S.I. No. 284/1987 - European Communities (Fresh Meat) Regulations, 1987.

S.I. No. 284 of 1987.

EUROPEAN COMMUNITIES (FRESH MEAT) REGULATIONS, 1987.

I, MICHAEL KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purposes of giving effect to Council Directive 64/433/EEC of 26 June, 1964,⁽¹⁾ (as amended by Council Directive 83/90/EEC of 7 February, 1983,⁽²⁾ Council Directive 85/323/EEC of 12 June, 1985,⁽³⁾ Council Directive 85/325/EEC of 12 June, 1985,⁽⁴⁾ and Council Directive 86/576/EEC of 18 November, 1986,⁽⁵⁾) Article 6 (b) of Commission Regulation 2226/78/EEC of 25 September, 1978,⁽⁶⁾ and Article 2 (c) of Commission Regulation 2658/80/EEC of 17 October 1980⁽⁷⁾ and, insofar as it concerns carriage of fresh meat between Member States of the European Economic Community, Council Directive 83/643/EEC of 1 December, 1983⁽⁸⁾ hereby make the following Regulations:

⁽¹⁾O.J. 121, 29.07.1964, P. 2012/64

⁽²⁾O.J. L.59, 05.03.1983, P.10

⁽³⁾O.J. L168, 28.06.1985, P.43

⁽⁴⁾O.J. L168, 28.06.1985, P.47

⁽⁵⁾O.J. L339, 02.12.1986, P.26

⁽⁶⁾O.J. L261, 26.09.1978, P.5

⁽⁷⁾O.J. L276, 20.10.1980, P.9

⁽⁸⁾O.J. L359, 22.12.1983, P.8

1. (1) These Regulations may be cited as the European Communities (Fresh Meat) Regulations, 1987.

(2) These Regulations shall come into operation on the 4th day of November, 1987.

2. (1) In these Regulations—

"authorised officer" means a person appointed by the Minister under Regulation 14 of these Regulations to be an authorised officer;

"the 1930 conditions" means the general conditions of cleanliness and suitability of slaughtering premises and the particular conditions of suitability of slaughtering premises within the meaning assigned by section 6 of the Act of 1930;

"the Act of 1930" means the Agricultural Produce (Fresh Meat) Act, 1930 (No. 10 of 1930);

"the Act of 1935" means the Pigs and Bacon Act, 1935 (No. 24 of 1935);

"Annex I" means Annex I to the Council Directive;

"approved cold store" means a cold store approved of under Regulation 3 of these Regulations;

"approved cutting plant" means a cutting plant approved of under Regulation 3 of these Regulations;

"approved place" means an approved cold store, an approved cutting plant, a scheduled place, a place authorised by the Minister pursuant to Regulations 5 (1) (b) or 6 (1) (b) of these Regulations or a registered slaughtering premises;

"approved seal" means a seal which for the time being stands approved of by the Minister for the purposes of this definition;

"the Council Directive" means Council Directive No. 64/433/EEC of 26 June, 1964, (as amended by Council Directive No. 83/90/EEC of 7 February, 1983, Council Directive 85/323/EEC of 12 June, 1985, Council Directive 85/325/EEC of 12 June, 1985, and Council Directive 86/587 of 18 November, 1986);

"EEC Certificate" except in Regulation 16, means a health certificate which—

( a ) is in the form of the specimen health certificate for which is set out in Annex II to the Council Directive, and

( b ) complies with each of the requirements relating to health certificates set out in Chapter XII of Annex I to the Council Directive, and

( c ) has been completed in relation to the fresh meat which it accompanies, and

( d ) bears a health mark in accordance with Chapter X of Annex 1 of the Council Directive, and

( e ) is signed by an official veterinarian;

"fresh meat intended for export to a Member State of the European Communities" includes fresh meat intended for sale or sold to the Minister in the capacity assigned to him by the European Communities (Common Agricultural Policy) (Market Intervention) Regulations, 1973 ( S.I. No. 24 of 1973 ), and cognate words and phrases shall be construed accordingly;

"the general conditions", except in the definition of "the 1930 conditions" contained in this paragraph and Regulation 4 (3) of these Regulations, means the conditions contained in Annex I and therein referred to as the general conditions for the approval of establishments;

"import" means, notwithstanding any other statutory provision, to bring into the State and cognate words shall be construed accordingly;

"Member State" means a Member State of the European Economic Community;

"the Minister" means the Minister for Agriculture and Food;

"movement certificate" means a certificate which—

( a ) is in a form which for the time being stands approved of by the Minister for the purposes of this definition,

( b ) relates to the fresh meat which it accompanies,

( c ) bears a health mark in accordance with Chapter X of Annex I of the Council Directive, and

( d ) is signed by a veterinary examiner;

"registered slaughtering premises" means a slaughtering premises which is for the time being registered under the Act of 1930;

"scheduled place" means a place listed in the Schedule to these Regulations;

"vessel" includes a hovercraft;

"veterinary examiner" means a person who is either a veterinary examiner within the meaning of the Act of 1930 or a veterinary inspector within such meaning.

