CHAPTER 67:02
MEAT AND MEAT PRODUCTS

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Interpretation

   3.   Appointment of inspectors, graders, etc.

   4.   Power to make regulations

   5.   Offences and penalties

   6.   Suspension of certain powers of Local Authorities where regulations apply

   7.   Suspension of certain powers of District Councils where regulations apply

3 of 1975
G.N. 183/1975

An Act to provide for the improvement and control of the production, processing, manufacture, grading, sale, marketing and distribution of meat, and meat products and for matters connected therewith and incidental thereto

[1ST DECEMBER 1975]

1.   Short title

   This Act may be cited as the Meat and Meat Products Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

   “carcase” means the carcase of any livestock and includes any part of such carcase;

   “Government mark” means a mark authorized by the Minister for use by a grader appointed under section 3 when marking a carcase in accordance with this Act;

   “grader” means any person for the time being appointed as such under section 3;

   “inspector” means any person for the time being appointed as such under section 3;

   “livestock” means cattle, sheep, pigs, goats, poultry and such other animals as the Minister may declare to be livestock pursuant to subsection (2);

   “meat” means the carcase, or offal, or any part of the carcase or offal, or any product of the carcase or offal of any livestock and, in the case of poultry, includes the eggs thereof;

   “slaughterhouse” means a place for slaughtering livestock, the meat of which is intended for human consumption, and includes any place in connexion therewith for the confinement of animals while awaiting slaughter any such place used or for keeping, or subjecting to any treatment or process, products of the slaughter of animals in such slaughterhouse.

   (2) The Minister may by Order made by notice published in the Gazette, extend the definition of “livestock” appearing in subsection (1), by declaring the said term to include such other animals as may be designated in such Order to be livestock for the purposes of this Act.

3.   Designation of inspectors, graders, etc.

   (1) There shall be inspectors for the purpose of this Act, who shall be officers in the public service, designated by the Minister.

   (2) There shall be graders for the purpose of this Act, who shall be officers in the public service, designated by the Minister.

4.   Power to make regulations

   (1) The Minister may make regulations for the better carrying out of this Act, and without prejudice to the generality of the foregoing such regulations may make provision—

   (a)   regulating and controlling the production manufacture, processing, marketing, distribution and sale of meat or meat products;

   (b)   prescribing minimum standards to which carcases, meat or meat products shall conform, whether as a condition of importation or exportation, or of sale within Malawi and for the seizure, detention, condemnation and destruction, either with or without compensation, of any carcases, meat or meat product considered by any grader, inspector or other prescribed person to be unfit for human consumption;

   (c)   prescribing the manner of handling, transporting, storing and packing of any carcase, meat or meat products;

   (d)   authorizing the inspection, examination sampling, analysis, treatment and control of any livestock intended for slaughter for human consumption and of the food of such livestock and prescribing conditions upon, and the manner in which, livestock and food may be taken for any such purpose, either with or without compensation;

   (e)   fixing the minimum, maximum or specific prices determined by reference to deadweight and grade or liveweight and grade, which shall be paid for livestock delivered to slaughterhouses and there tendered for sale whether for the purpose of slaughter or otherwise;

   (f)   prescribing the methods to be employed in the slaughter of animals in slaughterhouses and the implements to be used for such purposes;

   (g)   requiring the registration and licensing in such manner, and upon payment of such fees, as may be prescribed of the producers (including persons who keep poultry with a view to selling the carcases or eggs thereof for human consumption), manufacturers, processors, distributors and sellers of meat and meat products and providing for the suspension or cancellation of any such registration or licensing;

   (h)   prescribing the qualifications, powers and duties of inspectors, graders and other persons appointed to exercise powers and to perform duties under this Act, including power to enter and to remain in or upon slaughterhouses and premises used in connexion with the production, storage, processing, manufacture, grading, sale, marketing and distribution of meat and meat products for the purposes of this Act;

