Animal Health and Welfare Act 2013


Number 15 of 2013


ANIMAL HEALTH AND WELFARE ACT 2013

REVISED

Updated to 25 May 2018


This Revised Act is an administrative consolidation of the Animal Health and Welfare Act 2013. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 15 of 2013


ANIMAL HEALTH AND WELFARE ACT 2013

REVISED

Updated to 25 May 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Control of Dogs Acts 1986 to 2014 : this Act is one of a group of Acts included in this collective citation ( Local Government Reform Act 2014 (1/2014), s. 1(10)). The Acts in this group are:

Control of Dogs Act 1986 (32/1986)

Control of Dogs (Amendment) Act 1992 (13/1992)

Dog Breeding Establishments Act 2010 (29/2010), part 3

Animal Health and Welfare Act 2013 (15/2013), s. 77

Local Government Reform Act 2014 (1/2014), s. 1(10), the amendments to the Control of Dogs Act 1986 and the Dog Breeding Establishments Act 2010 provided for in s. 5(6) and Part 6 of Schedule 2 (note: the reference to s. 5(6) appears to refer to s. 5(8)).

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1985, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Data Protection Act 2018 (7/2018)

Domestic Violence Act 2018 (6/2018)

Local Government Reform Act 2014 (1/2014)

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Bovine Viral Diarrhoea (Amendment) Regulations 2018 (S.I. No. 171 of 2018)

Animal Health and Welfare (Export) Regulations 2018 (S.I. No. 145 of 2018)

Animal Health and Welfare (Application of Act to Disease) Order 2018 (S.I. No. 135 of 2018)

Animal Health and Welfare (Livestock Marts) Regulations 2018 (S.I. No. 128 of 2018)

Animal Health and Welfare Act 2013 (Commencement) Order 2018 (S.I. No. 127 of 2018)

Knackery (Bovine Notification) Regulations 2018 (S.I. No. 20 of 2018)

Animal Health and Welfare (Animal Remedies Veterinary Practice and Veterinary Medicine) Regulations 2017 (S.I. No. 558 of 2017)

Circuses (Prohibition on Use of Wild Animals) Regulations 2017 (S.I. No. 482 of 2017)

Animal Health and Welfare (Control of Bulls for Breeding) Regulations 2017 (S.I. No. 477 of 2017)

Notification and Control of Diseases affecting Terrestrial Animals (No. 2) Regulations 2016 (Amendment) Regulations 2017 (S.I. No. 408 of 2017)

Prohibition On Tail Docking and Dew Claw Removal (Dogs) Regulations 2017 (S.I. No. 304 of 2017)

Avian Influenza (Precautionary Confinement of Birds) Regulations 2016 (S.I. No. 165 of 2017)

Bovine Viral Diarrhoea Regulations 2017 (S.I. No. 30 of 2017)

Avian Influenza (Precautionary Confinement of Birds) Regulations 2016 (S.I. No. 677 of 2016)

Prohibition on Tail Docking (Dogs) Regulations 2014 (Amendment) Regulations 2016 (S.I. No. 561 of 2016)

Carriage of Livestock by Sea (Amendment) Regulations 2016 (S.I. No. 455 of 2016)

Carriage of Livestock by Sea Regulations 2016 (S.I. No. 356 of 2016)

Animal Health and Welfare (Bovine Tuberculosis) (Amendment) Regulations 2016 (S.I. No. 309 of 2016)

Assembly of Animals for Export Regulations 2016 (S.I. No. 212 of 2016)

Equidae (Change of Ownership) Regulations 2016 (S.I. No. 201 of 2016)

Pet Passport (No. 2) Regulations 2014 Amendment Regulations 2016 (S.I. No. 162 of 2016)

Notification and Control of Diseases affecting Terrestrial Animals (No. 2) Regulations 2016 (S.I. No. 130 of 2016)

European Union (Identification of Equidae) Regulations 2015 (S.I. No. 62 of 2016)

Notification and Control of Diseases affecting Terrestrial Animals Regulations 2016 (S.I. No. 50 of 2016)

Control on Animal Vaccines (Amendment) Regulations 2016 (S.I. No. 27 of 2016)

Bovine Viral Diarrhoea (Amendment) Regulations 2015 (S.I. No. 586 of 2015)

Microchipping of Dogs (Amendment) Regulations 2015 (S.I. No. 427 of 2015)

Animal Health and Welfare (Brucellosis in Cattle) Regulations 2015 (S.I. No. 402 of 2015)

