall—

(a) notify the holder in writing of the intention to revoke the certificate of approval and of the reasons for the revocation,

(b) notify the person in writing that the person, or a person acting on his or her behalf, may make representations to the Minister in relation to the intended revocation within 14 days of the date of issue of the notification, and

(c) consider any representations made under paragraph (b) before deciding whether or not to proceed with the revocation.

(3) Where the Minister decides to proceed with the revocation of a certificate of approval under this section, the Minister shall, by notice in writing, notify the holder of the certificate—

(a) of the decision and of the reasons for that decision,

(b) of the time limit within which, and of the manner in which, an appeal against the revocation may, pursuant to section 17 , be made, and

(c) if the holding or premises to which the revocation relates, may continue to be used for the production, processing, trading and otherwise handling of animals, carcases and meat for human consumption or for the manufacture or trade of feedingstuffs.

Appeal against refusal or revocation of certificate of approval.

17. —(1) If the Minister revokes or refuses to grant a certificate of approval, the applicant for, or the holder of, the certificate may, within 21 days after the date of the service of the notice of the revocation or refusal, appeal to the Circuit Court against the refusal or revocation.

(2) If the Minister revokes or refuses to grant a certificate of approval in respect of a holding or premises that, at the time of the revocation or refusal, were lawfully being used to produce, process, trade or otherwise handle animals, carcases and meat intended for human consumption or to manufacture or trade in feedingstuffs, the holding or premises may, if the Minister is satisfied that there is no danger to public health, continue to be used for those purposes—

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

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

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

(3) Where, in accordance with subsection (2), a premises continues to be used to produce, process, trade or otherwise handle animals, carcases and meat intended for human consumption or for the manufacture or trade of feedingstuffs, notwithstanding the refusal or revocation of the certificate of approval in relation to that holding or premises, this Act shall continue to apply to the holding or premises as if the certificate of approval with respect to that holding or premises had not been refused or revoked.

(4) On the hearing of an appeal under this section, the Circuit Court may—

(a) dismiss the appeal and order the disposal of the animals, carcases, meat or feedingstuffs on the holding or premises, as the case may be, under the direction of the Minister, or

(b) allow the appeal and direct the Minister to grant or renew the certificate of approval, or to cancel the revocation,

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

(5) On hearing 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 certificate of approval have been complied with shall lie on the person making the appeal.

(6) In the event of an unsuccessful appeal, the cost of disposing of the animals, carcases, meat or feedingstuffs may be recovered by the Minister from the owner of the animals or of the holding or premises, as the case may be, as a simple contract debt in any court of competent jurisdiction.

Seizure and detention of animals, etc.

18. —(1) Where, in relation to a holding or premises, an authorised officer is of the opinion that animals, carcases, meat or feedingstuffs in or on the holding or premises or in or on a vehicle, vessel or container on the holding or premises intended for sale for human consumption or animal consumption have been, are being or are likely to be, produced in contravention of this Act or regulations made under this Act, the authorised officer may—

(a) seize and detain the animals, carcases, meat or feedingstuffs, or

(b) serve on the holder of the certificate of approval in relation to that holding or premises or on the person who seems to be in charge of the holding or premises, a notice in writing requiring—

(i) that no animal carcase, meat or feedingstuff be moved off the holding or premises except under and in accordance with the terms of a movement permit, or

(ii) the animal, carcase, meat or feedingstuff to be destroyed, disposed of or otherwise dealt with in such manner and at such place as the authorised officer shall direct.

(2) An authorised officer may, on application in writing by an owner of an animal to which a notice under subsection (1) applies, issue a permit under section 22 allowing the movement of the animal into or out of the holding or premises to which the notice relates or the sale or slaughter of that animal.

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

(4) An authorised officer may at any time amend or revoke in writing a notice served by him or her under subsection (1).

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

(6) A person aggrieved by a notice under subsection (1) may, not later than 5 days after the service of the notice, appeal to the District Court.

(7) On the hearing of an appeal under subsection (6) the District Court may, as it thinks proper, cancel the notice or confirm the notice and order that the animals, carcases, meat or feedingstuffs, as the case may be, be detained, destroyed, disposed of or otherwise dealt with under the direction of the Minister.

