|
|
|
S.I. No. 362/1992:
EUROPEAN
COMMUNITIES (LIVE POULTRY AND HATCHING EGGS) REGULATIONS, 1992.
|
|
|
|
EUROPEAN COMMUNITIES (LIVE POULTRY AND HATCHING EGGS) REGULATIONS, 1992.
|
|
|
|
I, JOE WALSH, Minister for Agriculture and Food, in exercise of the
powers conferred on me by section 3 of the European Communities Act, 1972
(No. 27 of 1972) and for the purpose of giving effect to Council Directive
No. 90/539/EEC(1) of 15 October 1990, hereby make the following
Regulations:—
|
|
|
|
(1) O.J. No. L303/6, 31.10.90.
|
|
|
|
1. (1) These Regulations may be cited as the European Communities (Live
Poultry and Hatching Eggs) Regulations, 1992.
|
|
|
|
(2) These Regulations shall come into operation on the first day of
January, 1993.
|
|
|
|
2. (1) These Regulations shall have effect for the purposes of the export
of live poultry and hatching eggs to another Member State and
"export" and cognate words shall be construed accordingly.
|
|
|
|
(2) These Regulations shall not apply to poultry for exhibitions, show or
contests.
|
|
|
|
3. (1) In these Regulations—
|
|
|
|
"authorised officer" means a person authorised in writing by
the Minister to exercise for the purposes of these Regulations and the
Council Directive the powers conferred on an authorised officer by these
Regulations;
|
|
|
|
"the Council Directive" means Council Directive No. 90/539/EEC
of 15 October 1990;
|
|
|
|
"export" has the meaning assigned to it by Regulation 2;
|
|
|
|
"Member State" means a Member State of the European Economic
Community;
|
|
|
|
"the Minister" means the Minister for Agriculture and Food;
|
|
|
|
"official veterinarian" means an authorised officer who is a
veterinary surgeon.
|
|
|
|
(2) A word or expression that is used in these Regulations and is also
used in the Council Directive has, unless the contrary intention appears,
the meaning in these Regulations that it has in the Council Directive.
|
|
|
|
(3) ( a ) In these Regulations a reference to a Regulation is
to a Regulation of these Regulations, unless it appears that reference to
some other enactment is intended.
|
|
|
|
( b ) In these Regulations a reference to a paragraph or
subparagraph is to the paragraph or subparagraph of the provision in which
the reference occurs, unless it is indicated that reference to some other
provision is intended.
|
|
|
|
4. (1) A person shall not export poultry or hatching eggs unless they—
|
|
|
|
( a ) come from establishments which—
|
|
|
|
(i) have been approved by the Minister in
accordance with Regulation 5 and such approval has not been suspended under
Regulation 6 or is not for the time being revoked under Regulation 7, and
|
|
|
|
(ii) otherwise comply with the provisions of the Council Directive;
|
|
|
|
( b ) comply with the provisions of the Council Directive;
|
|
|
|
( c ) are accompanied by a health certificate, duly
completed, in the appropriate form as specified in Annex IV to the Council
Directive and signed by an official veterinarian;
|
|
|
|
( d ) are transported, stored, packaged and kept in
accordance with the provisions of the Council Directive.
|
|
|
|
(2) Notwithstanding the provisions of subparagraph (1) (a), a
person shall not export slaughter poultry or poultry intended for
re-stocking supplies of game unless they come from a holding which complies
with the provisions of the Council Directive and, in particular, Article 10
thereof.
|
|
|
|
(3) Notwithstanding the provisions of subparagraphs (1) (a) and (d),
a person shall not export poultry or hatching eggs comprising fewer than 20
units unless, at the time of consignment, they come from a flock which
complies with the terms of the Council Directive and, in particular, Article
11 (2) thereof.
