Slaughtering and Inspection Act 1908
Slaughtering and Inspection Act 1908
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Slaughtering and Inspection Act 1908
Slaughtering and Inspection Act 1908
Public Act |
1908 No 181 |
|
Date of assent |
4 August 1908 |
|
Contents
An Act to consolidate certain Enactments of the General Assembly relating to the Slaughtering and Inspection of Stock, and the Inspection of Meat for Consumption in New Zealand and for Export.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
(1.)
The Short Title of this Act is “The Slaughtering and Inspection Act, 1908.”
Enactments consolidated.
(2.)
This Act is a consolidation of the enactments mentioned in the Schedule hereto, and with respect to those enactments the following provisions shall apply:—
Savings.
(a.)
All slaughtering-places, Orders in Council, appointments, licenses, certificates, permits, documents, delegations, registers, registrations, regulations, fees, records, instruments, and generally all acts of authority which originated under any of the said enactments, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.
(b.)
All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
2 Interpretation.
1900, No. 38, sec. 2
In this Act, if not inconsistent with the context,—
“Abattoir” means any public slaughterhouse established under this Act by a local authority:
“Brand” means any brand, mark, or stamp; and includes any tag or label bearing any brand, mark, or stamp:
“Carcase” of stock includes the whole or any part of the flesh, wool, skin, hide, bones, hair, horns, hoofs, and offal of the stock:
“Conveyance” includes every description of cart, wagon, truck, or other vehicle:
“Disease” means any disease within the meaning of “The Stock Act, 1908,”
and includes advanced pregnancy, recent parturition, and any such other defect or inferiority in the condition of any stock or meat] as in the opinion of the Inspector renders it unfit for human consumption:
“Diseased” means infected or affected with disease:
“District” means the district under the jurisdiction of a local authority:
“Inspector” means an Inspector under this Act:
“Local authority” means a City or Borough Council or a Town Board, and outside of a borough or town district means any County Council or any such Road Board as is administering the functions of a County Council:
For the purposes of this Act a town district shall be deemed not to form part of the county wherein it is comprised:
“Local governing Act” means any Act for the time being in force regulating the local affairs of a district under the jurisdiction of a local authority, and in every case includes “The Local Bodies’ Loans Act, 1908”
:
“Meat” means the flesh of any slaughtered stock, whether such meat is intended to be exported or to be consumed in New Zealand, and whether the same is in its natural state or has been subjected to any freezing, chilling, salting, or other preservative process:
“Meat-export slaughterhouse” means a slaughterhouse wherein the principal business is the slaughter of stock for the export of meat beyond New Zealand:
“Minister” means the Minister of Agriculture:
“Prescribed” means prescribed by this Act or by regulations thereunder:
“Ship” includes every vessel used for navigation and propelled otherwise than by oars:
“Slaughterhouse,” when the expression is used alone, means any place, with its buildings and appurtenances, used for the purpose of slaughtering stock, but does not include an abattoir or a meat-export slaughterhouse:
“Slaughtering-place” includes abattoir, slaughterhouse, and meat-export slaughterhouse:
“Stock” means cattle, sheep, swine, or goats of either sex or any age; and includes such other animals as the (Governor from time to time, by notice in the Gazette, declares to be stock for the purposes of this Act:
“This Act” includes all regulations made thereunder by the Governor.
Exemptions from Operation of Act
3 Persons slaughtering for family use, and bona fide farmers, exempted from Act.
1900, No. 38, sec. 3
Subject to the provisions of the next succeeding section, nothing in this Act shall operate or be construed to render it unlawful—
(a.)
For any person to slaughter stock on land or premises in his own occupation for consumption by persons resident thereon or employed by him, and not for barter or sale; nor
(b.)
For any bona fide farmer whose ordinary farming operations include the raising and fattening of stock to slaughter stock on his farm for barter or sale:
Provided that the stock slaughtered under this paragraph in any week shall not exceed one head of cattle and five head of other stock, or such larger number as is especially authorised in writing by an Inspector:
Provided also that an Inspector may at any time, on application, grant a permit for the slaughter of stock for consumption at any hui or meeting of Maoris.
4 Provisions to which such exemption subject.
Ibid, sec. 4
The rights conferred by the last preceding section shall be subject to the provisions following, that is to say:—
(a.)
It shall not be lawful to knowingly slaughter or allow to be used for human consumption, or to knowingly slaughter for barter or sale, any stock which is diseased.
(b.)
Whenever on the slaughter of any stock such stock is found to be diseased, the provisions of section thirty-five hereof shall, mutatis mutandis, apply.
(c.)
The rights conferred on any person by paragraph (a) of the last preceding section shall not be exercisable if he fails or neglects to keep a faithful record of all stock slaughtered under that paragraph, and to at all times have such record open to inspection by any Inspector.
(d.)
With respect to every description of stock except swine, the rights conferred by paragraph (b) of the last preceding section shall not be exercisable in any of the following cases, that is to say:—
(i.)
If the farm is situate inside a borough or town district, or within three miles of the nearest boundary thereof computed by the nearest accessible road; or
(ii.)
