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Consolidated Acts of Samoa 2011 |
SAMOA
Arrangement of Provisions
PART I
PRELIMINARY
PART II
EXPORT SLAUGHTERHOUSES
PART III
GENERAL PROVISIONS AS TO EXPORT SLAUGHTERHOUSES
PART IV
EXPORT PACKING HOUSES AND CANNERIES
PART V
EXPORT OF MEAT
PART VI
INSPECTORS
PART VII
MISCELLANEOUS PROVISIONS
EXPORT OF MEAT ACT 1997
1997 No. 20
AN ACT to provide for the establishment of meat export facilities and controls relating thereto.
[Assent and commencement date : 30 December 1997]
BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows:-
PART I
PRELIMINARY
1. Short title - This Act may be cited as the Export of Meat Act 1997.
2. Interpretation -
“carcass” means the dressed body of any slaughtered stock, and includes any part that has been severed therefrom;
“Chief Executive Officer” means the Chief Executive Officer of the Ministry of Agriculture;
“edible offal” in relation to slaughtered stock includes the brain, the thymus gland, the pancreas gland, the liver, the spleen, the kidney, the heart, the lung and the stomach;
“export cannery” means a place that is under this Act licensed as a place where the canning of meat for export takes place and includes all appurtenances thereto;
“export packinghouse” means a place that is under this Act licensed as a place where the packaging of meat intended for export takes place and includes all appurtenances thereto;
“export slaughterhouse” means a place that is licensed under this Act as a place where stock are slaughtered for export and includes all appurtenances thereto and “slaughterhouse” has the same meaning;
“Inspector” means an Inspector appointed for the purposes of this Act;
“meat” means-
(a) the edible part of the muscle of any slaughtered stock which muscle is skeletal or found in the tongue or diaphragm with or without the accompanying and overlying fat and the portions of bone skin sinew nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing but does not include the muscle found in the lips, snout or ears; and
(b) any edible offal taken from slaughtered stock;
“Minister” means the Minister responsible for agriculture;
“packing house” means a packing house that is licensed under the Act for the packaging of meat intended for export and includes all appurtenances thereto;
“poultry” means domestic fowls, ducks, geese, turkeys and pheasants, and includes the carcass and every edible part of any slaughtered poultry, and also includes any bird which the Minister may by Regulations declare to be poultry for the purposes of this Act;
“stock” includes-
(a) cattle, sheep and horses;
(b) pigs and goats which have been herded; mustered or handled in the manner of farm animals; and
(c) any other animal which the Head of State may declare by Order to be stock within the meaning of this Act.
PART II
EXPORT SLAUGHTERHOUSES
3. Export slaughterhouses to be licensed-(1) No premises shall be used as an export slaughterhouse unless the premises are licensed as an export slaughterhouse by the Chief
Executive Officer under this Act.
(2) A person who contravenes subsection (1) of this section commits an offence against this Act.
4. Minimum requirements in respect of export of meat – No export slaughterhouse licence shall be granted or renewed unless the Chief Executive Officer is satisfied that not less than 25% of the meat derived from stock slaughtered in the slaughterhouse during the period for which the licence is granted or renewed is intended for export.
5. Premises proposed as export slaughterhouses-(1) Where a person proposes to erect any premises or to reconstruct or adapt any existing premises with the intention that they be
used as an export slaughterhouse he or she shall before the work is commenced submit to the Chief Executive Officer in a form approved
by the Chief Executive Officer the plans and specifications thereof for approval.
(2) The Chief Executive Officer may in the Chief Executive Officer’s discretion if the plans and specifications are approved
undertake to issues an export slaughterhouse licence if the premises are completed to the Chief Executive Officer’s satisfaction
and an export slaughterhouse licence is duly applied for within 12 months after the date of his undertaking or within such extended
time as the Chief Executive Officer may allow (but subject always to the provisions of section 7).
6. Application for licence-(1) Every application for an export slaughterhouse licence shall be on a form provided by the Chief Executive Officer for the purpose,
and shall be accompanied by an adequate plan and description of the premises, to which the application relates.
