Animal Health and Welfare Act 2013
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PART 7 Regulations Relating to Animal Health and Welfare | ||
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Animal health and welfare regulations. |
36.—(1) The Minister may make regulations (“animal health and welfare regulations”) for the purpose of— | |
(a) preventing or minimising the risk, or spread, of disease or of a disease agent, | ||
(b) controlling or eradicating disease or a disease agent, | ||
(c) protecting or enhancing animal health and welfare, | ||
(d) controlling or prohibiting— | ||
(i) specified uses or activities involving or relating to animals, animal products, animal feed or animal husbandry, or | ||
(ii) the keeping, movement, transportation, sale or supply, of an animal, animal product or animal feed in the interests of animal health and animal welfare, | ||
or | ||
(e) providing for any or all of the matters set out in Schedule 3 . | ||
(2) Animal health and welfare regulations may apply to— | ||
(a) the State or parts of the State (including disease eradication areas), | ||
(b) animals, animal products or animal feed generally, or to animals, animal products or animal feed of a particular class or description, | ||
(c) diseases generally or to diseases or disease agents of a particular class or description, | ||
(d) land or premises generally or to land or premises of a particular class or description, | ||
(e) vehicles, vessels, aircraft, machinery or equipment, generally or of a particular class or description, and | ||
(f) persons generally or to persons of a particular class or description. | ||
(3) Animal health and welfare regulations may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations. | ||
(4) A person who contravenes or fails to comply with a provision of animal health and welfare regulations which is stated in the regulations to be a penal provision— | ||
(a) to which this paragraph applies, commits an offence and is liable, on summary conviction, to a class A fine, or | ||
(b) to which this paragraph applies or is an instrument to which section 75 refers, commits an offence and is liable— | ||
(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or | ||
(ii) on conviction on indictment, to a fine not exceeding €250,000 or to a term of imprisonment not exceeding 5 years, or to both. | ||
(5) Section 16 of the Dog Breeding Establishments Act 2010 does not apply to a dog in a dog breeding establishment where— | ||
(a) the dog is implanted with a microchip, or | ||
(b) the dog is removed, caused to be removed or its removal has been permitted to another premises, | ||
in accordance with animal health and welfare regulations. | ||
(6) Animal health and welfare regulations may provide for the extent (if any) to which— | ||
(a) regulations under section 28 of the Control of Horses Act 1996 relating to the identification of horses, or | ||
(b) regulations under section 9(2) of the Welfare of Greyhounds Act 2011 regarding the identification and traceability of greyhounds, | ||
do not apply. |