(2) A veterinary examiner shall, for the purposes of these Regulations and the Council Directive, in so far as it applies to the State, be regarded as being an official veterinarian

(3) ( a ) In these Regulations a reference to any Act or statutory instrument is, save where the context otherwise requires, a reference to that Act or instrument as amended by any other Act or any other such instrument including these Regulations;

( b ) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive.

3. (1) The Minister may, for the purpose of Article 8 of the Council Directive, approve of a cutting plant or cold store in respect of which he is satisfied that—

( a ) compliance with the Council Directive is assured, and

( b ) each of the general conditions is complied with, and

( c ) (i) in the case of a cutting plant, each of the special conditions contained in Chapter II of Annex I is complied with, or

(ii) in the case of such a cold store, each of the special conditions set out in Chapter III of Annex I is complied with.

(2) Subject to paragraph (3) of this Regulation, the Minister, if he is not satisfied that all of the relevant provisions of the Council Directive are for the time being complied with in respect of a cutting plant or a cold store as regards which an approval was given under this Regulation, may revoke the approval.

(3) The Minister shall not—

( a ) revoke an approval given under this Regulation, or

( b ) refuse an application for an approval under this Regulation, without—

(i) notifying the holder of, or applicant for, the approval of his intention to revoke or refuse the approval, as the case may be,

(ii) specifying his reasons for the intended revocation or refusal, as the case may be,

and

(iii) affording the holder of, or applicant for, the approval, an opportunity of making representations within 14 days or having representatives made on his behalf, to the Minister in relation to the proposed revocation or refusal, as the case may be.

4. (1) Without prejudice to the generality of the 1930 conditions, section 6 of the At of 1930 shall be construed as requiring that, before he registers a premises in a register of slaughtering premises within the meaning of that Act, the Minister shall be satisfied that—

( a ) compliance with the Council Directive is assured, and

( b ) the premises comply with—

(i) each of the general conditions, and

(ii) each of the special conditions set out in Chapter I of Annex I.

(2) The powers of inspection conferred by section 22 (1) of the Act of 1930 shall include such power of inspection as may be necessary to enable a person inspecting a premises under that section to decide whether or not the premises comply with such (if any) of the provisions of the Council Directive as apply to it.

(3) Subsections (3), (4) and (6) of section 22 of the Act of 1930 shall each be construed as if each of the references therein to the general conditions of cleanliness and suitability of slaughtering premises included a reference to both the general conditions and the special conditions set out in Chapter I of Annex I.

(4) ( a ) Section 25 of the Act of 1930 is hereby amended by—

(i) the substitution of "premises; or" for "premises." in paragraph (h) of subsection (3); and

(ii) the addition of subsection (3) of the following paragraph—

"(i) without prejudice to the generality of paragraphs (a) to (h) of this subsection in the case of a registered slaughtering premises, that the premises do not comply with such of the provisions of Council Directive No. 64/433/EEC of 26 June, 1964 (as amended by Council Directive 83/90/EEC of 7 February, 1983, Council Directive 85/323 of 12 June, 1985, Council Directive 85/325 of 12 June, 1985 and Council Directive 86/587 of 18 November, 1986) as apply to them".

5. (1) A person shall not export fresh meat to a Member State unless—

( a ) the meat (other than meat to which paragraph (2) of Article 3 of the Council Directive relates) satisfies each of the requirements set out in paragraph (2) of this Regulation;

( b ) the exportation is made through a scheduled place or such other place as the Minister may authorise;

( c ) where the meat is fresh meat as described in paragraph (1) of Article 6 of the Council Directive or paragraph (2) of Article 3 of the said Directive then:

(i) there is for the time being in force an authorisation issued for the purposes of this Regulation by the Minister and authorising the export of such fresh meat, and

(ii) any condition subject to which such authorisation was issued was complied with;

( d ) where the meat is fresh meat from pigs described in Article 5 (a) (i) and (ii) of the Council Directive and is to undergo one of the treatments provided for in Council Directive 77/99/EEC,⁽¹⁾ it bears the special mark described in the Annex to Commission Decision 84/371/EEC;⁽²⁾

⁽¹⁾O.J. 121, 29.07.1964, P. 2012/64

⁽²⁾O.J. L.59, 05. 03. 1983, P.10

( e ) the requirements of Regulation 7 of these Regulations have been complied with.

(2) The requirements referred to in paragraph (1) (a) of this Regulation are the following:

( a ) the fresh meat concerned shall comply with the provisions of the Council Directive including, in particular, the conditions relating to the production, control, health marking, dispatch, storage, transport and exportation of meat;

( b ) such meat shall be eligible for intra-community trade under the Council Directive and be accompanied on exportation by an EEC certificate;

( c ) such meat shall be transported from the State by a means of transport sealed by an authorised officer or a veterinary examiner with an approved seal or by the competent authority of another Member State;

( d ) such meat shall have been obtained under the conditions governing production and control laid down in the Council Directive;

( e ) such meat shall be fit for human consumption.

