Jersey Law 14/1962

 

SLAUGHTER OF ANIMALS (JERSEY) LAW, 1962

 

CONFIRMÉ PAR

 

Ordre de Sa Majesté en Conseil

 

en date du 14 juin 1962

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(Enregistré le 30 juin 1962)

 

ARRANGEMENT OF ARTICLES.
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Article
1.	Interpretation ………………………………………….
2.	Appointment of Slaughterhouse Superintendent ……...
3.	Provisions as to slaughter of animals …………………
4.	Prohibition of slaughter and stunning except by a licensed slaughterer ………………………………..
5.	Exceptions …………………………………………….
6.	Orders for securing humane conditions of slaughter, etc …………………………………………………
7.	Penalties ………………………………………………
8.	Tariff of charges ……………………………………...
9.	Inspection of meat ……………………………………
10.	General provisions as to orders……………………….
11.	Repeal and consequential provisions …………………
12.	Short title and commencement ……………………….
Schedule (Enactments repealed) …………………………………...

SLAUGHTER OF ANIMALS (JERSEY) LAW, 1962.

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A LAW   to revise the Law with regard to the slaughter of animals and the administration of slaughterhouses and knacker’s yards, sanctioned by Order of Her Majesty in Council of the

 

14th day of JUNE, 1962.

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(Registered on the 30th day of June, 1962).

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STATES OF JERSEY.

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The 8th day of February, 1962.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law :  -

ARTICLE 1

INTERPRETATION

In this Law, unless the context otherwise requires –

“animal” means any horse, mare, gelding, pony, foal, colt, filly, stallion, ass, donkey, mule, bull, cow, bullock, heifer, calf, steer, ox, sheep, ewe, wether, ram, lamb, pig, boar, hog, sow, goat or kid ;

“the Committee” means the Committee of Agriculture ;

“contravention”, in relation to any provision of this Law, includes a failure to comply with that provision ;

“grant”, in relation to a licence, includes renew or renewal, as the context requires ;

“knacker’s yard” means any building, premises or place provided by the States and administered by the Committee for use in connexion with the slaughtering of animals whose flesh is not intended for sale for human consumption ;

“mechanically-operated instrument” includes an instrument for stunning by means of electricity ;

“public slaughterhouse” means any building, premises or place provided by the States and administered by the Committee for use in connexion with the slaughtering of animals whose flesh is intended for sale for human consumption ;

“the Superintendent” has the meaning assigned thereto by Article 2 of this Law ;

“veterinary surgeon” means a veterinary surgeon registered under the law for the time being regulating the exercise of that profession in the Island.

ARTICLE 2

APPOINTMENT OF SLAUGHTERHOUSE SUPERINTENDENT

(1)           An officer, within the meaning of the Civil Service Administration (Jersey) Law, 1953,1 shall be appointed to the post of Slaughterhouse Superintendent (in this Law referred to as “the Superintendent”) to exercise such powers as may be conferred, and to perform such duties as may be imposed, on him by or under this Law or any other enactment, and to perform such other duties relating to the general administration of public slaughterhouses and knacker’s yards as the Committee may from time to time impose on him.

(2)           Where the occasion requires, the Committee may make temporary arrangements for the exercise by any person of all or any of the functions of the Superintendent, and any person appointed by virtue of any such arrangements to exercise those functions or any of them shall, subject to the terms of his appointment, have the same powers and be subject to the same duties as the Superintendent.

ARTICLE 3

PROVISIONS AS TO SLAUGHTER OF ANIMALS

(1)           Subject as provided by Article 5 of this Law, no animal shall be slaughtered elsewhere than at a public slaughterhouse or knacker’s yard.

(2)           No animal shall be slaughtered otherwise than instantaneously by means of a mechanically operated instrument in proper repair unless –

(a)     by stunning, effected by means of a mechanically operated instrument or an instrument for stunning by means of electricity, being in either case an instrument in proper repair, it is instantaneously rendered insensible to pain until death supervenes ; or

(b)     by such other means as may, by order made by the Committee, be authorized for use, it is rendered insensible to pain until death supervenes and such conditions (if any) as may be imposed by the order are complied with.

