Animal Remedies Act, 1993
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Implied condition in certain contracts of sale. |
7.—(1) In every contract of sale there shall be an implied condition on the part of the seller that all reasonable precautions have been taken and all due diligence has been exercised to ensure— | |
(a) in the case of the sale of an animal, that the animal was not treated with any animal remedy and, in the case of an agreement to sell an animal, the animal was not so treated and will not be so treated prior to the time when the property is to pass, and | ||
(b) in the case of the sale of, or an agreement to sell, the carcase of any animal or food derived from any animal, that the animal had not been treated with any animal remedy, | ||
otherwise than in accordance with this Act or of any regulations made, or continued in force or deemed to have been made, thereunder. | ||
(2) (a) Subject to paragraph (b), any term of a contract implied by virtue of subsection (1) may be negatived or varied, by an express term in the contract, in so far as the first-mentioned term relates to an animal remedy— | ||
(i) which has been administered to an animal before being imported into the State, and | ||
(ii) in respect of which the Minister has granted an exemption from destruction under subsection (7) of section 8 , | ||
but only if the express term is fair and reasonable and has been specifically brought to the attention of the buyer. | ||
(b) Paragraph (a) shall not apply to an animal imported into the State where the sale of the animal would not be in accordance with a condition imposed by the Minister on the exemption. | ||
(3) Any term of a contract implied by virtue of subsection (1) may not be negatived or varied in so far as it relates to an animal remedy other than in respect of an animal remedy to which subsection (2) relates. |