   (i)   requiring the production to, and authorizing the examination, inspection, analysis and testing by, officers appointed under this Act of carcases, meat and meat products and any article used in connexion with carcases, meat and meat products or the production, processing, manufacture, grading, sale, marketing and distribution thereof, prescribing charges in respect thereof, and conditions upon and the manner in which carcases, meat and meat products or articles or parts or samples of any of them may be taken, either with or without compensation;

   (j)   authorizing the opening by officers appointed under this Act or other persons for the purpose of inspection, any package which contains, or which is reasonably thought to contain, carcases, meat or meat products;

   (k)   prescribing the books, accounts, vouchers and records to be kept and maintained by persons carrying on any business to which this Act relates;

   (l)   authorizing the examination and inspection by officers appointed under this Act or other persons of all books and documents relating to the production, processing, manufacture, grading, sale, marketing and distribution of any carcases, meat or meat products;

   (m)   prescribing that save with the permission in writing of the Minister, no person shall import into, or export from, Malawi any carcase, meat or meat product, and prescribing the form and manner in which such permission may be sought and further empowering the Minister to grant such permission subject to such exceptions, conditions and qualification, if any, as he may see fit to impose;

   (n)   prescribing that, save with the permission in writing of the Minister, no person shall sell any meat, carcase or meat product, and prescribing the form and manner in which such permission may be sought and further empowering the Minister to grant such permission subject to such exceptions, conditions and qualifications, if any, as he may see fit to impose;

   (o)   prescribing that any person who occupies premises which he uses, or permits to be used, as a slaughterhouse, without being the holder of a current valid licence to do so under this Act, shall be guilty of an offence.

   (p)   controlling and regulating the establishment, design, construction, standards, locality, supervision, equipment, maintenance and management of slaughterhouses and of premises used in connexion with the production, storage, manufacture, processing, marketing, distributing or selling of carcases, meat and meat products;

   (q)   for the examination, grading and marking of carcases of livestock required to be graded under this Act; to make provision for the various grades to be used for such purpose, their respective names, designations and marks, and for the criteria applicable to each such grade;

   (r)   for the production of carcases of livestock to graders, for examination, grading and marking in accordance with this Act;

   (s)   for the marks to be used by graders;

   (t)   for appeals from any decision of any registrar, licensing officer, grader, inspector or other officer appointed under this Act, in the exercise, or purported exercise, of his powers or functions under this Act, and for the fees to be paid and the procedure to be followed in connexion with such appeals;

   (u)   prescribing the fees or charges for services rendered under this Act;

   (v)   requiring returns, reports and estimates to be furnished by producers, manufacturers, processors, marketers, distributors and sellers of carcases, meat and meat products;

   (w)   prescribing the forms of applications, permits, licences, registers, and other documents and prescribing the marks to be used for purposes of this Act;

   (x)   exempting from any of the provisions of this Act or of any regulation made thereunder any person or class of persons or any meat or meat product;

   (y)   prescribing any matter to be or which may be prescribed under this Act.

   (2) Regulations made under subsection (1) may be made to apply to the whole of Malawi or to specified areas of Malawi and different regulations may be made in respect of different areas of Malawi or for different kinds or grades of meat or meat products.

5.   Offences and penalties

   Any person who contravenes any provision of this Act or of any regulation made thereunder shall be liable on first conviction to imprisonment for a term of twelve months or to a fine of K200.00 and on a second or subsequent conviction to imprisonment for a term of two years and to a fine of K400.00.

6.   Suspension of certain powers of Local Authorities where Regulations apply

   Whenever in accordance with section 4 (2), Regulations made under section 4 (1) are made to apply to any Local Government Area, or to any specified place within such Local Government Area, as the case may be, the powers of the Local Authority for such area in respect of slaughterhouses and the killing of a livestock provided for by paragraph (7) of Part 4 of the First Schedule to the Local Government (Urban Areas) Act and the powers of such Local Authority in respect of diseased animals provided for by paragraph (9) of the said Part 4 of the said First Schedule to the said Act, shall be suspended and shall not be exercisable by such Local Authority in such Area or specified place, as the case may be, for so long as the aforesaid Regulations made under this Act continue to apply to such Area or specified place.