(2) Every such application shall also be accompanied by a fee to be prescribed by the Chief Executive Officer.
7. Grant and renewal of export slaughterhouse licence-(1) On receipt of an application for an export slaughterhouse licence in respect of any premises the Chief Executive Officer shall consider the application, and shall after such enquiry and investigations as the Chief Executive Officer thinks fit, issue a licence if satisfied-
(a) that the requirements of this Act in relation to the application have been complied with;
(b) that the situation of the premises is not objectionable and that satisfactory provision is made in respect of drainage and sanitation, and the disposal of refuse effluent and trade wastes; and
(c) that the premises have been completed to the Chief Executive Officer’s satisfaction.
(2) Every export slaughterhouse licence shall be on a form provided by the Chief Executive Officer for the purpose and shall unless
sooner cancelled or surrendered continue in force until the 30 day of June next after the date on which the licence takes effect.
(3) Every such licence may be renewed by the Chief Executive Officer on payment of the prescribed fee.
(4) Every renewal of an export slaughterhouse licence shall be for the period ending with the 31st day of March next after the date
on which the renewal takes effect.
(5) The issue or renewal of any licence under this section is subject to such terms, conditions and directions as the Chief Executive
Officer may impose.
8. Discretionary power of Chief Executive Officer in respect of export slaughterhouse licence-(1) Subject to section 5, the Chief Executive Officer may in the Chief Executive Officer’s discretion, issue, renew or transfer
any export slaughterhouse licence, or may decline to issue, renew or transfer any such licence.
(2) Without restricting the discretionary power conferred by subsection (1), the Chief Executive Officer may decline to issue, renew
or transfer any such licence if he or she is of the opinion on grounds that the Chief Executive Officer thinks sufficient-
(a) that the applicant is not a suitable person to be the holder of the licence;
(b) that the business of the export slaughterhouse has been carried on or is likely to be carried on, in a manner contrary to the public interest;
(c) that the licensee has been convicted of an offence against this Act in respect of the same or any other export slaughterhouse; or
(d) that the licensee has failed in respect of the same or any other slaughterhouse, to comply with any directions or conditions imposed
on him or her in accordance with this Act.
(3) Despite the foregoing provisions of this section the Chief Executive Officer shall not issue a new licence or renew or transfer
any existing licence to any non resident without the prior consent of the Minister and the provisions of section 22 with the necessary
modifications, shall apply to an application for the sale, lease or other disposition of an export slaughterhouse or export packinghouse.
(4) For the purposes of this section, the buying of stock to be slaughtered for export is taken to be part of the business of an export
slaughterhouse, and the buying of any such stock in a manner contrary to the public interest shall accordingly be a ground on which
the Chief Executive Officer may decline the issue, renewal or transfer of a licence in respect of an export slaughterhouse.
(5) In subsection (3) “non resident” means –
(a) a person not ordinarily resident in Samoa;
(b) a company or body corporate that is incorporated outside Samoa or any company within the meaning of the Companies Act that is for the purposes of that Act a subsidiary of any company or body corporate incorporated outside Samoa; or
(c) a company within the meaning of the Companies Act in which the shares are held by non residents if those shares in the aggregate carry the right to exercise or control the exercise of 25% or more of the voting power at any general meeting of the company.
9. Effect of export slaughterhouse licence – While a licence in respect of an export slaughterhouse is in force, it shall be lawful, subject to the provisions of this Act and to the terms and conditions of the licence, to slaughter stock in the slaughterhouse to which the licence relates, whether the meat derived from the stock is intended for consumption in Samoa or is intended for export.
10. Structural alterations to export slaughterhouse-(1) For the purposes of this section, the term “export slaughterhouse ”includes all freezing, cooling and storage chambers
used for the purposes of or in conjunction with an export slaughterhouse, whether or not any such chambers are erected on land appurtenant
to the slaughterhouse.
(2) No addition to or structural alteration of any export slaughterhouse or no alteration of its freezing power or no addition to
or alteration of its plant or fittings or equipment, whereby in the opinion of the Chief Executive Officer the hygienic conditions
of the slaughterhouse or the facilities for inspection therein maybe affected or the productive capacity thereof materially increased
shall be made except with the prior approval of the Chief Executive Officer.