If the meat of any of the stock slaughtered under that paragraph is bartered or sold anywhere to a butcher, or anywhere inside a borough or town district, or within three miles of the nearest boundary thereof computed as aforesaid, to any person; or
(iii.)
If the farmer fails or neglects to keep a faithful record of all stock so slaughtered and of the persons to whom they are bartered or sold, and to at all times have such record open to inspection by any Inspector.
Abattoirs
5 Local authority of borough or town district to establish abattoir.
Ibid, sec. 5
In every case where the population of any borough or town district, computed from the latest official census returns, is not less than two thousand persons, it shall be the duty of the local authority thereof to establish and register under this Act, and at all times thereafter to maintain, an abattoir for the purposes of such borough or town district.
6 Period within which abattoir to be established.
Ibid, sec. 6
Such abattoir shall be established and registered as aforesaid within the period of twelve months after the gazetting of such census returns, or if the same have been gazetted before the coming into operation of this Act, then within the period of twelve months after such coming into operation:
Provided that the Governor may in special cases extend any such period for any time not exceeding twelve months.
7 Other local authorities may establish abattoirs.
1900, No. 38, sec. 7
Irrespective of the abattoirs required to be established by the local authorities of boroughs and town districts under section five hereof, any local authority (other than the local authority of a borough or town district) may from time to time establish and register such abattoirs as it deems necessary for the purposes of its district or any specified part of its district:
Provided that if the abattoir is established for the purpose not of the whole district but of a specified part thereof, then the provisions of this Act relating to the abattoir shall operate and be construed as applying to such specified part and not to the whole district.
8 Plans and site to be approved.
Ibid, sec. 8
No local authority shall proceed to establish an abattoir until the plans and site thereof have been submitted to and approved by the Minister.
9 Expense of establishing abattoirs.
Ibid, sec. 9
The local authority may, out of its general funds, defray the expense of establishing abattoirs, including the expense of acquiring land, acquiring or erecting buildings and appurtenances, providing plant, and generally equipping, maintaining, and managing such abattoirs.
10 Special loan may be raised for establishing.
Ibid, sec. 10
The establishment of abattoirs by a local authority (but not the maintenance or management thereof) shall be deemed to be the construction of a public work within the meaning of the local governing Act, and the local authority may from time to time raise money by way of special loan under the local governing Act accordingly:
Provided that the proposal to raise such loan shall be deemed to be carried if the votes given in favour thereof exceed in number the votes given against the same, each voter having one vote and no more:
Vote of ratepayers not required in certain cases.
Provided also that where the loan proposed to be raised is for the establishment of an abattoir under section five hereof, a special order made by the local authority shall be sufficient authority to raise such loan without submitting to the vote of the ratepayers the proposal to raise the same.
11 Certificate that loan duly authorised.
Ibid, sec. 11
A certificate published in the Gazette purporting to be under the hand of the Mayor or, as the case may be, the Chairman of the local authority, and certifying that such local authority has by special order duly authorised the raising of the sum named in such certificate by way of special loan for the purpose of establishing an abattoir under section five hereof, shall be conclusive evidence that the loan is duly authorised, and may be raised and secured in manner provided by the local governing Act, anything in any local governing or other Act to the contrary notwithstanding.
12 Registration of abattoir.
Ibid, sec. 12
On the completion of the abattoir the local authority shall in the prescribed manner apply to the Secretary for Agriculture at Wellington for the registration thereof, and he, if satisfied that the requirements of this Act have been duly complied with, shall in the prescribed manner and form register such abattoir and also the applicant local authority as the controlling authority thereof, and issue to such controlling authority a certificate of registration.
13 Notice that abattoir available for slaughtering.
1900, No. 38, sec 13
Forthwith on receiving such certificate the controlling authority shall, by advertisement published in a newspaper circulating in the district, publicly notify that the abattoir has been duly registered and will be available for the slaughtering of stock on and after a date to be specified in such advertisement, being not sooner than fourteen nor later than twenty-eight days after the first publication thereof; and it shall be the duty of such controlling authority to have the abattoir available accordingly, and thereafter to so maintain it as long as such certificate continues in force.
14 Establishment of abattoir by local authority in another district.
Ibid, sec, 14
(1.)
The local authority may establish an abattoir in its own district, or, with the consent of the local authority of another district, within such other district; and in the latter case the abattoir shall, for all the purposes of this Act, be deemed to be within the first-mentioned district and under the sole control of the local authority thereof.
(2.)
If such consent is refused, the. matter shall be referred to the Magistrate, who, after hearing the local authorities concerned, shall decide whether the consent should or should not be given, and his decision shall be binding on all parties.
15 Delegation of power to establish abattoir.
Ibid, sec. 15
Notwithstanding anything hereinbefore contained, it is hereby declared as follows:—
(a.)
