S.I. No. 10/1923 - Exportation Of Animals (Irish Free State) Order Of 1923.

1923. No. 10.ORDER OF THE DEPARTMENT OF AGRICULTURE AND TECHNICAL INSTRUCTION.

EXPORTATION OF ANIMALS (IRISH FREE STATE) ORDER OF 1923.

(Dated 31st August, 1923).

The Department of Agriculture and Technical Instruction, by virtue and in exercise of the powers vested in them under the joint operation of the Agriculture and Technical Instruction (Ireland) Act, 1899, the Diseases of Animals Acts, 1894 to 1914, and of every other power enabling them in this behalf, do, with the concurrence of the Minister for Agriculture of the Irish Free State, hereby order as follows:—

1 Exportation to Great Britain.

1. Animals brought from a place in Ireland not within a district or area scheduled on account of Foot-and-Mouth Disease may be exported to an approved landing place in Great Britain from a port in the Irish Free State in accordance with the provisions of this Order and not otherwise.

2 Special Provisions relating to Cattle.

2. (i) Cattle moved to a port in the Irish Free State specified in an Order of the Minister of Agriculture and Fisheries for Great Britain as a Port in Ireland from which animals may be brought to approved Landing Places in Great Britain, must, if intended for shipment to any such Landing Place, be accompanied by a declaration made by the consignor of the cattle or his agent in the form prescribed in the First Schedule to this Order, giving the particulars indicated in such form regarding the previous ownership of the cattle, the place and date of their purchase and the means of identifying them.

(ii) It shall not be lawful to consign to a port for shipment to Great Britain any cattle, unless accompanied by such a declaration; and, where the animals are consigned by railway, unless the declaration bears a Certificate, given under the hand of the Stationmaster of, or a Constable on duty at, the station of entertainment, indicating the name of the station and the date of entertainment.

(iii) Every declaration required by this Article to accompany cattle moved to a port of shipment shall be delivered up to an Inspector of the Department at the proposed port of shipment when application is being made for inspection of the cattle.

3 Condition of Exportation of Animals generally.

3. The following conditions shall apply to all animals moved under this Order to a port of shipment:—

(i) Each animal shall be detained and rested for a period of not less than two hours in a place of inspection approved by the Department at each port or place of shipment.

(ii) Each animal during the period of detention shall be under the observation of a Veterinary Inspector of the Department.

(iii) At the expiration of the period of detention each animal shall be inspected separately by a Veterinary Inspector of the Department, and no animal shall be allowed to leave the place of inspection unless the Veterinary Inspector is satisfied that, as far as he can ascertain, such animal is free from disease, and unless he has given a certificate to that effect in a form prescribed by the Department.

(iv) Such certificate shall accompany each animal or each lot of animals shipped, and, whenever required, shall be produced by the person in charge of the animals to any person lawfully authorised to demand the same.

(v) An Inspector may decline to give such Certificate in respect of any head of cattle which is not marked in such a way as will enable the animal to be identified in Great Britain, or which is not accompanied by a declaration, duly completed, in the form prescribed in the First Schedule to this Order.

(vi) Each animal on being inspected and found free from disease, shall, when required by the Veterinary Inspector, be branded or otherwise marked, and such branding shall not be removed or counterfeited.

(vii) Animals that have been inspected and certified to be free from disease, shall be moved direct from the place of inspection to the vessel on which they are to be shipped, and if such animals are not exported on the date of such inspection the Inspector may require them to be branded or marked in such manner as he may consider necessary for the purpose of identification and then moved to a place of rest specified in a licence granted by him.

(viii) Inspections of animals intended for exportation shall take place at each port or place of shipment, at such times and places, and under such regulations as are or may from time to time be made by general or special Order of the Department.

(ix) The owner or person in charge of each animal intended for inspection and shipment shall have the same presented for inspection, with an application in a form prescribed by the Department for such inspection, at such place and in such manner as may be set forth in regulations of the Department, or as the Veterinary Inspector may require; and should any such animal, from being heated, dirty, overdriven, or from any other cause, be considered by the Veterinary Inspector to be in an unfit state for inspection or examination, its owner or the person in charge of such animal shall, as far as possible, render it fit for inspection by such means as the case may require.

(x) The person presenting an animal for inspection shall secure it or cause it to be secured in such manner as may be deemed necessary by the Veterinary Inspector for the purpose of inspection.

(xi) It shall not be lawful for the master of a vessel to receive into any vessel, for the purpose of being shipped or exported therein, any animal in respect of which a certificate of health shall not have been granted as aforesaid.

(xii) No cargo of animals shall be moved from a port of shipment in any vessel until the master of such vessel has received from a Veterinary Inspector of the Department a licence authorising such movement.

(xiii) In the event of an animal dying or being slaughtered during the voyage from the Irish Free State to Great Britain the carcase shall be retained on board the vessel for examination by a Veterinary Inspector appointed by the Minister of Agriculture and Fisheries for Great Britain.

(xiv) In the Portal Inspection (Ireland) Order of 1914, references to the Exportation of Animals (Ireland) Order of 1912 shall be read as references to this Order and shall have effect accordingly.

