Animal Disease Enforcement

Regulations  may permit the detention onboard vessels, aircraft, etc., vehicles and any consignment, the landing of which would contravene the legislation. They may permit the export of any consignment landed in contravention of the order.

They may prohibit and regulate the movement of animals within or out of landing places and provide for exemptions by way of a licence. They may prescribe and regulate inspection and examination and the time and conditions of the slaughter of animals. They may prescribe and regulate the disposal of animals. They may prescribe and regulate the cleansing and disinfection of landing places. They may regulate the movements of persons in and out of landing places.

They may require imported animals, whether as a condition of landing, to be marked by tagging or otherwise. They may provide for disease testing of imported animals.

The Department may, by order, prohibit and regulate the importation of poultry or eggs. They may authorize the destruction of imported eggs. They may provide exemptions by way of a licence.

The Department, in the interest of animal health and human health, may by order regulate the exportation from Northern Ireland of animals or poultry or carcasses of animals or poultry. In particular, they may prohibit exportation without such a certificate or licence, as may be prescribed.

The Department may specify a livestock genotype which is more susceptible than others to infection by transmissible spongiform encephalopathies or to become a carrier of a form of TSE.

The Department may, by order, make provision that the keeper of any livestock allows inspectors to take samples for the purpose of establishing genotype; to allow an inspector to administer and attach an identification device; and where the genotype has been established, to keep a record of it.

Where the Department considers that livestock is of a genotype specified above, special provisions apply. If it appears to the Department that allowing the livestock, or its semen, eggs, or embryos, to be used for, or in connection with, breeding would not be justified, it may issue a restriction notice to the keeper which prevents such use. A person to whom a restriction notice is given shall arrange for castration or sterilization, within 21 days or slaughter within seven months.

A person served with a restriction notice may appeal to an assessor appointed by the Department. This must be done within 21 days. The assessor may allow, revoke, or vary the direction.

The Department may, by order, prohibit or regulate the movement of livestock or their carcasses, identified above. They may regulate the isolation, provide for licensing in respect of their movement.

If the Department is satisfied a person to whom a restriction notice has failed to comply, it may take steps itself to secure that the failure was remedied. In particular, it may cause semen, eggs, embryos to be destroyed; animals to be castrated or where appropriate, slaughtered. Failure to comply with the restriction notice is an offence.

The Department may cause livestock generally to be slaughtered for the purpose of preventing, controlling, or eliminating any form of TSE. Regulation shall generally require payment of compensation for slaughter.

The Department may, by order, provide that it shall not be lawful to have in one’s possession for administration to animals nor to administer animals specified substances unless it is so held by prescription by a registered veterinary surgeon or is administered by a veterinary surgeon.

Prohibitions are not to restrict possession by certain categories of persons for the purpose of their trade or profession such as pharmaceutical chemists, persons in charge of laboratories, manufacturers, wholesalers, pharmacy inspectors, departmental inspectors, etc.

The Department may, by regulation, make orders for the purpose of ensuring the keeping of records of the administration of animals of substances specified, and provide for inspection, verification of copies of such records.

Persons, having in possession or administering a substance in contravention of regulations, are guilty of an offence. They are liable on summary conviction to a fine not exceeding level 4 on the standard scale or up to three months’ imprisonment or both. The court on conviction shall order substances possessed in breach to be forfeited, disposed of, or delivered up to the Department.

Generally, the Department has powers of entry, examination, and seizure for the purpose of the enforcement of the legislation.

Where an inspector has reasonable grounds for supposing that a regulated substance has been administered, he may by a notice require an animal to be retained for such a period up to six months. The owner is obliged to retain the animal accordingly.

The Department may empower district councils to provide walls, stations, lairs, sheds, or other places for landing, reception, safekeeping, slaughter, and disposal of imported or other animals, carcasses, fodder, litter, dung, and other things. The regulations may empower the district council to make bye-laws for the regulation and control of any wharf or other place, provided and prescribe the charges and tolls.

It may provide for the application of the markets and fairs clauses legislation, as modified. It may require district councils to make returns of expenditure in respect of the same.

