Wholesome Meat Order, 2011

BahagianlPart II] NEGARA BRUNEI DARUSSALAM TAMBAHAN KEPADA WARTA KERAJAAN BAHAGIAN II Disiarkan dengan Kebenaran SUPPLEMENT TO GOVERNMENT GAZETTE PART " Published by Authority HARI RABUIWEDNESDAY 16th. FBBRUARY, 2011 [Bil.INo.4 BRUN EI DARUSSALAM GOVERNMENT GAZETTE CONSTITUTION OF BRUNRI DARUSSAlAM (Order made under Article 8li3l1 WHOLESOME MEAT ORDER, 2011 In exercise of th e power conferred by Article 83(3) of the Constitution of Brunei Darussalam . His Majesty th e Sultan and Yang Di-Pertuan hereby makes the following Order PART I PRELL\IL'IARY Citation and long title. I. (11 Th is Order may be cited as the Wholesome Meat Order. 2011. 121 The long title of this Order is •An Order to regulat e the trea tment of anima ls for slaughte r and the processing, packing. inspection, import, d istribution, sa le, transhipment and export of meat a nd meat products and for matt ers connected therewi th or incidental th ereto". Interpeetanen. 2. III In this Order. unless the con text otherwise requ ires "animal" means any bird and mammal ; "autho rise d examiner" means a person appo inted as suc h under section 3(3) and includes an authorised officer ; "auth orised officer" means a pe rson appo int ed as such unde r section 3(2l; "cold store " means any chill er , freez er, cold room or other refrigerated facili ty used for the storage of meat and meat products and includes any refrigerated conveyance use d for the tra nsportation of meat and meat products in the course of any trade or bu siness; "con veyan ce' includes any aircraft, vessel, tra in . vehic le or an y other artificia l contrivance . whether mechanically propelled or othe rw ise , used or capa ble of being used as a means of transport on land , wa te r or air; "Directo r" mea ns the Director of Agricu lture and Agrifood ; 78 79 16th. FEBRUARY. 2011 "disea se" means any animal di sease and any other disease as is likely to infect human beings; "examination- includes laboratory analysis; "export " does not include the taking out of Brunei Darussalam of any goods in transit or an y goods which are being transhipped; "goode" means animals, meat and meat p rod ucts; "goods in tr ansit" means goods that are brought into Brunei Darussalam solely for the purpose of ta king th em out of Brunei Daru ssalam and that remain at all times in the conveyance that brought them into Brunei Darussalam; "label" means any written, printed , p ictorial or other descriptive matter that is to be applied or attached to or in cluded in , or that accompanies or is to accompany. any meat , meat prod uct or the package or receptacl e thereof; "licen see" means the holder of a licence granted under thi s Order; "meat" mea ns a carcass or any part thereof w hic h is derived from animals; "meat product" means any product or by-product of meat w hic h is intended for human cons umptio n ; "Minister" means the Minister of Industry and Pri ma ry Reso urces: "occupier- fa} in relation to any premises or conveyance, means the pe rson in occupa tion of the premises or conveyance or havi ng the charge, manage ment or control thereof; and (bJ in re lation to any part of any premises differen t parts of which are occupied by different persons, me ans the person in occupation or having the charge, manag ement or control of that part; "officer of customs" has the same meaning as in th e Cus toms Order, 2006 IS 39/06 ); fa} in relation to any premises or conveyance, means the person for th e time being receiv ing the ren t o f th e premises or conveyance whet her on his ow n account or as agent or truste e or as rece iver, or who w ould rec eive the same if the premises or conveyance were let or chartered; and BRUNEI DARUSSALAM GOVERN MENT GAZEITE Ib} in relation to any meal, meat product or any other item to which thi s Order applies, includes the pers on w ho is the cons ignor or consignee there of ; "permit holde r" mean s the holder of a pe rmit granted under this Order; "premi ses" inclu des houses, build ings , structu res, lands, ten em ents, easements and he reditaments of any te nure, whether open or enclosed, w he the r built or not, w hether public or priva te, and whether maintained or not under statutory authority ; "p rocess" includes cu tt ing a nd the use of any method of man ufactu re , preservation Of preparation ; "proce ssing establishment" mea ns any factory , p lan t or other premises w here meat and mea l products, as the case may be, are processed for distribution to wholesa lers or retailer s or for export; "receptacle", in relation to any meat and meat product . means any basket, carton , bag, box. packet or article w hich contains the mea t or meat prod uct and where any such receptacle is contained in anot her such recep tacle includes the latter receptacle; "sell" means to sell by way of retail or wholesale dealing and includes barter , or offering or attempting to sell, or receiving , exposing, sending or delivering for sa le , or causing or allow ing to be sold , offered or exposed for sale ; "slaughtering centre " means any slaughtering cen tre declared fit for p roviding halal meat according to Hukum Syara' under rules made under section 16 of the Hal aLMeat Act [Chapter 1831; "tr anship" mean s 10 bring any goods in to Bru nei Darussalam by land, sea or air from any place which is out side Brunei Darussalam and thereafter to remove those goods from the conveyance in which they we re brought into Brunei Darussalam and {al retu rn them 10 that sa me conveyance ; or (bl transfer them to another conveyance for the purpose of being taken out of Bru nei Darussalam. w hether those goods are to be transferred directly between conveyances or whe the r they ar e to be landed a nd stored in Brunei Darussalam after they w ere brought into Brunei Daru ssalam, pending their being taken ou t of Brunei Darussalam ; "ve hicle" mea ns any conveyance used to ca rry goods by land . 80 16th . FEBRUARY, 2011 IZI For th e purposes of this Order. a ny m eal or m ea t product shall be deem ed to be adulterated if fa) it doe s not comply w ith such standards as the Di rector may determine ; or; {b] it con tains any chemical , drug or other su bstan ce which renders th e meat or meat prod uct injurious to healt h or unfit for h uman co nsu mption . Administration of Order and appointment of authorised officers etc. 3. (It The Director shall be responsib le for th e ad m inis tratio n of th is Ord er, subject to a ny di rection s of th e Minister. (21 The Minister m ay, wit h th e approval of His Majesty the Su ltan and Yang Dt-Pertuen , appoint such number of authorised officers, subject to such conditions as may be specified by th e Minis ter, to ca rry into effect th e pr ovis ions of this Order or an y regulations made ther eunder. (31 The Mini st er may, w ith th e approval of His Majesty th e Sultan and Yang Di-Pertuen, appoin t such number of a uthorised examiners . subject to such co nditions as may be sp ecifi ed by the Minister, to carry out any in spect ion , exam ination and certi fica tion of any meat or meat product und er this Ord er or any regulations made thereunder. (4) The Director may delegate th e exercise of all or an y of the powers conferred or duties imposed upon him by this Ord er to any au thorised officer . 1St The Director a nd an y auth orised officer shall be deemed to be public servants w ithin the m eaning of th e Penal Code [Ch apter 22 ). ldentificatiop card to be produced. 4. (1) Every auth ori sed officer, when exerc ising any of h is powers or perform ing any of hi s duties under th is Order, shall declare his office and shall on d em and, produce to any person against w hom he is taking ac tion such identif ication card as the Director, th e Co mmissioner of Police or the Con troller of Customs may dire ct to be carried by an au thorised officer, police officer or officer of customs , as the case m ay be . 