7.   Suspension of certain powers of District Councils where Regulations apply

   Whenever in accordance with section 4 (2), Regulations made under section 4 (1) are made to apply to any area of a District Council or to any specified place within such area, as the case may be, the powers of such District Council in respect of the control, regulation, supervision or licensing of slaughterhouses provided by paragraph (1) of Part IX of the First Schedule, and by paragraphs (5) (d) and (6) (c) of Part I of the Third Schedule, to the Local Government (District Councils) Act, shall be suspended and shall not be exercisable by such District Council in such area or specified place, as the case may be, for so long as the aforesaid Regulations made under this Act continue to apply to such area or specified place.

SUBSIDIARY LEGISLATION

   Law Revision Commissioner’s Note:

   Under the provision of section 14 (i) (e) of the General Interpretation Act.

   Any subsidiary legislation hereinafter shown as made under the Meat Marketing Act (Now repealed) is deemed to remain in force only to the extent that it is capable of being enacted under the Meat and Meat Products Act and is not inconsistent therewith.

MEAT AND MEAT PRODUCTS (EXEMPTIONS) REGULATIONS

under s. 4

G.N. 71/1976

1.   Citation

   These Regulations may be cited as the Meat and Meat Products (Exemptions) Regulations.

2.   Exemptions

   The meats set out in the Schedule hereto shall be exempt from the provisions of the Meat and Meat Products Act.

SCHEDULE

   All imported tinned meats

   All imported potted meats

   Meat soups

   Meat pies

   Meat pasties

   Edible meat fats

   Tallow

   All cooked meats other than cooked pork, cooked ham and cooked bacon

G.N. 64/1965
268/1970

SPECIFIED AREAS NOTICE

under s. 4 (1)

   The Minister has declared the Town Planning Area of the City of Blantyre, the Town Planning Area of Zomba and that part of the Thyolo District lying on the Blantyre side of the Nswadzi River to be areas specified for purposes of section 4 (1) of the Act.

SPECIFIED PLACES NOTICE

under s. 4 (2)

G.N. 115/1985

1.   Citation

   This Notice may be cited as the Specified Places Notice.

2.   Specified places for purchase of cattle

   The Cold Storage Company Limited, having been granted a licence to own, operate, manage and conduct abattoir in the City of Blantyre and City of Lilongwe, shall be required to purchase all cattle offered to it at the places specified in the Schedule hereto.

SCHEDULE

   1. The cattle market situate in the area known as the Likangala Dip-Tank site near Zomba;

   2. The cattle market situate in the area behind and adjacent to the produce market in Lilongwe;

   3. The cattle market situate 0.80 kilometres north-east of Mponela near the bank of the Kasangadzi River;

   4. The cattle market situate in the area adjacent to the area known as the Kwataine Dip-Tank site in Ntcheu District;

   5. The cattle market situate in the area known as the Dedza Dip-Tank site in Dedza District;

   6. The cattle market situate in the area known as the Phazi Dip-Tank site approximately 82.13 kilometres south of Mzimba;

   7. The cattle market situate 1.20 kilometres south-west of Mzimba Boma and adjacent to the airfield known as the Mzimba Cattle Market;

   8. The cattle market situate in the area known as the Gowoka Dip-Tank site approximately 77.29 kilometres north of Mzimba;

   9. The cattle market situate 1.20 kilometres from M1-S8 road junction and adjacent to S8 road approximately 8.05 kilometres south of Rumphi known as the Bwengu Cattle Market;

   10. The cattle market situate 1.60 kilometres north of Nthalire Traditional Court near the bank of Ziwa River known as the Nthalire Cattle Market;

   11. The cattle market situate in the area known as the Kaseye Dip-Tank site;

   12. The cattle market situate 182.80 metres west of Karonga Kamuzu Highway and approximately 41.87 kilometres south of Karonga known as the Ngara Cattle Market;

