Slaughter and Meat Supply Act 2015

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202015/Slaughter-and-Meat-Supply-Act-2015-Eng.pdf

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rangement of Provisions

PART I
PRELIMINARY

1. Short title and commencement
2. Interpretation
3. Purpose
4. Application

PART II
ADMINISTRATION
5. Responsibility of the
Competent Authority
6. Authorised officers
7. Duties of authorised officers
8. Powers of authorised officers
9. Powers of arrest
10. Reporting of offences
11. Meat Advisory Committee
12. Delegation of powers

PART III
APPROVED
ESTABLISHMENTS

13. Slaughtering facilities
14. Exempted persons
15. Approval of establishments
16. Applications
17. Inspection of establishment
18. Number of approved
slaughterhouses
19. Responsibilities of operators
20. Operator to share
responsibility and to provide
facilities and assistance
21. Suspension and revocation of
approval

PART IV
CONDITIONS FOR
SLAUGHTERHOUSE
OPERATION AND MEAT
SUPPLY

22. Notification to the Authority
23. General hygiene and hygiene
process control
24. Record-keeping and
traceability
25. Humane slaughter
26. Conditions for dealing with or
selling meat
27. Inspection and health marking

PART V
MISCELLANEOUS

28. General offences
29. Offences against authorised
officers


2 Slaughter and Meat Supply 2015, No. 17
30. Compounding of offences
31. Forfeiture of non-complying
meat
32. Costs of seizure and
destruction
33. Compensation not payable
34. Protection from personal
liability
35. Forms
36. Regulations
37. Transitional

Schedule

__________

2015, No. 17

AN ACT to regulate livestock slaughtering and meat
distribution and for related purposes. [03rd
June 2015]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:

PART I
PRELIMINARY

1. Short title and commencement - This Act may be cited as
the Slaughter and Meat Supply Act 2015, and commences on a
date nominated by the Minister.

2. Interpretation-(1) In this Act, unless the context otherwise
requires:
“Act”, in relation to this Act, includes any regulations made
under this Act;
“animal” means any domestic animal of the bovine, ovine,
caprine, porcine species, and any domestic poultry, the
meat of which is intended to be used for human
consumption;
“animal identification mark” means:
(a) the mark, including ear tag or other device, applied to
any animal under an enactment; or
(b) a mark approved under section 27(1) to be applied to
any animal before being moved for slaughter to
enable the animal to be traced to the place of
origin.


2015, No. 17 Slaughter and Meat Supply 3

“authorised officer” means a person appointed as such under
section 6;
“approved establishment” means an establishment approved
under section 15;
“carcass” means the whole body of a slaughtered animal after
bleeding and dressing;
“Chief Executive Officer” means the Chief Executive Officer
of the Ministry;
“Competent Authority” or “Authority” means the veterinary
service responsible for animal health and veterinary public
health under the Ministry;
“controlled area” means a defined geographical area, premises
or class of premises, prescribed by regulations;
“cut-up” means cut meat into smaller cuts than half or quarter
carcasses, cut into wholesale cuts, or de-boned meat;
“dressing” means the progressive separation of a slaughtered
animal into a carcass, offal and inedible by-products,
which may include:
(a) the removal of the head;
(b) the removal of the feet at the carpus and tarsus;
(c) evisceration;
(d) forlactating animals, the removal of the udder; and
(e) for bovine animals and small ruminants, flaying.
“fit for human consumption”, for meat, means meat that has
been passed by a meat inspector as safe and wholesome,
unless found unwholesome in subsequent examinations,
which may include laboratory tests;
“food chain information” means the prescribed information
concerning animals presented for slaughter provided by
the owners of animals;
“food service sector”: (a) means any business that prepares and serves food to
the final consumer outside the home; and (b) includes hotels, restaurants or takeaways.
“Hazard Analysis and Critical Control Point Scheme”
(HACCP) means a system of hygiene controls recognised
by Codex Alimentarius established for each individual
processing or manufacturing process in the food industry
with the aim of controlling possible hazards to consumers’
health at each stage of the production chain;


