Fisheries (Amendment) Act, 1994

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Marking of packages containing salmon, trout, eels or molluscan shellfish.

22.—The Principal Act is hereby amended by the substitution of the following section for section 183 thereof:

“183.—(1) Every package or container containing salmon, trout, eels or molluscan shellfish in course of transit in the State shall be marked conspicuously on the outside with the words ‘salmon, trout, eels and molluscan shellfish’ or the words ‘salmon, trout and eels’ or the words ‘salmon, trout and molluscan shellfish’ or the words ‘salmon, eels and molluscan shellfish’ or the words ‘trout, eels and molluscan shellfish’ or the words ‘salmon and trout’ or the words ‘salmon and eels’ or the words ‘salmon and molluscan shellfish’ or the words ‘trout and eels’ or the words ‘trout and molluscan shellfish’ or the words ‘eels and molluscan shellfish’ or the word ‘salmon’ or the word ‘trout’ or the word ‘eels’ or the words ‘molluscan shellfish’, as the case may require, and shall have marked thereon or on a label affixed thereto the name and address of the consignor.

(2) Every person who sends or consigns for transit in the State any package or container containing salmon, trout, eels or molluscan shellfish which is not marked in the manner required by this section shall be guilty of an offence under this section.

(3) Every person who carries for reward, by land in the State, by sea from any port in the State or by air from anywhere in the State, any package or container containing salmon, trout, eels or molluscan shellfish which is not marked in the manner required by this section shall be guilty of an offence under this section unless he proves that he did not know and could not reasonably have known that such package or container contained salmon, trout, eels or molluscan shellfish.

(4) Every person guilty of an offence under this section shall be liable on summary conviction thereof in the case of a first offence to a fine not exceeding £500 and in the case of a second or any subsequent offence to a fine not exceeding £1,000 or at the discretion of the Court, to imprisonment for any term not exceeding 6 months or to both such fine and such imprisonment.

(5) For the purpose of this section a package or container shall be deemed to be in course of transit in the State when the same is being carried by any means whatsoever from any premises or place in the State to any other premises or place within or outside the State or is in any place, public or private, in the course of or for the purpose of such carriage.”.