S.I. No. 106/1962 - Bovine Tuberculosis (Control of Movement) Order, 1962.

S.I. No. 106 of 1962.

BOVINE TUBERCULOSIS (CONTROL OF MOVEMENT) ORDER, 1962.

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 herds.

6. Inspection of documents.

7. Examination of cattle by authorised officers.

8. Production by authorised officer of appointment.

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

S.I. No. 106 of 1962.

BOVINE TUBERCULOSIS (CONTROL OF MOVEMENT) ORDER, 1962.

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) Order, 1962.

(2) This Order shall come into operation on the 15th day of June, 1962.

2 Definitions.

2. In this Order—

" the area " means such area as consists of—

(a) the administrative counties of Cork, Kerry, Kilkenny, Tippperary North Riding, Tipperary South Riding and Waterford,

(b) the county boroughs of Cork and Waterford,

(c) the administrative county of Limerick, exclusive of the part thereof lying north of the river Shannon, and

(d) the county borough of Limerick, exclusive of the part thereof lying north of the river Shannon;

" 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 ;

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

" Bovine Tuberculosis Eradication Scheme " means the scheme for the eradication of bovine tuberculosis which was initiated by the Minister in September, 1954 ;

" clear herd " means a herd of cattle in a clearance area, the most recent test of which was a clear test (that is to say, a test with tuberculin at which no reactor was disclosed and which was carried out subsequent to the date on which the clearance area was declared by order of the Minister to be a clearance area) ;

" the Minister " means the Minister for Agriculture.

3 General restriction on movement into the area.

3. Cattle, other than cattle from a clear herd, 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), (4) and (5) 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 herd in respect of which identity cards have been issued by the Minister,

(c) 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 ), or a test under the Bovine Tuberculosis Eradication Scheme, and have passed the test,

(d) cattle being moved direct to 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, and which are intended for slaughter in such premises within such period as may be specified in the permit,

(e) cattle being moved direct for export by sea from the county borough of Cork or Waterford 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) (a) It shall not be lawful for any person to move into the area under permit under this Article any animal unless there has been inserted in the left ear of the animal before it is so moved an approved ear-tag.

(b) In this paragraph " approved ear-tag " means an ear-tag which—

(i) is such that, when inserted in the ear of the animal, it becomes effectively closed and, if subsequently removed, cannot be used again ;

(ii) is such that, if identification letters or numbers borne by the ear-tag are altered (whether by addition, deletion or variation) the alteration is evident as such, and

(iii) is made of rigid durable material and is clearly legible.

(3) 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.

(4) Where cattle referred to in subparagraph (b) 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 from a 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 (c) 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 completed pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, a tuberculin test certificate (export) or a tuberculin test certificate (domestic) issued under that Order, or a market clearance certificate in respect of such cattle ;

(b) where the test was completed under the Bovine Tuberculosis Eradication Scheme, a certificate issued by the veterinary surgeon who carried out the test.

(6) (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) and (b) of paragraph (1) of this Article :

(i) an authorised officer,

(ii) a member of the Garda 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) and (b) 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 herds.

5.—(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 herd in respect of which identity cards have been issued by the Minister ;

(c) cattle from a 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, or a test under the Bovine Tuberculosis Eradication Scheme, 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 ;

(g) cattle from a herd in the area which have never been subjected to a test for tuberculosis.

(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 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 completed pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, a tuberculin test certificate (export) or a tuberculin test certificate (domestic) issued under that Order, or a market clearance certificate in respect of such cattle ;

(b) where the test was completed under the Bovine Tuberculosis Eradication Scheme, a certificate issued by the veterinary surgeon who carried out the test.

(6) Where cattle referred to in subparagraphs (d), (f) and (g) 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.

6 Inspection of documents.

6. 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 Siochana or an authorised officer, produce it for inspection by such member or officer.

7 Examination of cattle by authorised officers.

7. An authorised officer may examine any cattle being moved into the area or into herds in the area and may make any inquires relation to the cattle as may be reasonably necessary for the administration of this Order.

8 Production by authorised officer of appointment.

8. 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.

9 Compliance with conditions of permit, approval or licence.

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

GIVEN under my Official Seal, this 13th day of June, 1962.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order (1) prohibits the movement of cattle, except under permit, into the area consisting of the counties of Cork, Kerry, Kilkenny, Limerick, Tipperary and Waterford (including the county boroughs of Cork, Limerick, and Waterford, but excluding the part of Limerick city and county north of the River Shannon), and (2) regulates the movement of cattle into and out of herds in the area.