|
|
|
|
5. (1) The Minister may, for the purposes of the Council Directive, grant
approval to an establishment in respect of which he is satisfied that—
|
|
|
|
( a ) the conditions as regards facilities and operation set
out in Chapter II of Annex II to the Council Directive are complied with,
|
|
|
|
( b ) a disease surveillance programme, taking into account
the provisions of Chapter III of Annex II to the Council Directive, is being
applied and adhered to,
|
|
|
|
( c ) it contains only poultry,
|
|
|
|
( d ) it provides every facility for the carrying out of the
functions of authorised officers under Regulation 9.
|
|
|
|
(2) When the Minister approves of an establishment in accordance with
paragraph (1), he shall allocate a serial number to the establishment and
shall notify the owner or person in charge of the establishment in writing
of the approval and of the serial number.
|
|
|
|
(3) The Minister may attach conditions to an approval under this
Regulation at the time of the grant of the approval or subsequently and may
amend or revoke a condition attached to the approval and shall notify the
owner or person in charge of the establishment concerned in writing of the
conditions, amendment or revocation concerned.
|
|
|
|
(4) The Minister may, if he is not satisfied that the relevant provisions
of the Council Directive are being or will be complied with in relation to
an establishment, refuse to approve of the establishment under this
Regulation and shall notify the owner or person in charge of the
establishment in writing of the refusal.
|
|
|
|
(5) The Minister shall not—
|
|
|
|
( a ) refuse to approve of an establishment under this
Regulation, or
|
|
|
|
( b ) attach a condition to an approval under this Regulation
or amend or revoke such a condition, without—
|
|
|
|
(i) notifying the holder of, or applicant
for, the approval of his intention to refuse the application, or attach,
amend or revoke the condition, as the case may be,
|
|
|
|
(ii) specifying his reasons for the refusal, or the attaching,
amendment or revocation of the condition, or
|
|
|
|
(iii) affording the holder of, or applicant for, the approval an
opportunity of making representations or having representations made on his
behalf to the Minister in relation to the proposed refusal or the attaching,
amendment or revocation of the condition, as the case may be, within 14 days
of the receipt by that person of the notification referred to in
subparagraph (i) and having had regard to any such
representations.
|
|
|
|
6. (1) The Minister shall suspend the approval granted to an
establishment in accordance with Regulation 5—
|
|
|
|
( a ) where he is satisfied that the conditions laid down in
Chapter II of Annex II to the Council Directive are no longer met,
|
|
|
|
( b ) where, without prejudice to the provisions of paragraph
(a) of Regulation 7, avian influenza or Newcastle disease is
suspected at the establishment,
|
|
|
|
( c ) if the results of surveillance carried out in
accordance with the conditions laid down in Chapters II and III of Annex II
to the Council Directive for infection by Salmonella pullorum,
Salmonella gallinarum, Salmonella arizonae, Mycoplasma gallisepticum or Mycoplasma meleagridis give cause to suspect infection, until such
time as any tests which the official veterinarian may reasonably require,
carry out or have carried out confirm to his satisfaction the absence of
such infection,
|
|
|
|
( d ) until completion of the appropriate measures required
by an official veterinarian in a notice served on the owner or person in
control of the establishment, where he forms an opinion that the
establishment does not conform to the requirements of Chapter I, paragraph 1
(a), (b) or (c) of Annex II to the Council Directive.
|
|
|
|
(2) A requirement contained in a notice referred to in subparagraph (1) (d)—
|
|
|
|
( a ) may specify a time limit within which it is to be
complied with,
|
|
|
|
( b ) may be modified or withdrawn in a further such notice
and in that event the earlier notice shall have effect subject to such
modification or withdrawal.
|
|
|
|
(3) A notice referred to in subparagraph (1) (d) or in paragraph (c)
of Regulation 7 may be served on the owner or person in control of the
establishment as the case may be by delivery of it by hand, or by sending it
by prepaid registered post to or by leaving it at the address of the
establishment approved in accordance with Regulation 5.
