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2 2000

NATIONAL BEEF ASSURANCE SCHEME ACT, 2000

PART IV

Miscellaneous

Service of notices.

28. —(1) A notice required or authorised to be served on or sent or given to any person under this Act (other than a body to which subsection (2) applies) may be served on or sent or given to the person—

(a) where it is addressed to the person by name, by delivering it to him or her, or in the case of a partnership by delivery to any of the partners,

(b) by leaving it at the address at which the person ordinarily resides,

(c) by sending it by post in a prepaid registered letter addressed to the person at the address at which the person ordinarily resides, or in a case in which an address for service has been furnished, at that address for service, or

(d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and notice is required to be served on, or given to, the person in respect of any place of work, by delivering it to a person who has attained the age of 16 years and who is resident in or employed at the place of work, or by affixing it in a conspicuous position on or near the place of work.

(2) A notice required or authorised under this Act to be served on or sent or given to a body, whether corporate or unincorporated, may be served on or sent or given to the body—

(a) by leaving it at, or sending it by post in a prepaid registered letter to, the registered office, if any, of the body,

(b) by leaving it at, or sending it by post in a prepaid registered letter to, any place at which the body conducts business,

(c) by sending it by post in a prepaid registered letter to any person who is a director, manager, secretary or other officer of the body or is purporting to act in any such capacity, at the place where the person ordinarily resides, or by leaving it at that place, or

(d) by delivering it to a person who has attained the age of 16 years and who is resident in or employed at the registered office, if any, of the body or place at which the body conducts business.

Authorised officers.

29. —(1) The Minister may appoint such and so many persons as he or she considers necessary to be authorised officers for the purposes of any or all of the provisions of this Act.

(2) The chief executive officer of a health board established under the Health Act, 1970 , may appoint such and so many persons as he or she considers necessary to be authorised officers for the purpose of the implementation of section 6 (1)(d) and (2).

(3) Every person who is appointed pursuant to this section shall be furnished with a certificate of his or her appointment and when exercising a power under this Act shall, if requested by any person thereby affected, produce the certificate.

Continuance of officers.

30. —(1) An officer of the Minister who is an authorised officer or a veterinary inspector, or a veterinary examiner or an inspector for the purposes of any of the following Acts or regulations:

(a) Abattoirs Act, 1988;

(b) Agricultural Produce (Fresh Meat) Acts, 1930 to 1988;

(c) Animal Remedies Act, 1993;

(d) Diseases of Animals Act, 1966;

(e) European Communities (Fresh Meat) Regulations, 1997;

(f) European Communities (Meat Products and Other Products of Animal Origin) Regulations, 1995;

(g) European Communities (Minced Meat and Meat Preparations) Regulations, 1996;

(h) Fertilisers, Feeding Stuffs and Mineral Mixtures Act, 1955;

(i) Livestock Marts Act, 1967,

shall be deemed upon the commencement of this Act to have been appointed under this section for the purposes of this Act.

(2) A person appointed as a whole-time veterinary inspector by a local authority and authorised as an authorised officer under the Abattoirs Act, 1988 , shall be deemed upon the commencement of this Act to have been appointed under this section for the purposes of this Act.

Saving for other Acts, orders and regulations.

31. —This Act is in addition to and not in substitution for the Acts, orders and regulations listed in the Second Schedule and regulations made, continued in force or deemed to have been made under those Acts.

Revocation of licences under other Acts and regulations.

32. —(1) Where the Minister revokes, withdraws or refuses to grant an approval, licence or registration to a participant under—

(a) sections 12(1), 15 and 16 of the Agricultural Produce (Fresh Meat) Act, 1930 ,

(b) section 11 of the Abattoirs Act, 1988 ,

(c) Regulation 4 or 6 of the European Communities (Fresh .Meat) Regulations, 1997,

(d) Regulation 4 or 14 of the European Communities (Meat Products and Other Products of Animal Origin) Regulations, 1995,

(e) Regulation 4 or 8 of the European Communities (Minced Meat and Meat Preparations) Regulations, 1996,

(f) the European Communities (Approval and Registration of Establishments and Intermediaries operating in the Animal Feed Sector) Regulations, 1999 (S.I. No. 88 of 1999).

(g) section 3 of the Livestock Marts Act, 1967 , or

(h) Regulation 13 of the Fertilisers, Feeding Stuffs and Mineral Mixtures Regulations, 1957 (S.I. No. 264 of 1957),

any certificate of approval granted to the participant under this Act is deemed to be revoked.

(2) Sections 16 and 17 shall not apply to a deemed revocation under subsection (1) unless the Act or regulation under which the approval or licence was revoked or refused does not contain a right of appeal.

Orders and regulations.

33. —(1) The Minister may make regulations in relation to any or all of the following matters:

(a) the management and supervision of holdings and premises;

(b) the construction and maintenance of premises, equipment, facilities and amenities of holdings and premises;

(c) the sanitation and operational hygiene of holdings, premises and equipment and the hygiene and health of staff;

(d) the documentation of operational procedures relating to—

(i) sourcing, intake and storage of animals, carcases, meat, feedingstuffs and raw materials,

(ii) production stages and controls,

(iii) manufacturing stages and controls,

(iv) storage and refrigeration,

(v) wrapping, packaging and distribution, and

(vi) product withdrawal.

(2) The Minister may by order amend the Second Schedule by making additions thereto or deletions therefrom.

(3) Regulations made by the Minister under this Act shall contain such incidental, supplemental and consequential provisions as the Minister considers necessary.

(4) A person who fails to comply with the regulations made under subsection (1) or under section 7 , 12 or 19 shall be guilty of an offence.

(5) Every regulation and order, other than an order under section 1 (2), made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either House within the next 21 days on which the House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Expenses.

34. — The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.