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“health mark” means a mark made by or under the supervision
and responsibility of an authorised officer;
“livestock” means domestic animals including poultry reared
for the purpose of producing edible livestock products and
inedible livestock by-products;
“meat” means: (a) all parts of any slaughter animal suitable for human
consumption; and (b) includes edible offal.
“Meat Advisory Committee” or “Committee” means the Meat Advisory Committee established by section 11;
“meat inspector” means a person appointed as such under
section 6;
“meat product” means meat that has been subjected to a
treatment irreversibly modifying its organoleptic and
physicochemical characteristics;
“Minister” means the Minister responsible for Agriculture;
“Ministry” means the Ministry responsible for Agriculture;
“mobile slaughter unit” means a vehicle and its associated
facilities and equipment designed to permit the hygienic
slaughter and dressing of animals and the hygienic
transport of meat;
“police officer” means a sworn member of the Police Service;
“process” includes the cutting, chopping, comminuting,
mixing or tumbling, salting or curing, utilisation of spices
or non-meat additives, stuffing or filling into casings or
other containers, fermentation and drying, heat treatment,
smoking of meat;
“premises” means places, establishments or buildings where
animals are slaughtered and dressed or meat is cut-up,
further processed or marketed;
“Principal Veterinary Officer” means the person appointed as
such under section 6;
“retail sale” means the sale of meat directly to the final
consumer;
“slaughter” means the killing of animals intended for human
consumption;
“slaughterhouse” means any establishment or mobile
slaughter unit approved under section 15 where animals
are slaughtered and dressed for human consumption;


2015, No. 17 Slaughter and Meat Supply 5

“veterinary officer” means a person appointed as such under
section 6.
(2) Any term defined in Food Act 2015 and used in this Act
has the same meaning in that Act.

3. Purpose - The purpose of this Act is to support and
promote the agriculture industry in Samoa through an efficient,
effective and appropriate livestock slaughter, meat inspection and
meat distribution system providing consumers with safe and
wholesome locally produced meat and meat products while
recognising the following principles:
(a) the right of the consumer to purchase inspected meat;
(b) the responsibility of producers and processors of meat
products to provide a safe and wholesome product;
(c) that slaughter be conducted in a humane manner;
(d) that Government provides a responsive, effective, fair,
timely and efficient administrative and regulatory
system, recognising that whenever practical, it is
essential to promote the purpose of this Act
primarily through non-regulatory means such as
co-operation, communication, education and
partnerships.

4. Application - This Act:
(a) binds the Government; and
(b) does not apply to meat to be exported under the Export
of Meat Act 1997, until that Act is repealed after
which this Act applies.

PART II
ADMINISTRATION

5. Responsibility of the Competent Authority - The
Competent Authority is responsible for enforcing this Act.

6. Authorised officers-(1) The Chief Executive Officer may,
by Warrant of Appointment, appoint the following authorised
officers:



6 Slaughter and Meat Supply 2015, No. 17

(a) a public servant who is a suitably qualified veterinarian
to be Principal Veterinary Officer for a period
specified in the instrument of appointment;
(b) persons who are suitably qualified veterinarians to be
veterinary officers to carry out official meat
hygiene activities specified by the Competent
Authority;
(c) public servants who are suitably qualified to be meat
inspectors.
(2) The power to make appointments in this section, includes
the power to impose conditions or to suspend or revoke the
appointment.

7. Duties of authorised officers-(1) The duties of authorised
officers are:
(a) to carry out ante-mortem inspection of animals
pursuant to the regulations;
(b) to carry out post-mortem inspection of slaughtered
animals as specified in the regulations;
(c) to carry out the health marking of meat as specified in
the regulations;
(d) to report suspected diseases;
(e) to submit any report required under this Act or other
enactment; and
(f) to ensure that the requirements of this Act or any other enactment are observed.
(2) The Principal Veterinary Officer is primarily responsible
for the actions of other authorised officers.

