S.I. No. 78/1958 - Bovine Tuberculosis (Clearance Area) (No. 1) Order, 1958.

S.I. No. 78 of 1958.

BOVINE TUBERCULOSIS (CLEARANCE AREA) (No. 1) ORDER, 1958.

I, PATRICK SMITH, Minister for Agriculture, it appearing to me to be necessary for the purpose of the progressive eradication of bovine tuberculosis, do hereby, in exercise of the powers conferred on me by section 22 of the Diseases of Animals Act, 1894, and section 2 of the Diseases of Animals (Bovine Tuberculosis) Act, 1957 (No. 14 of 1957), order as follows :

1 Short title and commencement.

1. (1) This Order may be cited as the Bovine Tuberculosis (Clearance Area) (No. 1) Order, 1958.

(2) This Order shall come into operation on the 31st day of March, 1958.

2 Definitions.

2. In this Order—

" the Act " means the Diseases of Animals (Bovine Tuberculosis) Act, 1957 (No. 14 of 1957) ;

" the area " has the meaning specified in Article 3 ;

" authorised officer " means a person appointed by the Minister to be an authorised officer for the purposes of this Order ;

" herd " includes a herd consisting of one animal only ;

" the Minister " means the Minister for Agriculture ;

" the Principal Act " means the Diseases of Animals Act, 1894, as amended or adapted by or under subsequent enactments.

3 Declaration of area.

3. Such area as consists of the administrative counties of Clare, Donegal, Galway, Leitrim, Mayo and Roscommon (in this Order referred to as the area) is hereby declared to be an area in which bovine tuberculosis is to be eradicated.

4 Obligatory tests and regulation of testing with tuberculin.

4. (1) The owner of any herd of cattle in the area who has not had his cattle tested for tuberculosis under the Bovine Tuberculosis Eradication Scheme or has not arranged for his cattle to be so tested shall, before the 1st day of July, 1958, arrange for the testing of his cattle in accordance with that Scheme.

(2) As from the 1st day of July, 1958, all herds of cattle in the area shall be tested annually (that is to say, once in each period of twelve months beginning on the 1st day of July) for tuberculosis, excepting any reactors from previous tests, and the owners respectively of such herds shall cause such tests to be carried out.

(3) The veterinary surgeon who carries out any test pursuant to this Article or to Article 7 of this Order shall report the result thereof to the Minister without delay and give a statement of the result to the owner of the herd.

(4) Cattle in the area shall not be tested with tuberculin except—

(a) in accordance with the requirements of the Diseases of Animals Acts, 1894 to 1957, or any Order made thereunder,

(b) as required by the Minister under the Milk and Dairies (Special Designation) Regulations, 1938 to 1955,

(c) as required by the Minister for the testing of bulls intended to be brought to a show or sale or intended to be used or used for artificial insemination,or

(d) by a registered veterinary surgeon in the ordinary course of his practice.

(5) In this Article " Bovine Tuberculosis Eradication Scheme " means the scheme for the eradication of bovine tuberculosis which was initiated by the Minister in September, 1954.

5 Isolation and maintenance.

5. Where, as the result of any test of cattle in the area for tuberculosis, a reactor is disclosed, the owner or person in charge of the reactor shall immediately take all practicable steps to secure the effective isolation of the reactor and its maintenance pending its being taken possession of by or on behalf of the Minister or removed out of the area or slaughtered.

6 Disposal of reactors.

6. (1) Where, as a result of any test of cattle in the area for tuberculosis, a reactor is disclosed—

(a) possession of the reactor may, by agreement, be taken by or on behalf of the Minister and the reactor may be disposed of as the Minister thinks fit,

(b) in default of agreement as aforesaid, a veterinary inspector may, by notice in the form specified in the First Schedule to this Order served on the owner of the reactor, require the slaughter or removal out of the area of the reactor, within the period specified in the notice,

(c) in case there is a failure to comply with the requirements of the said notice, a veterinary inspector or authorised officer may, on production, if requested, of his appointment, take possession of the reactor (such inspector or authorised officer being for this purpose hereby authorised to enter, accompanied by such assistants and vehicles as he may reasonably consider to be necessary, on any land or premises at any reasonable time) and it may be disposed of as the Minister thinks fit.

(2) The cost of taking possession of any cattle pursuant to subparagraph (c) of paragraph (1) of this Article, and of thereafter maintaining the cattle and disposing of them, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

7 Restriction on movement.

7. (1) Cattle (other than yearlings or younger cattle) shall not be moved into a herd in the area from outside the area except—

(a) directly from an accredited herd or a highest grade herd and accompanied by a certificate, signed by a registered veterinary surgeon, specifying the owner and address of the premises from which the movement takes place and, as respects each animal moved, its identification mark and the date of the last test for tuberculosis to which it was subjected and which it had passed, or

(b) accompanied by a certificate, signed by a registered veterinary surgeon, specifying that such surgeon had, on a stated day (being not more than 14 days before the day of the movement), tested for tuberculosis (either in accordance with Article 3 of the Bovine Tuberculosis (General Provisions) Order, 1957, or by means of the single intradermal tuberculin test with P.P.D. Weybridge mammalian tuberculin) each animal moved and that each animal moved had passed the test.