121 It shall not be an offence for any person to refu se to co mply w ith an y request, demand or order made or given by an authorised officer, police officer or officer of custom s, as the case may be , if such officer ref uses on demand being m ade by th at person 10 de clare h is office an d p rod uce his identification ca rd . 8 1 BRUNEI DARUSSALAM GOVERNMENT GAZETTE PART II IMPORT, EXPORT Al'I.'D TRANSHIPMENT OF MEAT Ac"ID MEAT PRODUCTS Prohibition of export or tran shipment of meat or meat products with out lkeece. 5. PI No perso n shall export or tra nsh ip a ny meat or meat prod uct , excep t under and in accordance with the conditions of , a licence granted by th e Director under thi s Part . (2) Any perso n who fa) exports DC tranships any meat or meat product w ithout a licence; (bJ faits to comply with any of the conditions of hi s licence, is guilty of an offence and liable on conviction to a fine not exceed ing S50,OOO, imprisonment for a term not exceeding 2 yea rs or both a nd , in the case of a second or subseque nt conviction, to a fine not exceeding $100 ,000 , imprisonment for a term not exceeding 3 years or bot h . Proh ibition of import, export or transhipm ent of meet or meat products without permit 6. PI Notwithstanding the provi sions of any other written law. no licensee shall import any mea t or meat product for sale, supply or distribution in Brunei Darussalam unless the meat or meat products constituting the consignment are packaged and labelled in th e prescribed manner . (21 No licensee shall export any meat or meat product to any other country, te rritory or place un less fa) th e licensee has obtained a pe rmit fro m the Director in respect of each cons ignme nt of meat or meat products to be exported by him and the export of each such consignment is ca rried out in accordance with the conditions of the pe rmit; fbI the whole consignmen t to be exp orted conforms to the description as con tained in the permit; (el the meal or meat products cons titu ting tbe cons ignment has been derived (rom animals w hich have bee n slaughtered in a slaugh tering cen tre or from meat or meat products w hich have been imported in accordance with the Halal Meat Act {Chapte r 1831: fd! the meat or meat products constituting the consign ment has been processed in a processing establishment licens ed under th e Misce llaneous Licences Act (Chapter 127); 82 16th. FEBRUARY, 2011 fe) in the case of a consignment which requires to be stored in a cold store, the cold store in which the consignment has been or is being stored is licensed under the Miscellaneous Licences Act [Chapter 1271; (f) the licensee provides the Director with satisfactory evidence that the whole consignment meets with the requirements of the country, territory or place to which it is being exported; and (g) the meat or meat products constituting the consignment are packaged and labelled in the prescribed manner. 131 No licensee shall tranship any meat or meat product in Brunei Darussalam unless the licensee has obtained a permit from the Director in respect of each consignment of meat or meat products to be transhipped by him and the transhipment is carried out in accordance with the conditions of the permit. 14) Any licensee who contravenes or fails to comply with subsections (1) or (2) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding one year or both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000, imprisonment for a term not exceeding 2 years or both. (5) Subject to subsection (6), in any proceedings for an offence against subsection {S}, it shall be a defence for the person charged to prove that fa) the commission of the offence was due to the act or default of another person or to some other cause beyond his control; and {b] he took all reasonable precautions and exercised all due diligence to avoid the commission of such offence by himself or by any person under his control. (6) If in any case the defence provided by subsection (5) involves the allegation that the commission of the offence was due to the act or default of another person , the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period of not more than 7 days before the hearing, he has served on the prosecutor a notice in writing giving such information as was then in his possession identifying or assisting in the identification of that other person. Application for licences and permits and renewal of licences. 7. (1) An application for a licence under section 5 or for a permit under section 6 shall be made to the Director in such form and manner as the Director may require and shall be accompanied by fa} the prescribed fee; 83 BRUN EI DARUSSALAM GOVERNMENT GAZETTE fbj such particulars, information, docu ments and other requirements as may be specified by the Director ; and Ie} if required by the Director, a statu tory declara tion by the applicant verifying any information contained in or relating to the applica tion. 12) On being sa tisfied w ith the applicatio n under subsection {I I, the Director may fa} grant th e licence or permit applied for, with or wit hout conditions; or (b} refuse to grant the licence or permit applied for . 131 Where the Director has refused to gra nt a licence or permit under subsection (21th!. he shall , if requested to do so by the applicant , state in writing the reasons for his refusal. 141 The conditions which th e Director may impose under subsection (2lfa) may include any condition which restricts or prohibits the export of any meat or meat product from Brunei Darussalam to any country. territory or place. (51 The Director may at any time vary or revoke any of the existing conditions imposed. under subsection (2J(al or impose new conditions. (61 Every Licence or permi t grante d unde r this sec tion (aJ shall be in such form as the Director may det ermine ; {b) sha ll be valid for the period stated the rein un less it is sooner suspe nded or revoked under section 8(1); and [c] in the case of a licence, may be renewed upon its expiry . I7l Subsections (1) to (6) shall apply, with the necessary modifica tions, to an application for the renewal of a licence . Suspension and revocation of licences and permits under Part II. 8. (t) The Director may suspend or revoke a licence or permit granted under section 7121(oJ if he is satisfi ed that faJ the grant of the licen ce or permit has bee n obta ined by fraud or misrepresentation; 84 16th . FEBRUA RY, 2011 (b) the licensee or pe rmit holder is con traven ing, ha s contravened. or has fai led to comply w ith Iii a ny provision of th is Orde r or any regulations made thereunder; (iiJ any cond ition of his licence or permit; or liii) any direction given to him by the Director or an au thorised. officer. under thi s Order or any regulation s made there under; 0< fe) it is in the public interes t to suspe nd or revoke the licence or permi t. 12l The Director shall . before suspe nding or revoking the licence or permit under subsection (1). give to the licensee or permit holder notice in w riting of h is inte ntion to do so and shall in such notice ca ll upon the lice nsee or pe rmit holder to show cause within such period of time as may be specified in th e notice w hy his licence or permit should not be suspended. or revoked . (31 If the licensee or permit holde r fa) fails to show ca use wi thin the peri od of tim e given to him to do so or suc h exte nded period of time as the Direc tor may a llow ; or fb) fails to show sufficien t ca use , the Director shall give notice in writing to the licen see or permit ho lder of the da te from which the suspension or revocation of his licence o r pe rmi t is to ta ke effec t. Appeals under Part II. 9. fll Any person who is aggrieved by fa) the imposition of any condition by th e Director upo n gra nting or renewing a licen ce or upon granting permit, under sec t ion 7(Z)faJ; fbJ the refusal of the Dir ector to grant or ren ew a licence or to grant a permit, under section 7(2)fbJ; or (c) the decision of the Director to suspend or revoke a lice nce or permit under section 8{11. 