Animal Remedies Act, 1993

Possession of animal remedy, etc.

6.—(1) A person shall not have in his possession or under his control—

(a) any animal remedy or any ingredient for an animal remedy for the purpose of selling or otherwise supplying it to another person in contravention of this Act or any regulations made or continued in force or deemed to have been made thereunder,

(b) an animal, knowing it to be an animal to which an animal remedy or an ingredient for such a remedy has been administered, and has possession or control for the purposes of—

(i) selling or otherwise supplying any produce for human consumption which is derived in whole or in part from the animal,

(ii) slaughtering the animal for human consumption, or

(iii) selling or otherwise supplying the animal to another person,

where such slaughter, sale or supply would be in contravention of this Act, or any regulations made or continued in force or deemed to have been made thereunder, or

(c) (i) an animal to which an animal remedy or an ingredient for an animal remedy has been administered, or

(ii) the carcase of such an animal,

where such possession or control or the manner of such possession or control by the person is prohibited by regulations made under or continued in force or deemed to have been made under this Act.

(2) (a) Where a person has possession or control of an animal, being an animal to which an animal remedy or an ingredient for such a remedy has been administered, for the purpose of—

(i) slaughtering the animal, or

(ii) selling or otherwise supplying the animal to another person for the purpose of slaughtering it,

it shall be presumed, until the contrary is shown, that—

(I) the animal would have been slaughtered for the purpose of human consumption, and

(II) the person knew it to be an animal to which an animal remedy or an ingredient for such a remedy has been administered.

(b) Where a person has possession or control of an animal, being an animal to which an animal remedy or an ingredient for such a remedy has been administered, for the purpose of selling or otherwise supplying any produce for human consumption which is derived in whole or in part from the animal, it shall be presumed, until the contrary is shown, that—

(i) the animal was at all material times in the person's possession or control for the purpose of selling or otherwise supplying such produce for human consumption, and

(ii) the person knew it to be an animal to which an animal remedy or an ingredient for such a remedy has been administered.

(3) Where in any proceedings for an offence under this Act it is proved that a person was in possession of an animal remedy or an ingredient for an animal remedy and the court concerned, having regard to the quantity of the remedy or the ingredient which the person possessed or such other matter as the court considers relevant, is satisfied that it is reasonable to assume that the remedy or ingredient was possessed for the purpose of supplying it to another person otherwise than in accordance with this Act or of any regulations made, or continued in force or deemed to have been made, thereunder, it shall be presumed until the contrary is shown that the remedy or ingredient was so possessed.