S.I. No. 20/1936 - Warble Fly (Treatment of Cattle) Order, 1936.

STATUTORY RULES AND ORDERS. 1936. No. 20.

WARBLE FLY (TREATMENT OF CATTLE) ORDER, 1936.

ORDER OF THE MINISTER FOR AGRICULTURE.

(Dated 29th January, 1936.)

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 the Diseases of Animals (Ireland) Acts, 1894 to 1935, and of every and any other power him in this behalf enabling, hereby orders as follows :—

1 Short Title.

1.—This Order may be cited as the Warble Fly (Treatment of Cattle) Order, 1936.

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 10 the interpretation of an Act of the Oireachtas.

3 Definitions.

3.—(1) In this Order—

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

the expression " the Minister " means the Minister for Agriculture;

the word " cattle " means bulls, cows, oxen, heifers and calves;

the expression " the treatment period " means the period commencing on the 15th day of March and ending on the 30th day of June.

the word " inspector " includes veterinary inspector;

the expression " approved spreader " means a spreader (other than soap) approved by the Minister;

the expression " cattle wash" means a fluid—

(a) which is made from water, a powdered derris root preparation, and either soap or an approved spreader, and

(b) each gallon whereof contains—

(i) not less than one and a half ounces of derris resin, or half an ounce of rotenone, and

(ii) either four ounces of soap or such quantity of an approved spreader as may be approved by the Minister;

the expression " cattle wash (warble fly) powder " means a powdered derris root preparation which, when water and either soap or an approved spreader are added thereto, will produce cattle wash ;

the expression " cattle wash (warble fly) (compound) powder'" means a powder, consisting of a powdered derris root preparation and either soap or an approved spreader, which, when water is added thereto, will produce cattle wash ;

other words and expressions have the same meanings as in the Diseases of Animals (Ireland) Acts, 1894 to 1935.

(2) Where—

(a) a fluid is made from a preparation contained in a sealed package upon the outside of which there are printed—

(i) the words " cattle wash (warble fly) powder " or " cattle wash (warble fly) (compound) powder ", and

(ii) the words " Approved by the Minister for Agriculture ", and

(iii) the name of the manufacturer of such preparation, and

(iv) directions as to the manner in which such preparation is to be used for the purpose of producing cattle wash therefrom, and

(b) such directions are complied with in the making of such fluid,

such fluid shall be deemed for the purposes of this Order to be cattle wash.

4 Compulsory treatment of infested cattle.

4.—(1) Every person having in his possession or in his charge any cattle which are visibly infested with the larvæ of the warble fly (hypoderma bovis or hypoderma lineatum) shall, for the purposes of destroying the larvæ, take the measures directed by this Order.

(2) For the purposes referred to in the immediately preceding paragraph, the measures directed by this Order shall be either of the following—

A. The cattle shall during the treatment period in each year be treated as follows :—

(i) the cattle shall be dressed with cattle wash at intervals of not more than twenty-eight days between each dressing,

(ii) such dressings shall commence between the 15th and 22nd days of March (both days inclusive) in such period or as soon thereafter as the larvæ appear under the skin of the backs of the cattle and shall continue so long as the larvæ so appear,

(iii) cattle wash shall be applied in such manner that it shall come into contact with the larvæ through the breathing holes made by them in the skin of the cattle, or

B. The cattle shall during the treatment period in each year be subjected to the following treatment :—

(i) any ripe larvæ shall be either squeezed out of the backs of the cattle or removed by other mechanical means and destroyed,

(ii) such treatment shall commence between the 15th and 22nd days of March (both days inclusive) in such period or as soon thereafter as the larvæ have reached a stage at which they can be so removed,

(iii) such treatment shall be repeated at such intervals —not exceeding ten days—as may be necessary to prevent the escape of live larvæ and until the larvæ no longer appear under the skin of the backs of the cattle.

5 Enforcement of order by local authority.

5. Without prejudice to sub-section (1) of section 43 of the Act, the provisions of this Order shall be enforced by the local authority.

6 Appointment of temporary inspectors.

6.—(1) Every local authority shall temporarily appoint, for service during the treatment period in each year, as many additional inspectors as may be necessary to enable proper supervision to be maintained on behalf of the local authority with a view to securing the carrying out in their district of the measures directed by this Order in relation to cattle infested with the warble fly.

(2) Appointments under this Order and the remuneration of persons appointed shall be subject to the approval of the Minister in each case.

(3) If it appears to the Minister that a local authority has failed—

(a) to make within a reasonable time the appointments required by this Order, or

(b) to make a sufficient number of such appointments,

the Minister may issue to such local authority a certificate under his seal specifying what number of appointments or of further appointments as the case may be are requisite for the purposes of this Order in the district of the local authority and specifying also, if the Minister sees fit, the rates of remuneration of the inspectors to be appointed and the areas for which they should act, and the local authority, on receipt of such certificate, shall proceed without avoidable delay, to make the requisite appointments in accordance with the terms of the certificate.

