42.—(1) Where an authorised officer is of the opinion that—

(a) a contravention of this Act, an EU measure or animal health and welfare regulations may have taken place or may be taking place,

(b) an animal, animal product or animal feed, land or premises is, or may be, affected with disease or a disease agent,

(c) a person is not, or is not capable of, taking care of a protected animal, or

(d) the conditions (including the method of husbandry and the number of protected animals on land or premises) under which a protected animal is kept or otherwise used may—

(i) give rise to injury or unnecessary suffering or other risk to the welfare of the animal or another animal,

(ii) pose or are likely to pose a threat to the health or welfare of the animal or another animal,

(iii) give rise to risk of disease, to the presence of a disease agent or the outbreak or the spread of disease, or

(iv) impede efforts to control or eradicate a disease or a disease agent,

the officer may serve a notice (“animal health and welfare notice”) stating that opinion on the person—

(I) who appears to be the owner, occupier or person in charge of the land or premises, or

(II) in possession or control of an animal, animal product, animal feed or other thing to which the notice relates.

(2) An animal health and welfare notice shall—

(a) require the person on whom it is served to take such action as specified in the notice,

(b) inform the person on whom it is served that he or she may appeal the notice to the District Court under section 43, and

(c) state that if the person on whom it is served fails to comply with the notice, he or she commits an offence and is liable to a penalty set out in section 52(2).

(3) An animal health and welfare notice may—

(a) require that a protected animal which is ill, injured or enduring unnecessary suffering be cared for in the manner specified in the notice,

(b) require that veterinary or other appropriate advice or treatment be obtained in respect of a protected animal,

(c) require that a protected animal be supplied with animal feed appropriate to its age and type, species, breed, development and environment and in such quantity that will maintain it in good health,

(d) require that a protected animal be given access to a supply of wholesome and uncontaminated drinking water or other suitable liquid as will enable it to fulfil its fluid intake needs,

(e) require that a protected animal, animal product, animal feed or other thing be moved to, or not be moved from, and kept at a place specified in the notice,

(f) require that such alterations be made to the manner in which a protected animal is kept as may be specified in the notice,

(g) require that no more than a specified number (which may be zero) of protected animals or protected animals of a particular class or description are kept on any land or premises,

(h) require that an animal, animal product, animal feed or other thing be killed, disposed of or destroyed in a manner and at a place (if any) specified in the notice,

(i) prohibit or regulate an activity specified in the notice, including prohibiting or restricting entry onto land or premises specified in the notice,

(j) require that the owner or person in charge of any land or premises dispose of an animal, animal product or animal feed in a manner specified in the notice,

(k) prohibit the transport or the further transport of an animal, animal product, animal feed, or other thing either absolutely or unless such conditions as may be specified in the notice are complied with,

(l) require a person to return an animal, animal product, animal feed or other thing to its place of departure (whether within the State or otherwise) by a route which in the opinion of the authorised officer is the most direct or prudent,

(m) require that such alterations or additions be made to land or premises, means of transport, machinery or equipment used in connection with an animal, animal product, animal feed or other thing as may be specified in the notice,

(n) require a person to secure, isolate or segregate an animal, animal product, animal feed or other thing in a manner (if any) as may be specified in the notice,

(o) require that a person have carried out such examinations, tests or analyses as may be specified in the notice in a manner specified in the notice,

(p) require a person to clean or disinfect land or premises or a vehicle, vessel, aircraft, railway wagon, container, equipment or machinery used in connection with an animal, animal product, animal feed or other thing, or part of any of them, in a manner as may be specified in the notice, or

(q) require a person in charge of a premises where disease is suspected or present to affix notices prohibiting or restricting entry to the land or premises in accordance with the notice.

F19[(3A) An animal health and welfare notice may contain such incidental, supplementary and consequential measures relating to the keeping of records and the making of returns by the person on whom the notice is served as appear to the authorised officer serving the notice to be necessary for the purposes of the notice having full effect or of providing evidence that the notice has full effect.]

(4) A person on whom an animal health and welfare notice is served shall—

(a) comply with it until the notice expires or is annulled under section 43, and

(b) not cause or permit another person to contravene the terms of the notice.

(5) An animal health and welfare notice may specify a time limit within which it is to be complied with.

(6) An animal health and welfare notice may be modified or withdrawn by a further notice and the earlier notice has effect subject to the modification or withdrawal.

(7) An animal health and welfare notice may require the owner, occupier or person in charge of land or premises or the owner or person in possession or control of an animal, animal product, animal feed or other thing to which the notice relates to choose between 2 or more of the requirements specified in the notice.

(8) An animal health and welfare notice shall include an address for service of an appeal under section 43.

(9) A person on whom an animal health and welfare notice is served who fails to comply with, or causes or permits another person to contravene, the notice commits an offence.

(10) A person (other than an authorised officer or person accompanying an authorised officer) shall not enter or go onto any land or premises in contravention of a notice affixed in accordance with an animal health and welfare notice.

(11) A person who contravenes subsection (10) commits an offence.