(3) The licensee of any export slaughterhouse who contravenes any of the provisions of this section commits an offence.
PART III
GENERAL PROVISIONS AS TO EXPORT SLAUGHTERHOUSES
11. Sanitary conditions of export slaughterhouses-(1) It shall be the duty of the licensee of a slaughterhouse to maintain the slaughterhouse in a sanitary condition to the satisfaction
of the Inspector, and if the licensee fails at any time to do so he or she commits an offence against this Act.
(2) It is unlawful to slaughter or to process any poultry or any animals other than stock, in any part of a slaughterhouse normally
used for the slaughtering or processing of stock.
(3) Despite the provisions of subsection (2) except as otherwise provided by Regulations under this Act, it is lawful to store in
any part of a slaughterhouse any poultry or animals which are frozen.
12. Keeping of records-(1) The licensee of a slaughterhouse shall keep at the slaughterhouse a record book, in which shall be entered daily the following particulars relating to all stock slaughtered at the slaughterhouse during the day namely-
(a) the number species and sex of the stock;
(b) the name, occupation and address of the owner of the stock or if the licensee is the owner, of the person from whom the stock was purchased or obtained and the date of taking delivery; and
(c) such other particulars as may be prescribed.
(2) If the licensee of any slaughterhouse fails on any day to make in the record book any entry required to be made under this section,
or knowingly makes a false entry therein, he or she commits an offence.
(3) The record book shall at all times during working hours, be available for inspection by any Inspector or member of the Police.
13. Branding of carcasses-(1) Before the carcasses of any stock that has been slaughtered in a slaughterhouse is removed therefrom, it shall be branded in
the prescribed manner with a brand approved by the Chief Executive Officer in respect of the premises, and if any carcass is removed
in breach of this section, the licensee of the slaughterhouse commits an offence against this Act unless he or she proves to the
satisfaction of the Court that the carcass was removed without the licensee’s knowledge, consent or connivance.
(2) A person who without lawful excuse removes any carcass which has not been branded in accordance with this section from any slaughterhouse
commits an offence against this Act.
PART IV
EXPORT PACKING HOUSES AND CANNERIES
14. Export packing houses and canneries to be licensed-(1) Subject to the provisions of this section, no person shall use any premises for the packaging of meat for export, unless the
person is the holder of an export packing house licence issued under this Act in respect of those premises.
(2) Where the licensee of any export slaughterhouse carries on the packaging of meat for export in any part of the premises of the
export slaughterhouse, that part of those premises is taken to be an export packing house and in respect thereof the holder of the
export slaughterhouse licence is taken to be the holder of an export packing house licence.
(3) No person shall use any premises for the canning of meat for export unless the person is the holder of an export cannery licence
issued under this Act in respect of the premises.
(4) Where the licensee of an export slaughterhouse carries on the canning of meat in any part of the premises of the export slaughterhouse,
that part of those premises is taken to be a cannery and in respect thereof, the holder of the export slaughterhouse licence is taken
to be the holder of an export cannery licence.
(5) No person shall hold an export packing house licence or an export cannery licence unless the person is also the holder of an export
slaughterhouse licence under this Act.
15. Restriction on meat used in export packing house and export cannery – No person shall bring on to any premises licensed as an export packing house or as an export cannery or allow to remain on those premises, or pack or can on those premises any meat derived from stock slaughtered elsewhere, than at any export slaughterhouse.
16. Sanitary conditions of certain premises-(1) A licensee of a packing house or a cannery shall maintain the packing house or cannery in a sanitary condition to the satisfaction
of the Inspector.
(2) A licensee commits an offence against this Act who contravenes or fails to comply in any respect with the provisions of this section.
17. Conditions in respect to packing houses-(1) The Chief Executive Officer may during the currency of a packing house licence by notice given to the licensee fix with respect to any period or periods specified in the notice-
(a) the maximum in the packing house during any such period; and
(b) the maximum number of any specified kind or specified class of carcasses that may be processed in the packing house during any
such period.