   13. The cattle market situate in the area known as the Nsanje Dip-Tank site;

   14. The cattle market situate in the area known as the Bangula Dip-Tank site;

   15. The cattle market situate in the area known as the Ngabu Dip-Tank site;

   16. The cattle market situate in the area known as the Muona Dip-Tank site;

   17. The cattle market situate in the area known as the Kanjedza Dip-Tank site;

   18. The cattle market situate in the area known as the Symon Dip-Tank site;

   19. The cattle market situate in the area known as the Mikoko Dip-Tank site;

   20. The cattle market situate approximately 0.40 kilometres south of the Chigumukile Trading Centre known as the Putheya Cattle Market;

   21. The cattle market situate on the west side of the Neno-Kirk Range road approximately 0.80 kilometres north of Neno Trading Centre known as the Neno Cattle Market;

   22. The cattle market situate 548.40 metres from the Nathenje Trading Centre on the west bank of the Nathenje River known as the Nathenje Cattle Market;

   23. The cattle market situate 3.60 kilometres south-west of Mitundu Trading Centre on the east bank of the Lisungwe River known as the Namaguya Cattle Market;

   24. The cattle market situate 4.83 kilometres north of Kasungu on the north bank of the Kavunguti River known as the Kasungu Cattle Market;

   25. The cattle market situate 32.20 kilometres from Lilongwe Town Centre on the north side of the main Lilongwe-Salima road known as the Chikusa Cattle Market;

   26. The cattle market situate 182.80 metres north of the Linthipe Bridge and in the area known as the Linthipe Dip-Tank site;

   27. The cattle market situate on the east bank of Namitete River, on the south side of the main Lilongwe-Mchinji road known as the Namitete Cattle Market;

   28. The cattle market situate 40.26 kilometres west of Namitete on the west side of the main Lilongwe-Mchinji road near the south bank of the Bua River known as the Tembwe Cattle Market;

   29. The cattle market situate 6.44 kilometres north-west of Chief Chikakula near the north bank of the Mteza River known, as the Malindi Cattle Market;

   30. The cattle market situate 4.83 kilometres north of Dowa Boma on the Dowa-Nkhotakota road in the area known as the Moya Dip-Tank site known as the Dowa Cattle Market.

MEAT MARKETING REGULATIONS

under s. 9

G.N. 17/1966
83/1969
6/1974
116/1985
74/1986

1.   Citation

   These Regulations may be cited as the Meat Marketing Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires—

   “appellant” means a person who has appealed from the decision of a Government grader in the manner prescribed by section 9 of the Act;

   “appropriate authority”

   (a)   in relation to the prescribed areas comprising the Town Planning Area of Zomba, means the District Commissioner, Zomba;

   (b)   in relation to the prescribed area comprising the Town Planning Area of Blantyre and Limbe, means the District Commissioner, Blantyre;

   (c)   in relation to the prescribed area comprising that part of the Thyolo District on the Blantyre side of the Nswadi River, means the District Commissioner, Thyolo;

   (d)   in relation to the prescribed area comprising the Town Planning area of Lilongwe (as more particularly specified in Government Notice No. 11 of 1971) means the District Commissioner, Lilongwe;

   “grader” means a person appointed to grade livestock and meat in terms of section 7 (1) of the Act;

   “inspector” means a person appointed an inspector in terms of section 7 (1) of the Act;

   “prescribed area” means an area prescribed in terms of section 5 of the Act;

   “Secretary” means the Secretary for Agriculture.

PART I
CATTLE

3.   Grading of carcasses of cattle

   The carcasses of cattle which are liable to be graded in terms of the Act in consequence of the cattle having been slaughtered in a prescribed area for sale or export, in any form whatsoever, shall be graded by a Government grader at a slaughter-house, in accordance with the First Schedule, in one of the following grades—

   (a)   Choice Grade Chiller Beef;

   (b)   Prime Grade Chiller Beef;

   (c)   Standard Quality Grade Beef;

   (d)   Commercial Quality Grade Beef;

   (e)   Inferior Quality Grade Beef; and

   (f)   Veal.

