On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/04/2003.
PART III
LICENSING OF SLAUGHTER-HOUSES, PROCESSING ESTABLISHMENTS AND COLD STORES
Slaughter of animals to be carried out at licensed slaughter-houses or premises permitted by Director-General
11.
—(1) No person shall slaughter any animal which is intended for human consumption or permit any such animal to be slaughtered on any premises, unless —
(a)
those premises have been licensed by the Director-General as a slaughter-house under this Act and the slaughter of the animal is carried out in accordance with the rules and the conditions of the licence; or
(b)
the Director-General has granted a permit to such person allowing him to slaughter the animal on those premises for any special reason and the slaughter of the animal is carried out in accordance with the rules and the conditions of the permit.
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(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(3) For the purpose of this section, the occupier of any premises in which any animal is slaughtered in contravention of subsection (1) shall be deemed to have slaughtered that animal, until he proves that it was slaughtered without his knowledge or consent.
12.
—(1) No person shall use any premises or permit any premises to be used as a processing establishment or a cold store except under and in accordance with the conditions of a licence granted by the Director-General.
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(2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
13.
—(1) An application for a licence required under section 11(1)(a) or 12(1) or a permit required under section 11(1)(b) shall be made to the Director-General in such form or manner as the Director-General may require and shall be accompanied by —
(a)
the prescribed fee;
(b)
such particulars, information and documents as may be specified by the Director-General; and
(c)
if required by the Director-General, a statutory declaration by the applicant verifying any information contained in or relating to the application.
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(2) On receipt of an application under subsection (1), the Director-General may —
(a)
grant the licence or permit applied for, with or without conditions; or
(b)
refuse to grant the licence or permit applied for.
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(3) Where the Director-General has refused to grant a licence or permit under subsection (2)(b), the Director-General shall, if required by the applicant, state in writing the reasons for his refusal.
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(4) In determining whether to grant or refuse to grant a licence required under section 11(1)(a) or 12(1), the Director-General shall have regard to —
(a)
the financial standing of the applicant and his ability to operate and maintain a slaughter-house, processing establishment or cold store, as the case may be, in accordance with the prescribed standards; and
(b)
the suitability of the premises to be licensed for use as a slaughter-house, processing establishment or cold store, as the case may be.
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(5) For the purpose of subsection (4), the Director-General, before granting the licence applied for, may —
(a)
require the applicant to produce to the Director-General evidence of his financial standing or to furnish a cash security deposit or a bank guarantee not exceeding the prescribed amount;
(b)
inspect the premises to be licensed, or cause such premises to be inspected by an authorised officer; and
(c)
require the applicant to make, at his own expense, such alteration or improvements to the premises to be licensed, or to provide, fix or install such facilities therein, as the Director-General may specify.
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(6) The Director-General may at any time vary or revoke any of the existing conditions imposed under subsection (2)(a) or impose new conditions.
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(7) Every licence or permit granted under this section —
(a)
shall be in such form as the Director-General may determine;
(b)
shall be valid for the period stated therein unless it is sooner revoked under section 14; and
(c)
in the case of a licence, may be renewed upon its expiry.
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(8) Subsections (1) to (7) shall apply, with the necessary modifications, to an application for the renewal of a licence.
14.
—(1) The Director-General may suspend or revoke a licence or permit granted under section 13, if he is satisfied that —
(a)
the grant of the licence or permit has been obtained by fraud or misrepresentation;
(b)
the holder of the licence or permit is contravening or has contravened or failed to comply with —
(i)
any of the provisions of this Act or the rules;
(ii)
any condition of his licence or permit; or
(iii)
any direction given to him by the Director-General or an authorised officer under this Act or the rules; or
(c)
it is in the public interest to suspend or revoke the licence or permit.
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(2) The Director-General shall, before suspending or revoking the licence or permit under subsection (1), give to the holder of the licence or permit notice in writing of his intention to do so and shall in such notice call upon the holder of the licence or permit to show cause within such time as may be specified in the notice as to why his licence or permit should not be suspended or revoked.
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(3) If the holder of the licence or permit —
(a)
fails to show cause within the period of time given to him to do so or such extended period of time as the Director-General may allow; or
(b)
fails to show sufficient cause,
the Director-General shall give notice in writing to the holder of the licence or permit of the date from which the suspension or revocation of his licence or permit is to take effect.
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15.
—(1) Any person who is aggrieved by —
(a)
the imposition of any condition by the Director-General upon granting or renewing a licence or upon granting a permit under section 13;
(b)
the refusal of the Director-General to grant or renew a licence or to grant a permit under section 13; or
(c)
the decision of the Director-General to suspend or revoke a licence or permit under section 14,
may, within 7 days of the date of receipt of the notice informing him of such imposition of conditions, refusal, suspension or revocation, as the case may be, appeal in writing to the Minister whose decision shall be final.
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(2) Notwithstanding that any appeal under subsection (1) is pending —
(a)
any condition imposed by the Director-General upon granting or renewing a licence or upon granting a permit under section 13; or
(b)
the suspension or revocation of a licence or permit under section 14,
shall take effect from the date specified in the notice by the Director-General, unless the Minister otherwise orders.
