§ (1.) And medical officer or sanitary inspector or any veterinary surgeon approved for the purposes of this section by the local authority, may, at all reasonable times, enter any premises within the district of the local authority or search any cart or vehicle in order to inspect and examine, and may inspect and examine—
- (a) any animal, alive or dead, intended for the food of man, which is exposed for sale or deposited in any place, or is in course of transmission for the purpose of sale or of preparation for sale: and
- (b) any article, whether solid or liquid, intended for the food of man, and sold or exposed for sale or deposited in any place, or in course of transmission for the purpose of sale or of preparation for sale
Provided that in the case of any proceeding under this section with regard to a living animal the medical officer or sanitary inspector, unless he is himself a qualified veterinary surgeon, shall be accompanied by a veterinary surgeon approved as aforesaid.
The police force of each police area shall have power to search carts or vehicles and to assist generally in executing and enforcing this section.
(2.) If it appears to a sheriff, magistrate, or justice that any animal or article which has been seized, or is liable to be seized, under this section is diseased, or unsound or unfit for the food of man, he shall condemn the same and order it to be destroyed or so disposed of as to prevent it from being exposed for sale or used for the food of man; and the person to whom the Same belongs or did belong at the time of sale or exposure for sale, or deposit or transmission for the purpose of sale, or of preparation for sale, or in whose possession or on whose premises the same was found, shall be liable to a penalty not exceeding fifty pounds for every animal or article, or if the article consists of food, vegetables, corn, bread, or flour, for every parcel thereof so condemned, unless he proves that he and the person. acting on his behalf (if any) did not know and could not with reasonable care have known that it was such a condition, or where the proceedings are before a sheriff, at the discretion of the court, if it finds that he has knowingly and wilfully committed the offence he shall be liable, without the infliction of a penalty, to imprisonment for a term of not more than three months with or without hard labour, and also to pay all expenses caused by the seizure, detention, or disposal thereof.
Provided that if such person proves that the animal or part thereof condemned as aforesaid was, within a reasonable time prior to the seizure thereof, examined upon the premise where the animal was slaughtered and passed by a veterinary surgeon approved as aforesaid, called in for the purpose, and who shall have granted a certificate of passing as nearly as may be as in the next sub-section provided, or by a veterinary surgeon in terms of that sub-section, he shall be exempt from penalty or imprisonment under this section for such offence.
(3.) Each local authority may, if they think fit, appoint a place or places within its district, and fix a time or times at which a veterinary surgeon approved as aforesaid, shall attend for the purpose of examining any animal alive or dead which may these be submitted to him, and passing or condemning the same, and such veterinary surgeon shall, on receipt of a fee to be fixed by the local authority and paid by the owner, examine and pass or condemn in whole or in part any animal or carcass so submitted to him; and if he shall pass the 760 same he shall grant a certificate of passing which shall set forth the name of the owner, the date and hour of examination, and such particulars regarding the animal or carcass as the local authority may prescribe for the purpose of aiding in the subsequent identification of the same; and if he shall condemn the animal or carcass, or part thereof, the animal or carcass or part so condemned shall be retained and be forthwith destroyed by the local authority or so disposed of as to prevent it from being exposed for sale or used for the food of man, and the owner shall be entitled to the net price realised from the residual product of the carcass or part so condemned, if any, after deducting the expenses of condemnation and destruction. Provided that no carcass shall be submitted 60 examination, either under this or the immediately preceding sub-section, unless as a whole carcass, including the thoracic and abdominal viscera, in such manner that the examiner shall be readily able to satisfy himself that the organs are those of the carcass under inspection.
(4.) Where it is shown that any animal or article liable to be seized under this sction and found in the possession of any person was purchasd by him or consigned to him from another person for the food of man, and when so purchased or consigned was in such a condition as to be liable to be seized and condemned under this section, the person who so sold or consigned the same shall be liable to be brought to trial in the. district in which such animal or article was seized, and on conviction shall be liable to the penalty and imprisonment above mentioned unless he prove that at the time sold or consigned the said animal or article he and the person acting on his behalf, if any, did nit know and could not with reasonable care have known that it was in such a condition.
(5.) A copy of any certificate granted by a veterinary surgeon, under Sub-sections two or three of this section, shall forthwith be sent by him to the chief constable of the jurisdiction in which the examination of the animal or carcass took place, and the certificate itself shall be sent by the person selling the animal or carcass forthwith after the sale and not more than seven days from the date of the certificate, to the chief constable of the jurisdiction in which the sale of the animal or carcass took place, and if any veterinary surgeon or person shall contravene this enactment he shall be liable to a penalty not exceeding twenty pounds.
(6.) Where a person convicted of an offence under this section has been within twelve months previously convicted of an offence order this section, the sheriff, magistrate or justice, may, if he think fit and find that the offender knowingly and wilfully committed both such offences, order that a notice of the facts be affixed, in such form and manner and for such period not exceeding twenty-one days. as the sheriff, magistrate, or justice may order, to any premises occupied by that person, and that the person do pay the cost of such affixing, and if any person obstructs the affixing of such notice or removes, defaces, or conceals the notice while affixed during the said 761 period, he shall for each offence be liable to a penalty not exceeding five pounds.
