Animal Health and Welfare Act 2013

PART 7

Regulations Relating to Animal Health and Welfare

36.

Animal health and welfare regulations.

36.—(1) The Minister may make regulations (“animal health and welfare regulations”) for the purpose of—

( a) preventing or minimising the risk, or spread, of disease or of a disease agent,

( b) controlling or eradicating disease or a disease agent,

( c) protecting or enhancing animal health and welfare,

( d) controlling or prohibiting—

(i) specified uses or activities involving or relating to animals, animal products, animal feed or animal husbandry, or

(ii) the keeping, movement, transportation, sale or supply, of an animal, animal product or animal feed in the interests of animal health and animal welfare,

or

( e) providing for any or all of the matters set out in Schedule 3 .

(2) Animal health and welfare regulations may apply to—

( a) the State or parts of the State F8 [ ],

( b) animals, animal products or animal feed generally, or to animals, animal products or animal feed of a particular class or description,

( c) diseases generally or to diseases or disease agents of a particular class or description,

( d) land or premises generally or to land or premises of a particular class or description,

( e) vehicles, vessels, aircraft, machinery or equipment, generally or of a particular class or description, and

( f) persons generally or to persons of a particular class or description.

(3) Animal health and welfare regulations may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.

(4) A person who contravenes or fails to comply with a provision of animal health and welfare regulations which is stated in the regulations to be a penal provision—

( a) to which this paragraph applies, commits an offence and is liable, on summary conviction, to a class A fine, or

F9 [ ( b ) to which this paragraph applies, commits an offence and is liable

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or

(ii) on conviction on indictment, to a fine not exceeding 250,000 or to imprisonment for a term not exceeding 5 years, or to both. ]

F10 [ (4A) A person who contravenes or fails to comply with a provision of an instrument to which section 75 refers commits an offence and is liable

( a ) on summary conviction, to a class A fine, or to imprisonment for a term not exceeding 6 months, or to both, or

( b ) on conviction on indictment, to a fine not exceeding 250,000 or to imprisonment for a term not exceeding 5 years, or to both. ]

(5) Section 16 of the Dog Breeding Establishments Act 2010 does not apply to a dog in a dog breeding establishment where—

( a) the dog is implanted with a microchip, or

( b) the dog is removed, caused to be removed or its removal has been permitted to another premises,

in accordance with animal health and welfare regulations.

(6) Animal health and welfare regulations may provide for the extent (if any) to which—

( a) regulations under section 28 of the Control of Horses Act 1996 relating to the identification of horses, or

( b) regulations under section 9(2) of the Welfare of Greyhounds Act 2011 regarding the identification and traceability of greyhounds,

do not apply.

F10 [ (7) In proceedings for an offence under this section for a contravention of or failure to comply with animal health and welfare regulations in respect of the matters set out in paragraph 14B or 47 of Schedule 3 , a certificate purporting to be signed by a person employed in connection with an animal identification database or an animal tracing system stating the capacity in which the person is employed and stating that on a particular day or days, or during a particular period

( a ) specified information required to be submitted

(i) was received, or

(ii) by a named person was not received,

and

( b ) the information received and specified in the certificate is a legible copy of information stored in the system,

is, until the contrary is shown, sufficient evidence of the facts stated in the certificate. ]

Annotations:

Amendments:

F8

Deleted (28.05.2019) by Greyhound Racing Act 2019 (15/2019), s. 66 item 7, commenced on enactment.

F9

Substituted (28.05.2019) by Greyhound Racing Act 2019 (15/2019), s. 61(a), commenced on enactment.

F10

Inserted (28.05.2019) by Greyhound Racing Act 2019 (15/2019), s. 61(b), (c), commenced on enactment. A class A fine is defined as not greater than €5,000 but greater than €4,000 (4.01.2011) by Fines Act 2010 (8/2010), s. 4, S.I. No. 662 of 2010.

Editorial Notes:

E14

Power pursuant to section exercised (29.05.2019) by Animal Health (Trade in Salamanders) Regulations 2019 (S.I. No. 245 of 2019).

