Animal Remedies Act, 1993
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Interpretation. |
1.—(1) In this Act, unless the context otherwise requires— | |
“administration”, in relation to an animal remedy, means administration or application to an animal, whether internally or externally, and includes oral, parenteral, and topical administration or application, and the administration or application— | ||
(a) by inhalation, | ||
(b) by incorporation in food or water, or | ||
(c) by means of automatic machines or processes, | ||
and cognate words shall be construed accordingly; | ||
“advertisement or other promotion” includes any form of advertising or other promotion by means of— | ||
(a) radio, television, computer monitor, telephone or other like means of communication, | ||
(b) a recording, whether mechanical or electronic, and | ||
(c) a notice, poster, pamphlet, circular, label, wrapper or other like document; | ||
“animal”, except in the definition of “substance” and section 11 (1) (e), means any animal in relation to which this Act applies by virtue of section 2 ; | ||
“animal remedy” means any substance or combination of substances which— | ||
(a) is intended for administration to animals, | ||
(b) may be administered to animals, or | ||
(c) is, whether expressly or by implication, presented for administration to animals, | ||
for the purpose of— | ||
(i) treating, preventing or modifying disease in animals, | ||
(ii) making a medical or surgical diagnosis in animals, | ||
(iii) restoring, correcting or modifying physiological functions in animals, or | ||
(iv) except for a substance or combination of substances being a feedingstuff commonly known and solely used as such, otherwise improving the health or condition of animals; | ||
“authorised officer”, subject to section 18 , means a person authorised in writing by the Minister under section 10 to be an authorised officer for the purposes of some or all of the provisions of this Act or deemed to have been appointed an authorised officer by virtue of, and for the purposes set out in, section 31 (2); | ||
“carcase” includes part of a carcase, whether edible or not, including blood and offal; | ||
“the Consultative Committee” means the committee referred to in section 3 ; | ||
“disease” includes any injury, ailment or defect; | ||
“document” includes any book and any other record, whether legible or in a machine readable form; | ||
“European Communities” has the meaning assigned to it by section 1 (1) of the European Communities Act, 1972 ; | ||
“functions” includes powers and duties; | ||
“human consumption” includes intended for incorporation in, or manufacture into, a food intended for human consumption; | ||
“land”, where the context admits, includes land covered by water, and references to in, on, under or from any land shall be construed accordingly; | ||
“manufacture” means total or partial manufacture and includes processing, compounding, formulating, filling, dividing up, packing, labelling and presentation and cognate words shall be construed accordingly; | ||
“the Minister” means the Minister for Agriculture, Food and Forestry; | ||
“prohibited animal remedy” means any animal remedy or ingredient for an animal remedy in respect of which— | ||
(a) by virtue of regulations made under section 8 or, where appropriate, deemed to have been so made or continued in force by virtue of section 8 (8) or 31 (1), a licence, authorisation or direction is required to have been issued for the purpose of its administration to an animal or for its use for other purposes, and | ||
(b) either— | ||
(i) such licence, authorisation or direction has not been so issued, or | ||
(ii) where such licence, authorisation or direction has been so issued, any condition or other requirement to which it is subject to has not been complied with or is no longer complied with; | ||
“sell” includes offer, expose or keep for sale, invite an offer to buy, or distribute for reward and cognate words shall be construed accordingly; | ||
“supply” includes giving without payment; | ||
“substance” means any matter irrespective of origin, whether such matter is of— | ||
(a) human origin (including human blood and human blood products), | ||
(b) animal origin (including micro-organisms, whole or parts of animals, parts of organs and animal secretions, toxins, antitoxins, sera, antisera, extracts and blood products), | ||
(c) vegetable origin (including micro-organisms, plants, parts of plants and vegetable secretions or extracts), | ||
(d) chemical origin (including elements, naturally occurring chemical materials and chemical products obtained by chemical change or synthesis), | ||
(e) any other substance within the meaning of paragraph 3 of Article 1 of Council Directive No. 65/65/EEC of 26 January 1965(a) , or | ||
(f) any combination of the foregoing; | ||
“vehicle” includes a ship, hovercraft, aircraft and offshore installation (being an offshore installation within the meaning assigned to it by section 2 (1) of the Safety, Health and Welfare (Offshore Installations) Act, 1987 ). | ||
(2) A word or phrase that is used in this Act in respect of a matter which gives effect to an act of the European Communities relating to animal remedies and which is also used in the said act of the European Communities has, except where the context otherwise requires, the same meaning as it has in the said act of the European Communities. | ||
(3) (a) A reference in this Act to a section is a reference to a section of this Act unless it is indicated that a reference to some other Act is intended. | ||
(b) A reference in this Act to a subsection or to a paragraph is to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended. | ||