S.I. No. 39/1961 - Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) Order, 1961.

S.I. No. 39 of 1961.

BOVINE TUBERCULOSIS (CONTROL OF MOVEMENT AND PUBLIC SALES OF CATTLE) ORDER, 1961.

ARRANGEMENT OF ARTICLES.

Article

1. Short title and commencement.

2. Definitions.

3. General restriction on movement into the area.

4. Permits for movement into the area.

5. Movement into and out of approved premises.

6. Movement into and out of herds.

7. Licences for movement into the area or into herds in the area.

8. Control of public sales of Cattle.

9. Inspection of documents.

10. Examination of cattle by authorised officers.

11. Production by authorised officer of appointment.

12. Compliance with conditions of permit, approval or licence.

S.I. No. 39 of 1961.

BOVINE TUBERCULOSIS (CONTROL OF MOVEMENT AND PUBLIC SALES OF CATTLE) ORDER, 1961.

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), as amended by section 5 of the Diseases of Animals Act, 1960 (No. 26 of 1960), order as follows :

1 Short title and commencement.

1.—(1) This Order may be cited as the Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) Order, 1961.

(2) This Order shall come into operation on the 1st day of March, 1961.

2 Definitions.

2. In this Order—

" the area " means such area as consists of—

(a) the administrative counties of Kildare, Louth, Meath and Offaly,

(b) the administrative county of Westmeath exclusive of the part lying west of the River Shannon and the part lying west of the River Inny, and

(c) the part of the administrative county of Wicklow consisting of the rural district of Baltinglass No. 1 as existing immediately before the 1st day of October, 1925 ;

" attested " means, in relation to an animal, that it is—

(a) of an attested herd,

(b) from an attested area,

(c) of a herd in Northern Ireland which, under the law of Northern Ireland, is a herd corresponding to an attested herd, or

(d) from an area in Northern Ireland which, under the law of Northern Ireland, is an area corresponding to an attested area ;

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

" clear herd " means a herd of cattle, in the area consisting of the administrative counties of Cavan, Longford and Monaghan and that part of the administrative county of Westmeath lying west of the River Inny, 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 that area was declared by order of the Minister to be a clearance area ;

" the Minister " means the Minister for Agriculture ;

" 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.

3 General restriction on movement into the area.

3. Cattle shall not be moved into the area except as provided for by this Order.

4 Permits for movement into the area.

4.—(1) Subject to paragraphs (2), (3) and (4) of this Article, cattle of the following classes may be moved into the area under permit under this Article :

(a) attested cattle,

(b) cattle (other than attested cattle) which come from a clear herd in respect of which identity cards have been issued by the Minister,

(c) cattle which come from any other clear herd,

(d) cattle which, during the period of 14 days ending immediately before the day of their entry into the area, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960 ( S.I. No. 176 of 1960 ), and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by that Order and have passed the test,

(e) cattle intended for slaughter at premises registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, or licensed under the Slaughter of Cattle and Sheep Acts, 1934 to 1936, within such period as may be specified in the permit,

(f) cattle being moved through the area to destinations outside the area without being unloaded or sold or otherwise disposed of within the area.

(2) Where cattle referred to in subparagraph (a) of paragraph (1) of this Article are being moved into the area, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are attested cattle and authorising their movement from the place from which they came.

(3) Where cattle referred to in subparagraph (b) of paragraph (1) of this Article are moved into the area, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are from a clear herd in respect of which identity cards have been issued by the Minister and authorising their movement from the place from which they came.

(4) Where cattle referred to in subparagraph (d) of paragraph (1) of this Article are being moved into the area, the person in charge of the cattle shall have in his possession—

(a) where the test was carried out in the State—

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

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

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

(b) 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) Each of the following persons may, subject to the cattle concerned being examined by him, issue permits for the purposes of this Article, except in the case of cattle referred to in subparagraphs (a), (b) and (c) of paragraph (1) of this Article :

(i) an authorised officer,

(ii) a member of the Gárda Síochána,

(iii) an officer of customs and excise,

(iv) a preventive officer at a customs or frontier post.

(b) In the case of cattle referred to in subparagraphs (a), (b) and (c) of paragraph (1) of this Article, permits for the purposes of this Article may be issued by an authorised officer.

5 Movement into and out of approved premises.

5.—(1) Where cattle referred to in subparagraph (d) of paragraph (1) of Article 4 of this Order are moved into the area under permit—

(a) the cattle shall not be moved except into premises within the area approved of by the Minister for that purpose ;

(b) the cattle shall not be moved out of the approved premises, except under permit under this Article issued by an authorised officer ;

(c) if the cattle are on the approved premises after the expiration of the period of validity of the relevant veterinary certificate or market clearance certificate, they shall be retained in isolation on the approved premises until they have been again tested with tuberculin ;

(d) the owner of the cattle shall make (and shall produce to a veterinary inspector or authorised officer, on request) a record with respect to such cattle indicating the tattoo marks and ear tag numbers of the animals and the manner of disposal of the animals.