|
|
|
|
7. The Minister shall withdraw the approval granted to an establishment
in accordance with Article 5—
|
|
|
|
( a ) where avian influenza or Newcastle disease occurs at
the establishment;
|
|
|
|
( b ) where tests referred to in subparagraph (1) (c)
of Regulation 6 confirm, to the satisfaction of the official veterinarian,
the presence of infection by Salmonella pullorum,
Salmonella gallinarum. Salmonella arizonae, Mycoplasma gallisepticum or Mycoplasma meleagridis;
|
|
|
|
( c ) where a requirement in a notice served in accordance
with subparagraph (1) (d) of Regulation 6 has not been complied with
to the satisfaction of the official veterinarian within a time limit
specified under subparagraph (2) (a) of that Regulation and a notice (in
this paragraph referred to as "the second notice") containing that
requirement and specifying a further time limit has been served on the owner
or person in control of the establishment, on the expiry of that further
time limit in the event of the said requirement not being complied with in
accordance with the second notice.
|
|
|
|
8. The Minister may restore approval—
|
|
|
|
( a ) if approval has been withdrawn in accordance with
paragraph (a) of Regulation 7—
|
|
|
|
following a period of 21 days after cleansing and disinfection of
the establishment if sanitary slaughter has been carried out to the
satisfaction of the official veterinarian;
|
|
|
|
( b ) if approval has been withdrawn because of infection by
Salmonella pullorum, Salmonella gallinarum or Salmonella arizonae—
|
|
|
|
when any tests which the official veterinarian may reasonably
require, have been carried out, including two tests performed with an
interval of at least 21 days on the establishment and after disinfection
following sanitary slaughter of the infected flock, confirm the absence of
the infection to the satisfaction of the official veterinarian;
|
|
|
|
( c ) if approval has been withdrawn because of infection by Mycoplasma gallisepticum or Mycoplasma meleagridis—
|
|
|
|
when any tests which the official veterinarian may reasonably
require, have been carried out, including two tests performed on the entire
flock with an interval of at least 60 days, confirm the absence of the
infection to the satisfaction of the official veterinarian.
|
|
|
|
9. (1) An authorised officer, on production of the officer's
authorisation if so required by any person affected, may, for the purposes
of these Regulations and the Council Directive—
|
|
|
|
( a ) at all reasonable times, enter an approved
establishment or any other premises or place, including any land, vehicle,
wagon, vessel, aircraft or other means of transport, where he reasonably
suspects that there are or have been poultry or hatching eggs intended for
export or any establishment in respect of which an application for an
approval under Regulation 5 has been made to the Minister,
|
|
|
|
( b ) there or at any other place, carry out or have carried
out such examinations, tests, checks and inspections of the premises or
place and any equipment, machinery or plant thereat and any article,
substance or liquid found thereat as he reasonably considers necessary or
expedient for the purposes of his functions under these Regulations and the
Council Directive,
|
|
|
|
( c ) examine and check the general state of health of or
take samples from any poultry on or at the premises or place,
|
|
|
|
( d ) take, without payment, such samples of any poultry,
eggs, article, substance or liquid at the premises or place as he may
reasonably require for the purposes of such functions and carry out or have
carried out on the samples such examinations, checks and inspections as he
considers necessary or expedient for the purposes of such functions,
|
|
|
|
( e ) require any person at the premises or place and the
owner or person in charge thereof and any person employed in connection
therewith to give to him such information and to produce to him such books,
documents and other records within the power or procurement of the person as
he may reasonably require for the purposes of such functions,
|
|
|
|
( f ) examine and take copies of, or extracts from, any such
records as aforesaid,
|
|
|
|
( g ) seize and detain any poultry or eggs which he
reasonably believes to have been produced in contravention of these
Regulations or the Council Directive.
