National Beef Assurance Scheme Act, 2000
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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. |