Agricultural Produce (Meat Regulation and Pig Industry) Act (Northern Ireland) 1962

PART I N.I. Provisions as to sending of meat, bacon and dead rabbits [F1 out of Northern Ireland]

F1 1965 c. 3 (NI)

1 Restriction on sending meat out of Northern Ireland. N.I.

(1) Except as otherwise provided by this Act, a person shall not send or attempt to send meat [F2 out of Northern Ireland]….F3 unless he holds a licence granted under section two and the meat—

(a )F4 has been inspected by a veterinary inspector or an authorised meat detention officer under the supervision of a veterinary inspector and [F5 samples of the meat have been subjected to the tests, if any, required by him and the meat has been] found and certified by him to comply with the prescribed requirements; and

Para. (b) rep. by 1970 c. 20 (NI)

(c) [F6 is meat from animals which have been inspected and slaughtered in, and has been prepared, treated, stored, packed and (where it is processed meat) processed in,] and is sent from premises registered under section three; and

(d )F4 is accompanied by a certificate in such form as may be prescribed [F7 and

(e) where it is being sent to another member state of the European Economic Community, complies with the requirements of the rules of the Community on health problems affecting trade in meat between member states of the Community and is sent from premises registered under section 3 (1A) and approved for such trade.]

• Subs. (2) rep. by 1965 c. 3 (NI); 1977 NI 12

• Subs. (3) rep. by 1977 NI 12

(4) The Ministry of Agriculture (in this Act referred to as “the Ministry” ) may by regulations exempt from the provisions of this section tripe, gut and other offals regarded by the Ministry as of a similar nature which have been passed as fit for human consumption by a [F8 district council] and have been treated and prepared for sending in the manner prescribed by the regulations.

(5) Any person who sends or attempts to send meat [F2 out of Northern Ireland] in contravention of this section shall be guilty of an offence under this Act.

F2 1965 c. 3 (NI)

F3 1965 c. 3 (NI)

F4 1977 NI 12

F5 1970 c. 20 (NI)

F6 1970 c. 20 (NI)

F7 1977 NI 12

F8 SRO (NI) 1973/343

2 Licences for sending meat out of Northern Ireland. N.I.

(1) Subject to the provisions of this Act, the Ministry shall have power to grant, revoke and suspend licences (in this Act called “meat shipping licences”) authorising the persons named therein to send meat [F9 out of Northern Ireland]…

F10 (2) The Ministry shall, on application being made in the prescribed manner and on payment of the fee specified in sub-section (3), grant a meat shipping licence upon such conditions as may be prescribed but may refuse to grant a licence to an applicant who formerly held a licence under this section or under section two of the Agricultural Produce (Meat Regulation) Act (Northern Ireland), 1930 [1930 c.23] , and whose licence has been revoked or the renewal of whose licence the Ministry has refused.

(3) F11 The fee for the granting or renewal of a licence under this section shall be one pound but no fee shall be payable by a licensed bacon curer for the granting or renewal of such a licence.

F9 1965 c. 3 (NI)

F10 1965 c. 3 (NI)

F11 Power to vary or abolish fee, 1968 c. 8 (NI)

3 Registration of premises. N.I.

(1) There shall be kept by the Ministry a register of premises (in this Act referred to as “registered premises” ) to be used…F12 for the slaughter of animals meat from which is intended for sending [F13 to Great Britain or to a country which is not a member state of the European Economic Community] [F14 or for the preparation, treatment, storing, processing, or packing of such meat], and the following provisions shall apply with respect to the registration of such premises:—

(a) the Ministry may refuse to register or may cancel the registration of any premises where the premises or the equipment therein do not conform to the conditions prescribed by regulations made under section six, or where the standard of hygiene practised in the premises is considered by the Ministry to be unsatisfactory, or where the registration was obtained by fraud or misrepresentation, or where, in relation to the premises, there has been any contravention of this Act or regulations made thereunder, and may cancel the registration at the request of the owner;

(b) the Ministry may refuse to register any premises if it is not satisfied that the animals, the carcases of which are to be handled therein, will be available for inspection before slaughter and may cancel the registration of any premises if it is satisfied that such animals have not been so available;

(c) the Ministry before registering any premises not registered at the date of the passing of this Act shall consult the [F15 district council for the district] in which the premises are situate.