(3) This Regulation shall not be construed as authorising—

( a ) the export to a Member State of fresh meat referred to in paragraphs (c), (d), (e), (f), (g) or (h) of Article 5 of the Council Directive, or

( b ) such export of fresh meat referred to in paragraph (a) of Article 5 of the Council Directive other than fresh meat to which paragraph 1 (d) of this Regulation applies and which is intended for sale for human consumption.

(4) The following enactment's shall not apply as regards fresh meat duly exported in accordance with these Regulations to a Member State, namely—

( a ) section 40 of the Act of 1930 (other than paragraph (cc) of subsection (1)), and

( b ) the Agricultural Products (Restriction of Exports) Order, 1953 ( S.I. No. 234 of 1953 ).

6. (1) A person shall not import fresh meat sent from the territory of another Member State unless—

( a ) the meat (other than meat to which paragraph (2) of Article 3 of the Council Directive relates) satisfies each of the requirements set out in paragraph (4) of this Regulation;

( b ) the meat is imported through a scheduled place or such other place as the Minister may authorise;

( c ) where the meat is fresh meat as described in paragraph (1) of Article 6 of the Council Directive or paragraph (2) of Article 3 of the said Directive then.

(i) there is for the time being in force an authorisation issued for the purposes of this Regulation by the Minister and authorising the importation of such fresh meat, and

(ii) any condition subject to which such authorisation was issued was complied with;

( d ) where the meat is fresh meat from pigs described in Article 5 (a) (i) and (ii) of the Council Directive and is to undergo one of the treatments provided for in Council Directive 77/99/EEC, it bears the special mark described in the Annex to Commission Decision 84/371/EEC;

( e ) at least twelve hours notice in writing of the intended importation shall be given by the person importing the fresh meat or his agent to the Secretary, Department of Agriculture and Food, Kildare Street, Dublin 2, specifying—

(i) the scheduled place or other place authorised by the Minister under paragraph (1) (b) of this Regulation through which it is intended to import the meat,

(ii) the name of the vessel, the flight number of the flight, or the registration letters and number (if any) of the lorry, rail truck or other container, as may be appropriate, intended to be used to transport the meat,

(iii) the date and the expected time of arrival at the scheduled place of the relevant consignment, and

(iv) the quantity and type of such meat.

(2) Regulations 12 to 17 of the Food Hygiene Regulations, 1950 ( S.I. No. 205 of 1950 ), shall not apply in relation to the importation or intended importation into the State from a Member State of fresh meat.

(3) The Meat (Regulation of Import) Order, 1969 ( S.I. No. 108 of 1969 ), shall not apply as regards the importation in accordance with these Regulations of fresh meat from a Member State.

(4) The requirements referred to in paragraph (1) (a) of this Regulation are the following:

( a ) the fresh meat concerned shall comply with the provisions of the Council Directive including, in particular, the conditions relating to the production, control, health marking, dispatch, storage, transport and exportation of meat;

( b ) such meat shall be eligible for intra-Community trade under the Council Directive and be accompanied on importation by an EEC certificate;

( c ) such meat shall be imported into the State in a sealed means of transport sealed by the competent authorities of the Member State of origin;

( d ) such meat shall have been obtained under the conditions governing production and control laid down in the Council Directive;

( e ) such meat shall be fit for human consumption.

(5) This Regulation shall not be construed as authorising either—

( a ) the import from a Member State of fresh meat referred to in paragraph (c), (d), (e), (f), (g) or (h) of Article 5 of the Council Directive,

or

( b ) the import from a Member State of fresh meat referred to in paragraph (a) of Article 5 of the Council Directive other than fresh meat to which paragraph (1) (d) of this Regulation refers which is intended for sale for human consumption.

(6) Fresh meat imported into the State in accordance with the provisions of this Regulation shall, notwithstanding anything to the contrary in the Act of 1930, be eligible for export in accordance with the provisions of Regulation 5 of these Regulations.

7. (1) Fresh meat intended for export to a Member State shall not be moved from any premises, otherwise than directly to an approved place.

(2) Where fresh meat intended for export to a Member State is moved from any approved place to another approved place, the following conditions shall be complied with:

( a ) (i) Subject to sub-paragraph (ii) of this paragraph, prior to such movement the relevant container or other means of transport in which the meat is to be transported shall be sealed by an authorised officer or a veterinary examiner with one or more approved seals at the approved place from which the meat is intended to be moved.

(ii) The condition set out in sub-paragraph (i) of this paragraph, shall not apply to fresh meat imported in a means of transport sealed by the competent authority of the Member State of origin and which is being moved from the scheduled place or other place authorised by the Minister under Regulation 6 (1) (b) of these Regulations through which it has been imported to an approved place.

( b ) the meat shall be accompanied by either—

(i) an EEC certificate, or

(ii) a movement certificate.

