Meat Safety Act

17. No person may disclose any information which relates to any person and which was acquired by him or her in the performance of his or her functions in terms of this Act. except— (a) in so far as it may be necessary for the application of this Act; (b) for the purposes of any legal proceedings under this Act: (c) when required to do so by a competent court; (d) if the Minister, in the public interest, authorises the disclosure thereofl or (e) to the extent necessary in order to comply with a law dealing with access to information. Appeals 18. (1) Any person who feels aggrieved by a decision of the national executive officer, an assignee, a provincial executive officer or an authorised person may appeal against that decision to the Minister or the MEC of the province in question, as the case may be. (2) An appeal referred to in subsection (1) must be lodged in the prescribed manner within the prescribed period, and the prescribed fee must be paid. 5 10 15 (3) (u) The Minister or MEC, as the case may be, may designate one or more 20 independent senior officers to investigate and report on the grounds of appeaI. (b) The national executive officer, assignee, provincial executive officer or authorised person who made the decision and the appellant may appear or be requested to appear at an investigation referred to in paragraph (u), in order to be heard or to be questioned, and are entitled to legal representation. (4) (u) The Minister or MEC, as the case may be, may after considering the report and other documents relating to the appeal, confirm, set aside or amend the decision or issue such order in connection therewith as may be fit. (b) If the Minister or MEC, as the case may be, sets aside a decision which is the subject of an appeal or amends it in favour of an appellant, the fee referred to in subsection (2) must be refunded to the appellant concerned. Offences and penalties 19. (1) (a) (b) (c) (d) (e) (J9 (g) (11) A person commits an offence if he or she— contravenes or fails to comply with section 7, 13(l)(a), 13(5), 13(6), 13(8), 14(1), 14(7) or 17; contravenes or fails to comply with a condition imposed in terms of section 8(l)(b), 13(3) or 13(7); refuses or fails to comply with an instruction issued under section 10( 1 ]; contravenes or fails to comply with any applicable essential national standard; obstructs or hinders the national executive officer, a provincial executive officer, an officer contemplated in section 3(1)(a)(i) or an authorised person in the exercise of any power or the performance of any duty under this Act. or refuses or fails to comply with a direction referred to in section 16(1)(b); whiie being a participant in a scheme, contravenes or fails to comply with any provision of that scheme; damages, destroys or otherwise tampers with any sample taken in terms of section 16(l)(e); refuses or fails to furnish information requested in terms of section 16(l)(b)(ii) or furnishes information which is false or misleading, knowing that it is false or misleading; 25 30 35 40 45 50 2(, . . . . . . .— .—-.— -—-—-——. .-— .-— .——-— _.— .— x,!. 2170: (i(3’,’1:RXhl I;?: TG,AZETTE, 1 NOv’IEhf BER 2000” . -— . . —. —— .\cl %.4 fi,2(w) \l[;, \”l-S,ll FT:”AC’T. 200[)” (i) (i) (k) ([) (/11) ulters or forges any permit. ccl~lfic:im. cwnsent or authori(y con[emplaied in [his Act; in orde] to evade ally p[mvision of this Act. uses a document which has heen altered or forged: sells, remo’.es or tampers with any animal. meat, animal product, material, 5 substance. book, record or other document seized in terms of section 16, or tampers with an identification mark or seal attached thereto or to a container thereof in terms of that section; falsely holds himself or herself out to be the nationai executive officer, a provincial executive officer, an authorised person or an assignee; or makes a documen[ or causes a document to be made which purports to be but is in ~~ct not a permit, certificate, consent, authority or other document issued in terms of this Act. 10 (2) Any person who is convicted of an offence in terms of this Act is— (u) (b) in the case of a first conviction, liable to a fine or to imprisonment for a period 15 not exceeding two years or to both a fine and such imprisonment; and in the case of a second or subsequent conviction, whether it be for the same offence or for some other offence referred to in subsection (l), liable to a fine or to imprisonment for a period not exceeding four years or to both a fine and such imprisonment. Z() (3) Despite anything to the contrary contained in any other law, a magistrate’s court is competent to impose any penalty provided for in this Act. Forfeiture

20. A court convicting any person of an offence under this Act may, when requested thereto by the public prosecutor, in addition to any other punishment imposed in respect 25 of that offence, order that the meat, animal, animal product, article, book or other document which formed the subject of the charge against that person, be forfeited to the State. Presumptions and evidence