F16 [(1A) There shall be kept by the Department a register of premises (in this Act referred to as “EEC registered premises”) to be used for the slaughter of animals the meat from which is intended for sending to another member state of the European Economic Community or for the preparation, treatment, storing, processing or packing of such meat being premises and equipment which conform to the requirements of the rules of that Community on health problems affecting trade in meat between member states of the Community.]

(2) [F13 Registers] kept under this section shall contain such particulars as may be prescribed, and any application for the registration of premises shall be made in the prescribed manner.

(3) Any premises registered immediately before the passing of this Act under the Agricultural Produce (Meat Regulation) Act (Northern Ireland), 1930 [1930 c.23] , shall be deemed to be registered under this Act.

F12 1970 c. 20 (NI)

F13 1977 NI 12

F14 1970 c. 20 (NI)

F15 SRO (NI) 1973/343

F16 1977 NI 12

4 Permits for consignments of meat in exceptional cases. N.I.

(1) The Ministry may, in such exceptional cases and upon such conditions as it thinks fit, grant permits authorising meat of a particular kind and quantity to be sent [F17 out of Northern Ireland]…F18 and section one shall not apply to any meat sent under such a permit.

(2) A person who, being the holder of a permit under this section, sends or attempts to send meat [F17 out of Northern Ireland] in breach of any condition of his permit shall be guilty of an offence under this Act.

F17 1965 c. 3 (NI)

F18 1965 c. 3 (NI)

5 Liability of carriers. N.I.

Any carrier who accepts or carries any meat which is being, or intended to be, [F19 out of Northern Ireland]…F20 , sent and which is not accompanied by the prescribed certificate or prescribed indication as to the sender's identity, or by a permit relating to such meat granted under section four, shall be guilty of an offence under this Act.

F19 1965 c. 3 (NI)

F20 1965 c. 3 (NI)

6 Preparation, carriage, grading, packing and marking of meat. N.I.

The Ministry may make regulations under this Act in regard to—

(a) standards to be required for the structure of premises to be registered under section three and for equipment to be used therein and the maintenance of the premises and the equipment in a sound and hygienic condition;

(b) the conditions to be observed in connection with [F21 the inspection and slaughter of animals meat from which is intended for sending out of Northern Ireland and the inspection, preparation, treatment, storing, processing and carriage of such meat]; and

(c) the [F22 classification], grading, packing and marking of such meat;

but no such regulation as to marking shall be made so as to interfere with the lawful use by any person of a particular mark or brand for the purposes of his trade or business.

F21 1970 c. 20 (NI)

F22 1967 c. 21 (NI)

7 Provisions as to dead rabbits. N.I.

(1) The Ministry may, in connection with the sending of dead rabbits [F23 out of Northern Ireland]…F24 , make regulations under this Act in regard to all or any of the following matters, that is to say:—

(a) the inspection of consignments of dead rabbits in respect of quality and soundness for food;

(b) for imposing standards for buildings and equipment and for securing their maintenance in a sound and hygienic condition;

(c) the manner of storing and packing dead rabbits, including the materials and packages to be used for such packing;

(d) the cleanliness and sterilisation of such materials and packages;

(e) the limit of weight of any one package of dead rabbits;

(f) the marking of such packages so as to indicate compliance with any such regulations.

(2) All dead rabbits sent [F23 out of Northern Ireland]…F24 shall be packed and marked in accordance with regulations made under this section but no such regulation as to the marking of packages shall be made so as to interfere with the lawful use by any person of a particular mark or brand for the purposes of his trade or business.

(3) There shall be payable to the Ministry, in respect of the inspection of dead rabbits in accordance with regulations made under sub-section (1), such fees as may be prescribed by the Ministry with the approval of the Ministry of Finance and such fees shall be payable by such persons and at such times as may be so prescribed.

(4) Every person who sends, or attempts to send, [F23 out of Northern Ireland]…F24 any dead rabbits in contravention of regulations made under this section shall be guilty of an offence under this Act.