85 BRUNEI DARUSSALAM GOVE RNMENT GA ZETTE may, within 7 days of the date of receipt of the notice informing him of the imposition of such conditions, refusal , suspension or revocat ion , as the cas e may be, appeal in writing to the Minister whose decision shall be final. 121 Notwithstanding that any appeal under subsection (1) is pendlng c (aJ any cond itio n imposed by the Director upon gran ting o r ren ewing a licen ce or permit , under sectio n 712)(aJ; or (bl the suspension or revocation of a licence or permit under section 8111. shall take effec t from the date specified in the notice given by the Director in respect thereof, unless th e Minister otherwise orde rs. 13l Upon the suspens ion or revo cati on of a licence or permit . the licen see or permit holder shall surrender the licence or permit to the Director w ithi n the pe riod of time specified in the notice re ferred to in su bsect ion (I I. failing w hich the licensee or permit holder is guilty of an offe nce and liab le on co nviction to a fin e not exceeding $10,000, impriso nmen t for a te rm not exceeding one year or both . Inspection of meat and meat products upon import or prior to export. 10. f11 Any person who (a) ha s imported a ny meat or meat p rod uct; or (b) intends to export any meat or meat prod uct , shall forthw ith arrange, at his ow n expense, for the meat or meat product to be inspecte d , examined an d cert ified by an authorised examiner before it is sold , dist ributed or exported , as the case may be . (2) Wh ere any meat or meat product which has been inspected and examin ed under subsection P! is found by the aut horised examin er to be d isea sed, ad ulter ated or otherwise unfit for human consumption fa) the authorised examiner sha ll issue to the person w ho impo rted or who in tends to export the meat or meat p roduct a certificate stating his finding; and 86 16th. FEBRUARY, 2011 (bl the person who imported, or who inte nds to export, th e meat or meat product shall, at his ow n expe nse and within the time stated in the cert ificate . (i) in the case of an imported meat or mea t product , rem ove the meat or meat prod uct from Brunei Darussalam or destroy or dispose of the mea t or meat product in such manner as the Director may det ermine; [ii] in the case of any meat or meat product w hich is intended for export , destroy or otherwise d ispose of the meat or meat prod uct in such ma nne r as th e Director may determine. (3) where a person who has imported , or who intends to export, any meat or meat product fails to comply with sub sec tions (IJ or 12Ifb], he is guil ty of an offence and liabl e on convict ion to a fine not exceeding S10,000, imprisonment for a term not exceed ing one yea r or both. 14) Where a per son to w ho m subsection (2lfbl applies fails to comply with that subsection, an au thorised officer may take such steps as he thi nks fit to secure the removal , destruction or dispos al of the me at or meat product and the costs and expenses incurred by him shall be borne by that person. PARr III SLAUGHTERIKG CENTRES Slaughter of animals to be carried out at licensed slaughtering centres or premises permitted byDirector. 11 . 111 No person shall slaughte r any animal w hich is in tended for human consumpt ion or permit any suc h anima l to be slaughtered on any prem ises, unless ~ (a] those premises have been licensed by the Director as a slaughtering centre under this Order and, subje ct to the Hai al Meat Act (Chapter 183). the slaughter of the animal is carried out in accordance with the condition s of the licen ce ; (bl th e Director has gra nted a permit to such person allowing him to slaughter the animal on those premises for an y special reason and. subject to the Halal Meat Act [Chapter 183). the slaughter of the animal is carried out in accordance with the conditions of th e permit. 121 Any per son w ho con travenes or fails to comply wi th subsect ion (I) is guilty of an offence and liable on conviction to a fine not exceed ing S10,000, imprisonment for a term not exceed ing one year or both. 87 BRUNEI DARUSSALAM GOVERNMENT GAZETTE t31 For the pu rpose o f this section , the occupier of an y premises in w h ich any an imal is slaughte red in contra vention of su bsectio n PI shall be deemed to have slaughte red that animal, u ntil he proves that it was slaugh tered w ithout his knowledge or consent. Application for licences and permits and renewal of liceocf !>. 12. P l An application for a licence required u nde r sectio n Il p lfaJ or a perm it under secti on 1111 l(bJ shall be m ade to the Director in such form and m anner as the Di rector m ay require and shal l be accompanied by fa} the p rescribe d fee ; {bl such particu lars, information , documents an d other requirem en ts as may be specified by the Director ; and {eJ if required by the Director, a statutory declaration by the applicant ve rifying any informatio n contained in or rela ting to the app lication . 121 On being sa tis fied w ith the application under subsect ion (I I, the Director m ay {al grant the licence or pe rmit applied (or, w it h or w itho ut cond itions; (bl refuse to gran t the licence or permi t app lied for. (3j Where the Dir ector has refused to grant a licence or pe rmit un der subse ction [Zj(bl , th e Director shall , if requested to do so by the app licant, state in writing the reasons for his refusal. (4) In determining whether to grant or refuse to grant a licence required und er sec tion l1(l)(a), the Director shall have regard to (a) the financial standing of the app licant and his ab ilit y to operate and maintain a slaughterin g centre in accordance with such standards as the Director may de term ine; and [bl the suitability of the premises to be lice nsed for use as a slaughte ring centre. (51 For the p urpose of su bsec tion 141. the Director, be fore granting the lice nce app lied for, may (aJ require the applicant to produce to h im evidence of his financial s tand ing or to fu rnish a cash security deposit or a ba n k guarantee not exceeding suc h am ount as th e Director may dete rm ine; 88 16th. FEBRUARY, 2011 (b) in spect th e premises to be licensed or cause suc h prem ises to be inspected by an authorised officer; an d (e) require the applicant to mak e. at his own expe nse, such a lte ration or improvements to th e p rem ises to be lice nsed or 10 p rovide, fix or instal suc h faci lities th erein, as he m ay specify . 161 The Director may at any time vary or revoke any of the existing co nd itions imposed under subsect ion 12)(a}or impose new cond itions. (7) Every licence or permit gra n ted under this section (a) shan be in such form as the Di rector may determine ; (b) shan be valid for the pe riod stated therein un less it is sooner suspended or revoked under section 131 11; and (e) in the case of a lice nce. ma y be renewed upon its expiry. (81 Subsections (l) to 171 sha ll apply. w ith the necessary mod ificatio ns. to an applica tion for th e renewal of a licence. Suspere ion and revocation of licences and permits under Pari III. 13. II I The Director may suspend or revoke a licence or permit granted u nd er section 12(2J{a) if he is satis fied th at (a) th e gra n t of the licence or permi t has been ob ta ined by fraud or m isrepresentation ; (b} the license e or permit holder is con trave ning, has con travened or has failed to comply with Ii) any provision of this Orde r 0 ' any regulation, made thereu nder ; (ii) any condition of his licen ce or permit; or (iii) any direction given to him by th e Director or an authorised officer under this Order or any reg ulations made th ere under; or {e} it is in th e p u blic int ere st to suspend or revoke th e licence or perm it. 121 The Director sha ll. before suspend ing or revoking the licen ce or permit u nd er subsection P I, give to the licensee or permit holder notice in writ ing of his 89 BRUNEI DARUSSALAM GOVERNMENT GAZE'ITE intention to do so andshall in sucb notice call upon the licensee or permit holder to show ca use wi thin such period of time as ma y be specified in the not ice as to w hy his licence should not be suspended or revoked. 