S.I. No. 180/1960 - Bovine Tuberculosis (Control of Public Sales of Cattle) Order, 1960.

S.I. No. 180 of 1960.

BOVINE TUBERCULOSIS (CONTROL OF PUBLIC SALES OF CATTLE) ORDER, 1960.

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 (Control of Public Sales of Cattle) Order, 1960.

(2) This Order shall come into operation on the 5th day of September, 1960.

2 Definitions.

2. In this Order—

"the Minister" means the Minister for Agriculture;

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

"public sale" means any sale of cattle other than—

(a) a sale by a farmer of his own cattle on his own farm, or

(b) a sale of cattle specifically authorised by the Minister and held in accordance with any conditions attached to the authorisation;

"the area" means such area as consists of the administrative county of Galway;

"clear herd" means a herd of cattle which has had at least two successive clear tests (that is to say, tests with tuberculin at which all animals in the herd were tested and passed the tests) subsequent to the date on which the area in which the herd is situated was declared by Order of the Minister to be a clearance area.

3 Control of premises for public sales of cattle in the area.

3. (1) A person shall not expose cattle at a public sale in the area save in premises approved of by the Minister.

(2) The Minister, at his discretion, may grant and revoke approvals for the purposes of this Article and any such approval—

(a) may be granted either subject to such conditions as the Minister considers appropriate and specifies in the approval or without conditions, and

(b) may be granted either in respect of a limited period or without limitation as to period.

4 Control of public sales of cattle in the area.

4. (1) A bovine animal shall not be exposed at any public sale of cattle held in the area except as provided for in this Article.

(2) Subject to Article 5 of this Order, cattle of the following classes only may be exposed at a public sale all cattle in the area:—

(a) cattle coming directly from an attested herd or from a herd of cattle in Northern Ireland which, under the law of Northern Ireland, is an attested herd,

(b) cattle coming directly from an attested area or from am area in Northern Ireland which, under the law of Northern Ireland, is an attested area,

(c) cattle from a clear herd in respect of which identity cards have been issued by the Department of Agriculture indicating that the cattle are from a clear herd,

(d) cattle from any other clear herd—

(i) in the area, or

(ii) in the area as defined in the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960, or

(iii) in the administrative counties of Clare, Leitrim, Roscommon, Cavan, Monaghan, those parts of the administrative county of Limerick and the county borough of Limerick lying north of the River Shannon and that part of the administrative county of Westmeath lying west of that river,

(e) cattle which, during the period of 14 days ending at the material time have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Orders, 1958 to 1960, or the Bovine Tuberculosis (14-Day Test) Order, 1960, and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by these Orders, and have passed the test.

5 Documents in relation to cattle at public sales in the area.

5. (1) Where cattle referred to in subparagraph (a) or (b) of paragraph (2) of Article 4 of this Order are exposed at a public sale of cattle in the area, the person in charge of the cattle shall have in his possession documents establishing that the cattle are from an attested herd or area and authorising their movement from the place from which they came.

(2) Where cattle referred to in subparagraph (c) of paragraph (2) of Article 4 of this Order are exposed at a public sale of cattle in the area, the person in charge of the cattle shall have in his possession the identity cards issued by the Department of Agriculture indicating that the cattle are from a clear herd.

(3) Where cattle referred to in subparagraph (d) of paragraph (2) of Article 4 of this Order are exposed at a public sale of cattle in the area, the person in charge of the cattle shall have in his possession a certificate issued by a veterinary surgeon that the cattle are from a clear herd.

(4) Where cattle referred to in subparagraph (e) of paragraph (2) of Article 4 of this Order arc exposed at a public sale of cattle in the area, the person in charge of the cattle shall have in his possession—

(a) where the test was carried out—

(i) in the area, or

(ii) in the area as defined in the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960, or

(iii) in the area consisting of the administrative counties of Clare, Leitrim, Roscommon, the parts of the administrative county of Limerick and the county borough of Limerick lying north of the River Shannon and the part of the administrative county of Westmeath lying west of that river.—

(I) a tuberculin test certificate issued under the Bovine Tuberculosis (14-Day Test) Order, 1958, or

(II) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(III) a tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(IV) a market clearance certificate in respect of the cattle,

(b) where the test was carried out elsewhere in the State—

(i) a tuberculin test certificate issued under the Bovine Tuberculosis (14-Day Test) Order, 1958, or

(ii) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iii) a market clearance certificate in respect of the cattle,

(c) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.

(5) A person having in his possession pursuant to this Article any documents or certificates shall, on demand made by a member of the Garda Síochána or an authorised officer, produce the documents or certificates for inspection by such member or officer.

6 Examination of bovine animals by authorised officers.

6. An authorised officer may examine any bovine animal aged one year or over exposed at any public sale of cattle held in the area and may make any inquiries in relation to the animal as may be reasonably necessary for the administration of this Order.

7 Production by authorised officer of his appointment.

7. Where an authorised officer makes a demand or an examination pursuant to this Order, he shall, if requested, produce his appointment for examination by the person on whom he makes the demand.

8 Restriction of Bovine Tuberculosis (Control of Public Sales of Cattle) (Counties of Sligo, Clare, Galway, Leitrim, Roscommon, Donegal and Mayo) Order, 1959.

8. The Bovine Tuberculosis (Control of Public Sales of Cattle) (Counties of Sligo, Clare, Galway, Leitrim Roscommon, Donegal and Mayo) Order, 1959 ( S.I. No. 110 of 1959 ), shall, in so far as it applies to the county of Galway, cease to have effect.

GIVEN under my Official Seal, this 18th day of August, 1960.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order regulates public sales of cattle held in County Galway and specifies the classes of cattle which may be exposed at such sales.