TIlE PIG INDUSTRY ACT of Goo. 5 No. 6

Transcription

1 547 TIlE PIG INDUSTRY ACT of Goo. 5 No. 6 An Act to Regulate the Pig Industry, and for other incidental purposes [Assented to 11 October 1933] 1. ( 1) Short title. This Act may be cited as "The Pig Industry Act of 1933." (2) Commencement of Act. This Act shall come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. Commenced 23 August 1934; Proclamation: Gazette 23 August 1934, p Interpretation. In this Act, unless the context otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say:- "Agent" means any person who, on behalf of an owner or as a broker or factor, takes delivery of any pigs or pig carcasses for the purposes of sale or disposal otherwise than by sale; "Carcass"-The carcass or any part of the carcass of an animal: the term includes any part of the dead body of an animal; "Dealer"-Any person who engages in the buying and selling of pigs or pig carcasses; "Destroy"-To consume by fire, bury under the ground, boil down, kill, or otherwise destroy to the satisfaction of an inspector; "Disease"-Tuberculosis, contagious pneumonia, swine plague, swine fever, or any other infectious or contagious disease affecting stock, and any other disease which the Governor in Council by Order in Council declares to be a disease under and for the purposes of this Act; "Factory"-Any building, structure, or place where pigs are slaughtered, dressed, or treated; "Inspector"-An inspector appointed under this Act or under "The Dairy Produce Acts, 1920 to 1932," or "The Diseases in Stock Acts, 1915 to 1931," or "The Slaughtering Act of 1898," or any Act or Acts amending the same or in substitution therefor respectively; "Isolation pen"-a pigsty where diseased pigs or pigs suspected of disease may be isolated or detached from other pigs or stock; "Minister"-The Secretary for Agriculture and Stock or other Minister of the Crown charged for the time being with the administration of this Act; "Occupier"-The person in actual occupation of the land or place concerned;

2 548 PIG INDUSTRY Vol. 13 "Owner"-The owner, whether jointly or severally: the term includes the owner's agent or manager, and in the case of a company the manager, secretary, or other principal officer thereof. So far as it relates to any premises whatsoever, the term includes any person having, or apparently having, the charge, management, or control of the same; "Pig"-Any boar, barrow, sow, or pig of any age, sex, or breed; "Piggery"-The term includes any land, buildings, or place where pigs are depastured or kept; "Prescribed"-Prescribed by this Act; "Regulations"-Regulations made under the authority of this Act; "Stock" includes horses, cattle, sheep, pigs, camels, and goats, and such other animals as the Governor in Council, by Order in Council from time to time, declares to be stock for the purposes of this Act; "To sell"-to sell by wholesale or retail, and includes barter or exchange, supply for profit, dealing in, agreeing to sell, or offering or receiving or exposing for sale, or having in possession for sale, or sending, forwarding, or delivering for sale or on sale, or causing, suffering, or allowing to be sold, offered, received, or exposed, or had in possession for sale, or attempting any such acts or things: and the derivatives of "sell" have a corresponding inclusive meaning; "This Act"-This Act and all Proclamations, Orders in Council, and regulations thereunder; "Under Secretary"-The Under Secretary, Department of Agriculture and Stock: the term includes any person for the time being performing the duties of Under Secretary. Acts referred 10: Dairy Produce Acts, 1920 to 1963, title DAIRY PRODUCE, Vol. 4, p Diseases in Stock Acts, 1915 to 1931; see now Stock Acts, 1915 to 1965, title STOCK. Slaughtering Act of 1898; replaced by Slaughtering Acts, 1951 to 1958, title STOCK. See now Meat Industry Act of 1965, title MEAT INDUSTRY, Vol. 11, p Districts. This Act shall be in force in such Districts as the Governor in Council has declared or shall from time to time declare by Order in Council to be Districts under "The Dairy Produce Acts, 1920 to 1932." Districts are constituted under the Dairy Produce Acts, 1920 to 1963, s. 4, title DAIRY PRODUCE, Vol. 4, p Inspectors. ( 1) The Governor in Council may from time to time appoint such inspectors and other officers as may be necessary for the effectual execution of this Act. (2) Every inspector under this Act shall for the purpose of this Act have all the powers and functions of an inspector under "The Dairy Produce Acts, 1920 to 1932," or "The Diseases in Stock Acts, 1915 to 1931," or "The Slaughtering Act of 1898," or any Act or Acts amending the same or in substitution therefor, respectively. Acts referred to: Dairy Produce Acts, 1920 to 1963, title DAIRY PRODUCE, Vol. 4, p. 371.

