Calves (Protection Amendment) Regulations, 2011 (protectionamendment)

L.N. 23 of 2011

ANIMAL WELFARE ACT

(CAP. 439)

Calves (Protection Amendment) Regulations, 2011

IN EXERCISE of the powers conferred by articles 8 and 46

of the Animal Welfare Act, the Minister for Resources and Rural

Affairs, on advice of the Council for Animal Welfare has made the

following regulations

(1) The title of these regulations is the Calves

(Protection Amendment) Regulations, 2011 and they shall be read

and construed as one with the Calves (Protection) Regulations,

2003, hereinafter referred to as “the principal regulations”.

For sub-regulation (3) of regulation 1 of the principal

regulations there shall be substituted the following

“(3) The scope of these regulations is to transpose

Council Directive 91/629/EEC laying down minimum

standards for the protection of calves as codified by Directive

2008/119/EC laying down minimum standards for the

protection of calves (Codified version), for the purpose of

clarity and rationality, provided that Directive 91/629/EEC

has been subject to several substantial amendments thereto.”.

Regulation 2 of the principal regulations shall be

amended as follows

(a) immediately before the definition “calf”, there shall

be inserted the following new definitions

“ “the Act” means the Animal Welfare Act;

“authorisation” means any authorisation granted in terms

of the Veterinary Services Act to breed annimals of the bovine

species, and in relation to owners or keepers and their services

means a permit, licence, warrant, appointment, concession or

any decision concerning access to a service activity or the

exercise thereof;”; and

(b) immediately after the definition “competent

authority”, there shall be inserted the following new

definitions

“ “the Director” means the Director responsible for

veterinary services or his representative duly assigned

by him to act on his behalf;

“final consumer” shall have the same meaning as

that provided under the Animal Health Requirements

Governing Trade and Imports into the Community

of Animals, Semen, Ova and Embryos not Subject

to Animal Health Requirements laid down in Specific

Community Acts, Rules 2009;

“keeper” means any natural or legal person

responsible for or in charge of calves in terms of contract

or by law whether on a permanent or temporary basis;

“owner” means any natural or legal person or

persons owning the holding where calves are kept;

“the product” means any product of animal origin

intended for final consumers or for trading purposes;”.

Immediately after sub-regulation (4) of regulation 3 of Amends regulation

the principal regulations, there shall be inserted the following new regualtions.

sub-regulations

“(5) The Director shall apply all such necessary

administrative measures conforming to the requirements of the

Food Chain and Animal Health according to the requirements

of these regulations, to ensure that there is no breach of these

regulations and also to reduce the risk for final consumers and

any additional risk to animals and to the environment.

(6) These measures shall include the direct confiscation

of the product, the suspension of the activities carried out by

the owner or keeper of the animals, being primarily responsible

for animal welfare, and the withdrawal, forfeiture or suspension

of the authorisation, licence or permit with regard to such

activities when these are creating a risk to final consumers and

to the environment. The application of administrative fines and

effective and dissuasive penalties in terms of articles 45 and 47

of the Act shall also apply in this regard.”.

For sub-regulation 2 of regulation 9 of the principal

regulations there shall be substituted the following

“(2) Any person who fails to abide by these

regulations shall, on conviction, also be liable to the

provisions and measures of sub-regulations (5) and (6)

of regulation 3 of these regulations.

(2) Any right given to the competent

authority under these regulations to apply all such

necessary measures prescribed in sub-regulations (5) and

(6) of regulation 3 hereof, shall be given to the Authority

without prejudice to other criminal procedures which

may be taken under the Act or any other law when a

person commits an offence by failing to abide by these

regulations.”.

€0.28