(2) A certificate referred to in the foregoing paragraph shall be retained by the owner of the herd into which movement takes place and shall be produced by him for inspection by an authorised officer on demand.

(3) Where an authorised officer makes a demand pursuant to paragraph (2) of this Article, he shall, if requested, produce his appointment for examination by the person on whom he makes the demand.

(4) An authorised officer may, by notice in writing, served on the occupier of any land or premises in the area, require such occupier to keep any specified animals on the land or premises,being animals affected or suspected of being affected or capable of infecting cattle with tuberculosis, under specified control or to confine such animals to a specified part of the land or premises.

8 Disinfection of premises.

8. (1) An authorised officer may, by notice in writing served on the occupier of premises in the area on which a reactor has been disclosed, require such occupier to cleanse and disinfect specified parts of the premises within a specified period and in accordance with the provisions set out in the Second Schedule to this Order.

(2) A copy of the said provisions shall be incorporated with a notice served pursuant to this Article.

(3) In case there is a failure to comply with the requirements of a notice under this Article, the Minister may cause the requirements to be carried out, and the persons carrying out the requirements on behalf of the Minister are hereby authorised to enter on the relevant premises at any reasonable time for the purpose of carrying out the requirements.

(4) The cost of carrying out pursuant to paragraph (3) of this Article the requirements of a notice under this Article may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

9 Repair or reconstruction of cow byres.

9. A veterinary inspector may, by notice in writing served on the occupier of any land in the area, require such occupier to carry out specified repair or reconstruction of cow byres or boundary fences on the land within a specified period.

10 Records.

10. (1) The owner of any herd of cattle in the area shall keep records showing—

(a) cattle in the herd and their identification marks and types,

(b) births and deaths of cattle in the herd, and

(c) cattle comprised in any movement into or out of the herd and, as respects any such movement, the date thereof, the address of the premises from or to which the movement took place, the name of the vendor or purchaser (as the case may be) and, in relation to each animal moved out of the herd, whether or not it was for slaughter.

(2) A person keeping records under this Article shall produce the records for inspection by an authorised officer on demand.

(3) Where an authorised officer makes a demand pursuant to paragraph (2) of this Article, he shall, if requested, produce his appointment for examination by the person on whom he makes the demand.

11 Omissions.

11. Where a person on whom a notice under this Order is served omits to carry out the requirements of the notice, the omission shall be an offence by him against the Principal Act.

FIRST SCHEDULE.

Article 6.

FORM A.

DISEASES OF ANIMALS ACTS, 1894 TO 1957.

Notice to owner of reactor.

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

Of.................................

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

I, the undersigned, being a Veterinary Inspector, hereby give you notice as the owner of the undermentioned animal which has reacted to a tuberculin test that—

(1) the said animal shall be caused by you to be slaughtered or removed from your premises to a place outside the area,

(2) such slaughter or removal must be effected within _______ days from the date of this notice, and

(3) in default of the slaughter or removal of the animal as specified, the Minister will take possession of the said animal and dispose of it as he thinks fit.

Dated this _____ day of ______________________, 19 _____.

Signed ___________________________

Veterinary Inspector.

Particulars of Animal.

SECOND SCHEDULE.

Article 8.

PROVISIONS RELATING TO CLEANSING AND DISINFECTION OF PREMISES.

1. Such parts of the premises as are to be cleansed and disinfected shall, before removal of the manure, be sprayed or saturated with an approved disinfectant.

2. The manure shall then be removed from the said parts and stocked in a place remote from cattle, goats and swine and shall not subsequently be spread on pasture land.

3. After the removal of the manure, the said parts shall be thoroughly scraped, the scrapings shall be removed and the said parts shall then be scrubbed and washed thoroughly with a 4 per cent. solution of washing soda in hot water and finally sprayed with an approved disinfectant.

4. All utensils or other articles used for or about any cattle which have reacted under a test for tuberculosis shall be thoroughly cleansed and washed with a 4 per cent. solution of washing soda in hot water.

5. The boots worn by, and the hands of, persons who have carried out the cleansing and disinfection shall be washed in an approved disinfectant.

6. In the foregoing provisions " approved disinfectant " means a disinfectant approved by the Minister for Agriculture under the Diseases of Animals (Disinfection) Order, 1931 ( S. R. & O. No. 59 of 1931 ).

GIVEN under my Official Seal, this 26th day of March, 1958.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

The effect of this Order is to declare Counties Clare, Donegal, Galway, Leitrim, Mayo and Roscommon a clearance area, i.e., an area in which bovine tuberculosis is to be eradicated. It introduces compulsory tuberculin testing of cattle in the Area ; enables the compulsory disposal and slaughter of reactors to the test ; provides for any necessary disinfection or repair of cow byres ; and regulates the movement of cattle into herds in the area.