3 PIG INDUSTRY ACf OF 1933 ss.2 ' 549 Diseases in Stock Acts, 1915 to 1931; see now Stock Acts, 1915 to 1965, title STOCK. Slaughtering Act of 1898; replaced by Slaughtering Acts, 1951 to 1958, title STOCK. See now Meat Industry Act of 1965, title MEAT INDUSTRY, Vol. 11, p Powers of inspector. Subject to this Act, an inspector may, at any reasonable time- (i) Entry and inspection. Enter and inspect any premises or place where pigs are depastured or kept, or enter and inspect any factory, and, if he thinks fit, take samples of any materials or water used at or in connection with the said premises, place, or factory; (ii) If, after inspection, the inspector is satisfied that- (a) Unclean piggeries. Any piggery is in an unclean or unwholesome condition or is otherwise unfit or defective for the purpose of accommodating pigs; or (b) Diseased pigs. Any pigs at a piggery are diseased or are suspected of being diseased; or ( c) Impure or unwholesome water or fo04. The water or food used in connection with the piggery is impure or unwholesome, or any food is being fed in contravention of this Act, Orders of inspector. he may, by order in writing under his hand addressed to the owner of the piggery, without further name or description- ( 1) Order the piggery to be forthwith cleansed and rendered wholesome to his satisfaction; (2) Order the removal and isolation of any pigs which are diseased or are suspected of being diseased; (3) Order the supply of impure water or unwholesome food to be discontinued and a supply of pure water or suitable food to be used. For the powers of inspectors, see also s. 4 (2). For a method of enforcing the order of an inspector, see s. 19. As to disease, see notes to s Inspector to report orders to Minister. An inspector shall forthwith make a report to the Minister of all orders made by him under this Act. 7. (1) Duty of owner to notify disease. Every owner of a piggery, when disease appears in any pigs at such piggery, shall forthwith give notice thereof to the nearest inspector or to the Under Secretary. (2) Isolation of diseased pigs. The owner of a piggery shall also forthwith remove such diseased pigs, or pigs suspected of being diseased, to an isolation pen. (3) Disposal of carcass. The carcass of any pig which has died from disease or destroyed on account of being suspected of disease shall, by the owner, be entirely consumed by fire or buried not less than three feet from. the surface of the ground on the premises on which such pig

4 550 PIG INDUSTRY Vol. 13 died. The carcass of any pig, the death of which was caused by disease, shall not be sold, nor shall such carcass be disposed of in any manner other than as herein directed. For "disease," see s. 2. As to diseased swine and swine meat, see also Stock Acts, 1915 to 1965, title STOCK. Swine are "stock" for the purposes of that Act, ibid., s. 3. See also Meat Industry Act of 1965, ss , title MEAT INDUSTRY, Vol. 11, p Pig feed; when meat, etc., to be cooked. No person shall feed or cause a pig to be fed with meat, offal, or blood unless such meat, offal, or blood has first been thoroughly cooked. 9. Owner to render assistance to inspector. Upon the request of an inspector every owner shall give to the inspector any personal assistance, and give such information as he is capable of giving to aid the inspector in searching ~or and discovering the cause of any disease or any source of contamination or infection to which the pigs may be exposed. 10. (1) Marking of pigs by representative of factory. Where pigs are purchased over the scales by a representative of any factory, such representative shall place on such pigs a sufficient mark to ensure identification of the vendor. (2) Marking of pigs consigned by owner. Any person who consigns pigs direct to a factory shall place on such pigs a sufficient mark to ensure the identification of the consignor. 11. Records to be kept by auctioneer, etc. Every auctioneer, agent, dealer, factory, or butcher shall keep a record in respect to every transaction in pigs with which he is concerned. Such record shall include the date, the number, description, and distinguishing marks of such pigs, the name and address of the vendor, and the name and address of the purchaser, and such other particulars as may be prescribed. Such information shall be made available to an inspector upon request by the inspector to the auctioneer, agent, or dealer, as the case may be. 12. No agreement as to condemned carcass. The owner of a factory shall not payor enter into any agreement or arrangement with any person to pay, whether by payment direct or by way of subsidy or otherwise, for the whole or any part of a carcass, which whole or part of the carcass, as the case may be, has been condemned by an inspector as unfit for the food of man: Provided, however, that the net proceeds from the sale of any by-products obtained from a pig, the whole or part of the carcass of which has been condemned, shall be paid to the vendor. As to disease, see notes to s (1) Grading of carcasses. The manager of every factory shall grade or cause to be graded the carcasses of all pigs supplied to him, such grading to be performed by a person holding a certificate of competency in grading as required by the Act.

