Meat Industry Act Amendment Act 1969 (Qld)

91 CQ11EExtsiaxt ANNO OCTODECIMO ELIZABETHAE SECUNDAE REGINAE No. 18 of 1969 An Act to Amend The Meat Industry Act of 1965 in certain particulars [ASSENTED TO 17TH DECEMBER, 1969] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Meat Industry Act Amendment Act 1969. (2) The Meat Industry Act of 1965 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Meat Industry Act1965-1969. Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 3. Amendment of s. 4 . Section 4 of the Principal Act is amended by inserting after the words " PART IX-POULTRY (ss. 108- 110);" the words " PART IXA-REGULATION OF POULTRY PROCESSING ( SS. 110A -11 0F) ;".

92 Meat Industry Act Amendment Act 1969, No. 18 4. Amendment of s. 6 (1). Subsection (1) of section 6 of the Principal Act is amended by- (a) inserting after the term " Authority " the following term:- Base weight "-In relation to a dressed poultry carcass, the weight of the dressed poultry carcass determined immediately before it comes into contact with water in the course of processing;"; (b) inserting after the term " District Abattoir Board " or " District Board " the following terms:- " " Dressed poultry carcass "-Any poultry bled, eviscerated, with the head and feathers removed, and whether with or without the feet or neck or feet and neck removed. In relation to a sale referred to in sections 110D, 110E and 110F of this Act, the term includes any giblets or other parts of poultry included therein or therewith; " End weight "-In relation to a dressed poultry carcass the base weight of which has been determined, the weight of the dressed poultry carcass determined on the completion of the draining of the dressed poultry carcass in the course of processing;"; (c) inserting after the term " Flesh " the following term:- " " Giblets "-The gizzard, liver and heart of any poultry;"; (d) inserting after the term " Private abattoir " the following term:- " Prroocceessisnigng "-The acts done for the purpose of producing a dressed poultry carcass for sale commencing with the killing of poultry and ending with the removal of the dressed poultry carcass from the poultry slaughter-house;"; (e) inserting after the term " Stock " the following term:- " " Thaw out test "-A test of the type and conducted in the manner prescribed as and for a thaw out test;"; and (f) inserting after the term " Vehicle " the following term:- " WWeeigighht t gain "-In relation to a number of dressed poultry carcasses , the difference between the total base weight and the total end weight of those dressed poultry carcasses expressed as a percentage of their total base weight.". 5. New Part IXA. The Principal Act is amended by inserting after section 110 the following heading and section:- " PART IXA-REGULATION OF POULTRY PROCESSING 110A. Powers of inspectors . Without derogating from any other provision of this Act, an inspector may- (a) enter and remain upon any poultry slaughter-house and carry out any test or investigation in order to ascertain whether the provisions of this Part have been or are being complied with; (b) when carrying out any test or investigation, mark any dressed poultry carcass for the purpose of identifying it; (c) seize and retain any dressed poultry carcass which in his opinion it is necessary or expedient to seize and retain for the purpose of carrying out any test or investigation or enforcing the provisions of this Part; and

