Pigs and Bacon Act, 1935

Marking instruments and forms of consignment certificates.

71.—(1) Subject to the provisions of this section, it shall not be lawful for any person to make, order, purchase, import, or have in his possession—

(a) any authorised marking instrument, or

(b) any instrument by means of which a carcase (certification) mark or a colourable imitation thereof could be applied to a carcase, or

(c) any instrument by means of which a bacon (veterinary examiner's) mark, a bacon (licensee's) mark or a bacon (grade) mark or a colourable imitation of any of the said marks could be applied to bacon, or

(d) a prescribed form of consignment certificate or any colourable imitation of such form.

(2) Nothing in this section shall render it unlawful for—

(a) any officer of the State acting in the course of his duty as such officer to order, purchase, import, or have in his possession an authorised marking instrument or a prescribed form of consignment certificate, or

(b) any person, in pursuance of an order lawfully given by or a contract lawfully made with any such officer, to make, import, or have in his possession any authorised marking instrument or any prescribed form of consignment certificate, or

(c) any licensee to order, purchase, import, or have in his possession any instrument for the marking of bacon with a bacon (licensee's) mark which is of the design prescribed by the regulations for the marking of bacon by licensees or any instrument for the marking of bacon with a bacon (grade) mark which is of the design appointed by a bacon (grade mark) order, or

(d) any person, in pursuance of a contract made with a licensee, to make, import, or have in his possession, any such instrument as is mentioned in paragraph (c) of this sub-section.

(3) Every person who does any thing the doing of which is declared unlawful by 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-five pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months.

(4) In this section—

the expression “carcase (certification) mark” means a mark prescribed by regulations for the marking of carcases for the time being in force;

the expression “bacon (veterinary examiner's) mark” means a mark prescribed by regulations for the marking of bacon by veterinary examiners for the time being in force;

the expression “bacon (licensee's) mark” means a mark prescribed by regulations for the marking of bacon by licensees for the time being in force;

the expression “bacon (grade) mark” means a mark appointed by a bacon (grade mark) order for the time being in force;

the expression “authorised marking instrument” means any instrument—

(a) which is an instrument for marking a carcase with a carcase (certification) mark and is of the design prescribed by regulations for the marking of carcases; or

(b) which is an instrument for the marking of bacon with a bacon (veterinary examiner's) mark and is of the design prescribed by regulations for the marking of bacon by veterinary examiners; or

(c) which is an instrument for the marking of bacon with a bacon (licensee's) mark and is of the design prescribed by regulations for the marking of bacon by licensees; or

(d) which is an instrument for the marking of bacon with a bacon (grade) mark and is of the design appointed by a bacon (grade mark) order.