MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949

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MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949 - SECT 7

Enforcement.

7.(1) Any officer of the Ministry acting in the execution of this Act shall,
without prejudice to any other provision of this Act, have power

(a)to enter at all reasonable times any premises owned or occupied for the
purpose of his business by a licence-holder or holder of a permit, and to
inspect any process in connection with the purchase, preparation and
sale by wholesale of poultry, or any poultry being in his possession for the
purpose of his business;

(b)to take for the purpose of expert examination, samples of poultry found in
his possession for the purpose of his business.

(2) If the Ministry has reason to believe that wholesale transactions in
poultry are carried on by any person not a licence-holder or holder of
a permit, the Ministry may specially authorise any of its officers to enter
the premises of that person, and in such cases the officer shall have the like
powers of entry, inspection or taking samples as if the premises were owned or
occupied by a licence-holder or holder of a permit. An officer of the Ministry
shall not be entitled to exercise any of his powers under this sub-section
unless he produces his special authority, if requested to do so by or on
behalf of the owner or occupier of the premises to be entered.

(3) An officer of the Ministry duly authorised by the Ministry in that behalf
either generally or in respect of a particular occasion, shall have power to
enter at all reasonable times

(a)the premises of any person engaged in the business of carrying goods for
reward;

(b)any pier, quay, wharf, jetty, dock or dock premises;

(c)any ship, boat, railway waggon, motor lorry, cart or other vessel or
vehicle used for the conveyance of goods; and

(d)any aerodrome or premises used in connection therewith, or any aircraft;

(4) An officer of the Ministry duly authorised under the preceding sub-section
shall have the following powers

(a)to remove for the purpose of examination, cases of poultry from any
premises, vessel, vehicle or aircraft which such officer has power to enter
under the said section;

(b)to detain in his custody, for so long as may be necessary for the purpose
of examination, cases of poultry removed as aforesaid;

(c)to remove from a case of poultry forming part of any consignment any
poultry being in that case in contravention of the requirements of this Act or
the rules made thereunder, or any poultry reasonably required as samples for
examination.

(5) Where any case of poultry is examined by an officer under the preceding
sub-sections (3) or (4) of this section, the case shall be marked by an
officer to that effect, and such mark shall be deemed to be sufficient
notification to the consignee that the case has been so examined, and
the Ministry shall notify the consignor of the examination.

(6) Where an examination of a consignment of poultry is made under sub-section
(3) or (4) of this section, and the Ministry is satisfied that the consignment
or any part thereof does not conform to the standards prescribed under
this Act, the Ministry may direct that such consignment or part thereof shall
be returned to the consignor, at his expense, at the place from which it was
consigned, or if the Ministry approves at such place as the consignor may
elect.

(7) Where any poultry has been removed from a consignment under paragraph (c)
of sub-section (4) of this section, the poultry shall, except such as are
reasonably required as samples, be delivered to the consignor at the place of
examination or at any other such place as the Ministry may elect, or, if the
consignor fails to take delivery at such place, shall be sold and the
proceeds, less any expenses incurred by the Ministry in connection with the
removal or sale, shall be paid to the consignor at such times and in such
manner as the Ministry may fix.

(8) An authorised officer of the Ministry, acting in the exercise of any power
conferred upon him by this section on any premises of a person carrying goods
for reward, shall comply with such reasonable requirements of such person as
are necessary to prevent any obstruction of or interference with the working
of the traffic thereat; and such a person shall not be liable for or on
account of any loss or damage arising from the exercise by any such officer of
any power conferred as aforesaid.

(9) Nothing in this section shall be construed as authorising anything to be
done to the prejudice of any powers of a carrier to secure payment of freight
charges in respect of anything carried by him.

(10) Any person who obstructs or impedes an authorised officer of the Ministry
in the exercise of any power conferred on him by this section shall be liable
on summary conviction to the penalties specified in sub-section (8) of this
section.

(11) Any person who faudulently alters or uses, or causes or permits to be
fraudulently altered or used, any licence, permit or other document granted or
issued under or by virtue of this Act shall be liable on summary conviction to
the penalties specified in the next succeeding sub-section.

(12) Any person who acts in contravention of or neglects or fails to comply
with any provision of this Act or of any regulation made thereunder shall on
summary conviction be liable

(a)for a first offence, to a fine not exceeding twenty pounds;

(b)for a second or any subsequent offence, to a fine not exceeding fifty
pounds;

(13) Where an offence under this Act was committed by a body corporate and is
proved to have been so committed with the consent or approval, or to have been
facilitated by any neglect or default on the part, of any director, manager,
secretary or other officer thereof, such director, manager, secretary or other
officer shall be deemed to be guilty of such offence and shall be liable to be
proceeded against and punished accordingly.

(14) All offences under this Act shall be prosecuted, and all fines in respect
thereof shall be recovered, in manner provided by the Summary Jurisdiction
Acts (Northern Ireland).

(15) A prosecution for an offence under this Act shall not be instituted
otherwise than by or with the consent of the Ministry, except

(a)a prosecution for an offence committed by an officer of the Ministry;

(b)a prosecution by a [district council] for an offence against this Act which
is also an offence against any enactment relating to the sale of food or the
public health and enforceable by such [council]:

Provided that no person shall be liable to be punished more than once for any
such offence as is referred to in paragraph (b) of this sub-section.
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Northern Irish Legislation

MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949 - SECT 7
