by Carrie Jane Canniffe B.L., David Burke B.L., Barra Faughnan B.L.

Should you wish to print out the 14 chapters of the ISPCA Legal Document, click here to download this .zip file

 

 

Section 2 states inter alia that the term "animal" "includes only cattle, sheep, goats, pigs, horses, asses and mules".

Back to an Overview of The Regulation of Animal Slaughter

 

Part II of the 1935 Act requires the following:-

Section 12:-

WATER: That there be a sufficient quantity of water available for use in the slaughter house and that those animals kept for a period in excess of one hour be provided with a sufficient "quantity of wholesome drinking water".

FOOD: If an animal is kept for a period in excess of 24 hours the animal should be supplied with a quantity of wholesome food.

It is not sufficient to feed the animal poor scraps or dirty drinking water and if this is being done the slaughter house owner/ occupier would be in breach of these provisions. Note the wholesome requirement in this regard.

If any of these requirements are not met the person would be guilty of a summary offence.

Back to an Overview of The Regulation of Animal Slaughter
 

No, this is prohibited by Section 13 and a breach of the same is a summary offence.

Back to an Overview of The Regulation of Animal Slaughter

 

Yes, it is a summary offence to slaughter an animal in such a way as to cause "any unnecessary, avoidable, or excessive pain or suffering of the animal", Section 14.

This section takes cognisance of the obvious fact that there will be an amount of pain and suffering in the slaughtering process, however it seeks to minimise this. If therefore a member of the public should find that a slaughter house prolongs this pain they should contact the authorities. The slaughterers could cause this suffering by neglect or by an omission which makes this a very wide section. i.e. nothing need actively be done in order to breach this provision.

Back to an Overview of The Regulation of Animal Slaughter

 

Section 15 requires that only approved instruments be used in the slaughter of the animal.(This includes rendering the animal unconscious.). To do otherwise would be to commit a summary offence. The Minister may regulate whether an instrument is an approved instrument, Section 16.

It should be noted that to date there have been no regulations made in relation to this section. While on the face of it the section is therefore redundant, if there were concerns in relation to the use of a particular type of equipment the Minister could be approached in order to have him declare the same to be prohibited.

Back to an Overview of The Regulation of Animal Slaughter

 

Yes, where the animal is being slaughtered for consumption by Jews or Mohammedans there is an exception to Section 15. There is also an additional exception where the animals are being slaughtered by order of the Minister for Agriculture in the course of an inquiry, investigation or experiment.

Note: Section 15(4) has been repealed by the 1988 Act, Section 3 and Schedule 1.

Back to an Overview of The Regulation of Animal Slaughter
 

Yes, those wishing to prosecute under the 1935 Act should be aware of the defence available under Section 17 where it states that it shall be a good defence to a charge under Part II of the Act "to show that the act alleged to constitute such an offence was done for the purpose of preventing unnecessary pain or suffering to such animal or preventing injury to any human being or to any animal or property and that such act was a reasonable thing to do in the circumstances for one or more of the purposes as aforesaid."

Back to an Overview of The Regulation of Animal Slaughter
 

The duty of enforcement vests with the Local Authority, Section 5, 1935 Act ( as amended by 1988 Abattoirs Act, Section 47 - Previously the Sanitary Authority were vested with the powers of enforcement.)

The Local Authority appoints Veterinary Officers to carry out the functions of the Authority under the Act, Section 6 as amended.

The Local Authority are the persons to prosecute any offences under the Act, Section 7 as amended.

Back to an Overview of The Regulation of Animal Slaughter
 

Section 9 lays down the powers of the Gardaí who may enter any slaughter house:-

TIME:"whenever any animal is being slaughtered or any carcass is being dressed therein or at any other reasonable time"

INSPECT: They may inspect "the plant, appliances, and equipment therein and all animals and carcasses of animals in such slaughter house."

OBSERVE: They may observe "all or any of the processes used in the business."

DEMAND: They may demand of the occupier or person in charge of the slaughter house "the name and address of the person by whom any animal is about to be or is being or was slaughtered in such slaughterhouse".

They may also demand to be told whether the person has a licence, request the production of that licence and where the person does not hold a licence they may demand that the person give their name and address. This may be done also where there is a reasonable suspicion that a person slaughtered an animal without a slaughter licence. In other words this demand may be made regardless of whether there is a search of a slaughter house in progress.