(3) Where a veterinary examiner is satisfied that fresh meat has been moved in accordance with the provisions of paragraph (2) of this Regulation he shall, unless he has reasonable grounds for acting to the contrary, treat such meat as having been obtained in accordance with the conditions governing production and control laid down in the Council Directive.

(4) Any reference in this Regulation to an approved place shall, in relation to fresh meat, be construed as including a reference to a place which is specified as an approved place in a condition subject to which an authorisation, relating to such meat, is issued under Regulation 5 (1) (c) of these Regulations.

8. (1) A person shall not slaughter an animal the fresh meat of which is intended to be exported to a Member State otherwise than in a registered slaughtering premises and in accordance with the conditions governing production and control laid down in the Council Directive.

(2) A person shall neither bone nor cut fresh meat intended for export to a Member State otherwise than in an approved cutting plant and in accordance with the conditions referred to in paragraph (1) of this Regulation: provided, however, that carcases may be cut into half carcases and half carcases may be cut into no more than 3 wholesale cuts, and quarters, in a registered slaughtering premises.

(3) Fresh meat intended for export to a Member State shall not be stored in a cold store other than one which is in or forms part of a registered slaughtering premises or an approved cutting plant unless that cold store in an approved cold store and that storage is carried out in accordance with the conditions referred to in paragraph (1) of this Regulation in so far as they relate to the storage of fresh meat.

9. (1) In relation to the sale, offer for sale or importation into or exportation from the State of any goods, neither a person who is the owner of such goods nor a person acting on such owner's behalf or with his authority shall hold out such goods as being fresh meat complying with Regulation 5 (1) or 6 (1) of these Regulations if such goods do not so comply.

(2) A person selling or offering for sale any fresh meat to the Minister in the capacity assigned to him by the European Communities (Common Agricultural Policy) (Market Intervention) Regulations, 1973 ( S.I. No. 24 of 1973 ), shall not hold out such meat as being fresh meat which has been obtained in accordance with the conditions governing production and control laid down in the Council Directive if he knows or ought reasonably to know that it was not so obtained.

10. (1) An application for an EEC certificate or a movement certificate required for the purposes of compliance with these Regulations shall be made to a veterinary examiner or an authorised officer and shall be in such form and contain such particulars as the Minister may require and, unless the Minister otherwise agrees, such an application shall be received by the veterinary examiner or an authorised officer to whom it is made not later than the day, being a day which is not a Saturday, Sunday or a bank or public holiday, preceding the day on which the certificate is required by the applicant.

(2) A person shall not supply false or misleading particulars to a veterinary examiner or an authorised officer for the purpose of obtaining an EEC certificate or a movement certificate.

11. (1) Where any fresh meat is brought to any scheduled place for the purpose of being exported to a Member State, the person for the time being in charge of such fresh meat shall, when requested to do so by an officer of Customs and Excise, a veterinary examiner or an authorised officer, produce to such officer or examiner an EEC certificate or a movement certificate relating to the fresh meat and, if so required by such an officer or examiner, furnish to him his name and address, and in case such a certificate is so produced, if such person is required by such an officer or examiner he shall permit the officer or examiner making the requirement to make a copy of, or take an extract from, the certificate.

(2) Where a request is made pursuant to paragraph (1) of this Regulation and a certificate referred to in that paragraph is not produced, pending the production of such certificate the exportation of the fresh meat concerned is hereby prohibited.

12. (1) No person shall import or export from the State fresh meat unless there stands appointed by him a person on whom notices can be served under paragraph (4) of this Regulation and who shall be known and in this Regulation is referred to as a "specialised person".

(2) Where an importer or exporter appoints a specified person he shall thereupon furnish the Minister with the name and an address (within the State) of the specified person by delivering or sending by prepaid registered post, to the Secretary, Department of Agriculture and Food, Kildare Street, Dublin 2, a letter setting out the name and address of the specified person.

(3) ( a ) An officer of Customs and Excise, a veterinary examiner or an authorised officer may, if he forms an opinion that a contravention of Regulation 5 or 6 of these Regulations may take place or has taken place, inspect and, if necessary, take a sample or samples of fresh meat, without payment of compensation, which is being exported from or which is being or has been imported into the State.

( b ) For the purpose of carrying out an inspection or taking a sample pursuant to subparagraph (a) of this paragraph an officer of Customs and Excise, a veterinary examiner of an authorised officer may:—

(i) enter into any land, premises, structure or other place or any railway wagon, ship, vessel, aircraft or vehicle or any other means of transport.

(ii) require the importer or exporter or the person in control for the time being of the fresh meat to bring it to such place as may be specified by such officer or examiner and in the event of such importer or exporter or person refusing or failing to comply with the requirement seize all or part of the fresh meat and where necessary any vehicle or container in which such meat is being transported.