21. In any prosecution under this Act— 30 (a) any meat, animal product, substance or material from which a sample has been taken pursuant to the provisions of this Act must, unless evidence to the contrary is adduced, be regarded as having the same properties as that sample; and (/)) any document purporting to have been certified by the national executive 35 officer, an assignee, a provincial executive officer or an authorised person to the effect that it is a true copy of the document to which the proceedings relate, is permissible as evidence in any court. Regulations 22. ( 1 ) The Minister may make regulations regarding— (u) (/1) (c’) (d) (e) (f) any matter which in terms of this Act is required or permitted to be prescribed; the requirements with which slaughter fi~cilities have to comply for registration in terms of this Act; the slaughter of imirnals for own consumption and for religious and cultural purposes; the fees payable if an animal, meat or an animal product is examined by an ofticer in terms of this Act; the keeping of records and the furnishing of returns in connection with any matter relating to abattoirs, animals brought to such abattoirs and the meat and animal products derived from such animals; the taking of samples for the purposes of this Act, and the testing, examination and analysis of such samples; 40 45 so 2s . — .——.— X(1, ?1707 .Ict X(). 40.2000 . . - — — — . — — — . . - — — . .-. —————.— G()\’ERNMEXT GAZETTE. 1 NOVE).IBER 2000 ?.IEAT S,+FETY ACT. 2000 (~) the manner in which and periods within which specitied applications hove to be submitted. [he documents which are 10 accompany such applications. and Ihe fees which are payable in respect of such appiica~irrns; (h) rmatters pertaining to the importation and exportation of meat: and (i) genemiiy witil regard to any other matter which it is necessary or expedient to 5 prescribe in order to achieve or promote the objectives of this ,4ct. (2) The Minister may by regulation grant exemption from the operation of a pro\ision of this Act in respect of a particular area in the Repubiic, a particular ciass of siaughter faciiity or abattoir or grade of abattoir, a particular category or group of persons or a particular category or group of owners or a particular kind or ciass of animai. (3) A regulation may for any contravention thereof or faiiure to compiy therewith. provide for a fine or imprisonment-– (a) in the case of a first conviction, for a period not exceeding one year; and (b) in the case of a second or subsequent conviction, for a period not exceeding two years. Delegation 23. (1) The Minister may, subject to such conditions as he or she may impose, delegate or assign to the nationai executive officer, any officer of the Department or authorised person any power or duty conferred or imposed upon the Minister by or under this Act except the power to make regulations under section 22. (2) The MEC may, subject to such conditions as he or she may impose, delegate or assign to any officer in the relevant provincial department any power or duty confemed or imposed upon the MEC by or under this Act. io 15 Z() (3) The Minister or MEC is not divested of any power or exempted from any duty delegated or assigned m contemplated in subsection (1) or (2), and may amend or set 25 aside any decision taken in the exercise of a power or performance of a duty so deie.gated or assigned. Defects in form 24, A defect in the form of any document which in terms of any iaw is required to be executed in a particular manner, or in a document issued in telms of this Act, does not 30 render unlawful any administrative act performed in terms of this Act in respect of the matter to which such document relates, and does not constitute a ground for exception to any legal proceedings which may be taken in respect of such matter if the document complies substantially with the applicable iegal requirements. Repeal of laws, and savings 35 25. (1) Subject to subsection (2). the laws specified in Scheduie 2 are hereby amended or repealed to the extent indicated in the third coiumn of that Schedule. (2) A regulation made or deemed to have been made under section 24 of the Abattoir Hygiene Act, 1992 (Act No, ] 21 of 1992), and which was in force immediately prior to the commencement of this section must be regarded as having been made under this Act, 40 in so far as it could have been made under a corresponding provision of this Act. Short titie

26. This Act is calied the hfleat Safety Act, 2000. 30 N,-, 2 I 707 ACi No. 40, 2000 ———. . . . . ..— —. — — — — — - — - —— _ _ . — — -— (X3\ ’ERNhl EN”r GAZETTF ! N13k] Et*f BER 20(W _— - M EAT S,<l’F:T’I’ .4 CT. 2000 SCHEDIJLE 1 ANIMALS TO WHICH THIS ACT APPLIES (Section 1(2)1 DOMESTICATED ANIMALS Bovine animals (including the species bubalus bubalis and bison bison) Donkey Duck Farmed deer Fowl Goat Goose Guineafowl Horse Kangaroo Mule Ostrich and other related ratire species Partridge Pheasant Pig Pigeon Quail Rabbit Sheep Turkey WILD GAME Blesbuck (Damaliscus dorcas philipsi) Blue wildebeest (Connochaetes taurinus) Buffalo (Syncerus ca~er) Burchell’s zebra (Equus burchelli) Crocodile (Crocodylus nilolicus) Eland (Taurotragus oryx) Elephant (L.uxodonta africana) Gemsbuck (OVx gazela) Gray Rhebok (Pelea capreolus) Hippopotamus (Hippopotamus arnphibius) Impala (Aepyceros melarnpus) Kudu (Tragelaphus srepsiceros) Mountain Reedbuck (Redunca fulvorufula) Springbuck (Antidorcas marsupials) Zebra (Diplodu.s trfasciatus) ‘Act No. 40.2000 \lJ;AT S.4FkT}” /\ Cl’. 2(loo” SCHEI)L ,E 2 LAWS REPEALED )R AMENDED (Section 25) G}carof,aw — ACI NO. 1’21 of 1992 —— .—— ,\ct?J(). 1290f :993 r L. ‘--==ygene.c~~~ :;2;;:;:::::; L ——— General Law Third Amendment Ac[. 1993 section 23 Sections 77 and 78 —.A — . — - — .—