Animal Health and Welfare (Livestock Marts) Regulations 2018.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Regulations may be cited as the Animal Health and Welfare (Livestock Marts) Regulations 2018.
(2) Subject to paragraph (3) these Regulations will come into operation immediately.
(3) Regulation 3 and Regulation 5 (1) (l) come into operation on 1 January 2019.
num: 2
paragraphs: In these Regulations—
num: 3
paragraphs: (1) A person shall not operate a livestock mart except in accordance with a licence (“livestock marts licence”).
(2) The Minister may grant a livestock marts licence, attach conditions to a livestock marts licence, suspend, revoke or vary a condition, attach a new condition, refuse an application, suspend or revoke a livestock marts licence.
(3) An application for a livestock marts licence shall be made in a form, be accompanied by any material and contain any particulars that the Minister specifies.
(4) The Minister shall not consider an application for a livestock marts licence if the application does not contain all the material and particulars sought by the Minister or is not accompanied by the fee (if any) set in accordance with section 73 of the Act.
(5) Without prejudice to the generality of paragraph (2), a condition of a livestock marts licence may—
(a) relate to the period of validity of the licence and may also stipulate hours of operation,
(b) relate to the provision of facilities for the use of authorised officers,
(c) require that only certain species or types of livestock are kept or sold at the livestock mart,
(d) require that no more than a specified number of livestock either generally or livestock of a particular class or description be kept on the premises to which a livestock marts licence relates,
(e) relate to the veterinary supervision of the livestock mart,
(f) restrict the age of livestock either generally or livestock of a particular class or description that may be kept on the premises of the livestock mart,
(g) provide for the assignment of specific functions relating to animal health, welfare, sanitary measures including cleaning and disinfection, tracing of livestock to lands or premises of origin and identification of livestock to specific persons,
(h) relate to training to be undertaken by staff working at a livestock mart and the maintenance of records relating to training,
(i) provide for the keeping of records,
(j) relate to the provision of written procedures relating to the protection of the health and welfare of livestock at the mart,
(k) relate to segregation of livestock at a livestock mart having regard to species, gender, age, type, health status or other requirement,
(l) relate to standards and specifications for machinery, technology, equipment and fittings at a livestock mart,
(m) relate to bio-security measures to be operated at the livestock mart
(6) Without prejudice to the generality of paragraph (2), the Minister may refuse an application, suspend or revoke a livestock marts licence if–
(a) he or she is satisfied that the Act or these Regulations have not been or will not be complied with,
(b) the applicant or registered person has been convicted of an offence relating to livestock, animal health, animal welfare or public health,
(c) the operation of the livestock mart poses a serious threat to the health or welfare of livestock,
(d) the structures and equipment used to contain, load, unload or restrain livestock are not designed or maintained in a safe and sanitary condition,
(e) the applicant or person to whom a livestock marts licence relates has failed to comply with a condition of the licence,
(f) the livestock mart is not, or ceases to be, equipped for the proper disposal of waste products and material, including used bedding,
(g) the applicant or person to whom a livestock marts licence relates is not, in the opinion of the Minister, a fit and proper person to hold a livestock marts licence,
(h) without prejudice to paragraph (4), in relation to the application, information required has not been furnished or information that is, in the opinion of the Minister, false or misleading in a material particular that has been furnished,
(7) Other than in the case of refusal or revocation under paragraph (8) or (9) if the Minister proposes to suspend or revoke a livestock marts licence or to refuse an application he or she shall
(a) notify the person concerned in writing of the proposal and of the reasons for the proposal, and that he or she may make representations to the Minister in relation to the proposal within 14 days of the notification,
(b) consider a representation made before deciding whether to proceed with, modify or annul the proposal, and
(c) notify the person concerned of the decision and the reasons for the decision.
(8) If the Minister is of the opinion that it is necessary to prevent the risk of disease or to give effect to an act of an institution of the European Union, he or she may refuse an application or suspend or revoke a livestock marts licence in accordance with paragraph (9).
(9) If the Minister refuses an application or suspends or revokes a livestock marts licence for the purposes set out in paragraph 8, he or she shall
(a) notify the person concerned in writing of the decision and the reasons for the decision, and that he or she may make representations to the Minister in relation to the decision within 14 days of the date of the notification,
(b) consider a representation made, and
(c) confirm, modify or annul the decision and notify the person concerned of the decision and the reasons for the decision.
(10) The Minister may publish a list of livestock mart licences, containing such information as he considers appropriate, on the website of his or her Department of State and in any other manner (if any) as the Minister may determine.
num: 4
paragraphs: (1) The owner or operator of a livestock mart shall maintain accurate records regarding livestock that enter, leave, are kept at, sold or supplied through the livestock mart.