In lieu of itself establishing an abattoir, the local authority or authorities (with the exception of the local authorities respectively of the Cities of Wellington, Dunedin, Christchurch, Auckland, and the Borough of Invercargill, and any local authorities within a radius of eight miles of the aforesaid cities and borough) may delegate to any fit person or persons the power to establish the same, on such terms and conditions as, with the previous approval of the Minister, are agreed on.
(b.)
In such case all the rights, powers, functions, and duties by this Act conferred and imposed upon the delegating local authority (except the power to raise a special loan or use the funds of the local authority) shall, according to the tenor of the delegation, devolve upon such person or persons as fully as if he or they were the controlling authority.
(c.)
An abattoir established pursuant to such delegation shall, for the purposes of the succeeding paragraphs of this section, be deemed to have been established by the delegating local authority.
Common abattoir may be established.
(d.)
In lieu of themselves establishing separate abattoirs for their respective districts, two or more local authorities may, in the prescribed manner, combine to establish an abattoir for the purposes of such districts in common, upon such terms and conditions as are agreed on.
(e.)
An abattoir established by one local authority may, in the prescribed manner, be made available for the purposes of the district of another local authority, upon such terms and conditions as are agreed on.
(f.)
In either of the cases provided for in the two last preceding paragraphs the following provisions shall apply:—
(i.)
Such one of the local authorities concerned as is agreed on in that behalf shall, for all the purposes of this Act, be deemed to be the controlling authority of the abattoir; and a Gazette notice by the Minister specifying the abattoir, the controlling authority thereof, and the local authorities and districts concerned shall be sufficient evidence thereof.
(ii.)
Such abattoir shall be deemed to be established in and for each of the districts concerned, and it shall not be necessary for each of the local authorities concerned to itself establish an abattoir for its district.
16 Provision when local authorities fail to agree upon establishing an abattoir.
1900, No. 38, sec. 16
In any case where the local authorities of any two or more contiguous districts fail to agree upon the establishment of an abattoir for the purposes of such districts in common as aforesaid the following provisions shall apply:—
(a.)
On the application of any such local authority, and after considering any representation made to him by the local authorities of such contiguous districts, the Minister may authorise any such local authority to establish an abattoir for the purposes of all or any of such contiguous districts in common as he thinks fit, or declare that any abattoir already established shall be available for the purposes of such contiguous districts in common, upon such terms and conditions as he thinks fit to prescribe.
(b.)
The local authority by which the abattoir is established shall be the controlling authority thereof.
(c.)
A Gazette notice by the Minister specifying the abattoir, the controlling authority thereof, and the local authorities and districts concerned shall be sufficient evidence thereof.
(d.)
Such abattoir shall be deemed to be established in and for each of the districts concerned, and so long as such abattoir is available for the slaughter of stock it shall not be lawful for any other abattoir to be established by any of the local authorities concerned.
(e.)
Any authorisation by the Minister in manner provided by this section may in like manner be revoked, and until revoked shall have full force and effect.
17 All stock to be slaughtered at registered abattoir.
Ibid, sec. 17
(1.)
Subject to the provisions hereinafter contained relating to meat-export slaughterhouses, it is hereby declared that so long as a registered abattoir available for slaughtering stock is established in any district it shall not be lawful to slaughter in any such district any stock for human consumption or for export, or to dress therein any carcase for sale, except at a registered abattoir, or to sell or expose for sale in any such district any meat slaughtered elsewhere than in a registered abattoir:
Provided that the Governor may from time to time exempt from the operation of this section any slaughterhouse the principal business whereof is the tinning of meat or the curing of bacon and hams:
Provided also that such exemption shall apply only to the meat tinned, or bacon or ham cured, in the course of such business.
(2.)
In any proceedings against any person for any breach of this section it shall lie on him to prove that there is no registered abattoir in the district.
18 Controlling authority may make charges for use of abattoir.
1900, No. 38, sec. 18
With respect to every duly registered abattoir and the controlling authority thereof the following provisions shall apply:—
(a.)
The controlling authority shall from time to time appoint some fit person as manager of the abattoir for the purposes of this Act, and may also from time to time appoint such slaughtermen, workmen, and other persons as it deems necessary for the purposes of the abattoir:
Provided that the controlling authority may arrange with any person for such person to slaughter his own stock at such abattoir.
(b.)
Whenever the office of manager becomes vacant, the controlling authority shall forthwith make a fresh appointment.
(c.)
The controlling authority may from time to time make such charges for the use of the abattoir, or for the storage of stock or carcases therein, or for the slaughtering of stock therein, or for stallages, rents, or tolls in connection therewith, as it thinks fit:
Provided that the charges aforesaid shall not come into force until approved by the Governor.
(d.)
The controlling authority shall cause such charges to be notified in the Gazette, and shall at all times keep affixed in some conspicuous place in the abattoir such Gazette notification.
(e.)
It shall not be lawful to demand or receive any greater or other charges than those specified in such notification.
Recovery of charges.
(f.)
If default is made in the due payment of any such charges as aforesaid, the controlling authority, or any person appointed or authorised by it in that behalf, may at any time after such default recover the same by suit in any Court of competent jurisdiction, or by distress and levy of any stock in the abattoir and belonging to the defaulter, in like manner as in the case of rent in arrear.