Animal Health and Welfare (Bovine Movement) (Amendment) (No. 2) Regulations 2015 (S.I. No. 305 of 2015)

Disposal of Carcases (Prohibition) Regulations 2015 (S.I. No. 160 of 2015)

Notification and Control of Animal Diseases Regulations 2014 (Amendment) Regulations 2015 (S.I. No. 123 of 2015)

Animal Health and Welfare (Bovine Movement) (Amendment) Regulations 2015 (S.I. No. 119 of 2015)

Microchipping of Dogs Regulations 2015 (S.I. No. 63 of 2015)

Animal Health and Welfare (Bovine Tuberculosis) Regulations 2015 (S.I. No. 58 of 2015)

Pet Passport (No. 2) Regulations 2014 (S.I. No. 602 of 2014)

Equidae (Transfer of Ownership) (No. 2) Regulations 2014 (S.I. No. 601 of 2014)

Control on Animal Vaccines (Amendment) Regulations 2014 (S.I. No. 590 of 2014)

European Union (Control of Avian Influenza) Regulations 2006 (Amendment) (No. 2) Regulations 2014 (S.I. No. 570 of 2014)

Bovine Viral Diarrhoea (Amendment) Regulations 2014 (S.I. No. 552 of 2014)

Animal Health and Welfare (Bovine Movement) Regulations 2014 (S.I. No. 521 of 2014)

Animal Health and Welfare Act 2013 (Commencement) (No. 2) Order 2014 (S.I. No. 520 of 2014)

Foot and Mouth Disease (Non-EU Countries) Regulations 2014 (S.I. No. 502 of 2014)

African Swine Fever (Restriction on Movements of Pigs and Pig Products) Regulations 2014 (S.I. No. 501 of 2014)

Prohibition on Tail-docking (Bovines) (No. 2) Regulations 2014 (S.I. No. 225 of 2014)

Animal Health and Welfare (Restriction on Horned Cattle) (No. 2) Regulations 2014 (S.I. No. 224 of 2014)

European Communities (Control of Avian Influenza) Regulations 2006 (Amendment) Regulations 2014 (S.I. No. 223 of 2014)

European Communities (Protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds) (No. 2) (SI No. 480 of 2006) Regulations 2006 (Amendment) Regulations 2014 (S.I. No. 222 of 2014)

European Communities (Protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in poultry) (No. 2) Regulations 2006 (Amendment) Regulations 2014 (S.I. No. 221 of 2014)

Control on Animal Vaccines Regulations 2014 (S.I. No. 193 of 2014)

Equidae (Transfer of Ownership) Regulations 2014 (S.I. No. 189 of 2014)

Prohibition on Tail Docking and Dew Claw Removal (Dogs) Regulations 2014 (S.I. No. 128 of 2014)

Animal Health and Welfare (Operations and Procedures) (No. 2) Regulations 2014 (S.I. No. 127 of 2014)

Animal Health and Welfare (Revocation) Regulations 2014 (S.I. No. 126 of 2014)

Prohibition on Tail Docking (Dogs) Regulations 2014 (S.I. No. 125 of 2014)

Animal Health and Welfare (Operations and Procedures) Regulations 2014 (S.I. No. 123 of 2014)

Pet Passport Regulations 2014 (S.I. No. 119 of 2014)

Bovine Viral Diarrhoea Regulations 2014 (S.I. No. 118 of 2014)

Prohibition on Tail-docking (Bovines) Regulations 2014 (S.I. No. 117 of 2014)

African Horse Sickness Regulations 2014 (S.I. No. 116 of 2014)

Animal Health (African Swine Fever) (Non-EU Countries) Regulations 2014 (S.I. No. 115 of 2014)

Control on places where poultry are kept Regulations 2014 (S.I. No. 114 of 2014)

Control On Places Where Horses Are Kept Regulations 2014 (S.I. No. 113 of 2014)

European Union (Animal Health) (Adaptation) Regulations 2014 (S.I. No. 112 of 2014)

Animal Health and Welfare (Restriction on horned cattle) Regulations 2014 (S.I. No. 111 of 2014)

Notification and Control of Animal Diseases Regulations 2014 (S.I. No. 110 of 2014)

Animal Health and Welfare Act 2013 (Application to Tuberculosis in Non-Ruminant Animals) Order 2014 (S.I. No. 109 of 2014)

Animal Welfare (Electro-immobilisation) Regulations 2014 (S.I. No. 108 of 2014)

Animal Health and Welfare (Section 17) Regulations 2014 (S.I. No. 107 of 2014)

Animal Health and Welfare Act 2013 (Commencement) Order 2014 (S.I. No. 106 of 2014)

All statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.