Where the district council is unable or unwilling to perform its functions and satisfies the Department that it is impracticable to do so, the Department may empower another authority.

Where a carcass is washed ashore and buried or destroyed under the direction of a receiver of wreck with the authority of the Secretary of State, the expenses of destruction shall be paid by the district council to the receiver, on demand.

The police have duties to execute the provisions of the legislation. A constable may, without a warrant, stop and detain a person who is seen or found committing or reasonably suspected of committing an offence against the legislation.

The constable may stop and detain any poultry, animal, vehicle, boat, or thing on which an offence or suspected offence relates; require the same to be taken to any place in the district where it was unlawfully removed from and execute and enforce that requisition. The constable must make a report in writing to his superior officer in cases where he stops any person, animal, poultry, vehicle or thing under the provision, and any consequent proceedings for the purpose of exercising powers of seizing animal or causing it to be seized where so authorized. A constable may enter and search any vessel, boat, aircraft, vehicle of any description which with reasonable cause, he suspects there is an animal to which the legislation applies.

The Department may require the owner or person in charge of animals or poultry and any person engaged in the purchase, sale, dispatch, transit, or delivery of them to keep records and retain them; to furnish such information as may be specified; and to permit an inspector to inspect and take extracts from such records. An inspector may enter any premises and seize and detain records and documents. Generally, the consent of the occupier; 24 hours’ notice; or a warrant is required to enter.

Inspectors have wide powers under the legislation in respect of disease control. They have broad powers to enter premises, where there are reasonable grounds for suspecting the existence of the disease, diseased material, carcasses, failures of compliance of the legislation.

They may enter premises for the purposes of considering whether powers under the legislation should be exercised. They may enter for the purpose of ascertaining identity, immunity of animals and infection and its risks thereof. On entry of premises, they have powers to examine animals, vehicles, materials, etc., as necessary for the purpose of the legislation.

Inspectors have powers to enforce EU obligations. In certain circumstances, they require and may obtain warrants for the purpose of entry. If necessary using reasonable force, they may take such other persons as are necessary and such equipment, in exercise of powers of entry, as is required.

They may require persons to furnish their name and address, including the owner, occupier, or persons having charge of animals or having direction over them. They may inspect records. They may seize and detain records. A code of practice may be applied towards the exercise of powers of entry.

There are expanded powers of entry for the purpose of considering and exceeding powers in respect of wild animals relevant to disease control. They may exercise powers to identify wild species, take samples, and carry out requisite investigations. They may exercise powers to carry out the destruction of wild members of the species and take other measures the legislation allows.

Inspectors may at all reasonable times inspect imports in order to ascertain compliance with legislation and verifying the origin, identity, and destination of products. They may enter premises; open bundles, packages, cases, personal luggage, or require any persons accompanying the same to open it. They may inspect the same and take samples. There functions apply to inspectors.

Inspectors have the power to detain vehicles and aircraft for the purpose of investigation and ensuring compliance with the legislation. An inspector may stop, examine, and detain vehicles and require them to be cleansed and disinfected within designated areas.

Offences against the legislation are generally subject on summary conviction to a fine up to level 5. In some cases, there are offences related to the number of animals, birds, carcasses, etc. involved. Certain, more serious offences are subject to trial summarily or on indictment with imprisonment varying, with up to two years in the case of certain offences.

The following are offences, contravention on any part of the legislation, refusal of cooperation with Departmental inspector, furnishing of false information, throwing of carcasses of animals or birds died, or diseased or slaughtered or suspected.

It is also an offence to possess anything imported in contravention of the legislation, have any animal or poultry marked in contravention of the legislation in one’s possession, do anything requiring a licence without a licence, breach the terms of a licence, make false entries, returns, declarations, certificates; obtain a licence by false means.

Summary proceedings for an offence which is also triable on indictment may be commenced within three years of the commission of the offence or 12 months of the date of knowledge by the Department of sufficient evidence.

If a person lands, ships, or attempts to land, an animal, bird, or thing in contravention of the legislation, the Customs Act provisions, apply. The animal, bird, or the thing may be forfeited under the Customs Act in the same manner as contraband goods.