131 If the licensee or permit holder (a) fails to show cau se wi thin the period of time given to him to do so or such extend ed period of time as the Director may allow; or (bJ fails to show sufficient ca use , the Directo r shall give noti ce in writing to the licen see or permit holder of the date from which the suspension or revocation of his licence or permit is to take effec t. Appeals under Part III. 14. PI Any person who is aggrieved by (a) the imposition of any condition by the Director upon granting or renewing a licence or upon granting a pe rmit, under section 12[2l(a); {bl the re fus al of the Director to grant or renew a licence or to grant a permit , under section 12(2 ){b}; or tel the decision of the Director to suspend or revoke a licence or pe rmit under section 13(11. may, w ithin 7 days of the date of receip t of the not ice infonning h im of the imposition of suc h condit ions, refusa l, suspension or revocation, as the case may be, appeal in writi ng to the Mini ster w hose decision sha ll be final. (2) Notw ithsta ndin g th at any appeal u nder subsect ion (1) is pen ding (a) any co ndition imposed by the Director upon grantin g or renewing a licence or upon granti ng a pe rmit unde r secti on 1212)(a j; or (b) the sus pension o r revocation of a licence under section 13(11, shall take effec t fro m the date specified in the notice give n by the Director in respe ct the reof. un less the Minister otherwise orde rs . (3) Upon the suspens ion or revocation of a Licence or pe rmit , the lice nsee or permi t holder shall su rrender the licence to the Director w ith in the period o f ti me specified in th e notice referred to in subsection Il l, failing w hich the licensee or pe rm it hold er is guil ty of an offe nce and liable on conviction to a nne not excee din g $10,000, imprisonm en t for a term n ot exceeding one year or both. 90 16th . FEBRUARY, 2011 Aate-monem and post-mortem examination. 15. (II T he Directo r may, in w riting , d irect the owne r or occ upier of a lice nsed sla ughtering cent re to subject all or a ny of the an imals intended for slaugh ter a t th e s la ugh tering centre to an ante-mortem exa mi na tion before sla ugh ter and to a post-mortem examina tio n after sla ughter, by an au thorised exam iner. 121 The cost s of and incidental to a ny exam ination referred to in subsection II I shall be borne by the per son to whom th e di rection un der that subsection is give n . (31 Any person who fail s to comply with any direction under su bsectio n II I is gu ilty of an offe nce and liable on convict ion to a fine not excee ding $10,000. imprisonment for a term not exceeding one year or both . Owners and occupiers of licensed slaughtering centres to ensure that animals are fit for slaughter. 16. 11 1 It shall be the duty of the owner and occup ier of a lice nsed slau ghtering centre to ensure that (a) no animal w hich is diseased or w h ich is. for a ny other reason, unfit for human consum ption is slaugh tered at the s laughter ing cen tre; and (b) th e carcass of any animal which, upon be ing slaughtered at the slaugh tering cent re, is found to have any d isease or to be otherwise unfit for human consum ption is destroyed or di sposed of in such manner as the Director may d eterm ine . (21 The owner or occ upier of a licensed slaughtering ce ntre w ho fail s to com ply w ith any of his duti es under subse cti on III is guilty of an offe nce and liable on conviction to a fin e not exceeding S10,000, imprisonmen t for a term no t exceeding one year or both. (3) In any proceedings against the ow ner or occupier of a licensed slaug htering cent re for failing to comply with his d uty und er subsection (l)(aj, it sh all be a de fence for the person cha rged to p rove that (a) until the animal had be en slaugh tered , he did n ot know and cou ld not with reasonable diligence h ave ascerta ined tha t th e anim al was diseased or was otherwise unfit for human consumption ; and (bl he took all reasonable precautions and exercised all du e d iligence to av oid the comm iss ion of suc h offence by him self or by an y pe rso n und er his cont ro l. 9 1 BRUNEI DARUSSALAM GOVERNMENT GAZETTE Marking.. brandingor taggingof carcasses, 17. (I J Before th e ca rcass of any animal that has been slaugh tered in a licensed slaughtering centre is removed, it sha U be m arked , branded or tagged in th e prescribed man ner to denote that th at animal has been slau gh tered in compliance with section l1( l )fa). j2J Any person w ho {aJ removes, withou t law ful excuse , the carcass of any ani mal that has been slaugh tered in a licen sed slaugh tering cen tre before that carca ss is marked , branded or tagged in accordance with subsection [I] : {bJ marks, brands or tags th e ca rcas s or an y pa rt of the ca rcass of an an imal w hich was not slaughte red at a licensed slaughte ring centre w ith th e intention of ca using it to be believed tha t the animal wa s slaugh tere d at suc h a slaughtering centre; (eJ makes or ha s in his possession any dye , plat e or other instrument for the purpose of it being used or knowing or having reason to believe that it is intended to be used for th e p urpose of counterfeiting any mark , brand or ta g of a licensed slaught ering cent re ; or (d) sells o r exposes for sa le or has in h is possession for sale the carcass or part of the ca rca ss of any animal which was not sla ughtered at a licensed slaught ering cen tre, but which Iii be" , any mark, brand 0 ' tag which is intended to represent 'he ma rk, brand or tag of a licensed slaughtering cen tre ; or (iiI is so marked , branded or tagged as to cause it to be believed th at the animal was slaughtered in a licensed slaughtering centre , is guilty of an offence and liable on conviction to a fine not exceed ing S10,000, imp risonment for a term not exceeding one year or both . (31 Subject to su bsection 14), in any proceed ings for an offence against su bsection j2}(d), it shall be a defence for the person charged to prove that fa} the commission of the offence was d ue to the act or default of anoth er pe rson or to som e ot her cause beyond h is co n trol; and (b) he took all reasona ble precautions and exercised all due diligence 10 avoid th e commiss ion of such offence by h imself or by any person under h is control. 92 16th . FEBRUARY, 2011 (41 If in any case the defence provided by subsection (3) involves the allegation that the comm ission of the offence was d ue to the act or default of an oth er person, the per son charged sh all not , w itho ut leave of the cour t, be entitled to rely on that defence u nl ess, within a pe riod of no t more th an 7 days before the hearing, he has served on the pro secutor a notice in w riti ng giving such information as w as th en in his possession iden tifying or assisti ng in the identification of that other per son. Power to prohibit slaughter. 