Number 15 of 2013


ANIMAL HEALTH AND WELFARE ACT 2013

REVISED

Updated to 25 May 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Laying of regulations and orders.

4. Repeals.

5. Expenses.

6. Disposal of moneys received by Minister.

PART 2

Prevention and Control of Animal Disease

7. Application of Act to disease.

8. Prohibition on farm animals straying.

9. Disease eradication areas.

10. Prohibition on spreading disease.

PART 3

Animal Welfare

11. Duty to protect animal welfare.

12. Prohibition on animal cruelty.

13. Feeding of animals.

14. Prohibition on abandonment of animals.

15. Prohibition on animal fighting, etc.

16. Prohibited operations and procedures.

17. Use of anaesthetics, etc.

18. Protection of animals from poison.

19. Inspection of protected animals and equipment.

20. Records as regards intensive units.

21. Welfare of animals during sale.

22. Regulation of sale of animals to minors.

23. Humane destruction of animal.

24. Measures relating to animals in distress.

PART 4

Codes of Practice

25. Codes of practice.

PART 5

Animal Health Levies

26. Animal health levies.

27. Duty to pay levy before export of live animals.

28. Animal health levy due and payable.

29. Duty to keep records.

PART 6

Destruction, Disposal, etc., of Animals

30. Destruction and disposal.

31. Compensation.

32. Valuation.

33. Arbitration.

34. Limitation on compensation.

35. Abatement of compensation.

PART 7

Regulations Relating to Animal Health and Welfare

36. Animal health and welfare regulations.

PART 8

Enforcement

37. Appointment of authorised officer.

38. Functions of authorised officer.

39. Power of member of Garda Síochána to arrest without warrant.

40. Search of suspects and stopping vehicles.

41. Assistance to authorised officer.

42. Animal health and welfare notice.

43. Appeal against animal health and welfare notice.

44. Seizure and detention for non-compliance with notice.

45. Search warrant.

46. Obstruction and false statements.

PART 9

Local Authorities

47. Functions of local authorities.

48. Default of local authority.

PART 10

Proceedings and Sanctions

49. Fixed payment notice.

50. Evidence of laboratory analysis on certificate, etc.

51. Service of notice, etc.

52. Penalties.

53. Costs of prosecution.

54. Offence — body corporate.

55. Summary proceedings.

56. Presumption of ownership in relation to animals.

57. Forfeiture — equipment, animal product, etc.

58. Disqualification.

59. Seizure of animals in connection with disqualification.

60. Forfeiture of animal.

61. Person incapable of taking care of animals.

62. Proof and authentication of certain documents.

PART 11

Animal Tracing Systems

63. Animal tracing systems.

64. Census of animals.

PART 12

Animal Marts

65. Definitions.

66. Prohibition of unlicensed animal marts, etc.

67. Grant of licences for animal marts, etc.

68. Power of Minister to revoke or refuse licence.

69. Appeal against refusal or revocation of licence.

70. Regulations in relation to animal marts.

71. Application ( Part 12).

PART 13

Miscellaneous

72. Forgery.

73. Fees.

74. Service agreements.

75. Continuance of certain instruments.

PART 14

Amendment of Certain Enactments

76. Amendment of Animal Remedies Act 1993.

77. Amendment of section 17 of Dog Breeding Establishments Act 2010.

78. Amendment of sections 12 and 15 of Welfare of Greyhounds Act 2011.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Diseases to which Act applies