(4) Where in relation to any fresh meat an officer of Customs and Excise, a veterinary examiner or an authorised officer forms an opinion that there has been or that there may be a breach of Regulation 5, 6 or 11 (2) of these Regulations he may serve or cause to be served on any person who is an importer, or exporter of the fresh meat or a specified person or where no specified person has been appointed, the person who appears to such officer or examiner to be in control for the time being of the fresh meat a notice (stating the reasons therefor) requiring either the importer, exporter or person in control for the time being of the fresh meat—

( a ) in relation to fresh meat which is being or has been imported,

(i) to remove the fresh meat from the State, or

(ii) if, in the opinion of the officer of Customs and Excise, the veterinary examiner or an authorised officer, there is a risk to public health, to take steps (which may be specified in the notice) to ensure that the fresh meat will not be used for human or animal consumption or to destroy the fresh meat; or

(iii) to take such other steps as may be directed in the notice, including measures to prevent the improper use of such meat,

( b ) in relation to fresh meat which is being exported,

(i) not to export the fresh meat to another Member State, or

(ii) not to export the fresh meat to another Member State other than in accordance with any conditions laid down in the notice.

(5) A requirement contained in a notice may specify a time limit within which it is to be complied with.

(6) A requirement specified in a notice served under paragraph (4) of this Regulation (in this paragraph referred to as "the earlier notice") may be modified or withdrawn in a further such notice and in that event the earlier notice shall have effect subject to such modification or withdrawal.

(7) A notice may require the importer, exporter, or person in control for the time being of the fresh meat as the case may be to choose between two or more of the requirements specified in the notice.

(8) A notice referred to in paragraph (4) of this Regulation may be served on the importer, exporter, specified person or person in control for the time being of the fresh meat as the case may be by delivery of it by hand, or by sending it by prepaid registered post to or by leaving it at the address of the specified person given to the Minister pursuant to paragraph (2) of this Regulation or his last known place of abode or business in the case of persons other than specified persons.

(9) The officer of Customs and Excise, veterinary examiner or authorised officer who served the notice pursuant to paragraph (4) of this Regulation shall where practicable send by post a copy of that notice to the consignor of the fresh meat.

(10) ( a ) An importer or exporter may appeal within 5 days of the service of the notice under paragraph (4) of this Regulation to the Jusice of the District Court having jurisdiction in the District Court District where the fresh meat is situated or to the Justice of the District Court having jurisdiction in the District Court District where the person bringing the appeal ordinarily resides or carries on business on the grounds that the notice or any of the terms thereof are not justified having regard to the provisions of these Regulations.

( b ) An appeal made pursuant to subparagraph (a) of this paragraph may be heard at any sitting of the District Court within the appropriate District Court District.

( c ) (i) Notice of an appeal made pursuant to subparagraph (a) of this paragraph shall be served on the officer of Customs and Excise, veterinary examiner or authorised officer who served the notice under paragraph (4) of this Regulation in the form specified in such notice and the said notice shall be served at least 48 hours prior to the hearing of the appeal by serving it on the said officer of Customs and Excise, veterinary examiner or authorised officer or leaving it at the place and in the manner specified in the notice issued under paragraph (4) of this Regulation,

(ii) the notice of appeal shall contain a statement of the grounds upon which it is alleged that the notice or any of the terms thereof are not justified.

( d ) A copy of the notice of appeal shall be lodged with the District court Clerk and served on the Minister, in the manner specified in the notice issued pursuant to paragraph (4) of this Regulation, at least 48 hours prior to the hearing of the appeal.

( e ) The officer of Customs and Excise, veterinary examiner authorised officer and the Minister shall as well as the appellant be entitled to be heard and to adduce evidence at the hearing of an appeal brought under paragraph (10) of this Regulation in opposition to an appeal made pursuant to this Regulation.

(11) On the hearing of an appeal under this Regulation a District Justice may, at his discretion, confirm, with or without modification, or annual the notice.

12. ( a ) where—

(i) an importer, exporter or person for the time being in control of the fresh meat fails to comply with the terms of a notice served upon him under paragraph (4) of this Regulation within the time specified therein, or

(ii) an officer of Customs and Excise, veterinary examiner or authorised officer has reasonable grounds for believing that the terms of a notice served under paragraph (4) of this Regulation will not be complied with, or

(iii) a notice served under paragraph (4) of this Regulation has been confirmed with or without modification under paragraph (11) of this Regulation and the notice has not been complied with, or

(iv) an officer of Customs and excise, veterinary examiner, or authorised officer has reasonable grounds for believing that the terms of a notice served under paragraph (4) of this Regulation which has been confirmed with or without modification under paragraph (11) of this Regulation will not be complied with, or

(v) pending the determination of an appeal made pursuant to subparagraph (a) of paragraph (10) of this Regulation directions given pursuant to paragraph (13) of this Regulation by an officer of Customs and Excise, veterinary examiner or authorised officer have not been complied with, or

(vi) pending the determination of an appeal made pursuant to subparagraph (a) of paragraph (10) of this Regulation an officer of Customs and Excise, veterinary examiner or an authorised officer has reasonable grounds for believing that directions given pursuant to paragraph (13) of this Regulation shall not be complied with,

an officer of Customs and Excise, veterinary examiner or authorised officer may, without payment of compensation, at any time seize, destroy or otherwise dispose of the fresh meat as he thinks fit in the circumstances of the case.

