S.I. No. 76/1963 - Bovine Tuberculosis (30-Day Test) Order, 1963.

S.I. No. 76 of 1963.

BOVINE TUBERCULOSIS (30-DAY TEST) ORDER, 1963.

ARRANGEMENT OF ARTICLES.

Article.

1. Short title and commencement.

2. Definitions.

3. Description of test.

4. Mode of test.

5. Restrictions on tests.

6. Restriction on exposure for sale.

7. Restriction on references in public announcements, etc.

8. Saver.

9. Amendments.

10. Revocations.

S.I. No. 76 of 1963.

BOVINE TUBERCULOSIS (30-DAY TEST) ORDER, 1963.

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 (30-Day Test) Order, 1963.

(2) This Order shall come into operation on the 20th day of May, 1963.

2 Definitions.

2. In this Order—

" 30-day tested " means, in relation to an animal, that it has been tested pursuant to and in accordance with this Order or under the Bovine Tuberculosis Eradication Scheme within the period of thirty days ending at the material time and has passed the test;

" 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;

" market clearance certificate " means a certificate in the form specified in the Second Schedule to this Order;

" the Minister " means the Minister for Agriculture;

" tuberculin test certificate " means a certificate in the form specified in the First Schedule to this Order.

3 Description of test.

3. The test to be used in the testing of cattle pursuant to this Order shall be the single intradermal comparative tuberculin test with P.P.D. Weybridge mammalian and avian tuberculins.

4 Mode of test.

4. (1) A test pursuant to this Order shall be carried out in accordance with the following requirements :

(a) the test shall be carried out by a registered veterinary surgeon authorised by the Minister in writing to carry out tests pursuant to this Order;

(b) the test shall be commenced and completed on the same premises;

(c) the whole of the test shall be carried out by the same veterinary surgeon;

(d) on the day on which the test is commenced, the veterinary surgeon carrying out the test shall send a notice of the test by post to the veterinary officer in charge of the district office established for the purposes of the administration of the Bovine Tuberculosis Eradication Scheme in the area in which the test is being carried out;

(e) (i) an approved ear-tag shall be inserted at the commencement of the test in the left ear of the animal if the animal does not already bear an approved ear-tag;

(ii) the approved ear-tag shall bear the identification letter appropriate to the county in which the test is carried out and a serial number;

(f) each site at which tuberculin is injected shall, immediately before the injection of the tuberculin, be closely clipped over an area not less than a circle of one inch diameter;

(g) (i) where an animal gives a positive reaction to a test carried out in an area which is not an attested area, the veterinary surgeon who carried out the test shall punch a diamond-shaped hole of five-eights of an inch size in the left ear of the animal and shall insert in the same ear an approved ear-tag bearing an approved disc, the approved disc being so fitted to the approved ear-tag that when the approved ear-tag is inserted the approved disc shall appear on the outside of the ear;

(ii) the approved ear-tag shall bear the letters RCTOR, the identification letter of the county in which the test is carried out and a serial number, and the approved disc shall bear the legend " Department of Agriculture, Reactor ";

(h) if the animal gives a negative reaction to the test the veterinary surgeon shall, on completion of the test, furnish a tuberculin test certificate to the owner or person in charge of the animal;

(i) a single tuberculin test certificate shall be furnished in respect of each animal unless two or more animals are intended for sale in one lot;

(j) the veterinary surgeon shall make (and shall produce to a veterinary inspector on request) a record with respect to the animal indicating the name and address of its owner,the time and date of the commencement of the test, the premises at which the test was conducted, the description and breed of the animal, the tattoo marks and approved ear-tag numbers of the animal, its age and sex and the interpretation of the test.

(2) Where an approved ear-tag and an approved disc are required to be inserted pursuant to subparagraph (g) of the foregoing paragraph, the owner or person in charge of the animal shall permit the insertion.

(3) Where an animal which has been injected with tuberculin pursuant to this Order is, in contravention of subparagraph (b) of paragraph (1) of this Article, not on the same premises at the time of completion of the test, the veterinary surgeon who injected the tuberculin shall not give a tuberculin test certificate in respect of any other animal which was injected with tuberculin pursuant to this Order at the same time and on the same premises.

(4) The Minister, at his discretion, may grant and revoke authorisations of registered veterinary surgeons to carry out tests pursuant to this Order.

(5) A veterinary surgeon shall, in the case of an animal which has given a positive reaction to a test carried out by him pursuant to this Order, send, within seven days of the completion of the test, to the veterinary officer in charge of the district office established for the purposes of the administration of the Bovine Tuberculosis Eradication Scheme in that area, a certificate in the form specified in the Third Schedule to this Order.

(6) In this Article " approved ear-tag " means an ear-tag which—

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

(b) 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

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

(7) In this Article " approved disc " means a disc made of rigid, durable material and having in the centre a slot of sufficient size to permit the disc when fitted to an approved ear-tag to move freely along the arm of the approved ear-tag.

