Slaughter of Animals (Jersey) Law 1962

Link to law: http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f02%2f02.800_SlaughterofAnimalsLaw1962_RevisedEdition_1January2006.htm
Published: 2006-01-01

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Slaughter of Animals (Jersey) Law 1962

Revised Edition

02.800

Showing the law as at 1 January 2006

This is a revised edition of the law

Slaughter of Animals (Jersey) Law 1962

Arrangement

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            General provisions as to Orders

10          Citation

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Slaughter of Animals (Jersey) Law 1962[1]

A LAW with regard to the slaughter of animals and the administration of slaughterhouses and knacker’s yards

Commencement [see endnotes]

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;

“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 Minister for use in connection 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;

“Minister” means the Minister for Planning and Environment[2];

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

“Superintendent” has the meaning assigned by Article 2;

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

2      Appointment of Slaughterhouse Superintendent

(1)    A States’ employee, within the meaning of Article 2 of the Employment of States of Jersey Employees (Jersey) Law 2005[3], 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 the Superintendent 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 Minister may from time to time impose on the Superintendent.[4]

(2)    Where the occasion requires, the Minister 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 the person’s appointment, have the same powers and be subject to the same duties as the Superintendent.

3      Provisions as to slaughter of animals

(1)    Subject as provided by Article 5, 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 Minister, 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.

4      Prohibition of slaughter and stunning except by a licensed slaughterer

(1)    Subject as provided by Article 5, no animal shall be slaughtered or stunned by any person except under and in accordance with the conditions of a licence granted by the Minister 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 the holder of the licence for slaughtering or stunning any such animals,

and may, in such cases as may be prescribed by Order under Article 6, but without prejudice to the generality of paragraph (1), 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 18 years or upwards who is, in the opinion of the Minister, 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 Minister.

(5)    The Minister 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 the applicant or has been convicted of an offence under –

(a)     this Law or any Order made thereunder;

(b)     any enactment repealed by this Law;

(c)     any Order made under Article 10 of the Diseases of Animals (Jersey) Law 1956;[5] or

(d)     the Animals (Trapping) (Jersey) Law 1961.[6]

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

(a)     if 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) an application by the holder for the grant of such a licence could be refused.

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

(8)    Any person aggrieved by the refusal of the Minister to grant a licence under this Article or by the suspension or revocation by the Minister 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.

5      Exceptions

(1)    The provisions of Article 3(1) 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 specifically authorizing him or her 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 the owner has directly delivered it.

(2)    The provisions of Articles 3(1) and 4(1) 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.

6      Orders for securing humane conditions of slaughter, etc.

The Minister may by Order make provision –

(a)     for securing humane conditions and practices in connection with the slaughter of animals and, in particular for prescribing conditions to be observed in connection 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.

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 4(1), 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 £50 or to imprisonment for a term not exceeding 3 months:

Provided that a person shall not be guilty of an offence in respect of any such contravention as aforesaid if the person 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 Article 4(9) shall be liable to a fine not exceeding £10.

8      Tariff of charges

(1)    The Minister 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 Minister 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 Minister under paragraph (1) and for the time being in force.

9      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 Article 7(1); and

(c)     may contain such incidental and consequential provisions as may appear to the Minister 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.

10    Citation

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



Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Slaughter of Animals (Jersey) Law 1962



L.14/1962



1 September 1962 (R&O.4378)



Food and Drugs (Jersey) Law 1966



L.9/1966



1 May 1967 (R&O.4913)



Transfer of Functions (Environment and Public Services Committee (No. 2) (Jersey) Act 2004



R&O.133/2004



23 November 2004



States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005



R&O.132/2005



9 December 2005



Employment of States of Jersey Employees (Consequential, Amendment, Repeal, Transitional and Savings Provisions) (Jersey) Regulations 2005



R&O.155/2005



9 December 2005



Table of Renumbered Provisions



Original



Current



4(5)(c)



spent, omitted from this revised edition



      (d)



4(5)(c)



      (e)



(d)



9      



repealed by L.9/1966



10



9



11



spent, omitted from this revised edition



12(1)



10



(2)



spent, omitted from this revised edition



Schedule



spent, omitted from this revised edition



Table of Endnote References



[1]



This Law has been amended by the States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government



[2]



Notwithstanding the amendments made by the Regulations referred to above, the functions under this Law were transferred to the Minister for Planning and Environment by the States of Jersey (Transfer of Functions from Committees to Ministers) (Jersey) Regulations 2005 chapter 16.800.30



[3]



chapter 16.325



[4] Article 2(1)



amended by R&O.155/2005



[5]



chapter 02.400



[6]



chapter 02.200



[7]



chapter 15.720