A person in contravention of the Principal Act of 1935 is effectively required to provide the Gardaí with their name and address which will obviously assist the Gardaí in bringing about a successful prosecution.

It is a summary offence to obstruct, delay or fail to comply with a demand of the Gardaí in relation to their powers under this Act, Section 9(3).

Back to an Overview of The Regulation of Animal Slaughter
 

The main function of the 1988 Act is to ensure that any food produced for use either by animals or humans is of a standard so as to make it fit for consumption. This requires the strict regulation of the abattoirs and knackers wherein the animals are slaughtered and the meat prepared. As a result the bulk of the Act and its accompanying regulations do not deal with cruelty to animals but rather with the method of slaughter, the standard of the meat and the treatment of the animals after the slaughter. There are however some provisons which concern themselves with the treatment of the animals prior to slaughter and it is these which shall concern us.

Section 22 prohibits the sale of meat for human consumption where the animals were slaughtered, cut up, delivered or originated in a knackery. This provision was enacted in recognition of the distinction between a knackery and an abattoir where in the former the meat is produced for animal consumption. In the abattoir on the other hand the meat is produced for consumption by humans. This ensures that a certain standard is met where the meat is intended to be consumed by humans.

Back to an Overview of The Regulation of Animal Slaughter
 

An animal is defined by Section 2 of the 1988 Act and states that:-

"Animal means cattle, sheep, pigs, goats, horses and all other equine animals." This section was recently amended by S.I. 422 of 1997, Regulation 2 which extends the definition to include ""ratite" or running birds, ostriches, emus, and rheas."

Back to an Overview of The Regulation of Animal Slaughter

 

Yes, it is a mandatory requirement that a licence be held in order to carry on the business of an abattoir, Section 8. Not to do so is an offence.

This licence lasts 12 months after which time the holder should apply for an extension.

It is also a mandatory requirement to hold a licence in order to carry on the business of a knackery, Section 23, and 24.

Back to an Overview of The Regulation of Animal Slaughter
 

Yes, Section 34(1)(d) allows the Minister to make regulations requiring that records of the animals be kept, including their origin and disposal.

Section 34(1)(e) allows the making of regulations in order to regulate the advertising by the knackeries for the purchase and sale of animals.

In relation to this provision, the then Minister of State Mr. Walsh made the comment in the Dail debates on this legislation that "Knackeries owe their existence in large measure to the diseases and accidents that beset livestock...The sad fact is, however, that the owners of some knackeries are less than scrupulous in their activities and others just as careless when it comes to animal health or other matters. Section 34 will bring these premises under strict control...Advertising for dead or casualty animals will be regulated and the maintenance of specific records of animals handled in such premises will be obligatory. Hopefully in this way we should be able to get a better picture of animal losses and the causes of these losses." (375 Dail Debates Col. 1829)

Section 34 is therefore one of the few provisions in this Act specifically dealing with the prevention of cruelty to animals as it seeks to ensure that animals which are injured have been injured accidentally and to ascertain the causes of such injuries presumably to enable further preventative measures to be taken. It also seeks to prevent advertising which encourages the sale of animals to knackers for slaughter where they are not injured etc..

It should be noted that no regulations have been implemented under this section. For the reasons outlined by Minister of State Walsh in the Dail it is recommended by the authors that regulations should be enacted to bring this into operative effect.

Back to an Overview of The Regulation of Animal Slaughter

 

The veterinary inspectors appointed by the Local Authority are among those responsible for enforcement, Section 35, and 36. They have wide powers of inspection under the 1988 Act, Section 37 and S.I. No. 89 of 1992 the Abattoirs Act, 1988 (Veterinary Examination) Regulations, 1992 in relation to animals ante and post mortem. The regulations detail those things which should be checked by the inspectors.

In addition there are authorised officers who are also appointed by the Local Authorities and who are furnished with a certificate of appointment on their appointment, Section 53.

The Gardaí and the Authorised officers have similar powers under the Act and these are dealt with in Section 54. They can enter a premises by force if necessary where they reasonably suspect that the same is being used as an abattoir or knackery. They can inspect any vehicle on the premises by force if necessary. They can inspect, take copies of and remove from the premises documents and records and request information and production. They may also seize meat and meat samples.

