S.I. No. 16/1933 - The Rabies Order, 1933.

STATUTORY RULES AND ORDERS. 1933. No. 16.

THE RABIES ORDER, 1933.

ORDER OF THE MINISTER FOR AGRICULTURE.

(Dated 25th January, 1933.)

The Minister for Agriculture by virtue and in exercise of the powers vested in him by the joint operation of the Agriculture Act, 1931 (No. 8 of 1931), and of the Diseases of Animals (Ireland) Acts, 1894 to 1932, and of every and any other power him in this behalf enabling hereby orders as follows :—

1 Short title and Commencement.

1.—(1) This Order may be cited for all purposes as the Rabies Order, 1933.

(2) This Order shall come into operation on the Twenty-fifth day of January, 1933.

2 Application of Interpretation Act, 1923 .

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3 Definition.

3.—(1) In this Order—

the expression "the Minister" means the Minister for Agriculture,

the expression "the Act" means the Diseases of Animals Act, 1894,

the word "dog" means any canine animal,

the word "animals" means cattle, sheep, goats, and all other ruminating animals, swine, horses, asses, mules, dogs and cats, the word "diseased" in relation to an animal means affected with rabies,

the word "suspected" in relation to an animal means suspected of being affected with rabies,

the expression "public place" means any street, highway, thoroughfare, public bridge, public park, garden or pleasure ground, common, unenclosed land, or other place to which the public have for the time being access,

the word "carcase" means the carcase of an animal and part of a carcase, and the meat, flesh, bones, hide, skin, hoofs, horns, offal, or other part of an animal, separately or otherwise, or any portion thereof,

the word "inspector" includes a veterinary inspector.

(2) Each of the following shall be an approved disinfectant for the purposes of this Order, that is to say—

(a) a five per cent. solution of standard phenol,

(b) a disinfectant approved by the Minister for the said purposes, if used at the dilution at which such disinfectant is so approved.

4 Information as to rabies.

4.—(1) Every person who has in his possession or under his control any diseased or suspected animal or the carcase of any diseased or suspected animal shall forthwith inform a member of the Gárda Síochána at the nearest Gárda Síochána Station in the Gárda Síochána district where such animal or carcase is, of the facts of the case.

(2) Every member of the Gárda Síochána who receives any information under the immediately preceding paragraph shall forthwith report by telegram the facts of the case to each of the following persons, that is to say—

(a) the Secretary, Department of Agriculture, Dublin, C.17.,

(b) the local authority,

(c) an inspector of the local authority.

(3) Every inspector of the local authority who receives any information under the immediately preceding paragraph shall forthwith report the facts of the case to the medical officer of health of the sanitary district in which the animal or carcase, the subject of such information is.

5 Isolation or diseased or suspected dogs and cats.

5.—(1) Whenever a person gives information under paragraph (1) of the immediately preceding Article that a cat or dog (in this paragraph referred to as the first mentioned animal), in his possession or under his charge is diseased or suspected, such person—

(a) shall forthwith detain and isolate the first-mentioned animal in a kennel, shed, or other building, and shall not permit any other animal to come into contact with such kennel, shed, or other building until the local authority either has caused the first-mentioned animal to be slaughtered or has notified such person that, as the result of a veterinary inquiry made under this Order, the local authority is satisfied that the first-mentioned animal is not diseased,

(b) if the first-mentioned animal has been in the same kennel, shed, or other building as or has otherwise been in contact with another dog or cat (in this paragraph referred to as the animal exposed to infection) shall detain and isolate in another kennel, shed, or building the animal exposed to infection until an isolation notice has been served under this Order in respect of the animal exposed to infection.

(2) Nothing in the Article shall be construed as preventing the person in possession or in charge of a diseased or suspected dog or cat from slaughtering at any time such dog or cat or as preventing the person in possession or in charge of a dog or cat (in this section referred to as the animal exposed to infection) which has been in the same kennel, shed, or building as or has been otherwise in contact with a diseased or suspected dog or cat from slaughtering at any time the animal exposed to infection.

6 Immediate action by inspector in case of suspicion of rabies.

6. Whenever an inspector of a local authority receives in any manner whatsoever information of the supposed existence of or has reasonable grounds for suspecting the existence of rabies in his functional area, such inspector shall do the following things, that is to say—

(a) proceed forthwith to the place where such disease is supposed or suspected to exist, and there exercise and perform the powers and duties conferred and imposed on an inspector by or under the Act and this Order, and

(b) forthwith report to the Minister, in such form as the Minister may require, the facts of the case and the action taken by him under the immediately preceding sub-paragraph, and

(c) forthwith send a copy of such report to such local authority.