4.   Marking of graded carcasses of cattle

   The carcasses of cattle which have been graded in terms of regulation 3 shall be marked by a Government grader with a roller-mark in accordance with the following provisions—

   (a)   Choice Grade Chiller Beef shall be marked with the word “CHOICE”;

   (b)   Prime Grade Chiller Beef shall be marked with the word “PRIME”;

   (c)   Standard Quality Grade Beef shall be marked with the number “1111”;

   (d)   Commercial Quality Grade Beef shall be marked with the number “4444”;

   (e)   Inferior Quality Grade Beef shall be marked with the letters “XXXX”; and

   (f)   Veal shall be marked with the word “VEAL”:

   Provided that no internal cuts shall be so marked.

PART II
SHEEP

5.   Grading of carcasses of sheep

   The carcasses of sheep which are liable to be graded in terms of the Act in consequence of the sheep having been slaughtered in a prescribed area for sale or export, in any form whatsoever, shall be graded by a Government grader at a slaughter-house, in accordance with the Second Schedule, in one or other of the following grades—

   (a)   Choice Lamb;

   (b)   Prime Lamb;

   (c)   Grade 1 Mutton; and

   (d)   Grade 2 Mutton.

6.   Marking of graded carcasses of sheep

   The carcasses of sheep which have been graded in terms of regulation 5 shall be marked by a Government grader with a roller-mark in accordance with the following provisions—

   (a)   Choice Lamb shall be marked with the word “CHOICE”;

   (b)   Prime Lamb shall be marked with the word “PRIME”;

   (c)   Grade 1 Mutton shall be marked with the number “1111”;

   (d)   Grade 2 Mutton shall be marked with the number “2222”:

   Provided that no internal cuts shall be so marked.

PART III
GOATS

7.   Grading and marking of carcasses of goats

   The carcasses of goats which are liable to be graded in terms of the Act in consequence of the goats having been slaughtered in a prescribed area for sale or export, in any form whatsoever, shall be graded by a Government grader at a slaughter-house as goatmeat, and shall be marked by a Government grader with a roller-mark in accordance with the following provisions—

   (a)   Grade 1 Goat shall be marked with the mark “Goat 1111”;

   (b)   Grade 2 Goat shall be marked with the mark “Goat 2222”:

   Provided that no internal cuts shall be so marked.

PART IV
APPEALS AND OFFENCES

8.   Appeal from decision of grader

   (1) Any person whose livestock carcasses have been graded by a Government grader in terms of these Regulations and who is dissatisfied with the decision of the Government grader in regard to the grading of such carcasses shall, subject to subregulation (2), be entitled to appeal from such decision to the Secretary.

   (2) No appeal shall lie in terms of this regulation unless the person—

   (a)   notifies the Government grader in writing, on the same day as the decision in regard to the grading of the carcasses is given and before the carcasses are removed from the place of grading, of his intention to appeal; and

   (b)   within seventy-two hours of so notifying his intention to appeal, lodges with the Secretary a notice of appeal and pays, in aid of the costs of the appeal, a fee of two Kwacha for each carcass in respect of which the appeal is lodged.

   (3) For the purposes of subregulation (2), a notice of appeal lodged with the Chief Veterinary Officer, Malawi, shall be regarded as having been lodged with the Secretary.

   (4) An appeal lodged in terms of this regulation shall be decided by two or more persons, with a special knowledge of meat grading, nominated by the Secretary, and the decision of such persons shall be communicated to the appellant within ten days of the date on which the notice of appeal was lodged.

   (5) If an appeal lodged in terms of this regulation—

   (a)   is upheld, the fee paid in respect of the carcass concerned shall be wholly refunded to the appellant;

   (b)   is dismissed, the fee paid in respect of the carcass concerned may be refunded to the appellant, in whole or in part, if the Secretary, after considering all the circumstances, so directs.