ARTICLE 4

PROHIBITION OF SLAUGHTER AND STUNNING EXCEPT BY A LICENSED SLAUGHTERER

(1)           Subject as provided by Article 5 of this Law, no animal shall be slaughtered or stunned by any person except under and in accordance with the conditions of a licence granted by the Committee and in force under this Article.

(2)           Every licence under this Article shall specify –

(a)     the kinds of animals which may be slaughtered or stunned by the holder of the licence ; and

(b)     the types of instrument which may be used by him for slaughtering or stunning any such animals ;

and may, in such cases as may be prescribed by order under Article 6 of this Law, but without prejudice to the generality of paragraph (1) of this Article, be granted subject to a condition prohibiting the slaughter of any animal in pursuance of the licence except under the supervision of a person being the holder of a licence in force under this Article which is not subject to a like condition.

(3)           No licence shall be granted under this Article except to a person of the age of eighteen years or upwards who is, in the opinion of the Committee, a fit and proper person to hold such a licence.

(4)           A licence under this Article shall be in force for such period not exceeding one year as may be specified therein and may be renewed from time to time at the discretion of the Committee.

(5)           The Committee may refuse an application for the grant of a licence under this Article if the applicant has failed to comply with any condition of such a licence previously granted to him or has been convicted of an offence under –

(a)     this Law or any order made thereunder ;

(b)     any enactment repealed by this Law ;

(c)     the “Loi pour empêcher le mauvais traitement des animaux”, confirmed by Order of Her Majesty in Council of the thirteenth day of May, 1896 ;2

(d)     any order made under Article 9 of the Diseases of Animals (Jersey) Law, 1956 ;3 or

(e)     the Animals (Trapping) (Jersey) Law, 1961.4

(6)           The Committee may revoke a licence granted under this Article –

(a)     if it is satisfied that the holder is no longer a fit and proper person to hold such a licence ; or

(b)     if by virtue of paragraph (5) of this Article an application by the holder for the grant of such a licence could be refused.

(7)           The Committee may at any time suspend a licence granted under this Article for such period as it may determine and, in particular, may suspend any such licence held by a person to whom by virtue of paragraph (5) of this Article an application for the grant of such a licence could be refused.

(8)           Any person aggrieved by the refusal of the Committee to grant a licence under this Article or by the suspension or revocation by the Committee of such a licence may appeal to the Inferior Number of the Royal Court against such refusal, suspension or revocation within one month of the intimation thereof, and the decision of the Court shall be final.

(9)           The holder of a licence under this Article shall not without lawful excuse refuse or neglect to slaughter any animal when lawfully required to do so.

ARTICLE 5

EXCEPTIONS

(1)           The provisions of paragraph (1) of Article 3 of this Law shall not apply to the slaughter of an animal on the premises of the owner by the holder of a licence granted under Article 4 of this Law specifically authorizing him to slaughter animals elsewhere than at a public slaughterhouse or knacker’s yard, on condition that –

(a)     any conditions imposed by the licence are complied with ; and

(b)     the meat is consumed in the household of the owner or of some other person to whom he has directly delivered it.

(2)           The provisions of paragraph (1) of Article 3 and paragraph (1) of Article 4 of this Law shall not apply in respect of the slaughter of any animal by a veterinary surgeon by reason of the fact that it is injured or diseased or suspected of being diseased or has been or is suspected of having been in contact with diseased animals.

ARTICLE 6

ORDERS FOR SECURING HUMANE CONDITIONS OF SLAUGHTER, ETC

The Committee may by order make provision –

(a)     for securing humane conditions and practices in connexion with the slaughter of animals and, in particular for prescribing conditions to be observed in connexion with the slaughter of animals and the confinement and treatment of animals while awaiting slaughter ;

(b)     for the administration of public slaughterhouses and knacker’s yards ; and

(c)     generally for carrying this Law into effect.

ARTICLE 7

PENALTIES

(1)           Any person who slaughters or stuns, or attempts to slaughter or stun, any animal in contravention of the provisions of Article 3 or of paragraph (1) of Article 4 of this Law, or knowingly makes any false statement for the purpose of obtaining the grant of a licence under this Law, shall be liable to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months :

Provided that a person shall not be guilty of an offence in respect of any such contravention as aforesaid if he proves that by reason of an accident or other emergency the contravention was necessary for preventing physical injury or suffering to any person or animal.