|
|
|
|
(2) A person who obstructs or otherwise interferes with an authorised
officer in the performance of his functions under this Regulation or who, in
purported compliance with a requirement under paragraph (1) (e),
gives information to an authorised officer that he knows to be false or
misleading in a material respect shall be guilty of an offence.
|
|
|
|
(3) For the purposes of this Regulation—
|
|
|
|
"poultry" includes poultry carcases or parts thereof;
|
|
|
|
"eggs" includes eggs in liquid form.
|
|
|
|
10. (1) The Minister may where he believes there is a risk to public or
animal health—
|
|
|
|
( a ) with the consent of the owner of the poultry or eggs
seized or detained in accordance with subparagraph (1) (g) of
Regulation 9, destroy or cause to be destroyed the poultry or eggs in such
manner as the Minister may direct, or
|
|
|
|
( b ) make application to the District Court for destruction
of the poultry or eggs in accordance with the provisions of this Regulation.
|
|
|
|
(2) ( a ) Notice of an application made pursuant to paragraph
(1) shall be served on the owner or person in charge for the time being of
the poultry or eggs to which paragraph (1) relates at least seven days prior
to the hearing of the application.
|
|
|
|
( b ) The owner or person in charge of the poultry or eggs to
which paragraph (1) relates shall be entitled to be heard and to adduce
evidence at the hearing of the application brought under paragraph (1).
|
|
|
|
(3) ( a ) Where an application is made to the District Court
under paragraph (1) that Court, if it is satisfied in relation to the
poultry or eggs that it constitutes a risk to public or animal health and
that it has been produced in contravention of these Regulations or the
Council Directive, shall order the destruction of such poultry or eggs
within the time and in such manner as specified in such order.
|
|
|
|
( b ) Either party aggrieved by the order made by the
District Court on determining an application under this Regulation may, not
later than the expiration of the period of seven days beginning on the date
of the order, appeal therefrom to the Judge of the
Circuit Court within whose circuit is situate the courthouse in which the
decision of the District Court was given, and the decision of the Judge on
such appeal shall be final.
|
|
|
|
( c ) Notice of an appeal made pursuant to subparagraph (b)
of this paragraph shall be served on the other party at least seven days
prior to the hearing of the appeal by the Circuit Court.
|
|
|
|
( d ) The notice of appeal shall contain a statement of the
grounds upon which it is alleged that the order or any of the terms thereof
are not justified.
|
|
|
|
( e ) A copy of the notice of appeal shall be lodged with the
Circuit Court Clerk at least seven days prior to the hearing of the appeal.
|
|
|
|
( f ) The other party shall, as well as the appellant, be
entitled to be heard and to adduce evidence at the hearing of the appeal
brought under subparagraph (b).
|
|
|
|
(4) On the hearing of an appeal under paragraph (3) the Judge of the
Circuit Court may, at his discretion, confirm, with or without modification,
or annul the order of the District Court.
|
|
|
|
(5) ( a ) Where an order is made under this Regulation, a
person shall not sell, move, dispose of or otherwise interfere or deal with
the poultry or eggs other than in accordance with that order.
|
|
|
|
( b ) In the event of an appeal, pursuant to paragraph (3), no
person appealing shall sell, move, dispose of or otherwise interfere or deal
with the poultry or eggs concerned pending the determination of the appeal
otherwise than in accordance with the consent in writing of an authorised
officer.
|
|
|
|
( c ) Where the terms of an order made under this Regulation
are confirmed with or without modification by the Judge of the Circuit Court
hearing the appeal made under paragraph (3), no person, including the person
who made the appeal, shall sell, move, dispose of or otherwise interfere or
deal with the poultry or eggs concerned other than in accordance with such
order as confirmed.
|
|
|
|
(6) Where an order made under paragraph (3) or (5) requires the poultry
or eggs to which it relates to be disposed of by an authorised officer or
where the order requires or indicates that the poultry or eggs be disposed
of at the expense of the owner, or where the consent of the owner has been
obtained to destroy such poultry or eggs, the cost of destruction and
disposal shall be recoverable by the Minister as a simple contract debt in
any court of competent jurisdiction from the person who was the owner of the
poultry or eggs at the time the order was made or consent was obtained.