Slaughterhouses
19 Stock to be slaughtered in slaughterhouse.
Ibid, sec. 19
Subject to the provisions of this Act relating to abattoirs and meat-export slaughterhouses, it shall not be lawful in any district to slaughter any stock for human consumption, or to dress any carcase for sale, except in a registered slaughterhouse.
20 No license to be granted if abattoir in district.
Ibid, sec. 20
Subject to the provisions hereinafter contained relating to meat-export slaughterhouses, no license shall be granted in respect of a slaughterhouse in any district in which there is established a registered abattoir available for slaughtering stock:
Provided that for the purposes of the exemption referred to in section seventeen hereof this section shall not apply to any slaughterhouse exempted by the Governor from the operation of that section.
21 Application for license for slaughterhouse.
Ibid, sec. 21
Any person who desires to obtain a license in respect of a slaughterhouse in any district shall make application therefor to the local authority, and with respect to every such application the following provisions shall apply:—
(a.)
The application shall be in the prescribed form, and shall be accompanied by full plans and description of the slaughter-house, and such application shall be forwarded by the local authority to the Minister:
(b.)
The applicant shall, by advertisement published once in each of two consecutive weeks in a newspaper circulating in the district, give public notice of his intention to apply for a license and of the situation of the slaughterhouse; and the second publication shall appear within seven days before the application is made.
22 Conditions subject to which license granted.
1900, No. 38, sec. 22
The local authority, with the approval of the Minister, may grant and issue the license if after due inquiry it is satisfied on the following points, that is to say:—
(a.)
That the applicant is of good character;
(b.)
That the requirements of this Act have been duly complied with; and also
(c.)
That the situation of the slaughterhouse is not objectionable, and that its construction, equipment, and accommodation are in all respects sufficient.
23 Provisions as to licenses.
Ibid, sec. 23
With respect to every such license the following provisions shall apply:—
(a.)
It shall be in the prescribed form, and shall, unless sooner cancelled, continue in force until the thirtieth day of June next succeeding the date of issue, but may in the prescribed manner be thereafter renewed from year to year.
(b.)
The license whilst in force shall authorise the licensee, or any person with the licensee’s written consent, to slaughter in the slaughterhouse specified therein stock for human consumption in any part of New Zealand outside a district wherein an abattoir is established.
(c.)
The license may be transferred in such manner and subject to such conditions as are prescribed.
24 Register of slaughterhouses.
Ibid, sec. 24
When issuing such license the local authority shall register the slaughterhouse to which the license relates, and such registration shall continue in force during the currency of the license to which it relates, but no longer.
Meat-export Slaughterhouses
25 Meat-export slaughterhouses.
Ibid, sec. 25
Meat-export slaughterhouses may exist and be registered in any district, and the proprietors thereof may be licensed in respect thereof, notwithstanding the establishment in such district of a registered abattoir or slaughterhouse.
26 Licensing and registration thereof.
Ibid, sec. 26
For the purposes of such licensing and registration the provisions of sections twenty-one to, twenty-four hereof shall, mutatis mutandis, apply.
27 Effect of license.
Ibid, sec. 27
The license in respect of a meat-export slaughterhouse shall, whilst it continues in force, authorise the licensee to slaughter therein stock for human consumption throughout New Zealand or for export beyond New Zealand:
Provided that meat from stock slaughtered in a meat-export slaughterhouse shall not be sold or exposed for sale in a district in which there exists a registered abattoir available for the slaughter of stock, except upon terms of paying to the controlling authority of the abattoir such fees as are agreed on, being in no case less than the fees that would be chargeable for the use of the abattoir (exclusive of the cost of slaughtering) if the stock had been slaughtered therein:
Provided also that the moneys paid in fees as provided by the preceding proviso, together with the moneys received from persons slaughtering in the abattoir or otherwise, shall not be in any one year more than sufficient to defray the annual cost of the abattoir, inclusive of five per centum per annum on the capital expended in establishing and erecting the abattoir; and, on appeal being made to the Minister that such fees are excessive and bring in more than that hereinbefore provided, the Minister shall order such reduction as will be just and equitable.
Inspection
28 Appointment of Inspectors and officers.
1900, No. 38, sec. 28
The Governor may from time to time, in such manner and on such terms and conditions as he thinks fit, appoint fit persons to be Inspectors, Graders, and other officers for the purposes of this Act, and may define their duties, functions, and powers, and specify the districts and slaughtering-places in respect of which they shall exercise the same:
Provided that no person (other than a duly qualified veterinary surgeon) shall be appointed as an Inspector under this Act unless he has passed the prescribed examination before the Government Veterinarian appointed for the purpose, and has obtained from him a certificate that he is competent to perform the duties of an Inspector under this Act:
Provided also that in any case where a Grader is employed by any person or company at such slaughtering-place the Minister may, on being satisfied of his competency, permit him to act as Grader for such person or company, and in such case he shall be deemed to be a Grader under this Act in respect of his employment by such person or company.