5 PIG INDUSTRY ACT OF 1933 ss (2) Differential prices. If required by regulation the manager of every factory shall pay differential prices for various grades of pig carcasses so graded. For regulations, see s. 24; Table of Contents, p. 544, ante. As to slaughtering of swine for human consumption, see Meat Industry Act of 1965, ss , 6, title MEAT INDUSTRY, Vol. 11, pp. 482, Marking of quality of carcass pork and bacon sides. An inspector may examine the quality of carcass pork, bacon sides, or parts thereof, and may mark such carcass pork or bacon sides, or parts thereof, with a stamp to indicate the quality. 15. Every person who~ (i) Penalty for altering, etc., inspectors' marks. Alters or obliterates wholly or partially, or causes to be altered or obliterated, an inspector's mark on any carcass pork or bacon sides, or parts thereof; or (ii) Penalty for counterfeiting marks. Counterfeits any such mark or places on any pork or bacon sides, or parts thereof, any mark purporting to be the mark of an inspector, shall be liable to a penalty not exceeding two hundred dollars. Decimal currency reference substituted pursuant to section 7 of Decimal 16. (1) Fraudulent evasion of Act. Every person who connives at or is privy to any fraudulent evasion of this Act with respect to any such marks shall be liable to a penalty not exceeding one hundred dollars. (2) Inspector. Hiring or lending marking instruments or conniving at evasion of Act. Every inspector who- (i) Hires out or lends his marking instruments to any person; or (ii) Connives at or is privy to any evasion of this Act, shall be liable to a penalty not exceeding two hundred dollars, and in addition to any such penalty shall, on conviction of any such offence, ipso facto forfeit his office, and shall be disqualified from holding same. Decimal currency references substituted pursuant to section 7 of Decimal 17. Every person who- (i) Selling, etc., in contravention of Act. Sells or supplies any pigs or pork in contravention of this Act; or (ii) Obstruction of inspector. Obstructs an inspector or officer in the course of his duty or in the exercise of his powers and authorities under this Act; or (iii) Refusing information, etc. Refuses to give information or gives false information in answer to any inquiry made by an inspector or officer in the course of his duty; or (iv) Refusal to obey order of inspector. Refuses or neglects to obey the order of an inspector; or (v) Refusal to give notice. Refuses or neglects to give any prescribed notice, shall be liable to a penalty not exceeding forty dollars. Decimal currency reference substituted pursuant to section 7 of Decimal

6 r 552 PIG INDUSTRY Vol Appeal against order of inspector. Any person who thinks himself aggrieved by any order or decision of an inspector (other than an order to cleanse the piggery or to remove and isolate any pigs which are diseased or suspected of being diseased, or to provide a supply of pure water or suitable food, or a decision in respect to grading), may appeal therefrom to a police magistrate sitting in petty sessions on giving to such inspector a prescribed notice in writing of his intention so to do. Such police magistrate shall hear and determine the matter of the appeal and his decision shall be final, and his decision shall be enforced as if it were an order made for a breach of duty under "The Justices Acts, 1886 to 1932." The costs of and occasioned by any such appeal shall be deter,mined by the police magistrate who may, in his discretion, order that the same shall be paid by either party. Act referred to: Justices Acts, 1886 to 1965, title JUSTICES, Vol. 8, p The Justices Acts, 1886 to 1965, ss. 161 et seq., title JUSTICES, Vol. 8, p. 181, provide for enforcement of orders. A police magistrate is now a Stipendiary Magistrate. See Justices Acts Amendment Act of 1941, s. 4, title JUSTICES, Vol. 8, p A police magistrate sitting in petty sessions is now a Magistrates Court. See Justices Acts Amendment Act of 1964, s. 2 (4), title JUSTICES, Vol. 8, p Order of magistrate to carry out work. If the owner or occupier refuses or neglects to obey the order or any part of an order of an inspector, the police magistrate sitting in petty sessions, upon the complaint of such inspector, may make an order directing the inspector to carry out the work at the expense of the owner or occupier, and the inspector shall cause the work to be carried out accordingly, and may recover from the owner or occupier the expense of doing the work by action in any court of competent jurisdiction. All such expenses shall also be and remain a charge upon the holding or land, notwithstanding any change that may take place in the ownership of it. The remedies conferred by the foregoing provisions shall be in addition to the powers conferred upon the police magistrate under the last preceding section of this Act. Police magistrate, petty sessions-see note to s (1) General penalty. Any person who is guilty of an offence, or of a contravention of this Act for which no specific penalty is in this Act provided, shall be liable to a penalty not exceeding forty dollars. (2) Summary proceedings. All penalties incurred for any offence against this Act, or any fees imposed by this Act, may be recovered in a summary way under "The Justices Acts, 1886 to 1932," on the complaint of any inspector or other person authorised by the Minister. In every case where a conviction is obtained the court may adjudge the defendant to pay to the prosecution all proper expenses of the prosecution. Decimal currency reference substituted pursuant to section 7 of Decimal Act referred to: Justices Acts, 1886 to 1965, title JUSTICES, Vol. 8, p. 105.