E15

Power pursuant to section exercised (25.05.2018) by Bovine Viral Diarrhoea (Amendment) Regulations 2018 (S.I. No. 171 of 2018), in effect as per reg. 1.

E16

Power pursuant to section exercised (18.04.2018 and 1.01.2019) by Animal Health and Welfare (Livestock Marts) Regulations 2018 (S.I. No. 128 of 2018), in effect as per reg. 1(2), (3).

E17

Power pursuant to section exercised (5.03.2018) by Knackery (Bovine Notification) Regulations 2018 (S.I. No. 20 of 2018), in effect as per reg. 1.

E18

Power pursuant to section exercised (1.01.2018) by Circuses (Prohibition on Use of Wild Animals) Regulations 2017 (S.I. No. 482 of 2017), in effect as per reg. 1.

E19

Power pursuant to section exercised (7.12.2017) by Animal Health and Welfare (Animal Remedies Veterinary Practice and Veterinary Medicine) Regulations 2017 (S.I. No. 558 of 2017).

E20

Power pursuant to section exercised (26.10.2017) by Animal Health and Welfare (Control of Bulls for Breeding) Regulations 2017 (S.I. No. 477 of 2017).

E21

Power pursuant to section exercised (28.08.2017) by Notification and Control of Diseases affecting Terrestrial Animals (No. 2) Regulations 2016 (Amendment) Regulations 2017 (S.I. No. 408 of 2017).

E22

Power pursuant to section exercised (5.07.2017) by Prohibition On Tail Docking and Dew Claw Removal (Dogs) Regulations 2017 (S.I. No. 304 of 2017).

E23

Power pursuant to section exercised (25.04.2017) by Avian Influenza (Precautionary Confinement of Birds) Regulations 2016 (Revocation) Regulations 2017 (S.I. No. 165 of 2017).

E24

Power pursuant to section exercised (30.01.2017) by Bovine Viral Diarrhoea Regulations 2017 (S.I. No. 30 of 2017), in effect as per reg. 1.

E25

Previous affecting provision: power pursuant to section exercised (22.12.2016) by Avian Influenza (Precautionary Confinement of Birds) Regulations 2016 (S.I. No. 677 of 2016); revoked (25.04.2017) by Avian Influenza (Precautionary Confinement of Birds) Regulations 2016 (S.I. No. 165 of 2017), reg. 2.

E26

Power pursuant to section exercised (8.11.2016) by Prohibition on Tail Docking (Dogs) Regulations 2014 (Amendment) Regulations 2016 (S.I. No. 561 of 2016).

E27

Power pursuant to section exercised (4.07.2016) by Carriage of Livestock by Sea (Amendment) Regulations 2016 (S.I. No. 455 of 2016), in effect as per reg. 1.

E28

Power pursuant to section exercised (4.07.2016) by Carriage of Livestock by Sea Regulations 2016 (S.I. No. 356 of 2016), in effect as per reg. 1.

E29

Power pursuant to section exercised (2.06.2016) by Animal Health and Welfare (Bovine Tuberculosis) (Amendment) Regulations 2016 (S.I. No. 309 of 2016).

E30

Power pursuant to section exercised (1.06.2016) by Assembly of Animals for Export Regulations 2016 (S.I. No. 212 of 2016), in effect as per reg. 1.

E31

Power pursuant to subs. (1) exercised (15.04.2016) by Equidae (Change of Ownership) Regulations 2016 (S.I. No. 201 of 2016).

E32

Power pursuant to section exercised (7.04.2016) by Pet Passport (No. 2) Regulations 2014 Amendment Regulations 2016 (S.I. No. 162 of 2016).

E33

Power pursuant to section exercised (1.03.2016) by Notification and Control of Diseases affecting Terrestrial Animals (No. 2) Regulations 2016 (S.I. No. 130 of 2016).

E34

Power pursuant to section exercised (19.01.2016) by Control on Animal Vaccines (Amendment) Regulations 2016 (S.I. No. 27 of 2016).

E35

Power pursuant to section exercised (17.12.2015) by Bovine Viral Diarrhoea (Amendment) Regulations 2015 (S.I. No. 586 of 2015).