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(3) Upon the suspension or revocation of a licence or permit, the holder of the licence or permit shall surrender the licence or permit to the Director-General within the time specified in the notice referred to in subsection (1), failing which the holder of the licence or permit shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
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16.
—(1) The Director-General may in writing direct the owner or occupier of a licensed slaughter-house to subject all or any of the animals intended for slaughter at the slaughter-house to an ante mortem examination before slaughter, and to a post mortem examination after slaughter, by an authorised examiner.
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(2) The costs of and incidental to any examination referred to in subsection (1) shall be borne by the person to whom the direction under that subsection is given.
(3) Any person who fails to comply with any direction given to him by the Director-General under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
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17.
—(1) It shall be the duty of the owner and occupier of a licensed slaughter-house to ensure —
(a)
that no animal which is diseased or which is, for any other reason, unfit for human consumption is slaughtered at the slaughter-house; and
(b)
that the carcase of any animal which, upon being slaughtered at the slaughter-house, is found to have any disease or to be otherwise unfit for human consumption is destroyed or disposed of in the prescribed manner.
(2) The owner or occupier of a licensed slaughter-house who fails to comply with any of his duties under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(3) In any proceedings against the owner or occupier of a licensed slaughter-house for failing to comply with his duty under subsection (1)(a), it shall be a defence for the person charged to prove —
(a)
that until the animal had been slaughtered, he did not know, and could not with reasonable diligence have ascertained, that the animal was diseased or otherwise unfit for human consumption; and
(b)
that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or by any person under his control.
18.
—(1) Where the Director-General or an authorised officer knows or has reason to believe that any animal intended for slaughter at a licensed slaughter-house is diseased or is, for any other reason, unfit for human consumption, the Director-General or authorised officer may by order in writing —
(a)
prohibit the owner or occupier of the licensed slaughter- house from slaughtering that animal; and
(b)
require the owner or occupier of the licensed slaughter- house to destroy or treat such animal at his own expense in such manner as the Director-General or authorised officer thinks fit.
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(2) Any person who fails to comply with an order given to him by the Director-General or an authorised officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
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19.
—(1) Where the Director-General or an authorised officer knows or has reason to believe that the carcase of any animal which has been slaughtered at a licensed slaughter-house is diseased or is, for any other reason, unfit for human consumption, the Director-General or authorised officer may by order in writing —
(a)
prohibit the owner or occupier of the licensed slaughter- house from dressing that carcase; and
(b)
require the owner or occupier of the licensed slaughter- house to destroy or treat such carcase at his own expense in such manner as the Director-General or authorised officer thinks fit.
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(2) Any person who fails to comply with an order given to him by the Director-General or an authorised officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
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20.
—(1) Before the carcase of any animal that has been slaughtered in a licensed slaughter-house is removed, it shall be marked, branded or tagged in the prescribed manner to denote that that animal has been slaughtered in compliance with section 11(1)(a).
(2) Any person who —
(a)
removes, without lawful excuse, the carcase of any animal that has been slaughtered in a licensed slaughter-house before that carcase is marked, branded or tagged in accordance with subsection (1);
(b)
marks, brands or tags the carcase or any part of the carcase of an animal which was not slaughtered at a licensed slaughter-house with the intention of causing it to be believed that the animal was slaughtered at such a slaughter-house;
(c)
makes or has in his possession any dye, plate or other instrument for the purpose of it being used or knowing or having reason to believe that it is intended to be used for the purpose of counterfeiting the mark, brand or tag of a licensed slaughter-house; or
(d)
sells or exposes for sale or has in his possession for sale the carcase or any part of the carcase of an animal which was not slaughtered at a licensed slaughter-house but which —
(i)
bears any mark, brand or tag which is intended to represent the mark, brand or tag of a licensed slaughter-house; or
(ii)
is so marked, branded or tagged as to cause it to be believed that the animal was slaughtered in a licensed slaughter-house,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(3) Subject to subsection (4), in any proceedings for an offence under subsection (2)(d), it shall be a defence for the person charged to prove —
(a)
that the commission of the offence was due to the act or default of another person or to some other cause beyond his control; and
(b)
that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or by any person under his control.
(4) If in any case the defence provided by subsection (3) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information as was then in his possession identifying or assisting in the identification of that other person.
21.
—(1) Where the Director-General or an authorised officer finds that any condition in a licensed slaughter-house, processing establishment or cold store has become dangerous to health or may hinder in any manner the suppression of disease or that the licensed slaughter-house, processing establishment or cold store has been or is being kept in an unhygienic condition, the Director-General or authorised officer may —
(a)
give written directives requiring that the slaughter-house, processing establishment or cold store, as the case may be, be closed for such time as the Director-General may determine; or
(b)
give directives for the immediate stoppage of any slaughtering, processing or other work until he is satisfied that the owner or occupier of the slaughter-house, processing establishment or cold store, as the case may be, has taken action to render the slaughter-house, processing establishment or cold store in a clean and hygienic condition again.
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(2) The Director-General or an authorised officer shall, as soon as possible after he has given written directives under subsection (1)(a), inform the owner or occupier of the slaughter-house, processing establishment or cold store of the reasons why the directives were given.
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(3) Any person who fails to comply with any directive given to him by the Director-General or an authorised officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
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