(5) If any regulation is made as to the marking of packages under paragraph ( f) of sub-section (1), then any carrier who accepts or carries any dead rabbits to which such regulation applies, which are being or intended to be sent [F23 out of Northern Ireland]…F24 and which are not marked in accordance with that regulation, shall be guilty of an offence under this Act.

F23 1965 c. 3 (NI)

F24 1965 c. 3 (NI)

8 Seizure and detention of consignments. N.I.

(1) A member of the Royal Ulster Constabulary, or an authorised officer, shall have power to seize and detain in custody any consignment of meat which is being sent, or which he has reason to suspect is being sent, [F25 out of Northern Ireland]…F26 in contravention of any provision of this Act or regulations made thereunder, or in breach of any condition of a licence or permit granted under this Act.

(2) Where any person detains any meat in his custody under this section, he shall, as soon as conveniently may be, take such steps as may be proper to have the person believed to be guilty of the offence committed, or believed to have been committed, in relation to such meat dealt with according to law.

(3) Where any person detains any meat in his custody under this section and the meat becomes or is likely to become unfit for human consumption before the matter can be conveniently dealt with by any court, such person shall produce the meat to a justice of the peace who, if he is of opinion that the meat ought to be destroyed or otherwise disposed of, shall give to the person producing the meat a certificate in writing describing the same and authorising such person to destroy or otherwise dispose of the meat and such certificate shall be conclusive evidence in every court of such matters of fact as are stated therein.

(4) A person given a certificate under sub-section (3) shall destroy or otherwise dispose of the meat as authorised by the certificate and where the certificate authorises a sale of the meat shall, subject to sub-section (5), pay the proceeds, less any expenses incurred by the Ministry or a member of the Royal Ulster Constabulary in connection with the seizure, detention or sale, to the consignor.

(5) Where an offence in connection with meat seized and detained under this section has been proved to have been committed, the meat or, where the meat has been sold under sub-section (4), the proceeds of its sale shall be disposed of or dealt with in such manner as the Ministry may direct.

(6) Subject to sub-section (5), where a person in respect of whose alleged offence meat has been seized and detained under this section has been dealt with according to law, the meat seized and detained shall, if not destroyed or otherwise disposed of under sub-section (4), be released and delivered to the consignor at the place of detention or, if the consignor fails to take delivery at such place, shall be sold and the proceeds, less any expenses incurred by the Ministry or a member of the Royal Ulster Constabulary in connection with such seizure, detention or sale, shall be paid to the consignor.

(7) Where any meat has been detained, destroyed or otherwise disposed of under this section, and the Ministry is satisfied that the person detaining, destroying or disposing of the same had no reasonable grounds for believing that an offence under this Act was committed in relation to such meat, and no such offence has been proved to have been committed, then the Ministry shall pay such compensation to the consignor, for loss or damage sustained by him by reason of the detention, destruction or disposal of such meat, as the Ministry may think just.

(8) A person aggrieved by the refusal of the Ministry to pay compensation, or by the amount of compensation offered by the Ministry, under sub-section (7) may appeal to the county court and that court may make an order for the payment by the Ministry of such compensation as the court thinks just and the Ministry shall comply with the terms of any such order.

(9) This section shall apply to dead rabbits in like manner as it applies to meat.

F25 1965 c. 3 (NI)

F26 1965 c. 3 (NI)

9 Application of this Part. N.I.

(1) The provisions of this Part shall not apply to—

(a) meat as respects which the Ministry or an authorised officer is satisfied that it is not the produce of Northern Ireland and which is not unpacked in Northern Ireland before being sent [F27 out of Northern Ireland], but so that the package bears no mark or other indication calculated to lead to the belief that the meat is the produce of Northern Ireland;

Para. (b) rep. by 1977 NI 12

(c) small consignments of meat not exceeding such weight as the Ministry may prescribe for particular classes of meat.

(2) Sub-section (1) shall apply to dead rabbits in like manner as it applies to meat.

Subs. (3) rep. by 1984 NI 2

F27 1965 c. 3 (NI)