Animal Health and Welfare Act 2013

63.

Animal tracing systems.

63.—(1) The Minister may establish and continue animal tracing systems (including a database) in which shall be entered data mentioned in subsection (2) in relation to protected animals.

(2) For the purposes of subsection (1), the Minister may by regulations provide for—

( a) the collection of data by such means, including electronically, as the Minister considers appropriate, on—

(i) land and premises where protected animals are kept,

(ii) births, movements and deaths of protected animals,

(iii) persons who move protected animals whether on their own behalf or on behalf of other persons,

( b) the persons or classes of persons required to submit or keep data,

( c) the type or breed of protected animal to which the collection of data applies,

( d) the period within which data is to be submitted and to whom,

( e) the form and content of data to be kept,

( f) the use of a database in connection with tracing and, in particular, the export, movement, sale or supply of a protected animal, or slaughter for human consumption of a farm animal, and

( g) provision for access to such databases, systems and data.

(3) In proceedings for an offence for a contravention of or failure to comply with regulations made under subsection (2) a certificate purporting to be signed by a person employed in connection with an animal tracing scheme stating the capacity in which the person is employed and stating that on a particular day or days, or during a particular period—

( a) data required to be submitted—

(i) was received and the information contained in that data, or

(ii) by a named person was not received,

and

( b) data specified in the certificate is a legible copy of the data stored in the system,

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

(4) The Minister may for the purposes of animal tracing systems in regulations provide for the regulation, either generally or in specified circumstances, of the export, movement, sale or supply of protected animals or slaughter for human consumption of farm animals, to which the regulations apply.

(5) A person who contravenes or fails to comply with a provision of regulations made under this section 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

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

(i) on summary conviction, to a class A fine or to a term of imprisonment 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.

(6) Regulations made under this section are in addition to and not in substitution for animal health and welfare regulations.

(7) In this section “data” means information supplied or gathered and records kept for the purposes of tracing protected animals under protected animal tracing systems.

Annotations:

Editorial Notes:

E71

Power pursuant to section exercised (26.04.2018) by Animal Health and Welfare (Export) Regulations 2018 (S.I. No. 145 of 2018); reg. 5 is designated a penal provision to which subs. (5)(a) applies, by reg. 6.

E72

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).