7 Taking of samples of cattle wash by inspectors.

7.—Every owner or person in charge of cattle which are being treated with cattle wash under this Order shall permit and afford every facility to an inspector to take samples of any cattle wash which is being or has been used in treating such cattle.

8 Treatment of infested cattle by local authority.

8.—(1) Where an inspector reports to a local authority that any owner or person in charge of cattle which are visibly infested with the larvæ of the warble fly has not taken in relation to such cattle the measures directed by this Order, the local authority may direct an inspector of the local authority to serve on such owner or person a notice in the form set out in the Schedule hereto, requiring such cattle to be detained on the farm, holding or other place in which they are at the time such notice is served until an inspector authorises their removal, and requiring such owner or person to carry out within seven days the other requirements set out in such notice, and such inspector shall comply with such direction.

(2) Where a notice under this section is served on any owner or person in charge of cattle, the following provisions shall have effect, that is to say :—

(a) such owner or person shall comply with the requirements of such notice,

(b) if such owner or person fails to comply with the terms of such notice relating to the treatment of such cattle, the following provisions shall have effect, that is to say :—

(i) the local authority may cause such cattle to be treated in accordance with the requirements of the notice at the expense of such owner or person, and for this purpose any inspector of the local authority may enter any land on which the cattle may be or may reasonably be believed to be, and

(ii) the cost of such treatment shall be paid by such owner or person on demand to the local authority, and may be recovered by the local authority from such owner or person as a simple contract debt in a court of competent jurisdiction,

(c) the exercise by the local authority of the powers conferred on them by this paragraph shall not relieve such person from any penalty which may be incurred by him under the Act by reason of his failure to take the measures directed by this Order or his failure to comply with the requirements of such notice.

9 Regulations by local authority restricting movement of cattle into their district.

9.—(1) A local authority may, subject to the prior approval of the Minister, make such regulations under this Order as they think fit for regulating the movement by land or water of cattle into their district from the district of any other local authority.

(2) The power to make regulations under this Order shall be exercised only by a local authority or their executive committee and shall not be deputed to any other committee or to a sub-committee.

10 Weekly returns by inspectors of local authorities.

10.—Every inspector of a local authority executing and enforcing the provisions of this Order shall make a return weekly, on a form provided by the Minister, giving all particulars therein required, to his local authority, who shall, if directed, forward a copy to the Minister.

11 Precautions as to disposal of waste cattle wash.

11.—Every owner or person in charge of cattle which are being or have been treated under this Order shall take all reasonable precautions to prevent used or unused waste cattle wash from entering any stream, reservoir, aqueduct, well or pond.

12 Restriction on sale, etc., of certain preparations.

12.—(1) It shall not be lawful for any person, who manufactures any preparation purporting to be cattle wash (warble fly) powder or cattle wash (warble fly) (compound) powder, to deliver on sale such preparation, unless—

(a) such preparation is cattle wash (warble fly) powder or cattle wash (warble fly) (compound) powder, and

(b) such preparation is approved by the Minister,

(c) such preparation is contained in a sealed package upon the outside of which there are printed—

(i) the words " cattle wash (warble fly) powder" or " cattle wash (warble fly) (compound) powder ", and

(ii) the words " Approved by the Minister for Agriculture ", and

(iii) the name of such person, and

(iv) directions as to the manner in which such preparation is to be used for the purpose of producing cattle wash therefrom.

(2) It shall not be lawful for any person (other than the manufacturer thereof) to sell or offer for sale any preparation purporting to be cattle wash (warble, fly) powder or cattle wash (warble fly) (compound) powder unless such preparation is contained in a sealed package upon the outside of which there are printed—

(a) the words " cattle wash (warble fly) powder " or " cattle wash (warble fly) (compound) powder ", and

(b) the words " Approved by the Minister for Agriculture ", and

(c) the name of the manufacturer of such preparation, and

(d) directions as to the manner in which such preparation is to be used for the purpose of producing cattle wash therefrom.

13 Offences.

13.—Any person aiding, abetting, counselling or procuring the commission of any breach of the provisions of this Order shall be guilty of an offence against the Act.

SCHEDULE.

WARBLE FLY (TREATMENT OF CATTLE) ORDER, 1936.

NOTICE AS TO DETENTION AND TREATMENT.

To .............................................

of ............................................................ ............................................................ ..................

I, the undersigned, being an Inspector appointed by the local authority of the county (or county borough) of ............................................................ .........................hereby require the following cattle, namely :—

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

to be detained on or in the following farm, holding, or premises, viz.,............................................................ ............................................................ ...............

until an inspector authorises their removal, and further require you to have all the cattle specified in this notice treated in the manner directed by the above-mentioned Order within seven days from the date of this notice.

Your attention is directed to the fact that in consequence of this notice and of the provisions of the said Order, it is not lawful for any person to move any of the cattle therein described from or out of the place of detention specified in this notice until an inspector authorises their removal.

Dated this.....................day of............................................................ ............, 19....

(Signed) ............................................................ ......................................................

(Inspector)

Given under the Official Seal of the Minister for Agriculture this 29th day of January, Nineteen Hundred and Thirty-Six.

(Signed) D. TWOMEY,

Secretary.