7 PIG INDUSTRY ACT OF 1933 s<> Evidence. In any proceedings for an alleged offence against this Act it shall not be necessary to prove the appointment of any inspector or other authorised officer, or the authority of any inspector or other authorised officer, to do any act or to give any direction or issue or serve any notice or take any proceeding. 22. Proof of order. The production of any order, direction, or notification purporting to be signed by the Minister or Under Secretary, or by any inspector or other authorised officer, shall, in the absence of proof to the contrary, be sufficient evidence of the due making of such order, direction, or notification, and that it was duly signed by the person by whom it purported to be signed. The production of a certificate purporting to be signed by any inspector, or of any certified copy thereof, that any costs, charges, or expenses of an amount stated have been incurred by such inspector upon any land, premises, or places, under or for the purposes of this Act, shall be prima facie evidence that the costs, charges, or expenses were duly incurred, and that the amount thereof so stated is the correct amount. 23. Immunity of inspector, etc. No inspector, and no person acting under the direction or order of an inspector, or the Minister shall be deemed to be a trespasser by reason of any entry or the carrying out of his powers and authorities under this Act, or be liable for any damages occasioned by carrying out this Act unless the same were occasioned maliciously and without reasonable and probable cause. 24. (1) Regulations. Schedule. The Governor in Council may from time to time make regulations with respect to all or any of the matters mentioned in the Schedule to this Act. The regulations may impose a penalty not exceeding forty dollars for any breach thereof. (2) Regulations may be made on passing of Act. Regulations may be made on the passing of this Act. Decimal currency reference substituted pursuant to section 7 of Decimal For regulations, see Table of Contents, p. 544, ante. As to validity of Regulations generally, see Preliminary Note to title ACTS OF PARLIAMENT, Vol. 1, p Proclamations, Orders in Council and regulations to form part of this Act. All Proclamations, Orders in Council, and regulations made or purporting to have been made under this Act, upon being published in the Gazette, shall have the same force and effect as if they were enacted in this Act and shall be judicially noticed, and their validity shall not be questioned in any proceedings whatever. Such Proclamations, Orders in Council, and regulations shall be laid before the Legislative Assembly within fourteen days after such publication if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session. If the Legislative Assembly passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime.

8 554 PIG INDUSTRY Vol. 13 THE SCHEDULE This Schedule is applied by s. 24, ante. 1. Provision for the registration of piggeries, and the issue of certificates, and prescribing fees (if any) in respect of such registration and certificates. 2. The powers and duties of inspectors and officers. 3. The drainage, cleansing, and disinfection of piggeries and of equipment thereat or therein, and of conveyances for pigs; the nature, design, construction, situation, and use of the buildings and structures necessary in piggeries and of conveyances for pigs. 4. Restricting the access of pigs to impure water or fermented, unsound, decayed, or unwholesome food. 5. The precautions to be taken against the introduction or spread of disease in piggeries or conveyances. 6. Preventing pollution of water supply of pigs. 7. The use, control, and treatment of diseased pigs, and pigs suspected of being diseased. 8. The branding of pigs with an identification mark. 9. The grading of pigs and carcasses. 10. The qualifications and examination of persons employed in the grading of pigs and of carcasses at factories. 11. Provision for check grading by departmental officers. 12. The examination and quality marking of carcasses, pork or bacon sides, or parts thereof. 13. A description of the marks to be used by inspectors. 14. The names or designations to be given to the various grades. 15. The employment of marks used in the branding of pigs. 16. Prohibiting the use of identification marks which are not approved. 17. Requiring owners of factories to furnish to the Minister, at specified intervals, lists of suppliers of pigs which are not of first quality. 18. The records, including form and particulars thereof, to be kept by auctioneers, agents, dealers, factories, or butchers. 19. The basis of valuation and payment for pigs supplied to factories. 20. The form of any notice, order, or other document under this Act. 21. Service of any notice, order, or other document under this Act. 22. All matters required or permitted by this Act to be prescribed; and where there is in this Act no provision or no sufficient provision in respect of any matter or thing adequate, necessary, or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. 23. Generally to give effect to the objects and purposes of this Act, and for the efficient administration thereof.