SCHEDULE 3

Matters in respect of which Animal Health and Welfare Regulations may be made

SCHEDULE 4

Statutory Instruments considered to be Animal Health and Welfare Regulations


Acts Referred to

Agricultural and Fishery Products (Regulation of Export) Act 1947

1947, No. 18

Agricultural Products (Regulation of Import) Act 1938

1938, No. 14

Agriculture Appeals Act 2001

2001, No. 29

Air Navigation and Transport (Amendment) Act 1998

1998, No. 24

Animal Remedies Act 1993

1993, No. 23

Arbitration Act 2010

2010, No. 1

Bee Pest Prevention (Ireland) Act 1908

8 Edw. 7, c.34

Bovine Diseases (Levies) (Amendment) Act 1996

1996, No. 5

Bovine Diseases (Levies) Act 1979

1979, No. 26

Broadcasting Act 2009

2009, No. 18

Captive Birds Shooting (Prohibition) Act 1921

11 & 12 Geo. 5, c.13

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

2010, No. 24

Clean Wool Act 1947

1947, No. 27

Companies Act 1963

1963, No. 33

Companies Acts

Control of Bulls for Breeding Act 1985

1985, No. 13

Control of Dogs Act 1986

1986, No. 32

Control of Dogs Acts 1986 to 2010

Control of Horses Act 1996

1996, No. 37

Criminal Evidence Act 1992

1992, No. 12

Criminal Justice Act 1984

1984, No. 22

Criminal Justice Act 2006

2006, No. 26

Customs Acts

Data Protection Acts 1988 and 2003

Diseases of Animals (Amendment) Act 2001

2001, No. 3

Diseases of Animals Act 1966

1966, No. 6

Dog Breeding Establishments Act 2010

2010, No. 29

Domestic Violence Act 1996

1996, No. 1

Dublin Police Act 1842

5 & 6 Vict., c.24

Electronic Commerce Act 2000

2000, No. 27

European Communities Act 1972

1972, No. 27

Flax Act 1936

1936, No. 20

Flax Act 1936 (Suspension) Act 1950

1950, No. 9

Garda Síochána Act 2005

2005, No. 20

Importation of Plumage (Prohibition) Act 1921

11 & 12 Geo. 5, c.16

Industrial and Provident Societies Act 1893

56 & 57 Vict., c.39

Irish Medicines Board (Miscellaneous Provisions) Act 2006

2006, No. 3

Irish Medicines Board Act 1995

1995, No. 29

Livestock Marts Act 1967

1967, No. 20

Local Government Act 2001

2001, No. 37

Markets and Fairs (Weighing of Cattle) Act 1887

50 & 51 Vict., c.27

Markets and Fairs (Weighing of Cattle) Act 1891

54 & 55 Vict., c.70

Mental Health Act 2001

2001, No. 25

Musk Rats Act 1933

1933, No. 16

National Beef Assurance Scheme Act 2000

2000, No. 2

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c.93

Poultry Hatcheries Act 1947

1947, No. 49

Protection of Animals (Amendment) Act 1965

1965, No. 10

Protection of Animals Act 1911

1 & 2 Geo. 5, c.27

Protection of Animals kept for Farming Purposes Act 1984

1984, No. 13

Public Health (Ireland) Act 1878

41 & 42 Vict., c.52

Slaughter of Animals Act 1935

1935, No. 45

Slaughter of Cattle and Sheep (Amendment) Act 1935

1935, No. 37

Slaughter of Cattle and Sheep (Amendment) Act 1936

1936, No. 33

Slaughter of Cattle and Sheep Act 1934

1934, No. 42

Town Police Clauses Act 1847

10 & 11 Vict., c.89

Towns Improvement (Ireland) Act 1854

17 & 18 Vict., c.103

Veterinary Practice Act 2005

2005, No. 22

Veterinary Practice (Amendment) Act 2012

2012, No. 25

Welfare of Greyhounds Act 2011

2011, No. 29

Wool Marketing Act 1968

1968, No. 26

Wool Marketing Act 1984

1984, No. 11


Number 15 of 2013


ANIMAL HEALTH AND WELFARE ACT 2013

REVISED

Updated to 25 May 2018


AN ACT TO REVISE THE LAW RELATING TO THE HEALTH AND WELFARE OF ANIMALS AND THEIR PROTECTION AND IDENTIFICATION; TO PROVIDE FOR THE REGULATION OF CERTAIN ACTIVITIES RELATING TO ANIMALS; TO PREVENT CRUELTY TO ANIMALS; TO MAKE PROVISION FOR THE LICENSING OF ANIMAL MARTS AND FOR LEVIES FOR THE PURPOSES OF ANIMAL HEALTH AND THE CONTROL OF ANIMAL DISEASES; TO REPEAL VARIOUS ENACTMENTS RELATING TO ANIMALS; TO AMEND THE DOG BREEDING ESTABLISHMENTS ACT 2010, THE ANIMAL REMEDIES ACT 1993 AND THE WELFARE OF GREYHOUNDS ACT 2011 AND TO PROVIDE FOR RELATED MATTERS.

[29 th May, 2013]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Editorial Notes:

E1

Note European Union (Identification of Equidae) Regulations 2015 (S.I. No. 62 of 2016), made under European Communities Act 1972 (27/1972), s. 3.

E2

Note regulations to control avian influenza: European Union (Control of Avian Influenza) Regulations 2006 (S.I. No. 701 of 2006), as amended by S.I. Nos. 223 and 570 of 2014, made under European Communities Act 1972 (27/1972), s. 3.