7 Public warning by local authorities of the existence of rabies.

7.—(1) Subject to the provisions of the next following paragraph, where rabies exists in the district of a local authority, such local authority may, if they so think fit, give public warning, by the posting of placards or by advertisements or by any other means they may think proper, of the existence of such disease either generally or in any specified shed, stable, building, kennel, field or other place, and may, if they so think fit, so long as such disease exists in their district, from time to time continue to give such public warning.

(2) Where a shed, stable, building, kennel or other similar place specified in a public warning given under the immediately preceding paragraph has, after such warning, been disinfected in the manner required by this Order, no subsequent public warning as aforesaid shall specify such shed, stable, building, kennel or other similar place.

(3) It shall not be lawful for any person, without lawful authority or excuse, to remove or deface any placard or other similar notice posted in pursuance of this Article.

8 Slaughter of dogs and cats by local authorities.

8.—(1) Every local authority shall cause to be slaughtered

(a) every diseased dog and cat in their district, and

(b) every dog and cat in their district which has been bitten by a diseased dog or cat, and

(c) every suspected dog and cat in their district, and

(d) every dog and cat in their district which has been bitten by a suspected dog or cat.

(2) The owner of every animal which a local authority is empowered by this Article to slaughter shall afford such facilities as such local authority may reasonably require for the exercise of such powers in respect of such animal and every such owner who omits to comply with this paragraph shall be guilty of an offence against the Act.

9 Veterinary inquiries.

9.—(1) Every local authority on receiving information that within their district there is any diseased or suspected animal or the carcase of any diseased or suspected animal shall forthwith cause an inquiry (in this Order referred to as a veterinary inquiry) to be made as to whether such animal or carcase is so infected.

(2) Every veterinary inquiry shall be made by a veterinary inspector of the local authority causing such inquiry to be made or by a veterinary surgeon specially appointed by such local authority to make such inquiry.

(3) Where a veterinary inquiry is made in relation to a carcase the person making such inquiry shall, unless he is satisfied that the animal whose carcase is the subject of such inquiry was not infected with rabies, forward to the Veterinary Research Laboratory, Thorndale, Upper Drumcondra, Dublin, N.E.4, such material derived from such carcase and such information concerning such inquiry as the Minister may require.

(4) The owner or person in charge of any animal or carcase in respect of which a local authority has caused a veterinary inquiry to be held shall give to such authority and to the person making such inquiry all reasonable facilities for the exercise of their or his powers in respect of such animal or carcase and every owner or person in charge of any such animal or carcase who omits to comply with this paragraph shall be guilty of an offence against the Act.

10 Isolation notices.

10.—(1) Where in the district of a local authority there is an animal which has been exposed to infection or an animal (other than a dog or cat) which is diseased or suspected, the following provisions shall have effect, that is to say—

(a) such local authority shall forthwith direct an inspector of such local authority, to serve forthwith on the owner or person in charge of such animal a notice (in this Order referred to as an isolation notice) in the Form No. 1 in the Schedule hereto or to the like effect with such modifications as the circumstances may demand, requiring such owner or person, so long as such notice is in force, to deal with such animal in accordance with the terms of such notice, and such inspector shall forthwith comply with such directions, and

(b) notwithstanding that no such direction may have been given, the inspector (being the inspector in whose functional area such animal is) of such local authority, shall, if he considers such action necessary, on his own initiative serve forthwith such notice on such owner or person.

(2) Every isolation notice shall remain in force unless and until a notice withdrawing such isolation notice is served under the next following Article.

(3) Whenever an inspector of a local authority serves an isolation notice he shall forthwith send copies of such notice to the following persons, that is to say—

(a) the Secretary, Department of Agriculture, Dublin, C.17.,

(b) such local authority,

(c) the officer in charge of the nearest Gárda Síochána Station in the Gárda Síochána district where the animal to which notice relates is.

(4) If any person upon whom an isolation notice has been served, fails, or neglects, while such notice is in force, to comply with the requirements of such notice, such person shall be guilty of an offence against the Act.