(8) No person shall efface, obliterate, alter or remove any mark applied pursuant to this Article or apply any marking other than a marking applied pursuant to a test carried out under the Bovine Tuberculosis Eradication Scheme, that could be confused with such marking.

5 Restrictions on tests.

5. (1) Where a bovine animal has given a positive reaction to a test pursuant to this Order—

(a) a person shall not, unless he is unaware that the animal has given such a reaction to such a test, cause or permit the animal to be tested again with tuberculin, and

(b) a veterinary surgeon shall not, unless he is unaware that the animal has given such a reaction to such a test, again test the animal with tuberculin.

(2) Where a bovine animal has passed or given an inconclusive reaction to a test for tuberculosis pursuant to this Order, then, within the period beginning on the commencement of the test and ending on the expiration of thirty consecutive days the first of which is the day of the commencement of the test—

(a) a person shall not, unless he is unaware that the animal has passed or given an inconclusive reaction to such a test, cause or permit the animal to be tested again with tuberculin, and

(b) a veterinary surgeon shall not, unless he is unaware that the animal has passed or given an inconclusive reaction to such a test, again test the animal with tuberculin.

6 Restriction on exposure for sale.

6. (1) A bovine animal shall not be exposed for sale under the designation " 30-day tested " unless—

(a) it is a 30-day tested animal,

(b) it is accompanied by a tuberculin test certificate issued under this Order or a market clearance certificate, and

(c) it is suitably marked, for identification purposes, in accordance with this Order or the Bovine Tuberculosis Eradication Scheme.

(2) Where—

(a) a person proposes to expose for sale a bovine animal under the designation " 30-day tested " and

(b) a veterinary inspector or authorised officer, having examined the animal, informs the person that he is not satisfied that the relevant test has been carried out in accordance with the requirements of this Order or the Bovine Tuberculosis Eradication Scheme, or, whether or not that test has been completed, he suspects the accuracy thereof,the following provisions shall have effect :

(i) subject to the next subparagraph, the person shall not so expose for sale the animal by reference to that test and, if he is in possession of any certificate relating to that test, he shall surrender it to the veterinary inspector or authorised office,

(ii) if the person, by production of further evidence or otherwise, shows to the satisfaction of the veterinary inspector or authorised officer that the test was (as may be appropriate) carried out in accordance with the requirements of this Order or the Bovine Tuberculosis Eradication Scheme or was accurate, he may so expose for sale the animal by reference to that test and any certificate surrendered pursuant to the foregoing subparagraph shall be restored.

7 Restriction on references in public announcements, etc.

7. A person shall not, in any public announcement, advertisement or circular—

(a) in relation to a sale of 30-day tested cattle—refer to any of the cattle as having been tested save by the use of the expression " 30-day tested ", or

(b) in relation to a sale of cattle which have passed a test under the Bovine Tuberculosis Eradication Scheme (being cattle as respects which the Minister has specifically authorised the use in relation to them of a particular expression)—refer to any of the cattle as having been tested save by the use of that expression.

8 Saver.

8. Save as otherwise specified in this Order, nothing in this Order shall affect or restrict any Order previously made under the Diseases of Animals Acts, 1894 to 1957, or any of these Acts.

9 Amendments.

9. (1) Subparagraph (c) of paragraph (1) of Article 13, as amended by Article 6 of the Bovine Tuberculosis (Attested Area) (Amendment) (No. 6) Order, 1962 ( S.I. No. 169 of 1962 ), subparagraph (c) of paragraph (1) of Article 14, subparagraph (c) of paragraph (2) of Article 15, as amended by the said Article 6 of the said Bovine Tuberculosis (Attested Area) (Amendment) (No. 6) Order, 1962, and subparagraph (c) of paragraph (4) of Article 18, as so amended, of the Bovine Tuberculosis (Attested Area) Order, 1960 ( S.I. No. 236 of 1960 ), and subparagraph (c) of paragraph (1) of Article 4 and subparagraph (d) of paragraph (2) of Article 5 of the Bovine Tuberculosis (Control of Movement) Order, 1962 ( S.I. No. 106 of 1962 ), are hereby amended by the substitution in each case of " 30 days " for " 14 days ".

(2) Article 2 of the Bovine Tuberculosis (Control of Certain Tests) Order, 1960 ( S.I. No. 177 of 1960 ), subparagraph (c) of paragraph (1) of Article 13, as amended by Article 6 of the Bovine Tuberculosis (Attested Area) (Amendment) (No. 6) Order, 1962, subparagraph (c) of paragraph (2) of Article 15, as amended by the said Article 6 of the said Bovine Tuberculosis (Attested Area) (Amendment) (No. 6) Order, 1962, and subparagraph (c) of paragraph (4) of Article 18, as so amended, of the Bovine Tuberculosis (Attested Area) Order, 1960 ( S.I. No. 236 of 1960 ), and subparagraph (c) of paragraph (1) of Article 4 and subparagraph (d) of paragraph (2) of Article 5 of the Bovine Tuberculosis (Control of Movement) Order, 1962 ( S.I. No. 106 of 1962 ), are hereby amended by the substitution in each case of " the Bovine Tuberculosis (30-Day Test) Order, 1963 ", for " the Bovine Tuberculosis (14-Day Test) Order, 1960 ".