8. Powers of authorised officers-(1) For the purposes of
enforcing this Act, an authorised officer may:
(a) enter and inspect any approved establishment where
animals are being or have been slaughtered, or
where meat is being or has been cut up, stored,
sold or in any way processed;
(b) search, inspect, examine, sample or perform any kind
of test or examination on any animal, animal
product, meat or meat product in any form;


2015, No. 17 Slaughter and Meat Supply 7

(c) cut, remove, detain, seize, recall, or destroy any meat
or meat product that is unfit for human
consumption;
(d) indelibly or otherwise mark, brand, dye or label any
animal, carcass, meat, meat product or package
containing any meat or meat product;
(e) make or impose any order, instruction or condition;
(f) interrupt, suspend or prohibit actions or operations or
completely close unsanitary premises wherever
animals are being slaughtered or meat is being cut-
up, stored, sold or in any way processed;
(g) require any person found in or on any premises and
whom the authorised officer reasonably suspects to
have committed an offence under this Act, to give
to the authorised officer the person’s name and
address and evidence of identity; and
(h) stop a person, vehicle or any kind of conveyance, and,
if necessary, detain the person (subject to Article
6(4) of the Constitution), vehicle or conveyance as
is reasonably necessary to enable the authorised
officer to carry out a search under this section.
(2) If an authorised officer is in the opinion that any meat or
meat product seized is unfit for human consumption, the meat
must be destroyed.
(3) If an authorised officer has reasons to suspect that an
establishment not approved under this Act is being or has been
used to slaughter, or to cut up, store, sell or in any way process
meat, the authorised officer may apply to a District Court Judge
for a warrant to enter and search the establishment.
(4) For the purpose of subsection (3), the authorised officer
may:
(a) request any assistance from a police officer; or
(b) take any document, meat or thing relevant to prosecute
a person under this Act.
(5) The provisions in the Food Act 2015 relating to taking of
samples apply to this Act with necessary modifications.



8 Slaughter and Meat Supply 2015, No. 17

9. Powers of arrest-(1) If a person is committing an offence
against this Act in the presence of an authorised officer, the
authorised officer may:
(a) order that person to stop committing the offence;
(b) request the person to provide -
(i) his or her name by which that person is
commonly known, family name or surname,
actual place of residence, date of birth and
occupation; and
(ii) proof of the information provided under
subparagraph (i) where it is reasonable to
obtain proof; or
(c) arrest the person without a warrant.
(2) The authorised officer must forthwith deliver the arrested
person into the custody of a police officer.

10. Reporting of offences - An authorised officer must report
an offence against this Act, directly to the head of the Animal
Production Health Division of the Ministry.

11. Meat Advisory Committee-(1) The Meat Advisory
Committee is established comprising the members set out in the
Schedule who are to be appointed by the Chief Executive Officer.
(2) The Chief Executive Officer may:
(a) appoint from amongst the members an independent
Chairperson for three (3) years; and
(b) co-opt other persons to the Committee for specific
purposes as representatives of other stakeholders
but have no voting rights.
(3) The members of the Committee (other than members who
are employed by the Government or a public body) are entitled to
meeting allowances and expenses determined by Cabinet and paid
out of the budget of the Ministry.
(4) Officers of the Ministry are entitled to attend meetings to
provide the Committee with information about the hygienic
slaughter system and to answer member’s questions but have no
voting rights.
(5) The Assistant Chief Executive Officer for the Animal
Production Health Division is the Secretary for the Committee.


2015, No. 17 Slaughter and Meat Supply 9

(6) The Committee has the following functions:
(a) to advise the Competent Authority on matters
pertaining to the meat industry or to carry out any
other prescribed functions as required by the
Competent Authority;
(b) to provide its advice to the Competent Authority by
way of a report after each meeting, including
taking into account the requirements of livestock
producers, business buying and handling meat
(including wholesalers, processors, retailers, and
the service sector) and consumers of meat and
meat products in its advice; and
(c) to prepare an annual report to the Chief Executive
Officer on the state of the meat industry in Samoa.
(7) The following rules apply to a meeting of the Committee:
(a) the Chairperson must convene meetings of the
Committee at least once every three (3) months;
(b) the Minister or at least five (5) members may request a
meeting of the Committee to be convened by the
Chairperson;
(c) the quorum is more than 50% of the members;
(d) the decision of the Committee is the decision of
majority of members voting on the matter at the
meeting of the Committee.
(8) The Committee may regulate its own procedures.