18. P I Where the Director or an authorised officer knows or ha s reason to believe th ai any an imal in tended for slaughter at a licensed slaughteri ng ce ntre is diseased or is, for any other reason , unfit for human cons umption, the Di rect or or authorised officer m ay by order in w riting fa) prohib it the owner or occ upier of the licensed slaughter ing centre from sla ugh tering that ani mal: a nd {b} require the owner or occupier of the licensed slaugh tering ce ntre to destroy or trea t such an imal in such manner as the Director or the autho rised offi ce r thinks fit , and the costs thereof and incidental the reto shall be borne by such owner or occ up ie r. (2) Any person w ho fails to comply w ith an or der under subsectio n {II is guilty of an offen ce an d lia ble on conviction to a fin e n ot exceedin g $10,000, imprisonment for a te rm not exceedi ng one year or both. Power 1o prohibit dressingof carcasses, 19. II I Where the Dir ector or an authorised officer know s or has reason to believe that the carcass of any anim al w hich has been slaughtered at a licensed slaugh te ring centre is diseased or is, for any ot he r reason , unfit fo r h uman cons u mp tion , the Director or authorised offi cer m ay by ord er in w riting fa} pro h ibit the ow ner or occupier of the licensed slau gh ter ing ce ntre fr om dressing that carcass; and fb} req uire the owner or occup ie r of the licensed slaughter ing centre to destroy or treat suc h ca rcass at his own expense in suc h manner as the Di rector or the authorised offic er th inks fit . III Any person w ho fai ls to comply wi th an order und er subsection III is guilty o f an offence a nd liable on co nviction to a fin e not exceeding S10,000, impri sonment for a term not exceeding one yea r or bot h. 93 BRUNEI DA RUSSALAM GOV ERNMENT GAZETT E PART IV EN FORCEMENT Power to dose slaughtering centres. 20. III Where th e Director or an authorised officer finds that th e condition in a licen sed slaug htering ce n tre has become dangerous to health or may hinder in any manner the suppression of disease or th at the licensed slaughtering centre has been or is bei ng kept in an unhygienic cond it ion, the Di rector or authorised office r may fa} give written directions req uir in g that the slaughteri ng ce ntre be dosed for such time 8.5 the Director may determine; or (bJ give directions for the immediate stoppage of any slaughtering or other w ork un til he is satisfied that th e owner or occupier of th e slaughtering centre has taken action to ren der th e slaugh tering centre in a clean and hygienic cond ition aga in. 121 The Director or authorised officer shall, as soo n as possible after he has given w ritten directives unde r subs ection il lfa), inform the owne r or occupier of the slaughtering cen tre in writi ng, of the reasons w hy the d irections we re given . (3) Any person w ho fail s to co mply with any direction under subsection PJ is gui lty of an offence and liable on conviction to a fin e not exceeding $10 ,000 , impr isonmen t for a term not exceeding one year or bo th . Po.....er to require production ordocuments etc, 21. III For the purpose of d ischarging hi s fu nc tions and d uties under this Order or any regulations m ad e thereunder, th e Director or an a uthorised officer may at any time req uire any per son fa) to produce to hi m for inspe ction or for the purpose of obtain ing copies or extrac ts of, or to prov ide him w ith cop ies or extracts of , any ­ docum ent th at he believes on reasonable grounds co ntains any information relevant to the administration or enforcem en t of th is Order or any regulations made the re under; or fb} to fu rnish any information as he may reasonabl y require. 12) The Director or an authorised offic er m ay rec ord any information furn ished by any pe rson under subsection ll l(b} as a sta tement which shall be adm issible as evidence in an y p roceedings in connection w ith any offence agains t th is Order or any regula tions m ad e thereunder . 94 16th. FEBRUARY. 2011 13J Any person who fails to comply w ith any requirement made by the Director or au thorised officer unde r suhsection II } is guilty of an offence and liab le on conviction to a fin e not exceedi ng S10,000, imprisonment for a te rm not exceeding one year or both . Powers of entry etc. 22, 111 In discharging h is funct ion s and duties under this Ord er or any regulations made thereunder, the Director or an authorised officer may without warrant fa) at all reasonable times enter and sea rc h any premises or stop , boa rd and search any conveya nce in w hich he believes on reasonable grounds that there is an item to w hich thi s Order applies ; (b) inspect any ite m found in any sucb premise s or conveyance; Ie) take. without payment. for the purpo.se of examinatio n reasonable sam ples of any mea t or meat product found in any such premises or co nveyance ; or (d) seize an d de tain any item found in any such premises or conveyance th at he believes on reasonable grounds is not in compliance with this Orde r or any regu latio ns made thereunder or is otherwise connected with the commission of an offen ce against thi s Order or any regulations made th ereunder . 121 For the purpose of subsection II lfa), the Director or an authorised office r may faJ require the owner or occupier of any premises or conveyance being inspected to pr ovide all reasonable assistance to hi m for the purpose of the inspection; and {b} if the circ ums tances so req uire, with such assista nce as he thin ks necessary, b reak open any door, w indow, lock, fas tener, hold , compart me nt, box, con tainer, rece ptacle or other thing. (3) Wher e the Director or an au thorised officer seizes any item under subsection P){d), he shall forthw ith give notice in w riting of the seizure to the ow ner of the item seized or to the agent of suc h owner . if the name and address of such owner or agen t thereof are known. (41 Any perso n aggrieved by the se izu re of any item under subsection (I Ud) may, within 48 hours after the seizure, complain thereof to a court and, upon hearing such complaint , the court may fa} confirm the seizure w holly or in part ; (b) d isallow the seizure w holly or in pa rt ; 95 BRUNEI DARUSSALAM GOVERNMENT GAZETIE Ie} order thai any item be restored to its ow ner, subject to any condition w hich the court may th ink fit to impose to ensure th at it is preserved for any purpose for w hich it may subsequently be required; or (dJ order payment to be made to th e ow ner of the item of such am ount as the cour t considers will compensate him for any loss or depreciation resulting from the seizure. 151 Any item seized under subsection ll lld) may be kept or stored in the pre mises or conveyance w here it was seized or ma y, at the di rection of the Director o r an author ised office r. be removed to any other place to be kept or stored. (6) The Director or an authorised officer may mark, sea l or label any item being detained under su bsection jl lfdl in such manne r as he thi nks fit for the purpose of ind icating that the item is under detent ion a nd may lock or seal th e premi ses or conveya nce in w hich the item is bei ng detained. 17} Any person who fails to comply w ith any requiremen t made by the Director or an authori sed officer under subsec tion (21{aJ is gu ilty of an offence and liable on conviction to a fine not exceed ing S10,000. im prisonment for a term not exceeding one yea r or both. 18) Any person who, withou t th e authority of the Director or an authorised officer {aJ interferes. ta mpe rs w ith . removes, d ist ributes, sells or othe rwise disposes of any item seized and detained un der subsection ll lfdJ or alte rs, counterfeits. defaces, destroys. erases or removes any ma rk. se al or label placed by the Director or an au thorised officer on su ch item und er subsection (6); or {bJ open s. brea ks or otherw ise tampers with th e lock or sea l placed by the Director or an au thorised officer on any premises or conveyance or pa rt thereof under sub section (61, is guilty of an off ence and liable on conviction to a fin e not exceed ing S10.000, impriso nment for a term not exceeding one yea r or both. Power 01 arrest. 