E36

Power pursuant to section exercised (6.10.2015) by Microchipping of Dogs (Amendment) Regulations 2015 (S.I. No. 427 of 2015).

E37

Power pursuant to section exercised (28.09.2015) by Animal Health and Welfare (Brucellosis in Cattle) Regulations 2015 (S.I. No. 402 of 2015), in effect as per reg. 1(2).

E38

Power pursuant to section exercised (15.07.2015) by Animal Health and Welfare (Bovine Movement) (Amendment) (No. 2) Regulations 2015 (S.I. No. 305 of 2015).

E39

Power pursuant to section exercised (1.05.2015) by Disposal of Carcases (Prohibition) Regulations 2015 (S.I. No. 160 of 2015), in effect as per reg. 1.

E40

Power pursuant to section exercised (1.04.2015) by Animal Health and Welfare (Bovine Tuberculosis) Regulations 2015 (S.I. No. 58 of 2015), in effect as per reg. 1(2).

E41

Power pursuant to section exercised (20.02.2015) by Microchipping of Dogs Regulations 2015 (S.I. No. 63 of 2015), in effect as per reg. 1.

E42

Power pursuant to section exercised (1.01.2015) by Animal Health and Welfare (Bovine Movement) Regulations 2014 (S.I. No. 521 of 2014), in effect as per reg. 1(2).

E43

Power pursuant to section exercised (28.12.2014) by Pet Passport (No. 2) Regulations 2014 (S.I. No. 602 of 2014), in effect as per reg. 1.

E44

Power pursuant to section exercised (30.10.2014) by Foot and Mouth Disease (Non-EU Countries) Regulations 2014 (S.I. No. 502 of 2014).

E45

Power pursuant to section exercised (22.10.2014) by African Swine Fever (Restriction on Movements of Pigs and Pig Products) Regulations 2014 (S.I. No. 501 of 2014).

E46

Power pursuant to section exercised (3.06.2014) by:

Animal Health and Welfare (Restriction on Horned Cattle) (No. 2) Regulations 2014 (S.I. No. 224 of 2014), in effect as per reg. 1.

Prohibition on Tail-docking (Bovines) (No. 2) Regulations 2014 (S.I. No. 225 of 2014), in effect as per reg. 1.

E47

Power pursuant to section exercised (17.04.2014) by Control on Animal Vaccines Regulations 2014 (S.I. No. 193 of 2014).

E48

Power pursuant to section exercised (6.03.2014) by:

Prohibition on Tail Docking and Dew Claw Removal (Dogs) Regulations 2014 (S.I. No. 128 of 2014), in effect as per reg. 1.

Animal Health and Welfare (Operations and Procedures) (No. 2) Regulations 2014 (S.I. No. 127 of 2014), in effect as per reg. 1.

Bovine Viral Diarrhoea Regulations 2014 (S.I. No. 118 of 2014), in effect as per reg. 1.

African Horse Sickness Regulations 2014 (S.I. No. 116 of 2014), in effect as per reg. 1.

Animal Health (African Swine Fever) (Non-EU Countries) Regulations 2014 (S.I. No. 115 of 2014), in effect as per reg. 1

Control on places where poultry are kept Regulations 2014 (S.I. No. 114 of 2014), in effect as per reg. 1.

Control On Places Where Horses Are Kept Regulations 2014 (S.I. No. 113 of 2014), in effect as per reg. 1.

Animal Welfare (Electro-immobilisation) Regulations 2014 (S.I. No. 108 of 2014), in effect as per reg. 1.

Animal Health and Welfare (Section 17) Regulations 2014 (S.I. No. 107 of 2014), in effect as per reg. 1.

E49

Previous affecting provision: power pursuant to section exercised (22.12.2016) by Avian Influenza (Precautionary Confinement of Birds) Regulations 2016 (S.I. No. 677 of 2016); revoked (25.04.2017) by Avian Influenza (Precautionary Confinement of Birds) Regulations 2016 (S.I. No. 165 of 2017), reg. 2.

