Animal Health and Welfare Act 2013

F12[Compliance with EU Regulations - offence and penalty

36A

36A. Where a person contravenes or fails to comply with an obligation imposed on the person by a provision of a Regulation of an institution of the European Union relating to animals or animal products, including disease, health, welfare, identification, movement, transport, import, export, traceability, sale or supply, which is stated in regulations made under this section to be a breach to which this section applies, the person commits an offence and where the contravention or failure is stated in the regulations

(a) to be a breach to which this paragraph applies, is liable, on summary conviction, to a class A fine, or

(b) to be a breach to which this paragraph applies, 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.]

Annotations

Amendments:

F12

Inserted (28.05.2019) by Greyhound Racing Act 2019 (15/2019), s. 62, commenced on enactment. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

Editorial Notes:

E125

Power pursuant to section exercised (4.05.2023)Import and Export of Animals and Animal Products (Animal Health Certificates) Regulations 2021 (Amendment) Regulations 2022 (S.I. No. 259 of 2023).

E126

Power pursuant to section exercised (20.12.2021) by Import and Export of Animals and Animal Products (Animal Health Certificates) Regulations 2021 (S.I. No. 784 of 2021).

E127

The section heading is taken from the amending section in the absence of one included in the amendment.