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Slaughterhouses Rules 2003

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Enacted: 2003
Sections: 77

Front matterCover and publication detailsOpen

(No. 16 of 1962)

SLAUGHTERHOUSES RULES, 2003

Opening note

Preamble

In exercise of the powers conferred by section 68(o) of the Animals Ordinance 1962, the Yang di-Pertua Negeri has made the following rules: Citation and commencement.

Section 1

These Rules may be cited as the Slaughterhouses Rules 2003 and shall come into force on the date of its publication in the Gazette.

Interpretation.

Section 2

In these Rules, unless the context otherwise requires –

"appliance" includes any machinery, implement, apparatus, work tool, instrument, utensil, block, wrapper, keg, can, box, package, basket, vessel, container, receptacle or any other thing used or apparently used at or for any purpose of or connected with a slaughterhouse;

"carcase" includes any meat or offal pertaining to a carcase of a livestock;

"Director" means the Director of Veterinary Services and Animal Industry Sabah;

"Government slaughterhouse" means any slaughterhouse established, built and owned by the government;

"inspector" means a veterinary inspector appointed by the Director under the Meat

Inspection Rules 2003;

"livestock" means any cattle, buffalo, sheep, goat, pig, rabbit, poultry and such other animals or birds declared by the Director by notification in the Gazette to be a livestock within the meaning of these Rules;

"meat" means the edible part of a livestock used as food for human consumption, including bones, offal, skins, nerves and blood vessels that normally accompany the muscle tissues and are not separated from it in the process of dressing whether fresh, chilled, frozen, pickled, salted, smoked, dried, cooked, canned or other preparations;

"Minister" means the Minister charged with the responsibility for animal husbandry and veterinary services;

"poultry" means domestic fowls, chicks, ducks, geese, turkeys, guinea fowls, pigeons, ostrich and such other birds declared by the Director by notification in the Gazette to be a poultry within the meaning of these Rules;

"processing" means any activity that pertains to the preparation of meat or edible offal from a carcase and includes such work as dressing, cutting, cleaning, deboning, packing or any work as may be required of it in the slaughterhouse;

"slaughterhouse" means any place, kept or used for the slaughtering and or processing of any livestock for human consumption and includes any place appertaining or belonging to any slaughterhouse used for

(a)

keeping or drafting of livestock intended for slaughter thereat;

(b)

dealing with the carcases or any part thereof of livestock;

(c)

preparing or manufacturing tallow;

(d)

keeping or storing hides, skins or bones; or

(e)

boiling down or otherwise disposing of offal, but does not include a place where livestock is slaughtered by any person solely for human consumption by such person, members of his family, or his employees, provided that the carcase, meat or other product hereof is not sold;

"Veterinary Authority" means the Director or any officer or officers appointed in writing by him to be a Veterinary Authority under these Rules.

Government slaughterhouse.

Section 3

(1)

The Director may, by notification in the Gazette, provide places which may be used as Government slaughterhouses.

(2)

The requirement to obtain a license to use a place as slaughterhouse shall not apply to a Government slaughterhouse.

Licence.

Section 4

(1)

No place shall be used as a slaughterhouse except in accordance with a licence issued by the Director.

(2)

The Director may grant a licence to use a place as a slaughterhouse subject to such terms and conditions as he deems fit.

(3)

Every licence issued under these Rules shall –

(a)

expire on the 31st day of December of the year in which it is granted;

(b)

be valid only for the period, place or purpose specified therein;

(c)

not be transferable except with the written consent of the Director; and

(d)

require an annual fee of Ringgit Malaysia one hundred.

Application for licence.

Section 5

(1)

Any person who intends to operate a slaughterhouse shall submit an application for the issuance of a licence made in Form 1 as prescribed in the First Schedule.

(2)

Every such application shall be submitted to the Director together with the processing fee of Ringgit Malaysia fifty.

(3)

The slaughterhouse licence shall be in Form 2 as prescribed in the Second

Schedule.

(4)

The Director, in the processing of the application for a licence, shall consult the

Land and Surveys Department, Town and Regional Planning Department, the Environment

Conservation Department, the Local Authority, Water Resource Council and other relevant authorities with regards to zoning, land use, land condition, location and environmental issues.