(2) Any such notice may at any time in like manner be amended or revoked.
(3) No notice shall be given under subsection (1) unless the Chief Executive Officer is of the opinion that having regard to the capacity
and equipment of the packing house, it is necessary to limit the number of carcasses to be processed in order to ensure that the
hygienic conditions of the premises and the quality of the products are not detrimentally affected.
(4) The licensee of any packing house in which any carcasses are processed contrary to the terms of any notice under this section
commits an offence against this Act.
PART V
EXPORT OF MEAT
18. Conditions in respect of export of meat-(1) No meat shall be exported from Samoa unless –
(a) it is derived from stock slaughtered in a meat export slaughterhouse;
(b) it has been inspected by an Inspector and has been passed by him or her as free from disease or defect and as suitable for export and is branded in the prescribed manner;
(c) it has been properly preserved by freezing, chilling, salting, canning, drying, dehydrating or other approved method;
(d) it is properly packed in a packinghouse and is in good order and condition at the time it is placed on board ship or aircraft for export;
(e) it has at all times before export been kept or stored in premises approved by the Chief Executive Officer under section 19 as a meat export store; or
(f) any conditions imposed in respect of the entry of the meat into the country to which it is proposed to export it, or in respect
of its sale for human export it, or in respect of its sale for human consumption therein, have, so far as they can be complied with
in Samoa been complied with.
(2) If a person exports or does any act with intent to export any meat contrary to the provisions of this section he or she commits
an offence against this Act.
19. Meat export stores-(1) No person shall keep or store any meat intended for export in any premises unless the premises are approved in that behalf by
the Chief Executive Officer as a meat export store.
(2) All approvals under this section shall be granted, withheld, renewed or withdrawn in accordance with Regulations under this Act.
(3) All premises licensed under this Act as export slaughterhouses or export packing houses, shall for the purposes of this section
be deemed to be approved by the Chief Executive Officer as meat export stores.
(4) Any vehicle or other conveyance used in accordance with Regulations under this Act for the transport of meat intended for export
is deemed to be approved by the Chief Executive Officer under this section.
PART VI
INSPECTORS
20. Appointment and Qualification of Inspectors – The Chief Executive Officer shall appoint a sufficient number of persons to be Inspectors under this Act. No person shall be appointed as an Inspector under this Act unless he or she is registered as a Veterinary Surgeon in a country approved of by the Chief Executive Officer, or has passed the prescribed examination and has obtained a certificate from the prescribed authority, that he or she is competent to perform the duties of an Inspector.
21. General powers of Inspectors-(1) In addition to any other powers or functions that may be conferred on Inspectors by or under this Act, an Inspector shall for
the purposes of his or her duties have power to enter at any reasonable time on any premises registered licensed or approved under
this Act, and there inspect the premises or any stock or meat found therein.
(2) An Inspector shall in accordance with Regulations under this Act, have power to require the destruction or disposition of any
stock or meat which after inspection by the Inspector is in his or her opinion diseased defective or otherwise unfit for human consumption.
PART VII
MISCELLANEOUS PROVISIONS
22. Sale or disposition of export slaughterhouse or packing house-(1) No licensee of an export slaughterhouse or a packing house shall enter into any contract agreement or undertaking for the sale,
lease or other disposition of the slaughterhouse or packing house, unless the consent in writing of the Minister has first been obtained.
Every application for consent under this section shall be made to the Minister.
(2) Any consent given under this section may in the discretion of the Minister be given subject to such conditions not inconsistent
with this Act as the Minister may think fit.
(3) Where any sale, lease or other disposition is consented to under this section the licence in respect of the slaughterhouse or
packing house may subject to any conditions imposed under this section be transferred to the person to whom the sale lease or other
disposition is made on application in that behalf being made to the Minister by the licensee and on payment of the prescribed fee.
(4) No licence shall be transferred under subsection (3), unless the application for the transfer is duly made within 12 months after
the date on which the consent is given, or within such extended time as the Minister may allow.
(5) A licensee of an export slaughterhouse or packinghouse who enters into any transaction in contravention of the provisions of this
section, or who fails to comply with any conditions imposed under this section, commits an offence.