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

(a) subject to such conditions as the Minister considers appropriate and specifies in the approval, and

(b) in respect of a limited period or without limitation as to period.

(3) An authorised officer may, at his discretion, issue permits for the purposes of this Article.

(4) This Article shall not apply to cattle moved into the area if they are moved into isolation in a herd which is owned by the person moving them.

6 Movement into and out of herds.

6.—(1) Cattle shall not be moved into a herd in the area except as provided for by paragraph (2) of this Article.

(2) Subject to paragraphs (3), (4) and (5) of this Article, cattle of the following classes may be moved into a herd in the area :

(a) attested cattle ;

(b) cattle (other than attested cattle) from a clear herd in respect of which identity cards have been issued by the Minister ;

(c) cattle from any other clear herd ;

(d) cattle which, during the period of 14 days ending immediately before the day of their entry into the herd, have completed a test pursuant to 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 that Order and have passed the test ;

(e) cattle from a herd in the area, being a herd of which the most recent test with tuberculin was a clear test, that is to say, a test at which all animals in the herd were tested and passed the test,

(f) cattle which have been subjected once or more often to a test for tuberculosis within the area and, in case they have been subjected to one such test only, they have passed that test or, in case they have been subjected to more than one such test, they have passed the last of those tests.

(3) Where cattle referred to in subparagraph (a) of paragraph (2) of this Article are being moved into a herd, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are attested cattle and authorising their movement from the place from which they came.

(4) Where cattle referred to in subparagraph (b) of paragraph (2) of this Article are being moved into a herd, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are from a clear herd in respect of which identity cards have been issued by the Minister and authorising their movement from the place from which they came.

(5) Where cattle referred to in subparagraph (d) of paragraph (2) of this Article are being moved into a herd, the person in charge of the cattle shall have in his possession—

(a) where the test was carried out in the State—

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

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

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

(b) 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 the test.

(6) Where cattle referred to in subparagraph (d) of paragraph (2) of this Article have been moved into a herd in the area, being a herd of which the most recent test with tuberculin was a clear test, that is to say, a test at which all animals in the herd were tested and passed the test—

(a) the cattle shall not, except under permit under this Article, be moved out of the herd unless and until they have been subjected to a test with tuberculin arranged by the Minister and have passed the test, and

(b) so long as the cattle remain in the herd and have not been so tested, they shall be isolated from all other cattle in the herd (except cattle which have been moved into isolation in the herd).

(7) An authorised officer may, at his discretion, issue permits for the purposes of this Article.

7 Licences for movement into the area or into herds in the area.

7.—(1) Subject to paragraph (3) of this Article and notwithstanding any other provision of this Order, cattle may be moved into the area or into a herd in the area under licence under this Article.

(2) The Minister may, at his absolute discretion, issue licences for the purposes of this Article.

(3) Where the Minister issues a licence under this Article, he may attach to and specify in the licence any conditions (including conditions to be fulfilled after the cattle have been moved into the area or herd) which he considers appropriate.

8 Control of public sales of cattle.

8. A bovine animal which has failed any test for tuberculosis shall not be exposed at any public sale of cattle which is held in the area.

9 Inspection of documents.

9. A person having in his possession pursuant to this Order any permit, licence or certificate shall, on demand made by a member of the Garda Síochána or an authorised officer, produce it for inspection by such member or officer.

10 Examination of cattle by authorised officers.

10. An authorised officer may examine any cattle being moved into the area or into premises approved of under this Order or into herds in the area or exposed at any public sale in the area and may make any inquiries in relation to the cattle as may be reasonably necessary for the administration of this Order.

11 Production by authorised officer of appointment.

11. 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 concerned.

12 Compliance with conditions of permit, approval or licence.

12. The conditions specified in any permit, approval or licence issued under this Order shall be complied with.

GIVEN under my Official Seal, this 27th day of February, 1961.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order—

(a) prohibits movement of cattle, except under permit, into Counties Kildare, Louth, Meath, Offaly, Westmeath (excluding those parts of that county lying west of the River Shannon and west of the River Inny) and the part of county Wicklow consisting of the rural district of Baltinglass No. 1,

(b) specifies the classes of cattle for which such permits shall be granted,

(c) regulates movement of cattle into and out of herds in the Area and

(d) prohibits exposure of reactors at any public sale held in the Area.