23. III The Director, an authorised office r. police officer or officer of customs may arrest wi thout warra nt, any person com mitting or attempting to co mmit . or w hom he reasonabl y suspects of being engaged in committi ng or att empting to com mi t, any offence against th is Order or any regulations made thereunde r, if (aJ that per son refuses 10 furnish hi s name and addr ess or fu rn ish es an address outside Bru nei Darussalam; or 96 16th . FEBRUARY, 20 11 (bl there are reasonable grounds for believing that he has furnished a false name or address or that he is likely to abscond. 121 The Director, authorised officer , poli ce officer or officer of customs making an arrest w ithout warrant shall, subject to subsection 13), wit hout unnecessary de lay bring the person arres ted be fore a court. 13J No perso n who has been arrested by the Director , authorised officer, police officer or officer of customs shall be released , except on his own bond, on bail or on an order of the court or of the Director. Power to require destruction , treatment or disposal of meat and meat products found to be diseased or unfit for human consumption. 24. (1J Where th e result of the examination of any sample taken from any meat or meat prod uct under section 22 (1)(c) reveals that the meat or m eat product is diseased, adulterated or unfit for human consumption, the Director or an authorised officer may di rect th e ow ner of the meat or meat prod uct or the agent of such ow ne r to destroy or treat or otherw ise dispose of the meat or mea t product in such manner as he thinks fit , and the costs th ereof a nd incidental thereto shall be borne by such owner or agen t thereof. (21 If a person to w ho m any di rec tion under subsection (11 is given fails to comply wi th the direction fa) he is guilty of an offence and liable on conviction to a fine not exceeding $10,000 , imprisonment for a term not exceeding one year or bo th; and (bJ an authorised offi ce r may take such steps as he th inks fit to secure the destruction, treatment or di sposal of the meat or meat product to w hich th e direction re lates and the costs and expenses incurred by him shall be borne by that person. PART V OFFENCES Sale of meat or meat products. 25. II) No person shall sell or supply, or have in his possession for the purpose of se llin g or supplying, or ad vertise the sa le or supply of, any meat or meat product fa} w hich has been import ed in con travention of the Halal Meat Act (Chapter 1831; 97 BRUNEI DARUSSALAM GOVERNMENT GAZETTE (b) which has not been inspected, examined and certified by an authorised examiner as required under section 10(1); Ie} which has been derived from any animal that has been slaughtered in Brunei Darussalam in contravention of sections 11, 16 or 18 or the Helal Meat Act (Chapter 183); (d) which has been (il processed in a processing establishment: or (ii) kept for any period of time in a cold store, that has not been licensed under the Miscellaneous Licences Act (Chapter 127); [e] which has not been marked, branded or tagged in accordance with section 17(ll; (f) which has not been labelled in the prescribed manner or which has been labelled with any information that is false, inaccurate or misleading; {gj which has been obtained from a wholesale market that has not been licensed under the Miscellaneous Licences Act (Chapter 127); or {hI which is diseased, adulterated, unfit for human consumption or otherwise in contravention of any of the other provisions of this Order or any regulations made thereunder. (2) Any person who contravenes or fails to comply with subsection [I] is guilty of an offence and liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 2 years or both and, in the case of a second or subsequent conviction, to a fine not exceeding $100,000, imprisonment for a term not exceeding 3 years or both. (3} Subject to subsection {4}, in any proceedings for an offence against subsection (2), it shall be a defence for the person charged to prove that faJ the commission of the offence was due to the act or default of another person or to some other cause beyond his control; and {bJ he took all reasonable precautions and exercised all due diligence to avoid the commission of such offence by himself or by any person under his control. (4l If in any case the defence provided by subsection (3l involves the allegation that the commission of the offence was due to the act or default of 98 16th. FEBRUARY, 2011 another pe rso n, the pe rso n charged shall not, without leave of the court , be entitled to rely on that defence unless, within a period of not more than 7 days before the hearing , he has served on the prosecutor a notice in w riting giving such information as was then in his possession identifying or assisting in the ide nt ification of that other person. 151 For the purpose of this section, where any mea! and meat product Is found on any premises used by any pe rson for the sale of meat and meat products or for the storage of meat and me at products intended for sale, it shall be deemed to be in the possession of tha t person for sale until the contrary is proved. Obslructinl officers in execution of du ties. 26. Any pe rson who obstructs, hinders or impedes the Director, an au thorised officer, authorised examiner, police officer, officer of customs or any oth er person acting under th e direc tion of the Director, in the performance or execution of his duty or anything which he Is authorised. empowered or required to do under this Order or any regulations made thereunder is guilty of an offence and liable on conviction to a fine not exceeding $10 ,000, imprisonment for a term not exceeding one year or both . Ahering lkeece, permit or certi ficate. 27. Any pe rson who fa) with out lawful authority alters, forges, mutilates or defaces any licence or pe rm it granted or certificate issued, under th is Older or any regulations made thereunder; or fbI know ingly makes use of any licence, permit or certificate wh ich has been so altered . forged, mu tila ted or defaced. is guilty of an offence and liable on conviction to a fine not exceeding $10,000. imprisonment for a term not exceeding one year or both. Falsedeclaration. 28. Any pe rson who, being required under tbis Order or an y regulations made thereunder. to make or furnish an y declaration, statement , representation or information or to produce an y licence, pe rmit or cert ificate or who, for the purpose of obtaining any licence, pennit or certificat e under this Order (a} makes or furnishes any declaration , sta tement, representation or in formation which is false in a material particular; or fb) produces any licence , pe rmit or certificate which he know s or has reason to bel ieve is false in any material particular, or has not been granted 99 BRU NEI DARUSSALAM GOVERNMENT G AZETTE by the person by whom it purports to have been granted, or has been in any way altered or tampered with. is guilty of an offence and liable on conviction to a fin e not exceeding $10,000. imprisonment for a term not exceeding on e yea r or both. Offences committed by partnerships, bodies corporate and agents and servants. 29. (I) Where a partnership is guilty of a n offence again st thi s Order or any regulations made thereunder, every partner, other than a partner who is proved to have been ignora nt of or to have attempted to prevent the commission of the offence. is also guilty of the offence and liable 10 be proceeded against and punished accor dingly. 