(6) Where any such transaction is entered into in contravention of this section or where any condition as aforesaid is not complied
with, the transaction is void and of no effect.
23. Acquisition of interest in export slaughterhouse-(1) It is deemed to be a condition of every licence issued in respect of an export slaughterhouse that the licensee or if the licensee
is a company any subsidiary of the licensee or any company of which the licensee is a subsidiary shall not after the commencement
of this Act acquire any estate or interest in any company which is the licensee of an export slaughterhouse without the consent of
the Minister.
(2) If any licensee or his or her subsidiary or any company of which the licensee is a subsidiary acquires any estate or interest
contrary to the provisions of this section, it shall be a ground on which the Minister may refuse to consent to the renewal of the
licence of that licensee.
(3) For the purposes of this section, the expression “estate or interest” includes ownership whether complete or partial
any mortgage or charge any share stock debenture or debenture stock and any right title or claim to any share stock debenture or
debenture stock.
(4) If any licensee or his or her subsidiary or any company of which the licensee is a subsidiary enters into any transaction for
the acquisition of any estate or interest contrary to the provisions of this section, the transaction is deemed to be unlawful and
has no effect.
24. Inspector may prohibit use of unsanitary premises-(1) If an Inspector is of the opinion that any premises are by reason of their unsanitary condition or for any other reason unsuitable
for the collection holding slaughtering storage or carriage of meat or stock for export or for the packaging or canning of meat for
export, he may by writing addressed to the occupier of the premises or to the person in charge or appearing to be in charge thereof,
order the removal therefrom of any stock or meat and may prohibit the use of any such premises for any of the aforesaid purposes,
either absolutely or until the defective condition has been remedied to his or her satisfaction. Any order or prohibition under
this subsection may be expressed to take effect as from a date to be specified therein by the Inspector.
(2) If a person fails to comply with any order given by an Inspector under this section he or she commits an offence against this
Act.
25. Obstruction of Officers – A person commits an offence against this Act who obstructs or in any way interferes with or fails to comply with the lawful requirements of any Inspector, member of the Police or other person in the performance of his or her duties or the exercise of his or her powers or functions under this Act, or who furnishes under this Act any particulars which to the person’s knowledge are false or misleading in any material respect.
26. Offences and penalties-(1) A person commits an Offence against this Act who –
(a) without reasonable excuse acts in contravention of or fails to comply in any respect with any provision of this Act or any notice direction restriction requirement or condition given made or imposed under this Act or any Regulations under it; or
(b) with intent to deceive makes any false or misleading statement or any material omission in any communication or application or
return for the purposes of this Act or of any Regulations under it.
(2) A person who commits an offence against this Act for which no other penalty is prescribed in this Act is liable on summary conviction-
(a) in the case of an individual to a fine not exceeding 20 penalty units and if the offence is a continuing one to a further fine not exceeding 2 penalty units for every day on which the offence has continued; and
(b) in the case of a body corporate to a fine not exceeding 40 penalty units and if the offence is a continuing one to a further fine
not exceeding 4 penalty units for every day on which the offence has continued.
(3) Where in any proceedings for an offence against this Act knowledge on the part of the Defendant is an essential element of the
offence with which he or she is charged that knowledge shall be presumed unless and until the contrary is proved.
27. Proceedings against licensees – Where proceedings for an offence against this Act are taken against the licensee of any slaughterhouse or packinghouse the following provisions shall apply –
(a) the Defendant is required to produce his or her licence at the commencement of the hearing;
(b) if the Defendant is convicted of an offence against this Act the convicting Court shall cause a record of the conviction to be endorsed on the licence; and
(c) if at any time not less than 3 convictions in respect of which the licensee was fined are endorsed on the licence the Court in addition to imposing any other penalty to which the licensee may be liable may cancel or suspend the licence either immediately or as from a date to be specified in the order of the Court.
28. Liability for a nuisance not affected – Nothing in this Act or in any licence granted under this Act shall be construed to authorise a person to commit a nuisance or shall affect the liability of a person in respect of a nuisance or the right or powers of a person to abate a nuisance.