12. Delegation of powers-(1) The Minister may delegate
(“the delegation”) to the Principal Veterinary Officer any of the
powers or functions (“delegated powers”) conferred on or
assigned to the Competent Authority by this Act.
(2) The Principal Veterinary Officer:
(a) when carrying out the delegated powers, is subject to
the directions of the Competent Authority;
(b) subject to any general or special directions given by
the Competent Authority, may exercise the
delegated powers in the same manner and with the
same effect as if they had been directly conferred
on the Principal Veterinary Officer by this Act and
not by the delegation; and


10 Slaughter and Meat Supply 2015, No. 17

(c) when purporting to act under the delegation, is (in the
absence of proof to the contrary) presumed to be
acting within the terms of the delegation.
(3) The delegation:
(a) may be revoked by the Minister, in whole or in part,
but the revocation does not affect anything done
under the delegation; and
(b) does not prevent the exercise of delegated powers by
the Competent Authority.

PART III
APPROVED ESTABLISHMENTS

13. Slaughtering facilities - The Competent Authority must
ensure that, when it considers necessary, mobile slaughter units
and fixed slaughterhouses are made available to livestock
producers to enable animals to be slaughtered for human
consumption pursuant to this Act.

14. Exempted persons-(1) The Principal Veterinary Officer
(or a veterinary officer authorised in that behalf by the Principal
Veterinary Officer) may exempt a person from sections 19, 20
and 22 to 26 for the purposes of:
(a) slaughtering an animal owned by an individual for own
consumption if the meat or meat product of the
animal will not be sold;
(b) allowing for the sale and consumption in controlled
areas of meat or meat from animals slaughtered
outside an approved slaughterhouse when
approved slaughterhouse facilities are not available
in that part of Samoa;
(c) facilitating the humane emergency slaughter for human
consumption of casualty animals; or
(d) allowing for slaughter of unmanageable animals and
the processing and consumption of their products;
(2) The Principal Veterinary Officer (or a veterinary officer
authorised by the Principal Veterinary Officer) may, impose any
conditions as he or she considers necessary.



2015, No. 17 Slaughter and Meat Supply 11

(3) Any meat being the subject of an exemption under
subsection (1)(b), (c) or (d) must not:
(a) be sold for human consumption unless the animal from
which it derives were subjected to ante-mortem
inspection and post-mortem inspection, with
favourable results, pursuant to the regulations; or
(b) be used for the production of meat products for sale for
human consumption.

15. Approval of establishments-(1) Subject to section 18, the
Competent Authority may, upon application, approve:
(a) any premises as a slaughterhouse, if the Authority is
satisfied that the premises and the method of
operation of the premises comply with this Act; or (b) a vehicle, such as a mobile slaughter unit, if the
Authority is satisfied that the vehicle, the equipment and the method of operation comply with this Act.
(2) In determining whether or not to approve an establishment
under subsection (1), the Authority must have regard to:
(a) an inspection report made under section 17(1); and
(b) any further representations submitted by the applicant
under section 17(3).
(3) The Authority must notify the applicant in writing of the
decision on the application for the approval of an establishment
under this section and of the reasons for any refusal to approve the
establishment.
(4) Any approval of an establishment under this Act must, in
the interest of maintaining a sufficient standard of hygiene, be
subject to the condition that no alteration must be made to:
(a) the premises or the equipment in the establishment
otherwise than by way of repairs and maintenance;
or
(b) the method of operation in that establishment,
without the prior approval in writing of the Authority who must
have regard to any views of the Principal Veterinary Officer.
(5) In approving an establishment under this section, the
Authority may impose any terms and conditions as to the services
to be provided to the public by the establishment as the Authority
considers appropriate.


12 Slaughter and Meat Supply 2015, No. 17

(6) When an establishment is approved, the Authority must
issue to the Principal Veterinary Officer a unique marking and
approval number or code for that establishment to be used by the
Authority in health certification thereafter if so required.

16. Applications-(1) An application for the approval of an
establishment under this Act must:
(a) be in the approved form;
(b) be accompanied by the prescribed fee; and
(c) be made to the Authority.
(2) In assessing the suitability of any meat establishment for
approval, the Authority must consult with the Ministry
responsible for Environment with regards to compliance with
relevant legislation concerning waste management and disposal
and the Code of Environmental Practice for Slaughterhouse
Development.

17. Inspection of establishment-(1) Before the Competent
Authority considers or approves an application, the Authority
must refer the application to the Principal Veterinary Officer who
must direct a veterinary officer:
(a) to inspect the establishment named in the application;
and
(b) to make a report on that establishment.
(2) If the Principal Veterinary Officer has been notified under
subsection (1) of an application for the approval of an
establishment, the Principal Veterinary Officer:
(a) may submit written representations relating to that
application to the Competent Authority within 21
days after receiving the notification; and
(b) must send a copy of any representations to the
applicant.
(3) Within 21 days after receiving a copy of any
representations submitted by the Principal Veterinary Officer
under subsection (2), the applicant may submit written
observations on the representations to the Authority.