(8) The cost of detaining, destroying, disposing of or otherwise dealing with the animals, carcases, meat or feedingstuffs, may be recovered by the Minister from the owner of the animal, carcase, meat or feedingstuffs, as the case may be, as a simple contract debt in any court of competent jurisdiction.

Regulations regarding registration and identification of animals.

19. —(1) The Minister may make regulations in relation to the registration and identification of animals.

(2) Without prejudice to the generality of subsection (1), regulations made under this section may include all or any of the following matters:

(a) the registration of the birth, death or any other event relating to animals;

(b) the manner in which animals are to be identified, the time or times and the place or places at which they are to be identified, and the person or persons responsible for such identification;

(c) the manufacture, importation, distribution, sale, possession, control, use and disposal (including destruction or recycling) of ear-tags, microchips, identity cards or documents relating to the identification of animals, and of any other thing which might be used directly or indirectly for the purpose of, or in relation to, the identification of animals;

(d) without prejudice to paragraph (c), the tampering with, removal from animals or the re-application to animals of ear-tags, microchips or any other thing used for or in relation to the identification of animals;

(e) the identification of animals by electronic means (including the programming of any such means of identification);

(f) the information which is to be kept in relation to the identification of animals, the manner in which and the means by which it is to be kept, and the person or persons by whom it is to be kept and to whom it is to be given;

(g) the importation, movement, sale, possession, control, use, seizure and disposal of animals which are not identified, or which are incorrectly or falsely identified, or which are reasonably suspected of not being so identified or incorrectly or falsely identified;

(h) the possession of any instrument, implement or other thing which could be used for, or adapted for the use of, removing the identification of animals or for reusing the means of identification of animals;

(i) the tampering with, forgery or falsification of ear-tags, microchips, identity cards or other documents, or any other thing used for or in connection with the identification of animals;

(j) the use of ear-tags, microchips, identity cards or other documents, or any other thing used for or in connection with the identification of animals, to give a false or misleading or incorrect identification to animals.

Cattle census.

20. —(1) The Minister may conduct a census of animals for the purpose of confirming the location, category and ownership of animals in the State or for any other purpose.

(2) The Minister may make regulations requiring participants to provide information under this Act, specifying, in particular—

(a) the general nature of the information required,

(b) the frequency with which it is to be provided, and

(c) the participants required to provide it.

(3) The Minister may, pursuant to a regulation made under subsection (2), direct a participant by notice in writing—

(a) to complete and return a form, questionnaire or other record in accordance with any instructions contained therein or otherwise communicated to him or her,

(b) to answer questions asked of him or her,

(c) to supply any record, copy or extract from any record,

by a specified date or within a specified period.

(4) A person who fails to comply with the regulations made or a notice served under this section shall be guilty of an offence.

Computerised cattle movement monitoring system.

21. —(1) A keeper, other than a transporter of animals, shall notify the Minister of the movement of animals to or from his or her holding or premises.

(2) The information notified under subsection (1) shall be entered on the CMMS database.

(3) The Minister may establish procedures for access to the CMMS database and the register of certificates of approval, having regard to the rights of individuals and undertakings.

(4) The Minister may make regulations providing for the following:

(a) the form and time requirements for notifications under subsection (1);

(b) the use of the CMMS database to identify and trace animals which are intended to be slaughtered or exported for human consumption.

(5) A person who contravenes subsection (1) shall be guilty of an offence.

Movement permit.

22. —(1) An authorised officer may issue a permit for the purposes of this Act authorising such movement as may be specified in the permit of animals, carcases, meat or feedingstuffs specified in the permit and may attach to the permit any conditions that the authorised officer considers appropriate.

(2) Without prejudice to the generality of subsection (1), the conditions referred to in that subsection may include conditions as to the destination of the movement and conditions to be fulfilled after the movement has been effected.

(3) An authorised officer may at any time amend or revoke in writing a movement permit issued by him or her under subsection (1).

(4) A person who fails to comply with a permit issued under subsection (1) or the conditions attached to such a permit, shall be guilty of an offence.