E50

Previous affecting provision: power pursuant to section exercised (1.02.2016) by Notification and Control of Diseases affecting Terrestrial Animals Regulations 2016 (S.I. No. 50 of 2016), in effect as per reg. 1; revoked (1.03.2016) by Notification and Control of Diseases affecting Terrestrial Animals (No. 2) Regulations 2016 (S.I. No. 130 of 2016), reg. 8.

E51

Previous affecting provision: power pursuant to section exercised (1.04.2015) by Animal Health and Welfare (Bovine Movement) (Amendment) Regulations 2015 (S.I. No. 119 of 2015); revoked (15.07.2015) by Animal Health and Welfare (Bovine Movement) (Amendment) (No. 2) Regulations 2015 (S.I. 305 of 2015), reg. 3.

E52

Previous affecting provision: power pursuant to section exercised (31.03.2015) by Notification and Control of Animal Diseases Regulations 2014 (Amendment) Regulations 2015 (S.I. No. 123 of 2015); revoked (1.02.2016) by Notification and Control of Diseases affecting Terrestrial Animals Regulations 2016 (S.I. No. 50 of 2016), reg. 8(k), in effect as per reg. 1.

E53

Previous affecting provision: power pursuant to section exercised (1.01.2015) by Equidae (Transfer of Ownership) (No. 2) Regulations 2014 (S.I. No. 601 of 2014), in effect as per reg. 1; revoked (7.04.2016) by Equidae (Change of Ownership) Regulations 2016 (S.I. No. 201 of 2016), reg. 11.

E54

Previous affecting provision: power pursuant to section exercised (11.12.2014) by Control on Animal Vaccines (Amendment) Regulations 2014 (S.I. No. 590 of 2014); revoked (19.01.2016) by Control on Animal Vaccines (Amendment) Regulations 2016 (S.I. No. 27 of 2016), reg. 3.

E55

Previous affecting provision: power pursuant to section exercised (1.07.2014) by Equidae (Transfer of Ownership) Regulations 2014 (S.I. No. 189 of 2014), in effect as per reg. 1; revoked (1.01.2015) by Equidae (Transfer of Ownership) (No. 2) Regulations 2014 (S.I. No. 602 of 2014).

E56

Previous affecting provision: power pursuant to section exercised (6.03.2014) by Notification and Control of Animal Diseases Regulations 2014 (S.I. No. 110 of 2014), in effect as per reg. 1; revoked (1.02.2016) by Notification and Control of Diseases affecting Terrestrial Animals Regulations 2016 (S.I. No. 50 of 2016), reg. 8(j), in effect as per reg. 1.

E57

Previous affecting provisions: power pursuant to section exercised (6.03.2014):

Pet Passport Regulations 2014 (S.I. No. 119 of 2014), in effect as per reg. 1; ceased on 28.12.2014.

• by Prohibition on Tail-docking (Bovines) Regulations 2014 (S.I. No. 117 of 2014), in effect as per reg. 1; revoked (3.06.2014) by Prohibition on Tail-docking (Bovines) (No. 2) Regulations 2014 (S.I. No. 225 of 2014), in effect as per reg. 1.

• by Animal Health and Welfare (Restriction on horned cattle) Regulations 2014 (S.I. No. 111 of 2014), in effect as per reg. 1; revoked (3.06.2014) by Animal Health and Welfare (Restriction on Horned Cattle) (No. 2) Regulations 2014 (S.I. No. 224 of 2014), in effect as per reg. 1.

• by Prohibition on Tail Docking (Dogs) Regulations 2014 (S.I. No. 125 of 2014), in effect as per reg. 1; revoked (5.03.2014) by Animal Health and Welfare (Revocation) Regulations 2014 (S.I. No. 126 of 2014), in effect as per reg. 2.

• by Animal Health and Welfare (Operations and Procedures) Regulations 2014 (S.I. No. 123 of 2014), in effect as per reg. 1; revoked (5.03.2014) by Animal Health and Welfare (Revocation) Regulations 2014 (S.I. No. 126 of 2014), in effect as per reg. 2.