|
|
|
|
(7) ( a ) In this Regulation "District Court" means
the Judge of the District Court having jurisdiction in the District Court
District where the poultry or eggs are situated or the Judge of the District
Court having jurisdiction in the District Court District where the owner or
person in charge of the poultry or eggs resides or carries on business.
|
|
|
|
( b ) For the purposes of subparagraph (a), the
poultry or eggs shall be deemed to be situated within a District Court
District if it is situated on a farm or premises which lies wholly or partly
within such District.
|
|
|
|
11. (1) A person who contravenes a provision of these Regulations shall
be guilty of an offence.
|
|
|
|
(2) A person guilty of an offence under these Regulations shall be liable
on summary conviction to a fine not exceeding £1,000 or to imprisonment for
a term not exceeding 12 months or to both.
|
|
|
|
(3) Where an offence under these Regulations has been committed by a body
corporate and is proved to have been so committed with the consent or
connivance of or be attributable to any neglect on the part of a person,
being a director, manager, secretary or other officer of the body corporate
or a person who was purporting to act in any such capacity, that person, as
well as the body corporate, shall be guilty of an offence and shall be
liable to be proceeded against as if he were guilty of the first-mentioned
offence.
|
|
|
|
12. An offence under these Regulations may be prosecuted by the Minister.
|
|
|
|
13. (1) ( a ) There shall be charged by the Minister in
respect of an approval under Regulation 5 such fee as the Minister with the
consent of the Minister for Finance, may determine.
|
|
|
|
( b ) A fee charged under this Regulation shall be payable by
the owner or person in charge of the establishment to which the approval
concerned relates and the Minister may refuse to give an approval until the
fee under this Regulation in respect thereof has been paid.
|
|
|
|
(2) Fees under this Regulation shall be collected and taken in such
manner as the Minister for Finance directs and shall be paid into or
disposed of for the benefit of the Exchequer in accordance with the
directions of the Minister for Finance.
|
|
|
|
(3) A fee payable under this Regulation may be recovered by the Minister
from the person by whom it is payable as a simple contract debt in any court
of competent jurisdiction.
|
|
|
|
(4) A fee charged under this Regulation shall not exceed an amount equal
to the costs, estimated by the Minister, incurred in relation to the
approval concerned and the performance of functions under the Regulations in
relation to the establishment concerned by authorised officers for the
purposes of the approval.
|
|
|
|
(5) The Public Offices Fees Act, 1879, shall not apply in respect of fees
under this Regulation.
|
|
|
|
14. The powers conferred by Regulation 11 of the Food Hygiene
Regulations, 1950 ( S.I. No. 205 of 1950 ), shall not be exercised on or in
respect of premises which for the time being stand approved of under
Regulation 5 and neither Regulation 25 nor Part IV of those Regulations
shall apply in respect of such premises.
|
|
|
|
15. These Regulations are in addition to and not in substitution for the Poultry
Hatcheries Act, 1947 (No. 49 of 1947) and the Fowl Pest Order, 1950 ( S.I.
No. 15 of 1950 ).
|
|
|
|
GIVEN under my
Official Seal, this 30th day of November, 1992.
|
|
|
|
JOE WALSH,
|
|
|
|
Minister for
Agriculture and Food.
|
|
|
|
EXPLANATORY
NOTE.
|
|
|
|
These Regulations implement EC Council Directive (90/539/EEC) of 15th
October, 1990 on animal health conditions governing intra-Community trade
in, and imports from third countries of, poultry and hatching eggs.
|
|
|
|
They also provide for: (a) approval of establishments for the
purpose of these Regulations; (b) approval of authorised officers to
enforce the Regulations and (c) the prosecution of offences.
|
|
|
|
|