(5) For the purposes of this Article an animal shall be deemed to have been exposed to infection if such animal has been in the same shed, stable, building, kennel, field or other place or has been otherwise in contact with a diseased or suspected dog or cat or has in any other way been exposed to infection of rabies.

11 Withdrawal of isolation notices.

11.—(1) Whenever an isolation notice has been served and an inspector of the Minister is satisfied that necessity for the continuance in force of such notice no longer exists, he shall serve on the person upon whom such isolation notice was served a notice in the Form No. 2 in the Schedule hereto withdrawing such isolation notice.

(2) Whenever an inspector of the Minister serves a notice under this Article, he shall forthwith send copies of such notice to the following persons, that is to say—

(a) the Secretary, Department of Agriculture, Dublin, C.17.,

(b) the local authority,

(c) the officer in charge of the nearest Gárda Síochána Station in the Gárda Síochána district where the animal to which notice so relates is.

12 Powers of Minister on failure to comply with isolation notice.

12.—(1) If, whenever an isolation notice is served in respect of an animal, the requirements of such notice are not complied with, an inspector of the Minister may seize such animal, and thereupon the Minister shall, at the expense of the owner of such animal, detain and isolate in accordance with the requirements of such notice such animal at the place of detention specified in the notice or at any other place of detention selected by the Minister.

(2) Whenever an animal is detained and isolated under this Article, all expenses incurred by the Minister in relation to such detention and isolation shall be a debt due by the owner of such animal to the Minister and may be recovered as a simple contract debt in any court of competent jurisdiction.

(3) Whenever an animal in respect of which an isolation notice is served is detained and isolated under this Article, the following provisions shall have effect, that is to say—

(a) if, during the continuance in force of such notice, the owner of such animal fails to pay to the Minister, within seven days after a written demand has been made on him therefor, a deposit, on account of the expenses incurred and to be incurred by the Minister for such detention and isolation, of such amount as may be specified in such demand, or

(b) if, at the expiration of such notice, such owner does not claim such animal or does not pay to the Minister within seven days after a written demand has been made therefor, the expenses (credit being given for the deposit (if any) paid under the immediately preceding sub-paragraph) to be specified in such notice incurred by the Minister for such detention and isolation,

the Minister may destroy or otherwise dispose of such animal as he thinks expedient, without prejudice to the provisions of the immediately preceding paragraph.

13 Disposal of carcases of diseased or suspected animals.

13.—(1) Whenever a diseased or suspected animal dies or is slaughtered the local authority shall as soon as possible after such death or slaughter cause the carcase of such animal to be disposed of by such one of the following ways as the local authority think fit, that is to say—

(a) by the burial of such carcase (including the skin, which shall be slashed in such manner as may make it useless) in some proper place at a depth of not less than six feet below the surface, the carcase having been first covered with a sufficient quantity of quicklime or approved disinfectant,

(b) by the destruction of such carcase (including the skin) by exposure to a high temperature at the premises where such carcase is or at the nearest premises available and suitable for the purpose,

(c) by the disposal of such carcase (including the skin) in accordance with the following provisions, that is to say—

(i) by first disinfecting it at the premises where it is, and

(ii) by then removing it, under the superintendence of an officer of the local authority, to a horse-slaughterer's or knacker's yard or other suitable premises, and by there destroying it by exposure

to high temperature or by chemical agents.

(2) A local authority may for the purposes of the disposal of a carcase under this Article cause or allow such carcase to be removed to the district of another local authority, with the consent of that local authority, but not otherwise.

14 Prohibition of disinterring of carcases of animals.

14. It shall not be lawful for any person to disinter or cause to be disinterred the carcase of any diseased or suspected animal, whether such carcase was interred under this Order or otherwise, unless such carcase is disinterred—

(a) under and in accordance with a licence granted by the Minister, or

(b) with the consent in writing of an inspector of the Minister.

15 Record of slaughter of diseased and suspected animals.

15. Every local authority shall keep, in the form provided by the Minister, a record of all diseased and suspected animals slaughtered by them under this Order, and there shall be entered in such record the particulars required by or indicated in such form with such variations as the circumstances may require.

16 Weekly returns by inspectors of local authorities.

16. Where an inspector of a local authority finds that rabies exists and has existed in his functional area, he shall forthwith make, on a form provided by the Minister, a return thereof to such local authority and to the Secretary, Department of Agriculture, Dublin, C.17., containing the particulars required by or indicated in such form, and shall continue to so make a return thereof to the said persons on every succeeding Saturday until the disease has ceased to exist in such area.