Back to an Overview of The Regulation of Animal Slaughter
 

Abattoirs and knackeries which pose a danger to public health may be required to close down, Sections 18 and 33.

Back to an Overview of The Regulation of Animal Slaughter

Section 36 allows the veterinary inspector to inspect the premises in order to ensure that the standards of hygiene are met. While this provison is in the main one which protects the ultimate consumers of the food products, it has the ancillary effect of ensuring that the animals are not kept in unsanitary conditions before they are slaughtered.

Section 61 provides that the Minister may by regulations "specify requirements in relation to the siting, layout, accommodation and construction and water supply and sanitary facilities, and equipment and appliances for premises which are, or are to be used, as abattoirs or knackeries."

This is an extremely useful provision in relation to the prevention of cruelty to animals despite the fact that the main purposes behind it is to ensure that the meat produced is of a correct standard. S.I. 152/89 as amended by S.I. 424/89 was enacted under this Section 61. These Regulations set down in detail the requirements for the construction, design, lighting, maintenance and hygiene of an abattoir and the yards therein.

Regulation 57(1) of S.I. 152/89 is one of the few provisions which specifically states that it is a provision to protect animals from cruelty. This regulation has to do with the unloading of the animals and it states that:-

"All animals delivered to an abattoir for the purpose of slaughter shall be unloaded, moved and handled in such a manner as shall cause no injury, cruelty or undue stress or excitement to those animals and particular care shall be exercised to ensure that no carcass damage could result from the manner in which such animals are unloaded, moved, handled and penned."

There was some concern expressed in the Dail at the time of the proposed enactment of Section 61 in relation to old and established firms which may not be in an ideal geographical location and which would have been unable to comply with the regulations should the same be implemented. Despite this the regulations were enacted and are very comprehensive in their requirements.

S.I. 424/97 extends S.I. 152/89 by providing that many of its regulations now apply equally to "ostriches and other ratite birds". Ratite birds means "running birds, ostriches, emus, and rheas." It should be noted that there are a number of provisions to which this extended definition does not apply, see Regulation 4.

There are also a number of additional provisions enacted by this

Regulation 424/97:

There are further provisions in relation to the loading of the animals - the surface shall be non-slip in order to prevent injury to the animals, there shall be no steps, projections or obstructions, Regulation 1 of Part IV. In addition there are further provisions in relation to the equipment and facilities in the abattoir, Regulation 9.

This latest regulation 424/97 was enacted in the main to deal with ratite birds and the slaughter of the same which is a relatively new industry. Obviously given the distinct nature of these animals many of the previous requirements in relation to abattoirs were insufficient.

Back to an Overview of The Regulation of Animal Slaughter
 

If the veterinary inspector comes to the conclusion after his examination that the animal is unfit for slaughter for human consumption, the inspector may declare that the animal is so unfit and therefore prevent the slaughter, Regulation 7 of S.I. 89/1992 as amended by S.I. 425/1997. If it is the humane thing to do (which it presumably would be in most instances) the animal will be slaughtered anyway though its carcass will not be used for human consumption.

Regulation 7(4) as amended allows the veterinary inspector to direct as follows where he has declared the animal unsuitable for slaughter for human consumption:-

A) that the animal be isolated if necessary. (Note this would protect the other animals from sickness or disease etc....

B) that the animal be removed from the abattoir,

C) that the animal be rested until fit for slaughter (at the abattoir or otherwise,

D) that the animal be slaughtered "on humane grounds to avoid prolonging its suffering". Such an animalžs carcass is to be deemed condemned meat and is to be removed and placed uncut into a separate container.

It should be noted that animal has the extended meaning as according to S.I. 425 of 1997, Regulation 3 the term also includes "ratite birds".

Note - The majority of the 1992 and 1997 Regulations deal with the inspection of the meat product (post -mortem) and therefore have little to do with the protection of animals. Those additional provisions are therefore outside the scope of this publication.

Back to an Overview of The Regulation of Animal Slaughter
 

An Board Bia Act, 1994 (N0. 22) repeals Section 52 of the Act of 1988. The 1994 Act also imposes levies on slaughter or exported livestock.