29 Powers and functions of Inspectors.
Ibid, sec. 29
(1.)
All Inspectors under this Act shall, for the purposes of this Act, have all the powers and functions of Inspectors under “The Stock Act, 1908.”
(2.)
In order to give effect to this section the provisions of “The Stock Act, 1908,”
relating to the powers and functions of Inspectors shall, with all necessary modifications, be deemed to be incorporated with this Act.
30 Powers of officers.
Ibid, sec. 30
Any officer under this Act may at any time and from time to time enter into or upon any place being a slaughtering-place, sale-yard, or other land, building, yard, or premises, or into or upon any ship or conveyance where any stock or carcase may be or be supposed to be, or which is used or intended to be used for the collecting or slaughtering of stock or the carriage of stock or meat, and there do whatever he deems necessary for all or any of the purposes following, that is to say:—
(a.)
To inspect such place, ship, conveyance, stock, or carcase:
(b.)
To make search for any stock or carcase supposed to be stolen or diseased, and to prevent the slaughter of any such stock, or the removal (except by himself or under his authority) of any such stock or carcase:
(c.)
To prevent cruelty to any stock, whether such cruelty is caused by overcrowding, insufficient shelter, insanitary conditions, want of food or drink, or otherwise howsoever:
(d.)
To prevent any such place, ship, or conveyance which in his opinion is in any way insanitary, defective, or unsuitable being used for the collecting, slaughtering, or carriage of stock or meat in New Zealand.
31 Power to examine books, remove stock, and take evidence.
1900, No. 38, sec. 31
For the purposes of the last preceding section the officer entering any such place as aforesaid—
(a.)
May examine all books and other records relating to stock or carcases received or slaughtered in such place, or delivered or removed therefrom: and also
(b.)
May, at the expense in all things of the owner or other person appearing to be in charge of any stock or carcase,—
(i.)
Remove to any convenient place of safety any stock or carcase supposed to be stolen or diseased, or any stock appearing to be subjected to cruelty; and also
(ii.)
Supply with food, drink, or shelter any stock appearing to be in need thereof: and also
(c.)
May examine, touching any stock or carcase, any persons found in such place, ship, or conveyance, or appearing to be employed therein or to have charge thereof, or of any stock or carcase therein: and also
(d.)
May require any such person as aforesaid to assist in carrying out the provisions of this section, in which case it shall be the duty of every such person to forthwith comply with such requisition.
32 Record of stock slaughtered to be kept in slaughter-book.
Ibid, sec. 32
(1.)
In and for every slaughtering-place there shall at all times be kept a book called a slaughter-book, wherein shall be truly and faithfully entered from day to day the following particulars respecting all stock slaughtered each day in such place, that is to say:—
(a.)
The number, species, and sex of such stock; and also
(b.)
The name, occupation, and address of the owner of such stock, or if the licensee is the owner, then of the person from whom and the date on which he took delivery of the same: and also
(c.)
In the case of a slaughterhouse, the colour of each head of cattle, and the brand or earmark of each head of cattle or sheep; and also
(d.)
Such other particulars as are prescribed.
Inspection of Slaughter-book. Ibid, sec. 33
(2.)
The slaughter-book shall at all times be open to inspection by any Inspector or other officer under this Act, or any constable, without fee.
Special Inspection of Slaughtering-places
33 Appointment and powers of Special Inspector of slaughtering-place.
1898, No. 31, sec. 12
(1.)
On the application of the licensee of any slaughtering-place the Governor may from time to time appoint a fit person to be a Special Inspector of such slaughtering-place; provided that two or more licensees may, by application to the Governor, be associated for the purposes of this section.
(2.)
For the purposes of this section the following provisions shall apply
(a.)
The Special Inspector shall have in respect of such slaughtering-place, the licensee thereof, and the stock therein all the powers and functions of an Inspector under “The Stock Act, 1908,”
and also such additional powers and functions as the Governor from time to time confers upon him.
(b.)
The Special Inspector shall be under the control of the Minister, and shall be entitled to receive such salary as is agreed on between the Minister and the licensee; but the salary shall be payable by the licensee, and in no case shall there be any right or claim against His Majesty in respect thereof.
Slaughter of Stock
34 Diseased stock not to be slaughtered or brought into slaughtering-place.
1900, No. 38, sec. 34
For the purposes of preventing the consumption of meat that is diseased the following provisions shall apply:—
Stock not to be slaughtered without Inspector’s permit.
(a.)
It shall not be lawful for any person to slaughter any stock in an abattoir or meat-export slaughterhouse without the written authority of an Inspector.
Inspection of carcases.
(b.)
Forthwith upon the slaughter of any stock in an abattoir or meat-export slaughterhouse the carcases shall be inspected by an Inspector, and no meat shall be moved therefrom for human consumption or for export unless and until he declares it to be free from disease.
(c.)
It shall not be lawful for any person to remove or allow to be removed from any slaughtering-place, for human consumption or for export, or to sell or offer or expose for sale, any meat which he knows to be diseased, or to have been declared by an Inspector to be diseased, or which is from an animal not slaughtered in accordance with the provisions of this Act.
