Animal Health and Welfare (Livestock Marts) Regulations 2018

• Jurisdiction: Ireland
• Year: 2018
• Citation: IR SI 128/2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th April, 2018.

I, MICHAEL CREED, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 36 of the Animal Health and Welfare Act 2013 (No. 15 of 2013), hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Animal Health and Welfare (Livestock Marts) Regulations 2018.

(2) Subject to paragraph (3) these Regulations will come into operation immediately.

(3) Regulation 3 and Regulation 5 (1) (l) come into operation on 1 January 2019.

Interpretation

2. In these Regulations—

“Act” means Animal Health and Welfare Act 2013;

“livestock” means cattle, domesticated deer, equidae, sheep, pigs, goats or poultry;

“livestock mart” means land or premises used to sell or supply livestock by auction or for holding livestock before their sale or supply by auction with the exception of premises selling or supplying only equidae species.

Livestock Marts licence

3. (1) A person shall not operate a livestock mart except in accordance with a licence (“livestock marts licence”).

(2) The Minister may grant a livestock marts licence, attach conditions to a livestock marts licence, suspend, revoke or vary a condition, attach a new condition, refuse an application, suspend or revoke a livestock marts licence.

(3) An application for a livestock marts licence shall be made in a form, be accompanied by any material and contain any particulars that the Minister specifies.

(4) The Minister shall not consider an application for a livestock marts licence if the application does not contain all the material and particulars sought by the Minister or is not accompanied by the fee (if any) set in accordance with section 73 of the Act.

(5) Without prejudice to the generality of paragraph (2), a condition of a livestock marts licence may—

(a) relate to the period of validity of the licence and may also stipulate hours of operation,

(b) relate to the provision of facilities for the use of authorised officers,

(c) require that only certain species or types of livestock are kept or sold at the livestock mart,

(d) require that no more than a specified number of livestock either generally or livestock of a particular class or description be kept on the premises to which a livestock marts licence relates,

(e) relate to the veterinary supervision of the livestock mart,

(f) restrict the age of livestock either generally or livestock of a particular class or description that may be kept on the premises of the livestock mart,

(g) provide for the assignment of specific functions relating to animal health, welfare, sanitary measures including cleaning and disinfection, tracing of livestock to lands or premises of origin and identification of livestock to specific persons,

(h) relate to training to be undertaken by staff working at a livestock mart and the maintenance of records relating to training,

(i) provide for the keeping of records,

(j) relate to the provision of written procedures relating to the protection of the health and welfare of livestock at the mart,

(k) relate to segregation of livestock at a livestock mart having regard to species, gender, age, type, health status or other requirement,

(l) relate to standards and specifications for machinery, technology, equipment and fittings at a livestock mart,

(m) relate to bio-security measures to be operated at the livestock mart

(6) Without prejudice to the generality of paragraph (2), the Minister may refuse an application, suspend or revoke a livestock marts licence if–

(a) he or she is satisfied that the Act or these Regulations have not been or will not be complied with,

(b) the applicant or registered person has been convicted of an offence relating to livestock, animal health, animal welfare or public health,

(c) the operation of the livestock mart poses a serious threat to the health or welfare of livestock,

(d) the structures and equipment used to contain, load, unload or restrain livestock are not designed or maintained in a safe and sanitary condition,

(e) the applicant or person to whom a livestock marts licence relates has failed to comply with a condition of the licence,

(f) the livestock mart is not, or ceases to be, equipped for the proper disposal of waste products and material, including used bedding,

(g) the applicant or person to whom a livestock marts licence relates is not, in the opinion of the Minister, a fit and proper person to hold a livestock marts licence,

(h) without prejudice to paragraph (4), in relation to the application, information required has not been furnished or information that is, in the opinion of the Minister, false or misleading in a material particular that has been furnished,

(7) Other than in the case of refusal or revocation under paragraph (8) or (9) if the Minister proposes to suspend or revoke a livestock marts licence or to refuse an application he or she shall

(a) notify the person concerned in writing of the proposal and of the reasons for the proposal, and that he or she may make representations to the Minister in relation to the proposal within 14 days of the notification,

(b) consider a representation made before deciding whether to proceed with, modify or annul the proposal, and

(c) notify the person concerned of the decision and the reasons for the decision.

(8) If the Minister is of the opinion that it is necessary to prevent the risk of disease or to give effect to an act of an institution of the European Union, he or she may refuse an application or suspend or revoke a livestock marts licence in accordance with paragraph (9).

(9) If the Minister refuses an application or suspends or revokes a livestock marts licence for the purposes set out in paragraph 8, he or she shall

(a) notify the person concerned in writing of the decision and the reasons for the decision, and that he or she may make representations to the Minister in relation to the decision within 14 days of the date of the notification,

(b) consider a representation made, and

(c) confirm, modify or annul the decision and notify the person concerned of the decision and the reasons for the decision.

(10) The Minister may publish a list of livestock mart licences, containing such information as he considers appropriate, on the website of his or her Department of State and in any other manner (if any)...