29. Regulations – The Head of State may on the advice of Cabinet make Regulations as may in the Head of State’s opinion be necessary or expedient for giving full effect to this Act and for the due administration thereof and without limiting the generality thereof for any or all of the following purposes –
(a) providing for the conditions to be complied with before the grant of any licence or approval under this Act and the terms and conditions subject to which any such licence or approval shall beheld or may be renewed, transferred, surrendered or cancelled;
(b) providing for the Registration of marks, stamps, brands or labels used for the branding or marking of meat or any other products derived from slaughtered stock;
(c) providing for the inspection of slaughtering places, packing houses, stockyards and other premises subject to this Act of stock carcasses meat or meat products, and of conveyances used for the carriage of stock carcasses meat or meat products and prescribing the powers of Inspectors in respect of any such inspection;
(d) regulating or prohibiting the administration of drugs or harmful substances to stock before slaughter;
(e) regulating or prohibiting the acceptances at slaughterhouses of animals for slaughter which are diseased or defective;
(f) providing for inspection of ships or aircraft carrying or intended to carry carcasses or meat;
(g) providing for the certification of carcasses or meat intended for export;
(h) the provision of refrigerating space and appliances in premises in respect of which licences or approvals may be issued or given under this Act;
(i) regulating the construction, lighting, ventilation, air temperature cleansing, drainage water supply, maintenance and good management of slaughtering places, packing houses, stockyards, and other premises subject to this Act and the construction cleansing and maintenance of all fixtures appliances, instruments, utensils, and things connected or used therewith or connected with the management thereof and the hygiene requirements to be observed by or in relation to any persons working therein so far as concerns the clothing conduct and health of such person;
(j) regulating the conveyance of carcasses or of meat from place to place;
(k) regulating or controlling the application of chemicals or drugs to meat derived from stock slaughtered in slaughterhouses;
(l) providing for the storage and treatment of meat intended for human consumption and prohibiting the use of any injurious or detrimental or deceptive processes in respect of any such meat;
(m) prescribing the mode of dealing with diseased or defective stock;
(n) regulating methods for the slaughtering of stock and prohibiting methods of slaughter which are not humane;
(o) the matters in respect of which fees are payable under this Act the amount of the fees and the person liable for the payment thereof;
(p) prescribing returns to be made by licensees or other persons in charge of slaughtering places or by the holders of export licences and prescribing the persons to whom any such returns is made; and
(q) prescribing offences against regulations and prescribing penalties for such offences not exceeding in any case a fine of 20 penalty units in the case of an individual, and 40 penalty units in the case of a body corporate, and not exceeding for a continuing offence a further fine of 2 penalty units (in the case of an individual), or 4 penalty units (in a case of a body corporate), for every day on which the offence has continued.
REVISION NOTES 2008-2011
This Act has been revised under section 5 of the Revision and Publication of Laws Act 2008.
The following general revisions have been made:
(a) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.
(b) Amendments have been made to up-date references to offices, officers and statutes.
(c) Insertion of the commencement date
(d) References to the male gender made gender neutral
(e) Other minor editing has been done in accordance with the lawful powers of the Attorney General.
(i) “Every” and “any” changed to “a” or “each” where appropriate
(ii) “shall be” and “has been” changed to “is” and “shall be deemed” changed to “is taken”
(iii) “shall have” changed to “has”
(iv) “shall be guilty” changed to “commits”
(v) “notwithstanding” changed to “despite”
(vi) “pursuant to” changed to “under”
(vii) Numbers in words changed to figures
(viii) “hereby” and “from time to time” (or “at any time”) removed
(ix) Parts were inserted
There were no amendments made to this Act since the publication of the Consolidated and Revised Statutes of Samoa 2007.
This Act has been consolidated and revised in 2008, 2009, 2010 and 2011 by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is the official version of this Act as at 31 December 2011. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.
Aumua Ming Leung Wai
Attorney General of Samoa
Revised and consolidated in 2008 by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)
Revised in 2009, 2010 and 2011 by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).
The Export of Meat Act 1997 is administered by the Ministry of Agriculture and Fisheries.
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