2015, No. 17 Slaughter and Meat Supply 13

18. Number of approved slaughterhouses-(1) Subject to
subsection (2), one (1) principal slaughterhouse for cattle, small
ruminants and pigs is to be situated on Upolu.
(2) The Competent Authority may, with the prior approval of
Cabinet, approve additional slaughterhouses in a specified part of
Samoa if the Authority is satisfied that:
(a) the throughput of the existing approved slaughterhouse
exceeds considerably its capacity;
(b) adequate approved slaughtering facilities are not
available on non-discriminatory terms and
conditions for the benefit of livestock producers at
all times in a specific region (other than during
temporary closures, Sundays and public holidays);
or
(c) there is a need to establish specialised slaughterhouses
for livestock species (other than species mentioned
in subsection (1)) in particular poultry.
19. Responsibilities of operators - The operator of an
approved slaughterhouse must, at all times (other than during
temporary closures, Sundays and public holidays) including
compliance to meat inspection principles:
(a) provide to the public on non-discriminatory terms
adequate and regular slaughtering services; and
(b) other prescribed slaughtering services.

20. Operator to share responsibility and to provide
facilities and assistance-(1) The meat industry and the
Competent Authority are jointly responsible for the production
and distribution of safe and wholesome meat.
(2) The employees of the meat industry are to be involved as
widely as possible:
(a) in voluntary quality assurance systems; and
(b) in the monitoring and control of meat hygiene,
with supervision and audit by the Authority to ensure compliance
with requirements of safe and wholesome meat.



14 Slaughter and Meat Supply 2015, No. 17

(3) The operator of an approved establishment must:
(a) provide the Authority and any authorised officer any
assistance as may be required at any time to carry
out their duties and powers under this Act; and
(b) provide for the use of the Authority and any authorised
officer any accommodation, facilities for
inspection, equipment, protective clothing and
safety-wear and other reasonable needs to carry out
their duties and powers under this Act.

21. Suspension and revocation of approval-(1) The
Competent Authority may suspend or revoke its approval of any
approved establishment if:
(a) after an inspection of, or an inquiry into, the method of
operation of the approved establishment and a
report by an authorised officer; and
(b) for revocation of approval, after consultation with the
operator,
the Authority is satisfied that, for the establishment:
(aa) the requirements of this Act are no longer complied
with, or have not been complied with and no action
has been taken to ensure that a similar breach does
not occur in future; or
(bb) the conditions attached to the approval of that
establishment under section 15(4) or (5) have not
been observed.
(2) The Competent Authority must forthwith notify
(“notification”) the operator:
(a) of the suspension or revocation decision under
subsection (1), and the reasons for the suspension
or revocation; and
(b) of the date on which the suspension or revocation is to
take effect.
(3) The notification:
(a) for revocation, must be given in writing; and
(b) for suspension may -
(i) be given orally (which must be
confirmed in writing); or
(ii) in writing.


2015, No. 17 Slaughter and Meat Supply 15

(4) An approved establishment which has been suspended is
to be treated throughout the period of suspension as if approval
had not been granted under this Act.
(5) If the period of suspension does not have an end date, the
Competent Authority may, by written notice, fix the end date of
the suspension and give the notice to the operator.

PART IV
CONDITIONS FOR SLAUGHTERHOUSE
OPERATION AND MEAT SUPPLY

22. Notification to the Authority - The operator of an
approved establishment must provide reasonable notice to the
Competent Authority of the operator’s intention to carry out any
procedure which requires the presence of any authorised officer at
that establishment.

23. General hygiene and hygiene process control - The
operator must apply:
(a) all practices regarding the conditions and measures
necessary to ensure the safety and suitability of
food at all stages of the food chain (Good Hygiene
Practices); and
(b) the HACCP principles for the sequence of slaughter
and dressing operations and the subsequent
handling of meat to the greatest extent practicable.