( b ) Any profits arising out of the disposal of fresh meat referred to in subparagraph (a) of this paragraph shall be paid to the owner of the fresh meat less any expenses incurred in connection with the said disposal.

( c ) The Minister shall notify where practicable the consignor of the fresh meat concerned of any seizure, destruction or disposal which takes place pursuant to this paragraph.

(13) ( a ) No person including a person upon whom a notice has been served under paragraph (4) of this Regulation, shall deal with the fresh meat concerned other than in accordance with the terms of the notice.

( b ) In the event of an appeal against the terms of a notice referred to in subparagraph (a), pursuant to paragraph (10) of this Regulation, no person, including the person appealing, shall deal with the fresh meat concerned pending the determination of the appeal other than in accordance with such directions as shall be given in writing to the appellant by an officer of Customs and Excise, veterinary examiner or authorised officer.

( c ) Where the terms of a notice referred to in subparagraph (a) of this paragraph are confirmed with or without modification by the District Justice hearing the appeal made under the said paragraph (10) of this Regulation no person, including the person who made the appeal, shall deal with the fresh meat concerned other than in accordance with such notice as confirmed.

(14) In this Regulation

"fresh meat" includes any goods represented to an authorised officer, veterinary examiner or officer of Customs and excise as being fresh meat,

"importer" and "exporter" include any person who, whether as owner, consignor, consignee, agent or broker is in possession of or in any way entitled to the custody or control of the fresh meat which is being or has been imported or exported.

13. (1) The Minister may issue authorisations for the purpose of Regulations 5 and 6 of these Regulations, and may vary the terms of, or revoke, any such authorisation.

(2) ( a ) Authorisations issued under paragraph (1) of this Regulation may be either General Authorisations or authorisations restricted to particular cases and may be issued subject to conditions (which may be varied in accordance with paragraph (1) of this Regulation).

( b ) Where an authorisation issued under paragraph (1) of this Regulation is issued subject to a condition, the condition shall be specified in the authorisation.

(3) Without prejudice to the generality of paragraph (2) (a) of this Regulation, a condition subject to which an authorisation is issued under paragraph (1) of this Regulation may require that any fresh meat to which the authorisation relates shall be prepared, treated or otherwise processed only in or at such place or places as are specified in the authorisation.

(4) ( a ) The Minister shall, as soon as may be after a General Authorisation is issued, varied or revoked, cause to be published in the Iris Oifigiúil notice of such issue, variation or revocation, together with a statement indicating where copies of the Authorisation, variation or revocation may be obtained.

( b ) A General Authorisation (or a variation or revocation thereof), shall not come into effect until the date of publication of the issue of the Iris Oifigiúil in which the relevant notice is published.

( c ) The Minister shall assign to each General Authorisation issued by him and to each variation thereof a number as of the year in which it is so issued or varied.

( d ) Where the Minister revokes a General Authorisation because he is satisfied that, by reason of an outbreak of disease, such revocation is necessary for the protection of public health subparagraph (b) of this paragraph shall not apply in relation to such revocation.

( e ) In any proceedings, a document, purporting to be a copy of a General Authorisation or a variation or revocation thereof, and purporting to have been issued by the Minister for Agriculture and Food, shall, when produced in evidence by an officer of the Minister for Agriculture and Food, be prima facie evidence of the issue, variation or revocation of the Authorisation (as the case may be) and of the terms thereof and, in the case of such issue or variation, that the Authorisation (as varied, where appropriate) is still in force.

(5) An authorisation issued under this Regulation which is not a general authorisation so issued shall be in writing and shall accompany the fresh meat to which the authorisation refers, or any importation or exportation of the meat.

14. (1) The Minister may appoint such and so many persons as he thinks fit to be authorised officers for the purposes of these Regulations.

(2) An authorised officer shall be furnished with a warrant of his appointment by the Minister as an authorised officer and when exercising any power conferred on him by these Regulations such officer shall, if requested by any person affected, produce the warrant to that person.

15. (1) An authorised officer or a veterinary examiner may at all reasonable times enter—

( a ) an approved place,

( b ) any other land, premises, structure or other place in which he has reasonable grounds for believing that—

(i) there are animals (whether alive or dead or slaughtered nor not) from which meat intended for export to a Member State is intended to be or is derived, or

(ii) there is prepared meat for export to a Member State, or

(iii) there is kept meat either on importation from or for export to a Member State, or

( c ) any railway wagon, vehicle, aircraft, ship or other vessel, or any other means of transport, in which he has reasonable grounds for believing that meat is either being exported to or imported from a Member State, or being kept for transport, import or export,

and either there or at any other place—

(A) make such examinations, tests and inspections, and

(B) take without payment of compensation such reasonable samples of any meat, which he finds in the course of his inspection, as he may consider appropriate for the purposes of these Regulations and the Council Directive.

