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

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8Seizure 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, [F1 out of Northern Ireland]…F2 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.

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