(5)

In cases where an Environmental Impact Assessment is required under any written law or the Director decides that such assessment study is required prior to the issuance of a licence, the applicant shall obtain the necessary approval from the State environmental authority.

Approval of licence.

Section 6

(1)

An application for a licence may be approved by the Director when all the necessary requirements have been fulfilled by the applicant.

(2)

No licence shall be issued unless the Director is satisfied that:

(a)

the slaughterhouse is so located such that the building and surrounding area can be kept reasonably free of objectionable odour, smoke, dust or other contamination;

(b)

the slaughterhouse is of sufficient size for the purpose intended without crowding of equipment or personnel;

(c)

the slaughterhouse is so designed as to protect the slaughtering operations from inclement weather, dust and other sources of contamination;

(d)

the slaughterhouse is so designed and constructed to facilitate effective cleaning and disinfection;

(e)

the slaughterhouse is of sound construction and kept in good repair;

(f)

no portion of the slaughterhouse is being used as living quarters unless it is permanently and adequately separated by floor, walls and ceilings made of brick, concrete or similar material from the remainder of the slaughterhouse and there is no direct or indirect access from such living quarters to any other part of the slaughterhouse;

(g)

the dressing room, lavatory and toilet accommodation are adequate, fully equipped, functioning and sanitary with satisfactory lighting and ventilation, and shall be entirely apart from any room or compartment used for the storage and production of meat;

(h)

the floors, wall partitions, posts, doors, and other parts of all structures are of such material, construction and finish which make them impervious, non-absorbent and susceptible of being readily and thoroughly cleaned;

and the walls and partitions are of such a finish to a height of not less than eight feet from the floor;

(i)

the floors are free from cracks and crevices and slope sufficiently for liquids to be drained off to strapped outlets projected by a grill; and the angles at the wall to floor junctions are coved;

(j)

the drains are of an adequate size and sufficiently graded to prevent stagnation and are connected directly or indirectly to a sewer system where all drains and gutters are properly equipped with traps and vents;

(k)

the rooms and compartments used for edible products are separated and distinct from those used for inedible products;

(l)

the refrigeration facilities including freezer facilities where necessary, for the storage of meat and edible offal are available;

(m)

rails are provided so that any exposed product does not come in contact with floor, posts, walls, and other fixed parts of the building, or with barrels, boxes, and other containers trafficked through holding and oper-ating areas; and exposed products are not placed or stored beneath carcases in chillers or holding areas;

(n)

the slaughterhouse is adequately lighted and ventilated, and all equipments are of such materials and construction which facilitate thorough cleansing;

(o)

The water supply is ample, clean and potable; there are adequate facilities for its protection against contamination and pollution, and there are facilities for providing adequate supply of hot water having temperature at least 83°C for cleaning sterilizing purposes;

(p)

except in the case of heavy equipment such as scalding tanks, all implements, utensils and equipment used in the preparation of meat or edible offal are made of rust-resistant substance in so far as may be practicable;

(q)

trucks and receptacles used for inedible or condemned meat are of such materials and construction that can be readily and thoroughly cleaned and bear some conspicuous and distinctive mark to show that they are not to be used for meat or edible offal;

(r)

boning tables and work tables are of an acceptable design, and the tops are constructed with a material which is rust-resistant, impervious, non-absorbent and susceptible of being readily and thoroughly cleaned;

(s)

chopping blocks and deboning mats are made of material that is hard, rust-resistant, non-toxic, susceptible of being readily cleaned and disinfected, and does not transmit odour or taste and their surfaces are smooth, impervious and free from pits and crevices;

(t)

all yards and pens used in connection with a slaughterhouse are suitably constructed and equipped; pens, alley ways and runways are hard surfaced and have adequate hose connections and drainage facilities for clean up purposes;

(u)

facilities for separating healthy livestock from those showing symptoms of or suspected of being affected with disease are available;

(v)

tanks, fertilizer driers, and other equipment used in the preparation of inedible products are properly equipped with condensers and other appliances that will satisfactorily suppress odours incidental to such preparation, and prevent them from entering the edible section of the slaughterhouse;

(w)

separated rooms, compartments or spaces for the accommodation and isolation of products detained and are adequately lighted, provided with chilling and freezing facilities and are so constructed as to facilitate cleansing and disinfection;

(x)

inspectors engaged in post-mortem inspection duties are provided with adequate work space on the slaughtering floor;

(y)

where the Veterinary Authority deems necessary, the slaughterhouse shall have suitably furnished office space for the exclusive use of the inspector and his staff, with adequate ventilation and lighting and janitor service; such office space shall be conveniently located, shall be furnished with adjoining wash room facilities, and provided with lockers suitable for the protection and storage of the belongings and supplies used by the inspector.