(2)           Any person who contravenes the provisions of paragraph (9) of Article 4 of this Law shall be liable to a fine not exceeding ten pounds.

ARTICLE 8

TARIFF OF CHARGES

(1)           The Committee shall from time to time fix the tariff of charges to be made for the services provided at public slaughterhouses and knacker’s yards including charges for the services of any person licensed by the Committee to slaughter animals in accordance with the provisions of this Law.

(2)           It shall be the duty of the Superintendent to keep posted up in a conspicuous place in every public slaughterhouse and knacker’s yard a copy of the tariff of charges fixed by the Committee under paragraph (1) of this Article and for the time being in force.

ARTICLE 9

INSPECTION OF MEAT

The provisions of Article 15 of the “Loi (1933) sur le Bétail Étranger, sur la Viande de Boucherie et sur l’Abatage”,5 as amended,6 shall apply in relation to the meat of animals slaughtered at a public slaughterhouse as it applies in relation to imported meat, save in so far as those provisions require the inspection of meat for the purpose of ascertaining its origin and the marking of meat with an indication of origin.

ARTICLE 10

GENERAL PROVISIONS AS TO ORDERS

(1)           Any order made under this Law –

(a)    may make different provision in relation to different kinds of animals or different public slaughterhouses or knacker’s yards;

(b)    may prescribe penalties for offences against the order, not exceeding those specified in paragraph (1) of Article 7 of this Law; and

(c)    may contain such incidental and consequential provisions as may appear to the Committee to be necessary or expedient for the purposes of the order.

(2)           The Subordinate Legislation (Jersey) Law, 1960,7 shall apply to orders made under this Law.

ARTICLE 11

REPEAL AND CONSEQUENTIAL PROVISIONS

(1)           The enactments set out in the Schedule to this Law are hereby repealed to the extent specified in the second column thereof.

(2)           The repeal by this Law of Article 2 of the “Loi (1933) sur l’introduction de Bétail Étranger, sur la Viande de Boucherie et sur l’Abatage”8 shall not affect any appointment made in pursuance of that Article and, if at the time of the coming into force of this Law, there is in office a person appointed to the post of “Inspecteur” in pursuance of the said Article 2, that person shall be deemed to have been appointed to the post of Superintendent in pursuance of Article 2 of this Law and the conditions of his appointment shall apply save in so far as they are at variance with any of the provisions of this Law.

(3)           In the construction, and for the purposes, of any enactment, certificate or document passed or made before the coming into force of this Law, anything which is, or is to be construed as, a reference to the “Inspecteur” appointed as aforesaid shall be construed as a reference to the Superintendent.

(4)           Any licence granted under Article 20 of the said Law of 19339 and subsisting immediately before the coming into force of this Law shall continue to have effect as if it had been granted under Article 4 of this Law.

ARTICLE 12

SHORT TITLE AND COMMENCEMENT

(1)           This Law may be cited as the Slaughter of Animals (Jersey) Law, 1962.

(2)           This Law shall come into force on such day or days as the States may by Act appoint, and different days may be fixed for different purposes and different provisions of this Law.

SCHEDULE

(Article 10)

ENACTMENTS REPEALED

 

TITLE	EXTENT OF REPEAL
“Loi (1933) sur l’Introduction de Bétail Étranger, sur la Viande de Boucherie et sur l’Abatage”,10 as amended.11	In Article 1, the second paragraph.
	Article 2, so far as un-repealed.
	Articles 18, 19, 20, 21, 22, 23, 23(A) and 24.
	In Article 25, sub-para-graphs (c) and (d).
“Règlement Permanent (1933) sur l’Administration des Abattoirs Publics”.12	The whole.
“Règlement Permanent (1937) au sujet du remplacement tempo-raire de l’Inspecteur et du Vété-rinaire nommés aux fins de la Loi (1933) sur l’Introduction de Bétail Étranger, etc.”.13	The whole.
Slaughterhouse Charges (General) (Jersey) Regulations, 1954.14	The whole.
Licensed Slaughterers (Charges) (Jersey) Regulations, 1961.15	The whole.

 

A.D. LE BROCQ,

 

Deputy Greffier of the States.