Meat Industry Act Amendment Act 1969, No. 18 93 (d) require any person or class of persons to comply with such reasonable directions given by him as will, in his opinion, ensure that the weight gain of dressed poultry carcasses occurring in consequence of processing will not exceed eight per centum. The requirement of an inspector pursuant to this paragraph shall be a decision of an inspector for the purposes of section 129 of this Act.". 6. New ss. 110B and 110C. The Principal Act is amended by inserting after section 11OA as inserted by this Act the following sections:- " 110B . Weight gain exceeding eight per centum . Where in a poultry slaughter-house an inspector, in a prescribed manner, tests a prescribed number of dressed poultry carcasses for weight gain and the weight gain of the dressed poultry carcasses so tested exceeds eight per centum, the licensee of the poultry slaughter- house shall be guilty of an offence. Penalty: Two thousand dollars. 110C. Suspension of licence . (1) Where a licensee of a poultry slaughter-house ii convicted of an offence under section 110E of this Act, the court may, in addition to any penalty imposed on the licensee, order that processing shall not be carried on in the poultry slaughter-house in respect of which the offence was committed for such period, not exceeding six months, as the court determines. (2) A court may vary or discharge an order made under subsection (1) of this section. (3) During the currency of any order referred to in subsection (1) of this section or during the currency of any such order as varied pursuant to subsection (2) of this section, for the purposes of this Act and of any proceedings under this Act, the poultry slaughter-house in respect of which the order is current shall be deemed not to be a licensed poultry slaughter-house.". 7. New ss. 110D , 110E and 110F. The Principal Act is amended by inserting after section 110c as inserted by this Act the following sections:- " 110D . When sale of dressed poultry carcass unlawful. (1) A person shall not sell for human consumption any dressed poultry carcass having or containing a percentage by weight of water or other fluid as ice or liquid in excess of eight per centum. (2) A person shall not be convicted of an offence under this section if it is shown that the dressed poultry carcass was purchased and was received for sale from a licensed poultry slaughter-house and that it was sold in the same state as when it was received. 110E . Sale of dressed poultry carcass to inspector . (1) Without derogating from any other provision of this Act, an inspector on payment or offer to any person selling any dressed poultry carcass, or to any person apparently acting as his agent or servant or apparently in charge of the dressed poultry carcass, of the current market value or the marked price thereof, may demand and select and take any such dressed poultry carcass for the purposes of this Act and the transaction shall be a sale of the dressed poultry carcass for the purposes of this Act.

94 Meat Industry Act Amendment Act 1969, No. 18 (2) A person shall not- (a) refuse or fail to sell or refuse to allow to be taken any dressed poultry carcass demanded in accordance with subsection (1) of this section; (b) retake or attempt to retake any dressed poultry carcass taken in accordance with subsection (1) of this section. 110F. Conducting of thaw out test . (1) Where any dressed poultry carcass is sold to an inspector, the inspector or an analyst may conduct, in respect thereof, a thaw out test or other test prescribed, in the manner prescribed, to determine the percentage by weight of water or other fluid as ice or liquid in the dressed poultry carcass. (2) In the case of the test being conducted by an analyst, the inspector shall deliver the dressed poultry carcass to the analyst either personally or in such other manner as may be prescribed. (3) The analyst on conducting the test shall give to the inspector a certificate of the result of the test and such certificate shall be in the form prescribed for this purpose and shall contain such particulars as may be prescribed.". 8. Amendment of s. 141 . Section 141 of the Principal Act is amended by- (a) in paragraph (b) inserting after the word " authorised " the words " or required "; (b) in paragraph ( c) inserting after the word " meat " the words " or dressed poultry carcass "; (c) inserting after paragraph (h) the follov, ing paragraphs:- 66; (i) a certificate purporting to be under the hand of the Chief Inspector stating that on a date or throughout a period specified therein a particular poultry slaughter-house was or was not a licensed poultry slaughter-house shall be prima facie evidence of the facts stated in the certificate and that the signature on the certificate is that of the Chief Inspector; (j) a certificate under the hand of an inspector stating that any test specified therein was carried out with the result specified therein shall be prima facie evidence of the facts stated in the certificate.". 9. Amendment of Fifth Schedule . The Fifth Schedule to the Principal Act is amended by inserting after clause 5 the following clause:- " 5A. Poultry processing and testing . (1) The information which shall appear on any package containing a dressed poultry carcass as to the presence or absence in or on the dressed poultry carcass of- (a) any giblets; or (b) any prescribed part of poultry. (2) The type, number, weight or kind of giblets or prescribed part of any poultry which may be included in a dressed poultry carcass and the method to be followed with respect to the packing of giblets or prescribed parts of any poultry.

Meat Industry Act Amendment Act 1969, No. 18 95 (3) (a) The method of processing. (b) Acts or things the doing of which as a part of processing is prohibited, and prohibited methods of dealing with poultry or dressed poultry carcasses during the stages or any stage of processing. (c) Circumstances , generally or in a particular case or class of case, in which any prohibitions as aforesaid will not apply or will apply only in part or within prescribed limits or subject to prescribed terms and conditions. (4) Tests for the purpose of determining weight gain and, without limit to this subject - matter, the number of dressed poultry carcasses to be tested, which number may vary according to time , place , rate of processing or other circumstance.".