Suspension and revocation of licence.

Section 7

(1)

The Director may at any time suspend or revoke a slaughterhouse licence by giving a written notification to the licensee.

(2)

Service of notice of such suspension or revocation of a licence shall be effected by –

(a)

affixing a copy thereof at the slaughterhouse, or

(b)

serving a copy thereof on the person who appears to have the care and management of the slaughterhouse, or

(c)

serving a copy thereof on the licensee himself in the case where the licensee and the person referred to in paragraph (b) is not the same person, or

(d)

any combination thereof.

Appeal.

Section 8

(1)

Where an application for a licence under the provisions of these Rules is refused upon any ground or where any licence is suspended or revoked, the applicant or the licensee respectively may appeal against such refusal, suspension or revocation to the Minister; such appeal is made in Form 3, as prescribed in the Third Schedule.

(2)

Any appeal made under these Rules shall be made within thirty (30) days of the decision by stating the grounds of appeal and every notice of appeal shall be accompanied with an appeal fee of Ringgit Malaysia fifty only.

(3)

The decision of the Minister under these Rules shall be final.

Alteration to slaughterhouse.

Section 9

The licensee of a slaughterhouse shall obtain the written approval from the Director before any alteration may be made to any licensed slaughterhouse.

Disposal of trimmings and discarded offal.

Section 10

The licensee of a slaughterhouse shall ensure that all trimmings, discarded offal, disposal of dead livestock, condemned carcases shall be collected into covered receptacles approved by the Director and the contents thereof shall be disposed of daily in such manner as may be approved by the Director.

Occurrence of pollution.

Section 11

(1)

The Director shall report to the State environmental authority any occurrence of environmental pollution caused by any slaughterhouse activities which shall include but not limited to the following:

(a)

direct discharge of waste into watercourses;

(b)

deterioration or leak in waste treatment and storage facilities;

(c)

failure to maintain adequate waste storage capacity;

(d)

disposal of waste where runoff enters watercourses; or

(e)

discharge that bypasses the waste treatment or storage facilities.

(2)

The Director may issue an order to the owner to carry out any necessary mitigation measures or to cease operation for any non-compliance to the terms and conditions of the licence or any of the provisions of these Rules.

Slaughter of livestock.

Section 12

(1)

No livestock intended to be used as public consumption shall be slaughtered at any place other than at a licensed slaughterhouse or at a Government slaughterhouse.

(2)

A slaughter fee payable by the owner of livestock slaughtered at a gazetted

Government slaughterhouse or a licensed slaughterhouse under these Rules shall be prescribed and declared by the Director by notification in the Gazette.

(3)

The licensee of a slaughterhouse shall ensure that no slaughter of any livestock is carried out unless an inspector assigned by the Director for this purpose is present;

wherever it is not applicable, the Director may impose such conditions as he deems fit.

Special permit.

Section 13

(1)

The Veterinary Authority may, upon the written application of any person, issue a special permit to the person to slaughter livestock for domestic, ceremonial or religious purpose elsewhere than at a licensed slaughterhouse or Government slaughterhouse; such special permit shall be in Form 4 as prescribed in the Fourth Schedule.

(2)

The Veterinary Authority may, upon written application of any person in-charge of a livestock where the livestock cannot be led, driven or transported to a licensed slaughterhouse or Government slaughterhouse, issue a special permit for the livestock to be

slaughtered elsewhere other than the licensed slaughterhouse or

Government slaughterhouse; such special permit shall be in Form 5 as prescribed in the Fifth Schedule.

Power of entry and investigation.

Section 14

To ascertain whether any offence against these Rules has been or is being committed, the Director or any authorised officer may at any time –

(a)

enter, inspect, examine and investigate any slaughterhouse, or any land, build-ing or premises in respect of which he has reasonable cause to suspect is being used for slaughter;

(b)

require the owner to render all necessary assistance or to furnish such informa-tion as may be required;

(c)

collect or remove any sample or evidence from the slaughterhouse; or

(d)

stop, detain, enter or examine any conveyance used for the transportation of any livestock, carcase or animal products.