(2) Each record mentioned in paragraph (1) shall be made no later than 36 hours after the event to which it relates and shall include-
(a) the name and address of the owner and person who offers livestock for sale or supply,
(b) the date livestock enter and leave the premises of the livestock mart,
(c) description of livestock, including species, breed, sex, age and identification (as appropriate by species),
(d) name and address of person to whom livestock is sold or supplied and date of sale or supply,
(e) name and address of each person involved in purchase of livestock at the livestock mart,
(f) details of disposal of livestock, other than by sale or supply, including the reason for livestock prohibited for sale and the date of the event,
(g) details of veterinary treatment, including, the nature of the disease or injury, the type of service rendered including euthanasia method, the dates and times of treatment, the pen in which livestock is confined and the identity of the attending veterinary practitioner.
(3) A record maintained under this Regulation shall, in a form that the Minister may direct, be kept for a period of no less than 3 years and made available on request to an authorised officer.
num: 5
paragraphs: (1) A person shall not, at a livestock mart, sell or supply, or cause or permit another person to sell or supply
(a) livestock affected with disease,
(b) livestock unable to move independently without pain,
(c) livestock unable to walk unassisted,
(d) infirm, injured or fatigued livestock,
(e) livestock that presents with an open wound, or prolapse,
(f) pregnant female livestock for whom 90 % or more of the expected gestation period has passed,
(g) female livestock that has given birth in the previous 7 days,
(h) new-born livestock in which the navel has not completely healed,
(i) a pig that has not attained the age of three weeks,
(j) a lamb that has not attained the age of one week,
(k) a foal that has not attained the age of one week,
(l) a calf that has not attained the age of ten days, or
(m) a cervine animal in velvet.
num: 6
paragraphs: The operator of a livestock mart shall provide a sufficient number of covered pens that are separated from other pens at the livestock mart, are capable of being thoroughly cleaned and disinfected and are equipped with appropriate facilities
(a) for watering, feeding, resting, and
(b) to facilitate veterinary examination and treatment of livestock mentioned in Regulation 5.
num: 7
paragraphs: The operator of a livestock mart shall take all necessary measures to ensure that livestock are not loaded onto a vehicle unless the fittings, equipment and machinery are in a condition, and maintained in a manner, that do not threaten the health or welfare of the livestock.
num: 8
paragraphs: The operator of a livestock mart shall take all necessary measures to ensure that a person seen to be handling cattle shall not have in his or her possession or under his or control a stick, goad or other tool which may be used to cause unnecessary pain or suffering to livestock in the vicinity of that part of a livestock mart where calves are held or to which calves aged 42 days or younger have access.
num: 9
paragraphs: The operator of a livestock mart shall take all necessary measures to ensure that a person shall not strike or kick an animal at a livestock mart.
num: 10
paragraphs: The operator of a livestock mart shall take all necessary measures to ensure that an equine, other than a suckling foal accompanying its mother, must be haltered or bridled and led by hand when not confined to a pen.
num: 11
paragraphs: The operator of a livestock mart shall take all necessary measures to ensure that a person shall not drive or lead livestock-
(a) over any surface the nature or condition of which may result in,
(b) in light conditions which may contribute to,
num: 12
paragraphs: The operator of a livestock mart shall not sell or cause or permit another person to sell a bovine at a place where the business of the livestock mart is carried out unless, in advance of and during the sale
(a) the name and full address of the owner and the person in whose name the herd from which the bovine is being offered for sale is registered,
(b) if the bovine has been tested for tuberculosis, the month and year of the most recent test,
(c) if the bovine is offered for sale by or on behalf of a dealer as defined in Council Directive 64/432/EEC, a statement of that fact and
(d) a statement as to eligibility of the bovine animal for live export to an EU member state
num: 13
paragraphs: (1) The operator of a livestock mart shall not sell or supply livestock or cause or permit another person to sell livestock, unless
(a) in the case of a bovine
(i) it is identified properly and
(ii) the movement of the bovine is recorded on the database maintained by the Minister,
(b) in the case of a sheep or a goat-
(i) it is identified properly, and
(ii) it is accompanied by a dispatch/movement document relating to the batch within which the sheep or goat had moved,
(c) in the case of an equine
(i) it is accompanied by a passport relating to the equine, and
(ii) if identified on or after 1 July 2009, it is identified with a transponder, the number of which is recorded in the passport presented with the equine,
(d) in the case of a pig
(i) it is identified properly and
(ii) it is accompanied by a dispatch/movement document
(2) Paragraph (1) is in addition to, and not in substitution for, a provision mentioned in that paragraph.
num: 14
paragraphs: The operator of a livestock mart shall keep and maintain a dedicated area of the livestock mart and all necessary equipment and supplies for disinfecting vehicles, other machinery and equipment used in connection with livestock.
num: 15
paragraphs: (1) Regulation 4, 8, 10, 11 and 14 are penal provisions to which section 36 (4) (a) of the Act applies.
(2) Regulations 3(1), 5, 6, 7, 9, 12, and 13 are penal provisions to which section 36 (4) (b) of the Act applies.