24. Record-keeping and traceability-(1) In order to secure
traceability along the entire food chain from farm to consumer,
the operator of an approved slaughterhouse must:
(a) collect, at the operator’s establishment, food chain
information documentation reaching back along
the food chain to the primary producer that
accompany livestock, as requested by the
Competent Authority; and
(b) keep record book (“record book”) at the establishment
in which must be entered daily the following
details -



16 Slaughter and Meat Supply 2015, No. 17

(i) quantity, species, sex and animal
identification marks of the animals entering the
approved establishment;
(ii) owner and origin of the animals;
(iii) destination of the meat;
(iv) quantity of carcasses;
(v) date animals enter and meat leaves the
approved establishment;
(vi) any other matter, as may be prescribed,
relating to the type or class of approved
establishment.
(2) The food chain information collected must be made
available by the operator to an authorised officer for the officer’s
professional evaluation of the information data.
(3) The authorised officer must keep a register and enter in the
register the following details:
(a) records of animals slaughtered and meat and meat
produced;
(b) origin of livestock and destination of meat;
(c) results of inspection;
(d) other matter, as the principal veterinary officer
considers proper or necessary.
(4) The record book must at all times during working hours be
open to inspection by any authorised officer.
(5) The operator of an approved establishment commits an
offence who:
(a) without any lawful excuse, fails on any day to make in
the record book any entry required to be made
under this section; or
(b) knowingly makes a false entry in the record book.
(6) An operator convicted of an offence under subsection (5)
is liable to a fine not exceeding 100 penalty units or to
imprisonment for a term not exceeding two (2) years, or to both.

25. Humane slaughter - All animals must be slaughtered in a
humane manner.



2015, No. 17 Slaughter and Meat Supply 17

26. Conditions for dealing with or selling meat-(1) A person
must not deal with or sell fresh meat for human consumption
unless the meat:
(a) has been obtained from an approved slaughterhouse
from which the meat was derived;
(b) comes from an animal which was accompanied by
food chain information set out in the regulations;
(c) has been subjected to an ante-mortem health inspection
under the regulations, which, following the
inspection, has been passed as fit for slaughter for
human consumption;
(d) has been prepared under prescribed hygienic
conditions;
(e) comes from the body of an animal which has been
subjected to a post-mortem health inspection under
the regulations and which has shown no evidence
of disease or other abnormal condition that might
render the meat unfit for human consumption;
(f) has been given a health mark under the regulations; and
(g) has been transported in prescribed hygienic conditions.
(2) A person must not sell meat products for human
consumption unless the meat products have been obtained from
meat which fulfils the requirements of subsection (1).

27. Inspection and health marking-(1) The Competent
Authority must arrange for ante-mortem health inspections and
post-mortem health inspections to be carried out at every
slaughterhouse pursuant to the regulations, including approval of
mark to be applied to any animal before being moved for
slaughter.
(2) The meat must be marked pursuant to the regulations, if
fresh meat intended for sale for human consumption:
(a) has been passed fit for human consumption following
ante-mortem health inspection and post-mortem
health inspection; and
(b) complies with the requirements of this Act.
(3) Any other meat is not required to be marked pursuant to
this section.



18 Slaughter and Meat Supply 2015, No. 17

(4) A person must not remove, or cause or permit to be
removed:
(a) from a slaughterhouse, any blood or any carcase or part
of a carcase or any offal intended for sale for
human consumption; or
(b) any offal from a slaughtered animal intended for sale
for human consumption,
until the blood, carcase or offal has been inspected pursuant to
this Act.
(5) A person must not use any mark so resembling a health
mark, or in such a way, as to be likely to suggest that the product
has been produced pursuant to this Act.

PART V
MISCELLANEOUS

28. General offences-(1) A person commits an offence who:
(a) contravenes any of the provisions of this Act; or
(b) refuses or wilfully omits to carry out any lawful, order,
instruction or condition made, given or imposed by
any authorised officer under this Act.
(2) A person convicted of an offence under subsection (1) is
liable:
(a) to a fine not exceeding 100 penalty units or to
imprisonment for a term not exceeding two (2)
years, or both; and
(b) if the offence is a continuing one, to a further fine not
exceeding 10 penalty units for every day after the
first day on which the offence has continued.