12l Where an offence against thi s Order or any regulations made thereunder has been commi tted by a body corpora te is proved to have been committed w ith the consent or connivance of, or to be attributable to any neglect on the pa rt of, a director, manager, sec retary or other similar officer of that bod y, or of a person purporting to act in any such capacity, he, as w ell as the bod y cor porate, is also guil ty of the o ffence and liable to be proceeded against and punished accordingly. 131 In relation to a body corporate whose affairs are managed by its members , "director" in su bsection 121means any me mber of that body corporat e. (41 Wh e re an offence aga inst thi s Order or a ny regulations made thereunder is committe d by any person acting as an agent or servan t of another person, or being otherwise subject to the superv ision or in st ruction of another person for the purposes of any e mployment in the course of w hich the offen ce was committed, that othe r person, without prej udice to the liability of the first ­ ment ioned person, is liable under th is Order or an y regulations made thereunder in the same manner and to the sa me ex tent as if he had personally committed the offence if it Js proved that th e act which cons tit u ted the offence was comm itted w ith his consent or connivanc e or that it was attributable to any neglec t on his part . PART VI GENERAL Forfeiture. 30. II I The court before w hic h any person is tri ed for an offence agains t this Order or any regulations made thereunder may make an order for the for feiture of any item w hich has been seized under the provisions of this Order if fa) the court is satisfied that 100 16th. FEBRUARY, 2011 iil an offence against thi s Order or any regula tions ma de the reunder has been comm itted ; and liil th e item seized was the subject-ma tter or was used in the com mission , of the o ffe nce; and (bJ having regard to the circumstances of th e case, the court thi nks it fit to order the forfeit ure of th e item . (2j Where no party rai ses th e question of forfeiture under subsection [I], the court shall consider the question on its own motion. {31 The court may make an order under subsectio n (11 for the forfeiture of any item which has been seized under the provisio ns of thi s Order notwithstanding that no pers on may have be en convicted of an offence . (4J If the court , having regard to the circumstances of the case, does not think it fit to order the forfeiture of a ny item w hich has been seized under the provisions of th is Order, the court sha ll order that the item be relea sed to the ow ner thereof or to the person en tit led thereto. 15) In the absence of any prosecution with regard to any item which has been seized under the provisions of thi s Order, the Directo r shall give to the person from whom the item w as seized or to th e ow ner of the item, notice in writing that th e item shall , on the expira tion of 7 da ys of the date specified in the notice , be deemed to be forfeited unless a claim there to is made before then in accordance w ith subsection j61 . (6) A person asse rting (aJ that he is the ow ne r of, or thai he is en ti tled 10, any item w hic h has been seized under Ihe provisions of this Order; and (bJ that the item is not liable to forfeiture, may, personally or by his agent author ised in wri ting, give written notice to the Directo r that he claims the item. (7) On rece ip t of a notice under subsection 161, the Director may d irect that the item be released to the person w ho has given the notice or may refer the matter to a court for dec ision. IS} Where no claim is received on the exp iration of the 7 days as referred to in subsection 15) , the item to which the notice relates shall be deemed to be forfeit ed . 101 BRUNEI DARUSSALAM GOVERNMENT GAZETIE 19) Where the owner of any item seized under the provisions of this Order co nsents to its dispo sal, the item sh all thereupon be de em ed to be forfei ted . t10) Any item forfeited or deemed to be forfeited under this section shall be delivered to an au thorised officer and shal l be disposed of in such manner as the Director thin ks fit. Form and authentkatlon of notices etc. 31. (1) AU notices , orders and other document s which the Director is empowered to give by thi s Order or any regulations made thereund er may be in such form as the Director may dete rmine and may be given by an authorised officer. 12) Where any such notice , order or other document requires au thentica tion fa) the signatur e of the Director or an authorised officer ; or (b) an officia l fac simi le of such signa tu re , appe nd ed the reto shall be sufficie nt authenti cation. Inaccuracies in notices etc. 32. (1) No misn omer or inaccurate description of any person, premises, pl ac e or conveyance named or described in an y n otice, ord er or ot he r document prepared, issued or served under or for the purposes of this O rd er or a ny regu lations m ad e ther eunder shall in any way affect the operation of this Order or any suc h regu lations as resp ect s tha t person. premises, p lace or conve yance if that person, p remises. place or conveyance is so d esignated in that notice, order or other document as to be identifiable. (2) No proceedings taken under or by virtue of this Ord er or any regulations made thereunder sha ll be inva lid for want of form . Service of notices etc. 33. ILl Any notice , ord er or other document req uired or aut horised. by this Order or any regu lations mad e thereun de r to be served on any person a nd any su mm ons issued by a court against any person in connection with any offe nce agains t this Order or any regulations made thereunder m ay be served on that person fa} by del ivering it personall y to him or to a n adult member or employee of his family or household , at his usual or last known place of residence ; 102 16th. FEBRUARY, 2011 {b] by leaving it at his usual or last known place of residence or place of business; fe} by sending it by registered post addressed to him at his usual or last known place of residence or place of business; or fd} in the case of a body corporate or an unincorporated body of persons [i] by delivering it to the secretary or other like officer thereof at its registered office or principal place of business; or {iil by sending it by registered post addressed thereto at its registered office or principal place of business. {2} Any notice, order, other document or summons sent by registered post to any person in accordance with subsection (1) shall be deemed to be served on him at the time at which it would be delivered in the ordinary course of post and , in proving service of the notice, order, other document or summons, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post. (3) Any notice, order or other document required or authorised by this Order or any regulations made thereunder to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence against this Order or any regulations made thereunder may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing it to some conspicuous part of the premises. (4) Any notice, order or other document required or authorised by this Order or any regulations made thereunder to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence against this Order or any regulations made thereunder shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description. Limitation of liability. 34. No action shall be brought against the Director, any authorised officer, authorised examiner, police officer, officer of customs or any other person acting under the direction of the Director in respect of anything done or omitted to be done by him in good faith in the exercise, performance or purported exercise or performance, of any powers or duties under this Order or any regulations made thereunder. 