(3) Paragraph (4) of Article 13, as amended by Article 7 of the Bovine Tuberculosis (Attested Area) (Amendment) (No. 6) Order, 1962, paragraph (5) of Article 15, as so amended, and paragraph (3) of Article 19, as so amended, of the Bovine Tuberculosis (Attested Area) Order, 1960 ( S.I. No. 236 of 1960 ), paragraph (5) of Article 4, and paragraph (5) of Article 5 of the Bovine Tuberculosis (Control of Movement) Order, 1962 ( S.I. No. 106 of 1962 ), are hereby amended by the substitution in each case for subparagraphs (a) and (b) of " a tuberculin test certificate in the form specified in the First Schedule to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a market clearance certificate in respect of the cattle.".

(4) Subparagraph (c) of paragraph (1) of Article 13 of the Bovine Tuberculosis (Attested Area) Order, 1960 ( S.I. No. 236 of 1960 ), is hereby further amended by the deletion of " ( S.I. No. 176 of 1960 ) ".

(5) Subparagraph (c) of paragraph (1) of Article 4 of the Bovine Tuberculosis (Control of Movement) Order, 1962 ( S.I. No. 106 of 1962 ), is hereby further amended by the deletion of " ( S.I. No. 176 of 1960 ) ".

10 Revocations.

10. The Bovine Tuberculosis (14-Day Test) Order, 1960 ( S.I. No. 176 of 1960 ), and the Bovine Tuberculosis (14-Day Test) (Amendment) Order, 1961 ( S.I. No. 125 of 1961 ), are hereby revoked.

FIRST SCHEDULE.

Bovine Tuberculosis (30-day Test) Order, 1963.

TUBERCULIN TEST CERTIFICATE.

I, .............................., M.R.C.V.S., hereby certify that I have applied a Tuberculin Test with Weybridge tuberculins pursuant to and in accordance with the above-mentioned Order under the Bovine Tuberculosis Eradication Scheme

*____________________________________________________________________________

to the animal hereinafter specified and that this animal passed the test. The whole of the test was carried out by me personally.

Owner ............................................................ ......................................................

Premises at which

test was conducted ............................................................ ..............................

Date and time of—

(to be inserted in writing)

(a) injection : Time ...... Date ...... Month ............ 196 .

(b) reading : Time ...... Date ...... Month ............ 196 .

Dated this ............ day of ........................, 196...........

Signature of Veterinary Surgeon ................................

Address ............................................................ ........

*Delete whichever is inappropriate.

SECOND SCHEDULE.

Bovine Tuberculosis (30-day Test) Order, 1963.

MARKET CLEARANCE CERTIFICATE.

I, the undersigned, being an authorised officer for the purposes of the above-mentioned Order, hereby certify that the animal hereinafter specified was included in the tuberculin test certificate completed by ............................................................ ............................................................ .,

M.R.C.V.S., ............................................................ ............................................................ ...

on ................................................... to the effect that the animal was tested and passed the test.

Particulars of the test as shown on the certificate were—

Owner............................................................ .......................................................

Premises at which

test was conducted............................................................ ................................

Date and time of—

(to be inserted in writing)

(a) injection : Time ...... Date ...... Month ............ 196 .

(b) reading : Time ...... Date ...... Month ............ 196 .

Particulars of Animal.

Dated this ............ day of ........................, 196.......

Signed ......................................................

Authorised Officer.

(ALL UNUSED SPACES SHOULD BE CANCELLED)

THIRD SCHEDULE.

Bovine Tuberculosis (30-day Test) Order, 1963.

REACTOR CERTIFICATE.

I, ............................................................ ..., M.R.C.V.S., hereby certify that I have applied a Tuberculin Test with Weybridge tuberculins pursuant to and in accordance with the above-mentioned Order, to the animal (s) hereinafter specified and that the animal (s) failed the test. The whole of the test was carried out by me personally.

Owner ..................................................... Herd No. .............

(if any)

Premises at which

test was conducted............................................................ ......

Date and time of—

(to be inserted in writing)

(a) injection : Time ...... Date ...... Month ............ 196 .

(b) reading : Time ...... Date ...... Month ............ 196 .

Dated this ........... day of ................, 196...................

Signature of Veterinary Surgeon.................................

Address ............................................................ .......

(ALL UNUSED SPACES SHOULD BE CANCELLED)

GIVEN under my Official Seal, this 10th day of May, 1963.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order regulates the testing of cattle that are subject to tuberculin testing within a period of 30-days prior to sale or movement into an attested area or herd. It provides that the test to be used shall be the single intradermal comparative tuberculin test and prescribes the mode of test and the certificates to be issued by a veterinary surgeon in respect of animals that pass or fail the test. The Order also regulates the sale of 30-day tested cattle. The Bovine Tuberculosis (14-Day Test) Orders, 1960 and 1961 are revoked.