29. Offences against authorised officers-(1) A person
commits an offence who assaults, delays, obstructs or threatens an
authorised officer when carrying out any function, duty or power
under this Act.
(2) A person convicted of an offence under subsection (1) is
liable:
(a) to a fine not exceeding 100 penalty units or to
imprisonment for a term not exceeding two (2)
years, or both; and


2015, No. 17 Slaughter and Meat Supply 19

(b) if the offence is a continuing one, to a further fine not
exceeding 10 penalty units for every day after the
first day on which the offence has continued.

30. Compounding of offences-(1) If the Principal Veterinary
Officer is satisfied that an operator has committed an offence
under section 28 or under any regulations, the Officer may:
(a) compound the offence, by notice (in the approved
form) to the operator; and
(b) order the operator to pay a sum of money, not
exceeding the maximum fine for that offence.
(2) The Principal Veterinary Officer must not exercise the
power under subsection (1) unless the operator admits, in writing,
committing the offence and requests the Principal Veterinary
Officer to deal with the offence under the provisions of this
section.
(3) The Principal Veterinary Officer may give the operator an
opportunity to make written submission on the fine proposed in
the order.
(4) When an order is made under this section:
(a) the order must be in writing and attached to it the
operator’s request to the Officer to deal with the
matter under this section;
(b) the order must set out the offence committed and the
penalty imposed;
(c) a copy of the order must be given to the operator;
(d) the operator is not to be liable to any further
proceedings or prosecution in respect of that
offence, and if the operator is in custody the
operator must be discharged;
(e) the order is final and is not subject to appeal; and
(f) if the sum of money (or part of it) ordered to be paid is
not paid, the Principal Veterinary Officer may send
a copy of the order to the District Court which may
make an order for its enforcement in the same
manner as if the penalty had been imposed by the
District Court.
(5) In this section, “operator” includes the operator’s agent.



20 Slaughter and Meat Supply 2015, No. 17

31. Forfeiture of non-complying meat - Any meat or meat
product that fails to comply with this Act may be seized and
forfeited to the Ministry or destroyed or otherwise disposed of, or
by order of, an authorised officer, including any other meat or
meat-products stored with them.

32. Costs of seizure and destruction-(1) The operator of an
approved establishment or the operator’s agent is liable for all
costs and expenses ordered or required under this Act relating to,
and attendant upon, any inspection, examination, testing, seizure,
treatment, detention, destruction, trimming, disposal or other
dealings relating to any animal, animal product, meat or meat
product, poultry meat or poultry meat product.
(2) The costs and expenses are recoverable as a debt due to the
Government.

33. Compensation not payable-(1) Compensation is not
payable for:
(a) the slaughter, death, loss of production or earnings or
devaluation of any animals, or the destruction,
condemnation, deterioration or devaluation of any
animal product, meat or meat product, poultry
meat or poultry meat product consequent to any
detention, examination, test, treatment, suspension
of operations or other action taken or ordered
under this Act; or
(b) trespass or damage to any property or premises caused
by an authorised officer in carrying out the duties
and powers under this Act, if due care was taken at
all times.
(2) The Competent Authority may authorise ex-gratia
payment to the owners of animals that have received a favourable
result at ante-mortem inspection and the carcase or parts of the
carcase are deemed unfit for human consumption at the
subsequent post-mortem inspection.



2015, No. 17 Slaughter and Meat Supply 21

34. Protection from personal liability - A person who carries
out any function, duty or power under this Act is not personally
liable for any act, done in good faith, relating to the function, duty
or power.

35. Forms - The Minister may approve forms, certificates,
permits, labels which may be issued under this Act.

36. Regulations - The Head of State, acting on the advice of
Cabinet, may make regulations to give effect to the provisions or
for the purposes of this Act, and in particular may make any of the
following regulations:
(a) prescribing general conditions for the approval of
establishments and slaughterhouses;
(b) prescribing special conditions for the approval of
slaughterhouses;
(c) prescribing conditions for the construction and
operation of approved establishments and
slaughterhouses;
(d) prescribing the manner of and the devices to be used in
the slaughter of animals in approved
slaughterhouses;
(e) prescribing the manner of and the devices to be used in
the meat handling and transport beyond the
slaughterhouse stage;
(f) prescribing minimum standards of hygiene of staff,
premises and equipment;
(g) providing for compulsory hygiene process control in
slaughter and meat processing operations;
(h) providing for health marking;
(i) providing for compulsory ante-mortem health
inspection and post-mortem health inspection;
(j) prescribing minimum standards for slaughter and
cutting hygiene;
(k) prescribing requirements for meat and poultry meat
intended for cutting;
(l) providing for health control of cut meat and stored
meat, cut poultry meat and stored poultry meat;