Power of seizure and forfeiture.

Section 15

(1)

In any case where the Veterinary Authority has reasonable cause to believe that an offence has been committed under the provisions of these Rules, he may seize the livestock, carcase, meat or offal, in respect of which the offence is believed to have been committed and may remove and detain such livestock, carcase, meat or offal at any premise, enclosure or other places selected by the Veterinary Authority; all livestock, carcase, meat or offal seized under these Rules shall be liable to forfeiture.

(2)

A certificate signed by the Veterinary Authority to the effect that a livestock, carcase, meat or offal of which has been seized pursuant to the provisions of subsection (1)

shall be a conclusive evidence of that fact.

(3)

The Certificate shall be in Form 6 as prescribed in the Sixth Schedule.

(4)

Whenever any livestock, carcase, meat or offal has been seized and detained under the provisions of subrule (1), the Veterinary Authority shall report the same to a

Magistrate and the Magistrate may make such order for further detention, destruction, disposal or release of the livestock, carcase, meat or offal as he may think fit.

(5)

Notwithstanding any other provisions of these Rules, where a Magistrate is not immediately available and the carcase, meat or offal seized is subject to speedy and natural decay, the Veterinary Authority may destroy, sell or otherwise dispose of the thing seized as he may think fit.

Power of closure.

Section 16

The Veterinary Authority in exercising the power of entry and investigation under the provisions of these Rules may, without prejudice to the exercise of the power conferred upon him by these Rules, forthwith take such steps as he may consider necessary to close any slaughterhouse if he is satisfied that it contravenes any provision of these Rules.

FORM 1

FIRST SCHEDULE

[Rule 5(l)]

APPLICATION FOR A SLAUGHTERHOUSE LICENCE

PARTICULARS OF APPLICANT

Section 1

Name of applicant/ NRC:

Section 2

Name of company:

Section 3

Address:

Section 4

Telephone:

Section 5

Fax:

PARTICULARS OF SLAUGHTERHOUSE

Section 1

Address:

Section 2

Telephone:

Section 3

Fax:

Section 4

Total floor area:

Section 5

Total premise area:

Section 6

Waste disposal facilities:

Section 7

Safety facilities:

Section 8

Cleaning facilities:

(Drawings with specifications of premises to be used as slaughterhouse, showing the location of the buildings, equipments, rooms, water supply, plumbing, drainage, lights and other related items or facilities, to be attached).

PARTICULARS OF MANAGEMENT

Section 1

Types of livestock:

Section 2

Expected number of livestock to be slaughtered per day:

Section 3

Proposed slaughter fee per head:

Section 4

Number of employees:

Section 5

Other related particulars:

Signature of applicant:

Designation:

Date:

FORM 2

SECOND SCHEDULE

[Rule 5(3)]

SLAUGHTERHOUSE LICENCE

This is to certify that the slaughterhouse located at ……………………………………

………………………………………………………………………………………………..

(Address)

which is owned by .......................................................................................................

(Name of owner)

is hereby licensed under Rule 5, of the Slaughterhouses Rules 2003.

This licence expires on the 31st December .............………………………………………

(Year)

Other terms and conditions in addition to Rule 6 of the Slaughterhouses Rules 2003:

………………………………………………………………………

(Director of Veterinary Services and Animal Industry Sabah)

Date: .............................................................

Original copy

: Applicant

Second copy

: Slaughterhouse

Third copy

: Director

FORM 3

THIRD SCHEDULE

[Rule 8 (1)]

APPEAL

To:

The Minister,

Ministry of Agriculture and Food Industry Sabah.

I/we wish to appeal to the decision of the Director to reject/suspend/revoke my/our application/licence made/issued on the ..................... day of ...................................

concerning the following –

The reasons for the appeal are as follows –

Signature

:……………………………………………

Name

:……………………………………………

Identity card/passport number

:……………………………………………

Name of company/livestock farm

:……………………………………………

Address

:……………………………………………

……………………………………………

Telephone

:……………………………………………

Date

:……………………………………………

FORM 4

FOURTH SCHEDULE

[Rule 13 (1)]

PERMIT TO SLAUGHTER FOR SPECIAL PURPOSE

PARTICULARS OF APPLICANT

Section 1

Name /NRC:.......................................................................................……........

