First Previous (PART II National Beef Assurance Scheme.) Next (PART IV Miscellaneous)

2 2000

NATIONAL BEEF ASSURANCE SCHEME ACT, 2000

PART III

Enforcement.

Powers of authorised officers and Garda Síochána.

23. —(1) Without prejudice to any other Act or regulation, an authorised officer or a member of the Garda Síochána may—

(a) enter, by force if necessary, at any time, any holding, premises, vehicle, vessel, aircraft or container where he or she reasonably suspects that the production, processing, trading, storage or otherwise handling of animals, carcases or meat for human consumption or the manufacture or trade of feedingstuffs is taking place,

(b) search for and inspect any records, in whatever form kept, in or on the holding, premises, vehicle vessel, aircraft or container that relate to the production, processing, trading, storage or otherwise handling of animals, carcases or meat for human consumption or the manufacture or trade of feedingstuffs and

(c) take copies of, or remove, any records, in whatever form found, in or on the holding, premises, vehicle, vessel, aircraft or container for examination or for the purposes of any proceedings under this Act.

(2) The person in charge of a holding, premises, vehicle, vessel, aircraft or container, where an authorised officer or a member of the Garda Síochána reasonably suspects that the production, processing, trading or otherwise handling of animals, carcases or meat for human consumption or the manufacture or trade of feedingstuffs is taking place, shall, on request by the authorised officer or the member of the Garda Síochána—

(a) produce all records, in whatever form kept, in or on the holding, premises, vehicle, vessel, aircraft or container and shall permit the authorised officer or the member of the Garda Síochána to inspect, copy or, as the case may be, remove the records, and

(b) provide any information that may reasonably be required in relation to the production, processing, trading or otherwise handling of animals, carcases or meat for human consumption or for the manufacture or trading of feedingstuffs.

(3) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under subsection (4) authorising the entry.

(4) If a judge of the District Court is satisfied on the sworn information of an authorised officer or a Garda Síochána that there are reasonable grounds for suspecting that evidence of or relating to the commission or intended commission of an offence under this Act is to be found in, on or under any holding or premises or in or on any vehicle, vessel, aircraft or container and that such holding, premises, vehicle, vessel, aircraft or container or any part thereof consists of a dwelling, the judge may issue a search warrant.

(5) A search warrant issued under subsection (4) shall be expressed and operate to authorise named authorised officers or members of the Garda Síochána, accompanied if appropriate by other authorised officers or members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter the dwelling, by force if necessary, and exercise all or any of the powers conferred on an authorised officer under this section.

(6) An authorised officer, or a member of the Garda Síochána, in the exercise of the powers conferred on him or her by subsection (1), may seize, detain and remove any animals, carcases or meat intended for human consumption or feedingstuffs or other thing that he or she finds in or on a holding or premises or in or on a vehicle, vessel, aircraft or container which is not in compliance with this Act or which is, or he or she reasonably suspects is, unfit for human or animal consumption, as the case may be.

(7) Whenever an authorised officer or a member of the Garda Síochána seizes, detains or removes any animal, carcase, meat or feedingstuff pursuant to subsection (6), he or she shall cause the animal, carcase, meat or feedingstuff to be examined by a veterinary inspector or agricultural inspector, and if the veterinary inspector or the agricultural inspector declares that the animal, carcase, meat or feedingstuff has not been produced, processed, traded or otherwise handled in accordance with the requirements of this Act, or is unfit for human consumption or animal consumption, as the case may be, the animal, carcase, meat or feedingstuff shall be disposed of or destroyed in accordance with the directions of the veterinary inspector or the agricultural inspector.

(8) The cost of disposing of the animals, carcases, meat or feedingstuffs may be recovered by the Minister from the owner of the holding or premises or the vehicle, vessel, aircraft or container, as the case may be, as a simple contract debt in any court of competent jurisdiction.

Seizures and disposals.

24. —(1) Where in the course of exercising any powers under this Act an authorised officer or a member of the Garda Síochána finds or comes into possession of any thing that the officer or member believes to be evidence of any offence or suspected offence under this Act, it may be seized and retained for use in evidence in criminal proceedings.

(2) Where any thing seized from a person under subsection (1) is disposed of by or on behalf of the State, the costs of the disposal may be recovered from the person as a simple contract debt in any court of competent jurisdiction.

Penalties.

25. —(1) A person guilty of an offence under this Act shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or both,

(b) on conviction on indictment, to a fine not exceeding £100,000 or to imprisonment for a term not exceeding 5 years or both.

(2) The Court may, upon conviction, order any thing that in the opinion of the court was used for the purpose of the commission of an offence under this Act to be forfeited to the Minister and either destroyed or disposed of in such manner as the Minister may determine.

(3) A person who obstructs or interferes with an authorised officer or a member of the Garda Síochána in the exercise of the officer's or member's powers under this Act, or gives an authorised officer or member of the Garda Síochána information that is false or misleading, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or both.

(4) Where an offence under this Act is committed by a body corporate and it is proved to have been committed with the consent or connivance or approval of, or to be attributable to any neglect on the part of, any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or any person who was acting or purporting to act in any such capacity, that person shall be guilty of an offence and shall be liable to be proceeded against and punished as if guilty of the first-mentioned offence.

(5) Where the affairs at a body corporate are managed by its members, subsection (4) applies as if the reference to a director in that subsection were a reference to a member of the body corporate.

Prosecution of summary proceedings.

26. —(1) Proceedings in relation to a summary offence under this Act may be brought and prosecuted by the Minister.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within 2 years from the date of the offence.

Jurisdiction of Courts.

27. —(1) The jurisdiction conferred on the Circuit Court by this Act shall be exercised by the judge for the time being assigned to the circuit where the participant concerned resides or carries on business.

(2) The jurisdiction conferred on the District Court by this Act shall be exercised by the judge for the time being assigned to the District Court Area where the participant concerned resides or carries on business.