35 Mode of dealing with diseased stock on slaughter.
Ibid, sec. 35
Where on the slaughter of any stock it is found that such stock is diseased, it shall be the duty of the person in charge of the slaughtering-place where such stock is slaughtered to forthwith cause the carcase to be burnt, or buried, or to be removed to a boiling-down works, manure-works, or other similar place, and there be so rendered that the products cannot be used for human consumption.
36 Compensation fund for condemned stock.
Ibid, sec. 36
(1.)
In any case where the majority of the butchers carrying on business in any district agree to raise a fund by their own contributions to provide compensation in respect of the condemnation of the carcases of diseased stock, they may submit such agreement to the Governor for approval.
(2.)
If the Governor approves of the terms of the agreement, and is satisfied that the subscribers thereto are a majority of the butchers carrying on business in the district, he may by Order in Council declare that the agreement shall be binding on all the butchers carrying on business in that district, and such Order shall operate accordingly.
(3.)
Any contribution payable in respect of such agreement may be recovered summarily from any butcher liable to pay the same.
(4.)
This section shall apply, mutatis mutandis, to any combined district in which a common abattoir is established under sections fifteen and sixteen hereof respectively.
(5.)
The Governor may from time to time make regulations for carrying the provisions of this section into effect.
37 Carcases to be branded before removal.
Ibid, sec. 37
In and for every slaughtering-place there shall at all times be a distinct brand, which shall contain the prescribed particulars, and shall in the prescribed manner be registered by the Secretary for Agriculture, and with which every carcase of stock slaughtered therein shall, in the prescribed manner, be clearly branded before being removed therefrom.
Export of Meat
38 No meat to be exported without certificate.
1900, No. 38, sec. 38
It shall not be lawful for any person to place on board any ship any meat for export beyond New Zealand except pursuant to a certificate in that behalf duly issued by an Inspector under this Act:
Provided that such certificate shall not be required in respect of meat intended for the use of the passengers or crew of such ship, or in respect of cured hams or bacon.
39 Meat-export certificate.
Ibid, sec. 39
Such certificate shall be called a “meat-export certificate,”
and shall be in the prescribed form.
40 When meat-export certificate may be issued.
Ibid, sec. 40
No meat-export certificate shall be issued by the Inspector unless and until he has satisfied himself—
(a.)
That the provisions of paragraphs (a) and (b) of section thirty-four hereof have been duly complied with in respect of the meat to be exported: and also
(b.)
That at the time of the proposed shipment the meat—
(i.)
Is in good condition and free from disease; and also
(ii.)
Has in the prescribed manner been duly graded; and also
(iii.)
Has in the prescribed manner been duly branded or marked; and also
(iv.)
Has been properly and thoroughly preserved by freezing, chilling, salting, or otherwise, as the case may be, and is properly packed: and also
(c.)
That the ship is in all respects in a fit and proper condition to receive the meat, and also is properly equipped with all appliances necessary for the safe carriage thereof in good order and condition during the whole of the intended voyage.
41 Particulars to be branded on tinned meat.
Ibid, sec. 41
For the purposes of the last preceding section tinned meat shall not be deemed to be duly branded unless each tin, and also each case or other package wherein the tins are packed, is distinctly branded with the following particulars:—
(a.)
The words “New Zealand”
:
(b.)
The name of the exporter or owner, and also his registered trade-mark (if any):
(c.)
The true name and description of the contents.
General Provisions
42 Provisions for cleanliness.
Ibid, sec. 42
Every slaughtering-place, saleyard, conveyance, or other place where stock are confined or being carried shall at all times, to the satisfaction of the Inspector, be kept efficiently lighted, ventilated, cleansed, drained, and provided with a sufficient water-supply; and no offal, filth, or refuse shall be allowed to remain therein for more than twenty-four hours.
43 No drainage to flow into stream.
Ibid, sec. 43
(1.)
It shall not be lawful to permit or suffer drainage from any slaughtering-place to flow into any stream unless it is proved to the satisfaction of a Magistrate that the stream is not thereby polluted.
(2.)
Any owner or occupier of property affected by such drainage may take proceedings for any offence against this section.
44 Skins, and brands thereon, not to be destroyed.
1900, No. 38, sec. 44
It shall not be lawful for any person—
(a.)
To destroy the skin of any stock or carcase; or
(b.)
To cut off, remove, or destroy any ear on such skin; or
(c.)
To cut out, burn, or otherwise destroy or deface any brand upon any such skin; or
(d.)
To be in the possession of any such skin from or upon which the ear or brand has been cut, removed, burnt, or otherwise destroyed or defaced; or
(e.)
To knowingly purchase a raw hide or skin from which any brand has been cut or burnt out or destroyed, or otherwise defaced,— unless in every instance he is able to give a satisfactory account thereof whenever called upon so to do by any Inspector, Justice, or Court.