(7.) If the occupier of a licensed slaughter house is convicted of an offence under this section, the sheriff, magistrate, or justice convicting him may cancel the licence for such slaughter house.
(8.) If any person obstructs a medical officer, sanitary inspector, or veterinary surgeon as aforesaid in the performance of his duty under this section, he shall, where the proceedings are before a sheriff, be liable to imprisonment for any term not exceeding one month in lien of any penalty authorised by this Act for such obstruction.
(9.) A. sheriff, magistrate, or justice may act in adjudicating on an offender under this section whether he has or has not acted in ordering the animal or article to be destroyed or disposed of.
§ He said that, in the discussions in Committee, hon. Members would remember that an Amendment was accepted which had been proposed by the hon. Member for Midlothian. Afterwards it was found that there were several objections to the precise form of the Amendment. Various interests were affected; local authorities were anxious that the provisons of the Bill should not be cluded in any way, and the butchers were anxious that trade should not be unduly hampered, while fanners were anxious that they should have, where they acted honestly, some way of protecting themselves against the possible injustice that the fault in sending diseased meat was not theirs. The various parties representing these bodies met, and they gave him an opportunity of considering their views by two Amendments standing in the name of the hon. Member for West Edinburgh and Midlothian. He had a conference with them and came to the conclusion that all parties might be satisfied if those two Amendments were practically put together. As that would, however, give a great deal of trouble, it was thought better to insert a new clause, which, while representing the greater part of Clause 43, embodied this arrangement. He had been given to understand that the clause as now framed was satisfactory to his hon. Friends.
§ Clause read the First time.
§ MR. JAMES BRYCE (Aberdeen, S.)called attention to the use of the word "food," and asked whether it was construed so as to exclude "condiments" that would be consumed. He pointed 762 out also that it was not always easy to get a veterinary surgeon, and that it might be well to insert "or other competent person" after "sanitary inspector."
§ *THE LORD ADVOCATEdid not think that there could be any doubt as to the use of the word "food." The second point raised had been discussed in Committee, and they came to a reasonable agreement as to the veterinary surgeon examining animals.
§ DR. FARQUHARSONsaid that this clause was a reasonable concession to agricultural opinion. The farmers were of opinion that the clause as originally drafted was too drastic. Occasionally there might be some delay in widespread districts and glens in Scotland in getting the services of a properly qualified veterinary surgeon.
§ MR. CALDWELLthought that the proposed examination was of a novel character, and he rather objected to it.
§ SIR C. CAMERONsaid that the Corporation of Glasgow had been opposed to a certain provison in the Bill, but he was informed that they now saw their way to accept the clause as it stood.
Clause rend a Second time.
§ MR. CALDWELLmoved an Amendment empowering the medical officer or inspector to search any cart or vehicle "or any barrow, basket, sack, bag, or parcel."
Amendment agreed to.
§ MR. CALDWELLmoved the omission from Sub-section (1) of the words: —
Provided that in the case of any proceeding under this section with regard to a living animal, the medical officer or sanitary inspector, unless he is himself a qualified veterinary surgeon, shall be accompanied by a veterinary surgeon approved as aforesaid.He said that in the preliminary stage of this business they were dealing with the arrest of a diseased animal. At this point they should not require the attendance of a veterinary surgeon, because in mutiny parts of the Highlands they could not procure the services or such a man, and the animal might be slaughtered before the veterinary surgeon arrived.
§ *THE LORD ADVOCATEsaid that the matter was fully discussed in the Committee, and the veterinary surgeons objected, as the Bill originally stood, that their duties were being given over to sanitary inspectors. This proviso was accepted as a compromise, and he hoped that the decision of the Committee would be upheld.
Amendment, by leave, withdrawn.
§ MR. CALDWELLmoved an Amendment empowering the police to search carts or vehicles, "or barrows, baskets, sacks, bags, or parcels."
Amendment agreed to.
§ MR. CALDWELLmoved an Amendment limiting the penalty under the Bill to £20 instead of "£50."
§ *THE LORD ADVOCATEthought that it would be better to maintain the penalty inserted in the Bill.
Amendment, by leave, withdrawn.
Amendments made:—
In Sub-section (3), after "authority," insert "or two or more local authorities in combination"; after "district" insert "or their districts" after "the local authority" insert "or authorities "; after "the local authority" insert "or authorities"; after "the local authority" insert "or authorities."—(Sir T. Gibson-Carmichael.)
In Sub-section (6), after "sheriff," insert,—
and where the sheriff is satisfied that the obstruction was with intent to prevent the discovery of an offence under this section, or has within twelve months previously been convicted of such obstruction.In Sub-section (9), after "animal," insert "or carcass."—(Mr. Caldwell.)
§ *THE LORD ADVOCATE, after Clause 187, moved to insert the following Clause,—