First Previous (Part III. Veterinary Examination and Certification of Fresh Meat.) Next (Part V. Miscellaneous and General.)

10 1930

AGRICULTURAL PRODUCE (FRESH MEAT) ACT, 1930

Part IV.

Export of Fresh Meat, Offals, Dead Rabbits, and Dead Poultry.

Export of fresh meat and offals.

40. —(1) Subject to the exceptions mentioned in this section, all fresh meat and offals of animals exported from Saorstát Eireann shall comply with the following conditions (in this Act referred to as the general conditions of export), that is to say:—

(a) such fresh meat and offals shall comply with the regulations as to the condition of fresh meat at time of export, and

(b) such fresh meat and offals shall be accompanied by consignment certificates, and

(c) such fresh meat and offals shall have applied thereto the marks prescribed by the regulations for the marking of fresh meat, and

(d) such fresh meat and offals shall be conveyed in accordance with the regulations for the conveyance of fresh meat, and

(e) if and when an order made by the Minister under this Part of this Act is in force prohibiting the export of carcases of animals under a certain weight, such fresh meat shall not include any carcases under that weight, and

(f) if and when an order made by the Minister under this Part of this Act is in force prohibiting the export of any particular class of fresh meat or offals or of both fresh meat and offals, such fresh meat or offals shall not be of that class.

(2) Subject to the exceptions mentioned in this section all beef and veal and offals of cattle exported from Saorstát Eireann shall, in addition to complying with the general conditions of export, comply with the following conditions (in this Act referred to as the particular conditions of export of beef) that is to say:—

(a) such beef, veal and offals shall have been prepared and packed in registered cattle slaughtering premises in accordance with the regulations for the preparation of fresh meat and the regulations for the packing of fresh meat respectively, and

(b) such beef, veal and offals shall be exported direct from the registered cattle slaughtering premises in which they were prepared and packed and shall be so exported by a person who is the holder of a beef exporter's licence granted in respect of such premises.

(3) Subject to the exceptions mentioned in this section all pork and offals of pigs exported from Saorstát Eireann shall, in addition to complying with the general conditions of export, comply with the following conditions (in this Act referred to as the particular conditions of export of pork), that is to say:—

(a) such pork and offals shall have been prepared and packed in registered pig slaughtering premises in accordance with the regulations for the preparation of fresh meat and the regulations for the packing of fresh meat respectively or, in the case of pork only, have been prepared in registered pig slaughtering premises in accordance with the regulations for the preparation of fresh meat and packed in registered crating premises in accordance with the regulations for the packing of fresh meat, and

(b) such pork and offals shall be exported direct from the registered pig slaughtering premises in which they were packed and shall be so exported by a person who is the holder of a pork exporter's licence granted in respect of such premises or shall, in the case of pork packed in registered crating premises, be exported direct from such premises by the registered proprietor of such premises for and in the name of a person who is the holder of a pork exporter's licence granted in respect of the registered pig slaughtering premises in which such pork was prepared.

(4) Subject to the exceptions mentioned in this section, all mutton, lamb and offals of sheep exported from Saorstát Eireann shall, in addition to complying with the general conditions of export, comply with the following conditions (in this Act referred to as the particular conditions of export of mutton and lamb) that is to say:—

(a) such mutton, lamb and offals shall have been prepared and packed in registered sheep slaughtering premises in accordance with the regulations for the preparation of fresh meat and the regulations for the packing of fresh meat respectively or, in the case of mutton and lamb only, have been prepared in registered sheep slaughtering premises in accordance with the regulations for the preparation of fresh meat and packed in registered crating premises in accordance with the regulations for the packing of fresh meat, and

(b) such mutton, lamb and offals, shall be exported direct from the registered sheep slaughtering premises in which they were packed and shall be so exported by a person who is the holder of a mutton exporter's licence granted in respect of such premises or shall, in the case of mutton or lamb packed in registered crating premises, be exported direct from such premises by the registered proprietor of such premises for and in the name of a person who is the holder of a mutton exporter's licence granted in respect of the registered sheep slaughtering premises in which such mutton or lamb was prepared.

(5) Subject to the exceptions mentioned in this section, all horse-flesh and offals of horses exported from Saorstát Eireann shall, in addition to complying with the general conditions of export, comply with the following conditions (in this Act referred to as the particular conditions of export of horse-flesh) that is to say:—

(a) such horse-flesh and offals shall have been prepared and packed in registered horse slaughtering premises in accordance with the regulations for the preparation of fresh meat and the regulations for the packing of fresh meat respectively, and

(b) such horse-flesh and offals shall be exported direct from the registered horse slaughtering premises in which they were prepared and packed and shall be so exported by a person who is the holder of a horseflesh exporter's licence granted in respect of such premises.