4 Food and Water.

4. At each approved place of inspection a sufficient amount of suitable food and water shall be provided by the owner or occupier of the place of inspection for the use of the animals during the period of detention in such place of inspection; but nothing in this Article shall be deemed to require the feeding during the detention period of animals in respect of which a Veterinary Inspector of the Department is satisfied, from documentary evidence produced and delivered to him on arrival of the animals at the place of inspection, that they—

(a) were moved by road only direct to the inspection yard from grazing lands, lairs, or other places where animals are usually kept and fed ; and

(b) were properly fed within three hours immediately preceding such arrival at the inspection yard, and within six hours immediately preceding the intended hour of shipment,

5 Prohibition of Movement.

5. It shall not be lawful for any person to bring, or carry, or send, or cause to be brought, or carried, or sent any diseased animal to any place of inspection or port for shipment.

6 Offences.

6. If anything is done or omitted to be done in contravention of any of the foregoing provisions of this Order, the owner and the charterer and the master of the vessel in which, and the owner and the lessee and the occupier of the place where animals are inspected or are put on board a vessel at which, and the railway company carrying animals on or owning or working the railway on which, and the owner, the consignor, and the person for the time being in charge of the animal in respect of which (as the case may be) the same is done or omitted, shall, each according to and in respect of his or their own acts or omissions be deemed guilty of an offence against the Act of 1894.

7 Interpretation.

7. In this Order, unless the context otherwise requires :—

"The Act of 1894" means the Diseases of Animals Act, 1894:

"The Department" means the Department of Agriculture and Technical Instruction:

"Animals" means cattle, sheep, and goats, and all other ruminating animals, and swine:

"Approved" in relation to "Landing Place" means approved by the Minister of Agriculture and Fisheries for Great Britain for the purpose of any Order in force in Great Britain with regard to the landing in that country of animals shipped from a port in the Irish Free State:

"Disease" includes with the diseases specified in the Act of 1894 (that is cattle-plague, contagious pleuro-pneumonia of cattle, foot-and-mouth disease, sheep pox, sheep-scab, and swine-fever), rabies, anthrax, and any of the forms of bovine tuberculosis liable to be dealt` with under the provisions of the Bovine Tuberculosis (Ireland) Order of 1914, or any Order amending or substituted for that Order:

"Diseased" means affected with disease:

"Master" includes a person having the charge or command of a vessel:

"Constable" means a member of the Civic Guard or the Dublin Metropolitan Police or, in places outside the boundary of the Irish Free State, a member of the regular Constabulary on duty at that place:

Other terms have the same meaning as in the Act of 1894.

8 Revocation of Orders.

8. The Orders described in the Second Schedule to this Order, to the extent described in that Schedule, are hereby from and after the commencement of this Order revoked: provided that such revocation shall not invalidate or make unlawful anything done under the Orders hereby revoked, or affect any licence or authority granted, or any right, title, obligation, or liability accrued thereunder before the commencement of this Order, or interfere with the institution or prosecution of any proceeding in respect of any offence committed against, or any penalty incurred under the Orders hereby revoked before the commencement of this Order.

9 Commencement.

9. This Order shall come into operation on the first day of October, nineteen hundred and twenty-three.

10 Short Title.

10. This Order may be cited as The Exportation of Animals (Irish Free State) Order of 1923.

IN WITNESS whereof the Department of Agriculture and Technical Instruction for Ireland have hereunto set their Official Seal this thirty-first day of August nineteen hundred and twenty-three.

F. J. MEYRICK,

Secretary.

I concur in the foregoing Order.

P. HOGAN,

Minister for Agriculture.

FIRST SCHEDULE.

EXPORTATION OF ANIMALS (IRISH FREE STATE) ORDER OF 1923

Art. 2 (i) Declaration by Consignor or his Agent.

I,          of

in the (County) of          being the Consignor (or his Agent) of the head of Cattle described in the subjoined Schedule, and intended for exportation to Great Britain, do hereby solemnly and sincerely declare that the animals so described are those now forwarded for inspection before shipment, and that they were purchased from the persons and at the place or places and on the date or dates mentioned in the said Schedule.

SCHEDULE.

NOTE.—Description should be given as fully as possible, e.g., Heifers, in-calf (3 years), Milch cows (aged), Strippers, Springers, etc., etc.

Art 2 (ii). Certificate.

The following Certificate must be completed where the cattle referred to in above Declaration are consigned by railway.

I certify that the cattle to which the above Declaration purports to relate were entrained this day at ..............................Railway Station.

CAUTION.—A person making a Declaration or knowingly issuing a Certificate false in any material particular is liable, under the Diseases of Animals Act, 1894, to fine and imprisonment.

NOTE.—This Form must accompany the cattle to which it relates, and be delivered up at the Portal Inspection Office at the port of shipment, when the cattle are presented for inspection.

SECOND SCHEDULE.

ORDERS REVOKED.

Copies of the Form of Declaration given in the First Schedule to this Order may be obtained at any Police Station, or direct from the Offices of the Veterinary Branch of the Department in Dublin where also copies may be had on application.