(2) ( a ) In this Regulation "meat" includes any goods represented to an authorised officer or veterinary examiner as being meat.

( b ) The references in paragraph (1) (a) of this Regulation to an approved place shall be construed as including a reference to a place which is specified in a condition subject to which an authorisation, being for the time being in force, is issued under Regulation 13 of these Regulations.

16. (1) A person shall not make or cause to be made, order, import, purchase, sell, offer or expose for sale—

( a ) any instrument for affixing a health mark on meat in accordance with Chapter X of Annex 1 of the Council Directive, or

( b ) any instrument for the affixing of a health mark in accordance with Chapter X of Annex 1 of the Council Directive on any document, wrapping, carton or other thing, or

( c ) an approved seal or anything purporting to be an approved seal,

save with the consent in writing of the Minister.

(2) A person shall not print or cause to be printed, order, import, purchase, sell, offer or expose for sale—

( a ) an EEC certificate or any document purporting to be or in any way resembling an EEC certificate,

( b ) a movement certificate or any document purporting to be or in any way resembling a movement certificate,

save with the consent in writing of the Minister.

(3) A person shall not have in his possession or under his control—

( a ) any instrument for the affixing of a health mark on meat in accordance with Chapter X of Annex 1 of the Council Directive, or

( b ) any instrument for the affixing of a health mark in accordance with Chapter X of Annex 1 of the Council Directive on any document, wrapping, carton or other thing, or

( c ) an EEC certificate or any document purporting to be or in any way resembling an EEC certificate,

( d ) a movement certificate or any document purporting to be or in any way resembling a movement certificate

unless he is—

(i) an authorised officer, a veterinary examiner or an officer of the Minister,

(ii) a person who is in possession or control of the instrument, document, or thing, with the consent in writing of the Minister.

(4) For the purposes of subparagraph (ii) of paragraph (3) of this Regulation, the onus of proving that a person is in possession or control of an instrument, document or thing with the consent of the Minister shall lie on a person so claiming to be in possession or control with the consent of the Minister.

(5) A person shall not forge, or without lawful authority or excuse, alter or tamper with, any document purporting to be an EEC certificate, movement certificate or any other document purporting to be issued under these Regulations or for the purposes of the Council Directive or any thing purporting to be an approved seal nor utter any such document or seal knowing it to be forged, altered or tampered with.

(6) A person shall not apply a health mark or anything purporting to be a health mark to an EEC certificate, a movement certificate, or a document purporting to be an EEC certificate or a movement certificate, unless he is an authorised officer, a veterinary examiner or an officer of the Minister acting in the course of his duty.

(7) A person shall not apply an approved seal or any thing purporting to be an approved seal to any means of transport of fresh meat unless he is an authorised officer or a veterinary examiner.

(8) In any proceedings for an offence in which a contravention of paragraph (3) of this Regulation is alleged it shall be a good defence for the defendant to show—

( a ) that he received the instrument, certificate or other document or thing, as the case may be, from a person specified in paragraph (3) (i) of this Regulation, and

( b ) that he has identified, the person from whom he so received the instrument, certificate, document or thing, and

( c ) that he received an kept possession or control of such instrument, certificate, document or thing for use solely in connection with the implementation of these Regulations or the Council Directive, and

( d ) that no unlawful use was made of the instrument, certificate, document or thing while such instrument, certificate, document or thing was in his possession or under his control, and

( e ) that such possession or control was solely within a registered slaughtering premises, approved cutting premises or approved cold store or a place authorised by the Minister pursuant to Regulation 5 (1) (b) or 5 (1) (b) of these Regulations.

(9) Nothing in paragraphs (1) or (2) of this Regulation shall be construed as prohibiting the importation of an EEC Certificate or an approved seal where such importation is for the purpose only of complying with Regulation 6 (1) of these Regulations.

(10) In this Regulation "EEC Certificate" means any document which either purports to be or resembles the specimen health certificate, for fresh meat intended for consignment to a Member State of the EEC, set out in Annex II of the Council Directive whether or not such document bears a health mark in accordance with Chapter X of Annex I of the Council Directive and whether or not such document has been completed in relation to the meat it accompanies and whether or not it has been signed by a person who is or who purports to be an official veterinarian.

17. In any proceedings for an offence under these Regulations in which a contravention of Regulations 5 (1), 6 (1) or 9 is alleged and in which it is necessary for the prosecution to prove that meat or other goods either were not fresh meat or did not comply with Regulation 5 (1) (a) or 6 (1) (a) of these Regulations or had not been obtained in accordance with the conditions governing production and control laid down in the Council Directive, it shall be a good defence in relation to such proof for the defendant to prove that—

( a ) he received the goods in the belief that such goods were fresh meat and did comply with the said Regulations 5 (1) (a), 6 (1) (a) or had been obtained in accordance with the conditions governing production and control laid down in the Council Directive, as may be appropriate, and

( b ) there was supplied with the goods a document which purported to be an EEC certificate or a movement certificate and to relate to the goods, and

( c ) at the time of the alleged offence he believed the goods to be in the same state as when the said documents were issued, and that such goods were fresh meat, and

( d ) the goods did otherwise comply with Regulations 5 (1) or 6 (1) or had otherwise been obtained in accordance with the conditions governing production and control as may be appropriate, and

( e ) such beliefs were reasonable.

