Abattoirs Act, 1988

Restriction on sale, supply, etc., of meat.

42.—(1) A person shall not sell or supply meat for human consumption, or for incorporation in a food for human consumption, unless the meat bears a health mark thereon in accordance with the provisions of—

(a) section 41 of this Act, or

(b) Regulations made under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1988, or

(c) Regulations made under the Pigs and Bacon Acts, 1935 to 1988, or

(d) Council Directive No. 64/433/EEC of 26 June, 1964 (as amended)1, or Council Directive No. 72/462/EEC of 12 December, 1972 (as amended)2 or Council Directive No. 77/99/EEC of 21 December, 1976 (as amended)3.

(2) Subject to subsection (3) of this section, a person shall not have in his possession meat which is intended for human consumption unless the meat bears a health mark thereon in accordance with the provisions of—

(a) section 41 of this Act, or

(b) Regulations made under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1988, or

(c) Regulations made under the Pigs and Bacon Acts, 1935 to 1988, or

(d) Council Directive No. 64/433/EEC of 26 June, 1964 (as amended)1 , or Council Directive No. 72/462/EEC of 12 December, 1972 (as amended)2 , or Council Directive No. 77/99/EEC of 21 December, 1976 (as amended)3 .

(3) Subsection (2) of this section shall not apply to—

(a) meat which is in an abattoir and is awaiting the application of a health mark in accordance with this Act;

(b) meat from an animal slaughtered in a place situate on a farm which is used for the occasional slaughter of—

(i) a pig which is maintained for farming purposes on such farm by its occupier, or

(ii) an animal which is so maintained and which has been injured by accident and the slaughter of which is necessary to prevent its suffering,

and the meat from such pig or such injured animal is intended for consumption only by the residents on such farm;

(c) meat which the person in whose possession it was found can establish was acquired by him in good faith and he did not know that it required to be marked with a health mark.

(4) Where meat is sold, supplied, possessed, exposed or kept for sale, it shall be presumed, until the contrary is proved, that the meat is sold, supplied, possessed, exposed or kept for sale, as the case may be, for human consumption.

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

(6) In a prosecution for an offence under this section, it shall be a defence to establish that the meat which is the subject of the prosecution was cut from a carcase which bore a health mark.

1 O.J. No. 121 of 29.7.1964

2 O.J. No. L302 of 31.12.1972

3 O.J. No. L26 of 31.1.1977