45 Inspection of skins of slaughtered stock.
Ibid, sec. 45
Any Inspector or Justice, may at any time inspect the skins of any stock that have been, or that appear from the slaughter-book to have been, slaughtered in any slaughtering-place, and the manager or licensee shall, if so requested, furnish to such Inspector or Justice a full and satisfactory account showing from whom such skins were received, and to whom and in what manner they have been sold or disposed of.
46 Particulars of skins bought from slaughtering-place may be required.
Ibid, sec. 46
Any person who as either principal or agent buys or receives from or sells or delivers to any slaughtering-place or any person any hides or skins shall, whenever requested by an Inspector so to do, supply him with full particulars of the transaction, and also with certified copies of all accounts, records, and documents in his possession or under his control relating thereto.
47 Power to search for stolen stock.
Ibid, sec. 47
Any Justice, Inspector, or constable may without warrant enter any place or premises whatsoever, at any time of the day or night, where there is cause to suspect that stolen stock exist or have been slaughtered or are intended to be slaughtered, or stolen hides or skins exist, and may make such search and inquiry therein as he deems necessary for the discovery of the offence and of the offender.
48 Liability if carcase found on premises.
Ibid, sec. 48
If any carcase is found in the possession of any person or on his premises with his knowledge, he commits an offence unless he satisfies the Court that he came lawfully by such carcase.
49 No person to shoot at stock unless dangerous.
Ibid, sec. 49
It shall not be lawful for any person to shoot at any stock if he thereby endangers human life, unless he can show that such stock was dangerous:
Provided that this prohibition shall not apply to the slaughter of any stock by shooting in any place of confinement if every proper precaution is used to prevent danger to human life.
50 Blowing or spouting of meat forbidden.
Ibid, sec. 50
It shall not be lawful for any person to subject any meat to the process commonly known as blowing or spouting.
51 Swine not to be fed on diseased carcase or allowed near slaughtering-place.
Ibid, sec. 51
It shall not be lawful for any person owning or having charge of swine—
(a.)
To feed them or allow them to be fed on any part of the diseased carcase of any animal; nor
(b.)
To feed them with any meat or offal, unless such meat or offal is first boiled; nor
(c.)
To allow them to wander or be kept, housed, or penned within fifty yards of any slaughtering-place; nor
(d.)
To allow them to be brought within fifty yards of any slaughtering-place, save for the purpose of slaughter therein within twelve hours thereafter.
52 Definition of “an offence.”
1900, No. 38, sec. 52
Every person commits an offence against this Act who, directly or indirectly, by himself, his servant or agent,—
(a.)
Does anything declared by this Act to be unlawful; or
(b.)
Fails to faithfully perform or observe any duty or obligation imposed by this Act; or
(c.)
Prevents, obstructs, or hinders any Inspector or other officer under this Act, or any Justice or constable, in the exercise of any power or function conferred by this Act.
53 Punishment of offences.
Ibid, sec. 53
(1.)
Every person who commits any offence against this Act is liable to a fine not exceeding fifty pounds, nevertheless without in any way releasing him from his civil liability in damages or otherwise at the suit of any person aggrieved.
(2.)
Where in any proceedings for a fine in respect of any such offence knowledge on the part of the defendant must be shown, such knowledge shall be presumed until the contrary is proved.
54 Manager and licensee to see Act complied with.
Ibid, sec. 54
Without in any way releasing any other person from any liability under this Act, it shall be the duty of the manager or licensee of a slaughtering-place to see that all the provisions of this Act relating to such slaughtering-place are duly observed and complied with.
55 Proceedings against licensee.
Ibid, sec. 55
With respect to proceedings against the licensee of a slaughtering-place for any offence against this Act the following provisions shall apply
(a.)
He shall produce his license to the Court at the commencement of the hearing:
(b.)
The second and every subsequent conviction shall by the Court be indorsed on the license:
(c.)
On a third or any subsequent indorsement within any period of two years the Court may cancel the license.
56 Fees and fines to be paid to Public Account.
Ibid, sec. 56
All inspection fees received and fines recovered under this Act shall be paid into the Public Account and form part of the Consolidated Fund; and all expenses incurred by the Government in the administration of this Act shall be payable out of moneys appropriated by Parliament.
57 Liability for nuisance not affected.
Ibid, sec. 57
Nothing in this Act, or done or suffered thereunder, shall be construed to in any way protect any local authority or licensee, or other person from any liability to proceedings for any nuisance in respect of any slaughtering-place.
58 Provisions when slaughtering-place closed as result of Act.
Ibid, sec. 58
In any case where as the result of the provisions of this Act, other than the provisions relating to the cancellation of licenses, any slaughtering-place is closed the following provisions shall apply:—
Leases may be determined.
(a.)
If the person occupying the slaughtering-place for the purpose of slaughtering stock therein occupies under any lease or tenancy, he may within fourteen days after such closing give written notice to the lessor of intention to terminate such lease or tenancy; and in such case the lease or tenancy shall, on the expiration of seven days from the giving of such notice, be deemed to be determined as by effluxion of time.
(b.)