18. (1) Where in proceedings for an offence under these Regulations, there is produced a document (in this Regulation referred to as a "certificate") which—

( a ) purports to be signed by the State Chemist, or a person appointed by the Minister to issue certificates for the purposes of these Regulations (in this Regulation subsequently referred to as an "approved person"), and

( b ) states that the certificate is issued for the purposes of these Regulations, and

( c ) purports to certify—

(i) that an examination, test or analysis of a particular sample submitted by a veterinary examiner or an authorised officer was carried out, and

(ii) the result of such examination, test or analysis, the certificate shall, until the contrary is proved, be evidence of any fact which it purports to certify without proof of any signature thereon or that any such signature is that of the State Chemist or, in case the certificate purports to be signed by an appointed person, proof that at the time at which the certificate purports to have been issued the person whose signature purports to appear on the certificate stood appointed as an appointed person.

(2) ( a ) The Minister may by an instrument in writing appoint a person to issue certificates for the purposes of these Regulations.

( b ) An appointment under this Regulation shall remain in force until it is withdrawn by the Minister by an instrument in writing.

(3) In this Regulation—

"the State Chemist" means the head of the State Laboratory and includes any person authorised by him to make an examination, test or analysis or give a certificate for the purposes of these Regulations.

19. An offence under these Regulations may be prosecuted by the Minister.

20. (1) There may be charged such fees in respect of services performed by the Minister or an officer of the Minister in connection with matters to which these Regulations relate as the Minister, with the consent of the Minister for Finance, may determine.

(2) Fees under these Regulations shall be collected and taken in such manner as the Minister for Finance directs and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of that Minister.

(3) Paragraph (2) of this Regulation is in addition to and not in substitution for—

( a ) sections 13 and 17 of, and the Schedule to, the Act of 1930, and

( b ) section 29 of the Act of 1935,

provided that a fee under this Regulation and a fee under the said section 13, 17 or 28, or the said Schedule, shall not be charged in relation to the same examination or inspection.

(4) The Public Offices Fees Act, 1879, shall not apply in respect of fees charged under this Regulation.

21. These Regulations are in addition to and not in substitution for the Diseases of Animals Acts, 1966 and 1979.

22. The powers conferred by Regulation 11 of the Food Hygiene Regulations, 1950 ( S.I. No. 205 of 1950 ), shall not be exercised on or in respect of premises which for the time being stand approved of under Regulation 3 of these Regulations and neither Regulation 25 nor Part IV of the said Regulations shall apply in respect of such premises.

23. Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other official of such body, such person shall be guilty of an offence.

24. (1) Any person who contravenes Regulation 5 (1), 6 (1), 7 (1), 7 (2), 8, 9, 10 (2), 11, 12 (1), 12 (2), 13, 16 or 23 of these Regulations shall be guilty of an offence.

(2) If any person fraudulently—

( a ) tampers or otherwise interferes with any meat so as to procure that any sample of it taken under these Regulations does not correctly represent the meat, or

( b ) tampers or otherwise interferes with any sample taken under these Regulations,

he shall be guilty of an offence.

(3) Any person who obstructs or otherwise interferes with an officer of Customs and Excise, a veterinary examiner or an authorised officer in the exercise of a power conferred on him by these Regulations shall be guilty of an offence.

(4) A person guilty of an offence under this Regulation shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.

SCHEDULE

Places within sea ports:—

Any place through which goods may be imported or exported (being a place approved for that purpose by the Revenue Commissioners) and situated within the following locations—

( a ) the ferryport situated within the Port of Dublin at the junction of Alexandra Road and Terminal Road North;

( b ) the ferryport situated at Dun Laoghaire Harbour;

( c ) the ferryport situated within Cork Harbour at Ringaskiddy;

( d ) the ferryport situated at Rosslare Harbour.

2. Places within airports:—

Any place through which goods may be imported or exported (being a place approved for that purpose by the Revenue Commissioners) and situated within the following locations—

( a ) Dublin Airport;

( b ) Cork Aiport;

( c ) Shannon Airport.

3. The following border crossing places:—

Any place through which fresh meat may be imported or exported, being a frontier post or a custom station approved of for that purpose under the Customs (Land Frontiers) Regulations 1968 ( S.I. No. 117 of 1968 ).

GIVEN under my Official Seal this 30 day of October 1987.

MICHAEL O'KENNEDY,

Minister for Agriculture and

Food.

EXPLANATORY NOTE.

The purpose of these Regulations is to provide the necessary level basis for the application in this country of a number of Community Directives concerning public health protection measures for the fresh meat industry, including production and transport requirements and for the taking of meat into Intervention.