22 Slaughter and Meat Supply 2015, No. 17

(m) prescribing conditions for the wrapping and packaging
of fresh meat and poultry meat;
(n) providing for the issue of health certificates for fresh
meat;
(o) prescribing conditions for the storage, transport and
export of meat and poultry meat;
(p) prescribing conditions for the marking, storage, sale
and supply of meat in controlled areas not for
human consumption;
(q) prescribing minimum levels of service to be provided
to the public by approved establishments;
(r) prescribing maximum fees to be charged for services
provided to the public by approved establishments;
(s) prescribing fees and charges for the purpose of this
Act, subject to the prior approval of the fees and
charges by the National Revenue Board established
under the Public Finance Management Act 2001;
(t) declaring any part of Samoa, or any premises or any
type or class of premises to be controlled area for
purposes of this Act;
(u) regulating, controlling or banning the slaughter, cutting
up, storage or sale of specified animals, types of
animal, animal products, meat or meat products,
poultry meat or poultry meat products considered
to be infected with any disease, treated or exposed
to any specified or unspecified drug, chemical,
substance or ionizing radiation, or containing or
considered to contain any residue of harmful
substance;
(v) prescribing recognised codes of practice to be adopted
and for their provisions to be generally or partially
applicable in Samoa;
(w) providing for the introduction and operation of
grading schemes;
(x) providing any matters required to be prescribed under
this Act.



2015, No. 17 Slaughter and Meat Supply 23

37. Transitional-(1) This Act does not apply to:
(a) beef for retail sale or beef sold to the food service
sector before a date to be determined by the
Competent Authority which must be no later than
three (3) years after the commencement of this Act
and when it deems that adequate arrangements are
in place throughout Samoa for the slaughter and
dressing of cattle; and
(b) beef produced specifically for community or
traditional purposes (including fa’alavelave) before
a date to be determined by the Competent
Authority.
(2) Following the application of the Act pursuant to
subsection (1), any beef produced for community or traditional
purposes must not be eligible for retail sale or sale to the food
service sector unless it complies with section 23 and has been
health marked accordingly.
(3) This Act does not apply to:
(a) the meat of animals other than cattle for retail sale or
sold to the food service sector; or
(b) the meat of animals other than cattle produced
specifically for community or traditional purposes,
before a date or dates to be determined by the Competent
Authority.
(4) Subsections (1) and (3) apply to the requirements in
section 24(2) for meat used in the production of meat products.
(5) The Competent Authority must publish any date
determined under this section by notice published in Samoan and
English in the Savali, but the non-publication does not affect the
determination.



24 Slaughter and Meat Supply 2015, No. 17


SCHEDULE
(section 11)
MEMBERS OF THE MEAT ADVISORY COMMITTEE

The Meat Advisory Committee comprises the following
members:
(a) one member from the Cattle Farmers Association
(Upolu);
(b) one member from the Cattle Farmers Association
(Savaii);
(c) one member from the pig producers (Upolu);
(d) one member from the pig producers (Savaii);
(e) one member from the sheep industry (Upolu);
(f) one member from the sheep industry (Savaii);
(g) one member from the meat processors industry (Upolu);
(h) one member from the meat processors industry (Savaii);
(i) one member from the meat retailers group (Upolu);
(j) one member from the meat retailers group (Savaii);
(k) one member from the hotel industry (Upolu);
(l) one member from the hotel industry (Savaii);
(m) one member from the restaurant industry (Upolu);
(n) one member from the restaurant industry (Savaii);
(o) one member from the meat importer industry (Upolu);
(p) one member from the meat importer industry (Savaii);
(q) one member from the consumer industry;
(r) one member from the Ministry of Health;
(s) one member from the Ministry of Commerce, Industry
and Labour;
(t) one member from the Ministry of Natural Resources and
Environment;


2015, No. 17 Slaughter and Meat Supply 25

(u) one member from the poultry industry (Upolu);
(v) one member from the poultry industry (Savaii).

__________

The Slaughter and Meat Supply Act 2015 is administered
by the Ministry of Agriculture and Fisheries.