Section 2

Address: ..............................................................................................………...

Section 3

Telephone: ........................................

Section 4

Fax: .......................................

PARTICULARS OF LIVESTOCK

Section 1

Species:

Section 2

Breed:

Section 3

Number of livestock/Sex:

Male:

Female:

Section 4

identification/Mark/Tag number/Colour:

PURPOSE AND PREMISE

Section 1

Purpose of slaughter: Domestic/Ceremonial/Religious*

Section 2

Proposed premise/location: ..............................................................................

Section 3

Distance from the nearest Government or Licenced Slaughterhouse:

…………………………………………………………………………………………

Section 4

Ground(s) for application:

(1)

..............................................................................................................

(2)

..............................................................................................................

(3)

..............................................................................................................

…………………………………..

…………………………..

(Signature of applicant)

(Date)

VETERINARY AUTHORITY

Section 1

Approval is hereby GRANTED / NOT GRANTED*

Section 2

Remarks:...................................................................………...............................

…………………………………………

………………………

(Name/Signature/Official Stamp)

(Date)

* Delete if not applicable.

Original copy:

Applicant

Second copy :

Slaughterhouse

Third copy :

Director

FORM 5

FIFTH SCHEDULE

[Rule 13 (2)]

PERMIT TO SLAUGHTER OUTSIDE

LICENCED OR GOVERNMENT SLAUGHTERHOUSES

PARTICULARS OF LIVESTOCK

Section 1

Species:

Section 2

Breed:

Section 3

Number of livestock/Sex:

Male:

Female:

Section 4

Identification/Mark/Tag number/Colour*:

PARTICULARS OF OWNER

Section 1

Name/NRC:....................................................................................................

Section 2

Address:..........................................................................................................

Section 3

Telephone: .......................................

Section 4

Fax:.............................

JUSTIFICATION

Section 1

Purpose for slaughter: Sale / Domestic / Ceremonial / Religious*

Section 2

Proposed premise / location: ............................................................................

Section 3

Distance from the nearest Government Slaughterhouse or Licence Slaughter-house: ..................................…………………………………......

Section 4

Ground(s) for application:

(1)

.......................................................................................................….......

(2)

.......................................................................................................….......

(3)

.......................................................................................................….......

Signature: ...........................................

VETERINARY AUTHORITY

Section 5

Approval is hereby GRANTED/ NOT GRANTED*

Section 6

Remarks:...........................................................................................................

………………………………………

………………………

(Name/Signature/Official Stamp)

(Date)

* Delete if not applicable.

Original copy

: District Veterinary Officer

Second copy

: Owner l Agent

Third copy

: Enforcement Unit

FORM 6

SIXTH SCHEDULE

[Rule 15 (3)]

CERTIFICATE OF DISPOSAL

PARTICULAR OF LIVESTOCK, CARCASE, MEAT OR OFFAL

Section 1

Species:

Section 2

Breed:

Section 3

Number of livestock/Sex:

Male:

Female:

Section 4

Identification/Mark/Tag number/Colour*:

PARTICULARS OF OWNER

Section 1

Name/NRC: ...................................................................…..............................

Section 2

Address: ...........................................................................................................

Section 3

Telephone: .........................................

Section 4

Fax:.............................

PARTICULARS OF SEIZURE

Section 1

Date/Time:

Section 2

Address/Location:

Section 3

Offence(s) / Relevant rule(s):

Section 4

Carcase / Meat / Offal*:

Section 5

Remarks by Veterinary Authority:

…………………………………….

……………………………..

(Signature of owner /Agent)

(Name/Signature/Official stamp)

DIRECTOR OF VETERINARY SERVICES AND ANIMAL INDUSTRY

Section 1

Approval is hereby GRANTED / N0T GRANTED* to dispose the carcase l meat

/ offal by:

……………………………………………………………………………………….….

Section 2

Remarks:...............................................…………................................................

………………………………………..

…………………………..

(Name/Signature/Official Stamp)

(Date)

* Delete if not applicable.

Dated at Kota Kinabalu, this 2nd day of March, 2004.

By His Excellency's Command,

DATUK HJ. ABDUL RAHIM HJ. ISMAIL,

Minister of Agriculture and Food Industry

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