9.   Delivery of ungraded or unmarked carcasses prohibited

   Except with the permission of the appropriate authority, no person shall sell at, distribute in, or consign or deliver to any place within a prescribed area any carcass, liable to be graded in terms of the Act, which has not been graded and marked in accordance with these Regulations.

10.   Imported sheep carcasses must show country of origin

   No person shall sell, distribute, consign or deliver any sheep carcasses imported into Malawi which have not been marked to indicate the country of origin.

11.   Removal of subcutaneous fat

   No person, other than a consumer, shall remove the subcutaneous fat from any carcass graded in terms of these Regulations or interfere in any way with the markings of any such carcass.

PART V
POWERS OF INSPECTORS

12.   Inspection

   An inspector may inspect any abattoir, slaughter-house, butchery, factory or works where livestock are slaughtered, or where carcasses or livestock are treated, processed, prepared, dressed, dealt in or stored, for the purpose of ascertaining whether any carcass of livestock therein has been graded or roller-marked in accordance with the regulations made in terms of the Act or otherwise.

13.   Demand for production of carcasses and account books

   (1) An inspector may demand the production of any carcass and any books of accounts relating thereto.

   (2) An inspector may seize any books, documents, carcasses and other meat foods which, in the opinion of the inspector, may afford evidence of a contravention of the Act or any regulation made thereunder.

   (3) An inspector shall, if so required, issue a receipt for any books, documents, carcasses or other meat foods seized in terms of subregulation (2).

14.   Written authority

   When exercising any powers conferred by these Regulations, an inspector shall, if so required, produce a written authority from the Minister to exercise such powers.

PART VI
IMPORT AND EXPORT OF MEAT

15.   Import and export of meat

   (1) No person may import into, or export from, Malawi, any meat without the written permission of the Minister.

   (2) An application made under these Regulations for the import of meat shall be deemed also to be an application made under the Animal (Import) Rules.

PART VII
LICENSING OF ABATTOIRS

16.   Licence required for abattoir, etc.

   (1) No person may own, manage or conduct any abattoir, slaughter-house, factory or other works where livestock are slaughtered or where livestock are treated, processed, prepared and dressed, in an area specified by the Minister under section 4 (1) of the Act unless he has first obtained a licence in the form specified in the Third Schedule.

   (2) Any licence issued under subregulation (1) shall be valid until revoked in writing by the Minister.

   (3) It shall be a condition of issue of an abattoir licence that the holder of such licence shall maintain premises suitable for the holding and humane slaughter of livestock, and for the efficient processing, handling and storage of meat.

PART VIII
MARKETING OF MEAT

17.   Display of meat requires marking

   No person shall expose or display any meat for sale in an area specified by the Minister under section 4 (1) of the Act unless the meat is clearly marked according to its grade in the manner specified in the Fourth Schedule.

G.N. 6/1974
116/1985

FIRST SCHEDULE

PART I
MANNER OF GRADING CATTLE CARCASSES

   1. Choice Grade Chiller Beef

   (a)   Beef of this grade shall be derived from steers or maiden heifers having not more than six permanent incisors and a carcass weight of not less than 180 Kilograms Cold Dressed Weight. The carcass shall be of good conformation and the quarters plump and well fleshed, with an even covering of firm white or creamy-white fat, with the kidney and channel fat well developed and with a liberal distribution of fat in the lean at the point of quartering. The beef shall be properly dressed, free from objectionable bruises or taint, bright and sound in condition;

   (b)   Carcasses of young bulls shall qualify for grading as Choice Grade Chiller Beef if they have no permanent incisors and meet all other requirements of that grade.

   2. Prime Grade Chiller Beef

   Beef of this grade shall be derived from steers or maiden heifers, not more than five years of age and which do not show any pronounced ossification of the spinal processes or in the lumbar region and have a carcass weight of not less than 146.25 kilograms Cold Dressed Weight. The quarters shall be plump and well fleshed, but the development of internal and external fat may be somewhat less than in the Choice Grade. There shall be a fair distribution of fat in the lean at the point of quartering. The beef shall be properly dressed, free from objectionable bruises or taint, bright and sound in condition.

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