(6) Subject to the exceptions mentioned in this section all goat flesh and offals of goats exported from Saorstát Eireann shall, in addition to complying with the general conditions of export, comply with the following conditions (in this Act referred to as the particular conditions of export of goat-flesh), that is to say:—

(a) such goat-flesh and offals shall have been prepared and packed in registered goat slaughtering premises in accordance with the regulations for the preparation of fresh meat and the regulations for the packing of fresh meat respectively, and

(b) such goat-flesh and offals shall be exported direct from the registered goat slaughtering premises in which they were prepared and packed and shall be so exported by a person who is the holder of a goat-flesh exporter's licence granted in respect of such premises.

(7) Every person who exports or attempts to export or causes to be exported—

(a) any beef, veal, or offals of cattle which does or do not comply with all the general conditions of export and all the particular conditions of export of beef, or

(b) any pork or offals of pigs which does or do not comply with all the general conditions of export and all the particular conditions of export of pork, or

(c) any mutton, lamb, or offals of sheep which does or do not comply with all the general conditions of export and all the particular conditions of export of mutton and lamb, or

(d) any horse-flesh or offals of horses which does or do not comply with all the general conditions of export and all the particular conditions of export of horse-flesh, or

(e) any goat-flesh or offals of goats which does or do not comply with all the general conditions of export and all the particular conditions of export of goat-flesh,

shall be guilty of an offence under this section.

(8) Every person who shall carry by land or sea or air for reward any fresh meat or offals which are being or are intended to be exported in contravention of this section shall, if such carrying is done in the course of or for the purpose of the exportation of such fresh meat or offals, be guilty of an offence under this section, unless such person proves that he did not know and could not reasonably have known that such fresh meat or offals was or were being exported in contravention of this section.

(9) Every person guilty of an offence under this section shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(10) This section shall not apply to—

(a) fresh meat exported in one lot or consignment which does not exceed in total gross weight twenty-eight pounds, or

(b) fresh meat exported to Northern Ireland in one lot or consignment to which none of the marks prescribed by the regulations for the marking of fresh meat are applied, and which, in the case of beef or veal, does not exceed in total gross weight four and one-half hundredweights and does not include more than one carcase, and which, in the case of mutton or lamb, does not exceed in total gross weight one and one-half hundredweights and does not include more than two carcases, and which, in the case of pork, does not exceed in total gross weight two hundredweights and does not include more than one carcase, or

(c) pork exported into Northern Ireland in one lot or consignment to which none of the marks prescribed by the regulations for the marking of fresh meat are applied and which does not exceed in total gross weight two tons and of which not more than eight carcases belong to any one person, or

(d) pork exported and consigned to a bacon curer in Northern Ireland recognised by the Minister for the purpose, or

(e) fresh meat exported in a package consigned and forwarded through Saorstát Eireann from a place outside Saorstát Eireann to another such place but not otherwise dealt with in Saorstát Eireann, or

(f) fresh meat exported under and in accordance with a special licence granted under this Part of this Act.

Prohibition of export of carcases within certain minimum limits of weight.

41. —(1) If and whenever the Minister is satisfied that the export of carcases of any particular kind of animal which are within certain limits of weight is detrimental to the live stock industry concerned, the Minister may by order prohibit, for so long as such order remains in force, the export of carcases of such kind of animal which are within such limits of weight.

(2) The Minister may at any time by order amend, vary, or revoke an order previously made by him under the foregoing sub-section and for the time being in force.

Prohibition of export of certain kinds of fresh meat.

42. —(1) The Minister may by order if and whenever he thinks fit, prohibit for so long as such order remains in force, the export of fresh meat or offals which is or are in any particular condition or from which any specified part or organ of the animal is missing or has been removed or to which any specified preservative or other matter has been added or which consists or consist only of particular detached portions or of portions of any particular size or other characteristic.

(2) The Minister may at any time by order amend, vary, or revoke an order previously made by him under the foregoing sub-section and for the time being in force.

Special licences to export fresh meat and offals.

43. —(1) The Minister may, upon the application of any licensed exporter, grant to such exporter a licence (in this Act referred to as a special licence) to export the consignment of fresh meat and offals or fresh meat only or offals only specified in such licence by such route and subject to such conditions as are stated in such licence.

(2) A special licence granted under this section shall operate to authorise the person to whom the same is granted to export in accordance with the terms of the licence, the consignment of fresh meat and offals or fresh meat only or offals only specified therein.