17 Disinfection of contaminated enclosures and things.

17.—(1) Where—

(a) any enclosure has been used by a diseased or suspected animal, or

(b) any thing (other than an enclosure) has been used by a diseased or suspected animal, or

(c) any thing has been contaminated by the saliva of a diseased or suspected animal, whether before, or after the death of such animal,

it shall be the duty of the owner to immerse, soak, or drench such enclosure or thing in or with an approved disinfectant.

(2) If any person omits to do anything required by this Article, such person shall be guilty of an offence against the Act.

(3) In this Article the word "enclosure" includes any kennel, pen, sty, or other enclosure of any kind whatsoever.

18 Enforcement of Order.

18. Without prejudice to sub-section (1) of section 43 of the Act, the provisions of this Order, except where it is otherwise provided, shall be executed and enforced by the local authority.

19 Offences.

19.—(1) If an animal or anything is moved in contravention of this Order or of a notice served under this Order, the owner of the animal or thing, and the person for the time being in charge thereof, and the person causing, directing or permitting the movement, and the person moving or conveying the animal or thing, and the consignee or other person receiving or keeping it knowing it to have been moved in contravention as aforesaid, and the occupier of the place from which the animal or thing is moved, shall, each according to and in respect of his own acts and defaults, be guilty of an offence against the Act.

(2) If a person, with a view unlawfully to evade or defeat the operation of this Order, allows an animal to stray, he shall be guilty of an offence against the Act.

20 Revocation of the Rabies (Ireland) Order of 1900.

20. The Rabies (Ireland) Order of 1900 is hereby revoked.

Given under the Official Seal of the Minister for Agriculture this twenty-fifth day of January, Nineteen Hundred and Thirty-Three.

(Signed) F. J. MEYRICK.

SCHEDULE.

Form No. 1.

Notice to Owner or Person in Charge requiring Isolation of Dogs, Cats, or other Animals.

Diseases of Animals (Ireland) Acts, 1894 to 1932.

RABIES.

being an Inspector appointed by the Local Authority of the

of

hereby require the following animal, namely—

to be kept in (here describe the kennel, shed, building, or other place where the animal is to be kept), and I hereby require you to take Notice that, in consequence of this Notice and the provisions of the Order under which this Notice is issued, it is not lawful for any person, until this Notice is withdrawn by a further Notice in writing signed by an Inspector of the Minister for Agriculture—

(a) to move from or out of such kennel, shed, building, or other place as aforesaid any animal that may be therein ; or

(b) to move any other animal into such kennel, shed, building, or other place as aforesaid; or

(c) to permit any other animal to come in contact with any animal to which this Notice applies.

N.B.—An animal to which this Notice applies may at any time be slaughtered by the owner.

If the animal to which this Notice applies should die or be slaughtered, or be lost in the period during which the Notice is in force, the death or slaughter or loss of the animal, as the case may be, shall forthwith be reported by the person then in charge of the animal to the Secretary, Department of Agriculture, Dublin, C.17.

The Inspector giving this Notice is to send forthwith copies of this Notice to-

(i) The Secretary, Department of Agriculture, Dublin, C.17;

(ii) The Local Authority;

(iii) The Gárda Síochána at the nearest Gárda Síochána Station of the District.

(Read the Endorsement on back of this Notice.)

To be printed as Endorsement on Form I.

Caution.—If anything is done, or omitted to be done, in contravention of this Notice, the occupier of the place where the dog or other animal is detained, and the person failing or neglecting to isolate the same, and the owner of the dog or other animal moved, and the person for the time being in charge thereof, and the person causing, directing, or permitting the movement, and the person moving or conveying the dog or other animal, and the consignee or other person receiving or keeping it knowing it to have been moved in contravention as aforesaid, are liable under the Diseases of Animals Act, 1894, to fine and imprisonment.

Form No. 2.

Withdrawal of Notice to Owner or Person in charge requiring Isolation of Dogs or Cats or other Animals.

Diseases of Animals (Ireland) Acts, 1894 to 1932.

RABIES.

Copies of this Notice are to be sent forthwith to—

(i) The Secretary, Department of Agriculture, Dublin, C.17 ;

(ii) The Local Authority;

(iii) The Gárda Síochána at the nearest Gárda Síochána Station of the District.