International Carriage of Perishable Foodstuffs Act, 1987

JurisdictionIreland
CitationIR No. 20/1987


Number 20 of 1987


INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS ACT, 1987


ARRANGEMENT OF SECTIONS

Section

1.

Commencement.

2.

Interpretation.

3.

International carriage to which Act applies.

4.

Regulation of carriage.

5.

Examination and testing of equipment.

6.

Approval of type equipment.

7.

Certificates of compliance, certification plates and designated marks.

8.

Inspectors.

9.

Power to prohibit driving of goods vehicles in contravention of Act.

10.

Offences as to use of transport equipment.

11.

Offences relating to use of certificates of compliance, certification plates and designated marks.

12.

Prosecution of summary offences by Minister.

13.

Amendments consequential on amendment of Agreement.

14.

Laying of orders and regulations before Houses of Oireachtas.

15.

Fees.

16.

Expenses.

17.

Short title.


Act Referred to

Criminal Procedure Act, 1967

1967, No. 12


Number 20 of 1987


INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS ACT, 1987


AN ACT TO ENABLE EFFECT TO BE GIVEN TO AN AGREEMENT ON THE INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS AND ON THE SPECIAL EQUIPMENT TO BE USED FOR SUCH CARRIAGE (ATP) SIGNED AT GENEVA ON THE 1st DAY OF SEPTEMBER, 1970, AND TO PROVIDE FOR MATTERS RELATED THERETO. [17th November, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Commencement.

1.—This Act shall come into operation on such day as the Minister by order appoints.

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“ATP” means the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage (ATP) signed at Geneva on the 1st day of September, 1970, as amended in accordance with Article 18 thereof;

“certificate of compliance” means a certificate issued or recognised under section 7 ;

“certification plate” means a plate issued or recognised under section 7 ;

“container” means equipment having a prescribed minimum volume designed and constructed for repeated use for the carriage of goods by road, rail and water and for interchange between those means of carriage;

“designated mark” means a mark designated under section 7 ;

“inspector” means an inspector appointed under section 8 (2);

“international carriage” has the meaning assigned to it by section 3 (2);

“the Minister” means the Minister for Tourism and Transport;

“perishable foodstuffs” means foodstuffs prescribed as such under section 4 ;

“prescribed” means prescribed by regulations made by the Minister;

“prescribed standards” means standards prescribed under section 4 ;

“transport equipment” means containers, goods vehicles and railway wagons.

(2) A reference in this Act to a section is to a section of this Act and a reference to a subsection is to the subsection of the section in which the reference occurs, unless it is indicated that reference to some other provision is intended.

International carriage to which Act applies.

3.—(1) This Act applies to the carriage of perishable foodstuffs into the State or from the State into another State which is a Contracting Party to ATP by road or by rail or by a sea journey of less than 150 kilometres without transloading of the foodstuffs or by any combination of those means of carriage, other than—

(a) carriage by road or by rail within the State only, or within another State only, whether before or after a sea journey of 150 kilometres or more between those States, and

(b) carriage in containers by road or by rail through the State or another State without transloading of the foodstuffs where such carriage is preceded or followed by a sea journey of 150 kilometres or more.

(2) In this Act “international carriage” means carriage to which, by virtue of subsection (1), this Act applies.

Regulation of carriage.

4.—(1) The Minister may make regulations in relation to the international carriage of perishable foodstuffs and the standards for transport equipment to be used for such carriage.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) prescribe foodstuffs or classes of foodstuffs as perishable foodstuffs for the purposes of this Act;

(b) prescribe temperature limits for the international carriage of perishable foodstuffs;

(c) make different provision for different classes of perishable foodstuffs or in respect of the same class in different circumstances;

(d) prescribe classes of transport equipment to be used for the international carriage of prescribed classes of perishable foodstuffs;

(e) prescribe different standards for different classes of transport equipment or as respects the same class in different circumstances;

(f) exempt specified types of transport equipment or perishable foodstuffs from all or any of the provisions of the regulations either generally or in prescribed circumstances.

Examination and testing of equipment.

5.—(1) The Minister may make regulations to provide for the examination and testing of transport equipment for the purpose of ascertaining whether the prescribed standards are complied with.

(2) The Minister may, for the purposes of regulations under this section—

(a) appoint persons (in this section referred to as “qualified authorities”) to examine and test transport equipment, and

(b) designate premises (in this section referred to as “designated test stations”) where the examination and testing of transport equipment may be carried out,

and may revoke any such appointment or designation at any time.

(3) Qualified authorities and designated test stations shall keep such records and furnish such information to the Minister as he may prescribe or require for the purposes of this Act.

(4) The Minister may make regulations to provide for the recognition for the purposes of this Act, to such extent as may be specified, of examinations and tests of transport equipment carried out (whether before or after the commencement of this Act or inside or outside the State) by such persons as may be recognised by the Minister.

Approval of type equipment.

6.—(1) Where the Minister is satisfied that the prescribed standards are complied with in respect of transport equipment of a particular class, he may approve that equipment as type equipment of that class (in this section referred to as “type equipment”).

(2) The Minister shall not approve equipment as type equipment unless he is satisfied that adequate arrangements have been made to secure that other equipment purporting to conform with the type equipment as respects the prescribed standards will so conform.

(3) The Minister may at any time withdraw approval for stated reasons.

(4) (a) The Minister may by order authorise a specified person to act on his behalf for the purposes of subsections (1) to (3) and may revoke the order.

(b) References to the Minister in the said subsections include references to an authorised person so acting.

(5) (a) Where a certifying authority appointed under section 7 is satisfied that any equipment conforms with the type equipment it may issue a certificate to that effect in the prescribed form.

(b) If the certifying authority notifies the applicant for a certificate that it is not so satisfied, that person may appeal to the Minister. The decision of the Minister on the appeal shall be final.

(6) The Minister may make regulations specifying the manner in which and the time within which appeals may be brought under subsection (5) (b).

Certificates of compliance, certification plates and designated marks.

7.—(1) The Minister may make regulations to provide for—

(a) the issue, in respect of transport equipment examined and tested in accordance with regulations made under section 5 and found to comply with the prescribed standards, of a certificate of compliance or a plate corresponding to such a certificate (in this Act referred to as a “certification plate”);

(b) the refusal of a certificate of compliance or certification plate where the transport equipment is found not to comply with the prescribed standards;

(c) the period of validity, renewal or cancellation of the certificate of compliance or certification plate;

(d) the designation of marks (in this Act referred to as “designated marks”) to be affixed to transport equipment in respect of which a certificate of compliance or a certification plate has been issued;

(e) the recognition for the purposes of this Act of certificates of compliance or certification plates issued, whether before or after the commencement of this Act, in conformity with ATP by any Contracting Party or, before such commencement, by any person recognised in that behalf by the Minister.

(2) The Minister may, for the purposes of regulations under this section, appoint persons (in this Act...

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