(3) The Minister may at any time before a consignment of fresh meat and offals or either of them specified in a special licence is actually exported, revoke the special licence relating to such consignment.

(4) Every person to whom a special licence has been granted under this section who contravenes any of the terms or conditions contained in such licence and every person (whether holding or not holding a special licence) who falsely represents by means of a mark on any consignment of fresh meat and offals or of fresh meat only or of offals only that such consignment is being exported under a special licence granted under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Export of dead rabbits and poultry.

44. —(1) The Minister may by order make regulations in regard to all or any of the following matters, that is to say:—

(a) the method and manner in all respects of packing dead rabbits and poultry, including the materials and packages to be used for such packing,

(b) the cleanliness and sterilisation of such materials and packages,

(c) the limit of weight of any one package of dead rabbits or dead poultry.

(2) All dead rabbits and dead poultry exported from Saorstát Eireann shall be packed in accordance with regulations made under this section.

(3) Every person who shall export or attempt to export any dead rabbits or dead poultry which do not comply with all the regulations made under this section shall be guilty of an offence under this section.

(4) Every person who shall carry by land or sea or air for reward any dead rabbits or dead poultry which are being or are intended to be exported in contravention of this section shall, if such carrying is done in the course of or for the purpose of the exportation of such dead rabbits or dead poultry, be guilty of an offence under this section unless such person proves that he did not know and could not reasonably have known that such dead rabbits or dead poultry were being exported in contravention of this section.

(5) Every person guilty of an offence under this section shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

Inspection, etc., of fresh meat, offals, dead rabbits and dead poultry.

45. —(1) Any inspector shall be entitled at all reasonable times to enter upon and have free access to the interior of—

(a) any registered premises, and

(b) the premises of any person engaged in the business of carrying goods for reward, and

(c) any warehouse or other premises of any person engaged in the business of warehousing goods intended for export or in process of being exported, and

(d) any pier, quay, wharf, jetty, dock or dock premises, and

(e) any ship, boat, railway waggon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods.

(2) Any inspector may inspect any fresh meat, offals, dead rabbits, and dead poultry or any package found in any place upon or to which he is entitled under this section to enter or have access or upon or in any public place and may open any such package which he reasonably believes or suspects to contain fresh meat, offals, dead rabbits, or dead poultry and may take and remove without payment—

(a) reasonable samples of any fresh meat or offals found in any such place whether such fresh meat and offals are or are not contained in a package, and

(b) reasonable samples of any packing materials in which, any such fresh meat, offals, dead rabbits or dead poultry are packed, and

(c) any one package forming part of or the whole of a consignment of fresh meat or offals found in any such place.

(3) If any person—

(a) obstructs or impedes any inspector in the exercise of any of the powers conferred on him by this section, or

(b) knowing the name or other particulars of the consignor consignee, or owner of any fresh meat, offals, dead rabbits, or dead poultry or of any package which an inspector is entitled to inspect under this section, refuses to give such name or other particulars to such inspector, or

(c) wilfully, or recklessly, gives to such inspector any false or misleading name or other particulars of any such consignor, consignee, or owner,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a penalty not exceeding five pounds, and in the case of a second or any subsequent offence to a penalty not exceeding ten pounds.

(4) Where any sample or package is taken by an inspector under this section it shall be the duty of such inspector to notify the owner or the consignor and the consignee (if and so far as their names and addresses are known to or can reasonably be ascertained by him) of the taking of such sample or package.

(5) If, on the examination of any package taken under this section, it appears to the Minister that there was a contravention or attempted contravention of any of the provisions of this Act or any regulations made thereunder in relation to the consignment from which the package was taken, the package may be forfeited to the Minister, and if not so forfeited and in any other case the package shall be disposed of in accordance with the directions of the consignor or, in default of such directions, shall be sold and the net proceeds of sale paid to the consignor.

(6) Neither the Minister nor any inspector shall be liable for any loss or damage arising from the exercise by an inspector of the powers conferred upon him by this section and no action shall lie against the consignor or any other person for or on account of any such loss or damage as aforesaid.

(7) In the exercise in or upon the premises of any railway or shipping company of the powers conferred on him by this section, an inspector shall conform to such reasonable requirements of such company as are necessary to prevent the working of the traffic on such premises being obstructed or interfered with.

Powers of officers of Customs and Excise.

46. —Officers of Customs and Excise shall have the like powers in relation to any consignments and packages the export of which is prohibited or restricted by this Act as such officers have by law in relation to other articles the export of which is prohibited or restricted by law.