Back to an Overview of The Regulation of Animal Slaughter

 

Yes, the 1988 Act makes a number of significant amendments to a number of Acts most of which are of little relevance to the protection of animals. There are however, amendments made to the Slaughter of Animals Act, 1935 by Section 47 and the Second Schedule. This increases all fines for offences committed under the Act of 1935. The fines are now as follows:-

Sections 9(3), 12(2), 13(2), 20(3), 14(2), 15(3), and 29(2) - a fine not exceeding £500.

Sections 19(2) and , 28(3)(d) - a fine not exceeding £500 or at the discretion of the court, imprisonment for any term not exceeding three months.

Section 30 - a fine not exceeding £500 or at the discretion of the court imprisonment for any term not exceeding six months.

Obviously this was a much needed and welcome amendment as the previous Act had not been amended since its enactment in 1935.

Cattle and Sheep

While cattle and sheep are covered by the aforesaid provisions, given the special requirements and the numbers involved in the slaughter of these types of animals, specific legislation has been enacted to deal with the same: the Slaughter of Cattle and Sheep Act, 1934 as amended by the Slaughter of Cattle and Sheep (Amendment) Acts, 1935 and 1936.

Back to an Overview of The Regulation of Animal Slaughter
 

Section 1 defines "cattle" as "including bulls, cows, bullocks, heifers and calves." While there is no statement as to whether this represents an exhaustive list the use of the word "includes". suggests that it is not.

The word sheep includes "rams, ewes, wethers and lambs." Again the use of the word includes suggests that this is not an exhaustive list.

These pieces of legislation require that any persons carrying on the business of slaughtering cattle or sheep must be registered to carry on the business. The legislation also deals with beef vouchers and restricts the number of cattle to be slaughtered, Section 23. In addition it sets minimum prices for the purchase of cattle and sheep. This legislation is therefore more concerned with consumers of and those persons involved in the production of food from cattle and sheep than with the protection of animals.

Back to an Overview of The Regulation of Animal Slaughter

Yes, the premises must be registered if the slaughter of an animal takes place therein unless the animal was suffering as a result of pain or disease and the killing was one done out of necessity and for humane reasons, Section 27(3).

Back to an Overview of The Regulation of Animal Slaughter
 

The Gardaí Siochána and every inspector has the power to enter at all reasonable times onto premises engaged in the practice of slaughtering cattle and sheep. They may inspect any containers, vehicles etc.. and examine the meat therein.

These powers are aimed at controlling the standard of meat (as this is what the authorities are given power to inspect ) and not at preventing cruelty to animals.

In addition Section 8 of the (Slaughter of Cattle and Sheep (Amendment) Act, 1936 grants further powers. According to this section:- Every inspector is hereby authorised and empowered to do all or any of the following things, that is to say: -

"At all reasonable times to enter upon and have free access to the interior of any premises in which the business of preparing for sale for human consumption meat preserved and intended to be sold in a barrel, tin, jar or other container or the business of manufacturing or preparing for sale for human consumption any essence, extract or other preparation (whether liquid or solid) derived wholly or mainly from meat or both of those businesses is or are carried on or believed to be carried on."

Again this relates to the meat product and not to the animals themselves.

However the 1935 Act provides for the examination of the animals themselves as Section 12 allows inspectors to enter onto the premises at any reasonable time and inspect the animals in order to examine the animals (NB Check the section) In addition the inspector may require information, records, and documents from the occupier.

This was obviously enacted in order to make a provision for the inspection of the animals before slaughter which had not been provided for in the 1934 or 1935 Acts.

Back to an Overview of The Regulation of Animal Slaughter
 

Yes, Section 5 of the 1911 Protection of Animals Act has been repealed by Sections 1(2), 3 and the First Schedule of the Abattoirs Act, 1988. This section controlled the Knacker's business, however this is now controlled by the 1988 Act.

Back to an Overview of The Regulation of Animal Slaughter

 

In addition to the general cruelty provisions which obviously apply, Section 6 of the 1911 Act prohibits those licenced to slaughter horses from also dealing in horses.

Back to an Overview of The Regulation of Animal Slaughter


Overview of Chapters of Legal Document | Appendix of Legal Document | Chronological Table of Statutes | Chronological Table of Statutory Instruments | Index of Legal Document