Such notice may be given either personally or by posting it in a registered letter addressed to the lessor at his last known place of business or abode in New Zealand.
Compensation for buildings in certain cases.
(c.)
The person entitled to the buildings which constitute the slaughtering-place shall be entitled to compensation to the extent of one-half the value of such buildings as appearing on the valuation roll of the district:
Provided that if the value does not appear on such roll, or is included in the valuation of other properties, then such value shall be determined by valuation to be made under “The Valuation of Land Act, 1908.”
(d.)
Such valuation shall be determined as at the time when the slaughtering-place is closed as aforesaid:
Provided that no compensation shall be payable in respect of buildings erected or renewed after the thirteenth day of October, one thousand nine hundred (the date of the passing of “The Slaughtering and Inspection Act, 1900”
).
59 Compensation to be paid in certain cases to owners of condemned stock.
1900, No. 38, sec. 59
In any case where on the slaughter of stock (being cattle or pigs) for human consumption it is found that the stock is diseased, the owner thereof shall be entitled to compensation in the cases, to the extent, and subject to the conditions following, that is to say:—
(a.)
In the case of fat marketable cattle not exceeding eight years of age and of not less value than three pounds, the compensation payable in respect of each such animal shall be one-third of its value.
(b.)
In the case of pigs the compensation shall be,—
(i.)
For each pig weighing not less than fifty nor more than one hundred pounds dead-weight, five shillings;
(ii.)
For each pig weighing more than one hundred pounds dead-weight, ten shillings.
(c.)
The compensation shall not be payable unless the owner of the stock makes application therefor in the prescribed manner and form, and satisfies the Inspector that the stock so slaughtered is in fact diseased, and has been disposed of as required by section thirty-five hereof.
60 Compensation may be paid without further appropriation.
Ibid, sec. 60
All moneys payable in respect of compensation under the two last preceding sections shall be payable out of the Consolidated Fund without further appropriation than this Act.
Regulations
61 Regulations.
Ibid, sec. 61
The Governor may from time to time make regulations providing for all or any of the following matters:—
(a.)
The registration of slaughtering-places, and the licensing of all persons carrying on the business of slaughterers, butchers, or purveyors of meat for human consumption:
(b.)
The registration of marks, stamps, brands, and labels used for the branding or marking of meat:
(c.)
The inspection of slaughtering-places, saleyards, stock, carcases, and meat, and also of conveyances used for the carriage of stock, carcases, or meat:
(d.)
The inspection of ships carrying or intended to carry carcases or meat for export:
(e.)
The branding, marking, and grading of meat:
(f.)
The proper, efficient, and sanitary construction, lighting, ventilation, cleansing, drainage, water-supply, maintenance, and good management of slaughtering-places and saleyards, and of all fixtures, appliances, instruments, utensils, and things connected or used therewith or connected with the management thereof:
(g.)
The mode in which carcases or meat shall be conveyed from any slaughtering-place to any ship or other place:
(h.)
The destruction or disposal of any stock, carcase, or meat which, in the opinion of the Inspector, is diseased:
(i.)
The conditions subject to which carcases or meat from beyond a district may be brought for sale, barter, or consumption within such district:
(j.)
Returns to be made by the managers and the licensees of slaughtering-places, setting forth prescribed particulars relating to the work done therein:
(k.)
The mode in which and the causes for which any license or certificate under this Act may be cancelled:
(l.)
The matters in respect whereof fees shall be payable under this Act, and the amounts of such fees:
(m.)
The form and mode in which anything shall be done which in this Act is expressed to be prescribed:
(n.)
Generally providing for anything for which regulations are contemplated or required by this Act, or which he deems necessary in order to fully give effect to the purposes of this Act.
62 Regulations as to license fees and penalties.
1900, No. 38, sec. 62
(1.)
In and by such regulations the Governor may—
(a.)
Impose annual license fees on all persons carrying on the business of slaughterers, butchers, or purveyors of meat for human consumption, and prohibit any such person not so licensed from carrying on any such business:
(b.)
Impose fees for the inspection of stock, with power for the person liable to pay such inspection fees to agree with the Minister for a commutation thereof on payment of a lump sum annually:
(c.)
Impose such fines for the breach of any such regulation, not exceeding in each case fifty pounds, as he deems fit.
(2.)
All such regulations shall take effect from the date of the gazetting thereof, and shall within ten days thereafter be laid before Parliament if sitting, or if not, then within ten days after the commencement of the next ensuing session thereof.
63 Certain provisions of other Acts not affected.
Ibid, sec. 64
Except in so far as from time to time the Governor by Order in Council otherwise directs, nothing in this Act shall affect the operation of section eighty-nine of “The Public Health Act, 1908,”
in so far as it relates to slaughtering-places or stock intended for slaughter, or carcases or meat intended for human consumption.
Schedule Enactments consolidated
1898, No. 31.—“The Stock Act Amendment Act, 1898”
: Section 12
1900, No. 38,—“The Slaughtering and Inspection Act, 1900.”
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Slaughtering and Inspection Act 1908
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