103 BRU NE I DARUSSALAM GOVERN MENT GAZETTE 35. (I l Subject to subsection 13 ) {a} a document O J" ce rtificate purport ing to be a report under the ha nd of the Director or an au thorised officer upon an y matter or thing in connec tion with the ad min istration or enforcemen t of this Order or w ith a ny investigation carried out under this Order shall be adm issible as evidence in any proceedings under this Orde r an d sh all be prima facie evidence of the facts sta ted therein ; a nd (b) a cer tificate of an authorised exa miner s ta ting that he ha s analysed or examined any meat or meat product and stating the result of his ana lysis or exam ination shall be ad missible in evid enc e in any pro ceedin gs for an offe nce aga inst this O rd er as prima facie evidence of the facts s ta ted therein and of the co rrectness of the result of the an alysis or exam ination . [2l For the purposes of this section , a document purporting 10 be a certificate referred to in subsect ion ll ) on its p ro duction by the prosecution shall , unl ess the contrary is proved, be deemed to be suc h a cert ifica te . (31 A ce rt ificate referred to in subsec tion (11 shall n ot be received in ev idence in pursua nce of that su bsection unless the person charge d has been give n fa) a copy of the certifica te; and {b} notice of th e in tention of the prosecution 10 produce it as ev idence in the proceedings, not less than 10 da ys before the comm encemen t of the pro ceedings. (4) Where a certificate of th e Director or an a uthorised officer is admi tted in evidence under subsection {I] , the person ch arged may require the Dir ector or tha t authorised officer to be called as a w itness for the prosecu tion an d to be cross-examined as if be had given evidence of the matters sta ted in the cer tificate. Cempcsttlon of effeeces, 36. (11 The Director or any person authorised by th e Di rector in w riting in that behalf may com pound any offence against this Order or any regulation s made thereunder which is prescr ibed as a compoun dable offen ce by collecting from the pe rson reasonably suspected of having committed the offence a sum of money not exce eding $1,000. (21 On pa yment of suc h sum of mon ey . no fu rther p roceed ings shal l be taken agains t su ch person in respect of the offence . 104 16th. FEBRUARY. 2011 Exemption. 37. The Director may either permanently or for such pe riod as he may thi nk fit , exempt an y pe rson or pre mises or any class of persons or premises from any of the provision s of th is Order or of any regulat ion s made thereunder. Regulations, 38. (I) The Minis ter may, w ith the approva l of His Majesty the Sultan and Yang Di-Pertuan . make regulatio ns which are necessary or expe dien t for giving effect to and carry ing out the provisions of this Order, incl uding the prescription of any thing requi red to be prescribed under this Order, an d for the due adminis tra tion thereof. {21 With out p rejudice to the genera lity of subsecti on PI. the Minister may ma ke regulations fa! prescribing the particular s, informatio n and document s to be furnished with any applicati on made under th is Order ; fbJ prescribing the forms to be used for any purpose un der th is Orde r; fe} prescribi ng the fees to be charged for th e purposes of this Order; {d} provid ing for Iii the inspe ction of premises subject 10 this Order and of conveyances used for the carriage of animals, meat and meat products ; an d ~ ii' the inspection , exami nati on and certification of animals, meat a nd meat p roducts; (e) providing for the authorisat ion of an a uthorised examine r. the conditions to be complied with by an authorise d examiner an d the withdrawal of any such authori sation ; tn prescribing the powers and function s of au tho rised officers and authorised examiners; (gJ prov iding for the ce rtification of meat and meat products inte nded for export and the cond itions under w hich such ce rti fication ma y be withd rawn; (h) regulating or p roh ibitin g the adminis tration of dr ugs or other substances to anima ls before slaughter; 105 BRUNEI DARUSSALAM GOV ERNMENT GAZETTE til regulating or prohibiting the acceptance at slaughtering centres of animals for slaughter which are diseased or otherwi se unfit for use in the production of meat produc ts; UJ regulating the manner in which animals intended for slaughter , meat and meal products are to be conveyed fro m place to place and providing for the inspection of conveyances ca rrying or intended to be used for carrying animals. meat and meat p roducts; {hI regul ating and controlling the processing and pa cking of meat and meat products in processin g establishments licensed under the Miscellaneous Licences Act (Chapter 127); (1) prescribing requirements for the chilling, freezing and storage of any meat and meat products and providing for the approval of any material used in packi ng any product; 1m) regu lating (il the cons truction. lighting. ven tilation , ai r temperature, cleansing , drainage, wate r supply, maintenance a nd good management of pre mises subjec t to thi s Order; liil the construction , cleans ing and maintenance of all fixtures , applian ces, instruments , ut ensi ls and other th ings connected or used th erewith or connected with the management thereof: and (iii) the hygiene req uiremen ts to be observed by or in relation to any person working in premises subject to this Order, so far as conce rns the clothing, con duct and health of such person; In) regulating and controlling the application of chemicals, drugs and other substan ces to meat and meat p roducts and the use of ingredien ts in the processing of meat and meat products; /0) requiring information as to the nature and quantity of any chemical, drug or other substance w hic h has been applied to an y meat or meat product or of any ingredient w hich has been used in the processing of any meat or meat p rod uct to be show n on the labels of such products: (p) prescribing the mode of dealing wi th animals w hich are diseased or ot herwise unfit for use in the production of meat and mea t products; Iqj requiring that any meat or meat p roducts int ended for export should conform to the requirement s of the coun try, te rritory or place to 106 16th . FEBRUARY, 20 11 which they are to be exported, and prohibitin g or restr ictin g the export of any suc h product unle ss the prescri bed requirements are complied with; (r) providing for the handling and treatment of live anima ls intended for slaughter for human consumption; Is} providing for the standards of d ress ing anima ls slaughtered in licensed slaugh tering centres; It) prescribing the procedure for the taking and analysis of samples under this Order; IU} prescribing the offences which may be compounded and the method and procedur e by which they may be compounded: and Iv) empowering the Director to issue such directions as he may consider necessary for the proper control and managem ent of slaughtering centres or for any matter connected with th e provisions of this Order; Iw) to include such incidental, conseq uential and supplementa ry provisions as he cons iders necessa ry or expedient. (31 Th e Mini ster may, in mak ing any regulations. provide that any contravention of, or failure or neglect to comply wi th, a ny provision of such regulati ons or a ny direction issued by the Director pursuant to such regulations shal l be a n offence and may prescri be the fine with whic h the offence shall be punishable , except that no suc h fine sha ll exceed for anyone offe nce the sum of $10 ,000 and , in the case of a continuing offence , the sum of S100 for eve ry day or part thereof during w hich the offence continues afte r co nviction. Made thi s 27th . day of Safar , 1432 Hijriah corresponding to the 1st. day of February, 2011 at Our Istana Nurul Iman , Bandar Serl Begawan, Brunei Darussalam. HIS MAJE STY THE SULTAN AND DI·PERT UAN ERUNEI DARUSSALAM 107