S.I. No. 246/1965 - Warble Fly Order, 1965.

S.I. No. 246 of 1965.

WARBLE FLY ORDER, 1965.

I, CHARLES J. HAUGHEY, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by section 22 of the Disease of Animals Act, 1894, and section 2 of the Agricultural and Fishery Products (Regulation of Export) Act, 1947 , as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1965 ( S.I. No. 146 of 1965 ), hereby order as follows :

1 Short title.

1. This Order may be cited as the Warble Fly Order, 1965.

2 Animals.

2. This Order shall at any particular date apply to all bovine animals other than bovine animals born on or after the 1st day of September immediately preceding that date, and the word "animal" in the subsequent Articles of this Order shall be construed accordingly.

3 Definitions.

3. In this Order—

"aerodrome" means any area of land (including water) where facilities are afforded for landing and departure of aircraft ;

"cattle" has the same meaning as animals ;

"certificate of treatment" means a certificate in the form of Form A in the Schedule to these Regulations and signed by—

(a) a veterinary surgeon, or any person authorised by him to do so, or

(b) the veterinary officer in charge of an Artificial Insemination Station, or any person authorised by him to do so ;

"disease" means infestation with the larvae of the warble fly (hypoderma bovis or hypoderma lineatum) ;

"diseased" means affected with disease ;

"exemption certificate" means a certificate in the form of Form B in the Schedule to this Order and signed by an officer of the Minister ;

"exhibition of cattle" includes an agricultural show or exhibition, or a show or exhibition of live stock at which cattle are entered for public exhibition and compete for prizes ;

"inspector" includes a veterinary inspector ;

"land frontier" means the boundary between the State and Northern Ireland ;

"the Minister" means the Minister for Agriculture and Fisheries ;

"public sale" means any sale of cattle other than a sale by a farmer of his own cattle on his own farm ;

"slaughtering premises" means 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 ;

"suspected" means suspected of being diseased ;

"Warble Fly Eradication Scheme" means the scheme for the eradication of the warble fly which was initiated by the Minister on the 1st day of September, 1965.

4 Prohibition on sale, etc., of diseased or suspected animals.

4. No diseased or suspected animals shall be sold at a public sale or be exposed or offered for public sale, or be exposed at an exhibition of cattle.

5 Restrictions on movement to sales, exhibitions or for slaughter.

5.—(1) No animal shall, except under and in accordance with a licence under this Article, be moved—

(a) to a public sale or to an exhibition of cattle, or

(b) for slaughter at slaughtering premises,

unless it is accompanied either by a certificate of treatment or an exemption certificate.

(2) The Minister, at his discretion, may issue licences for the purpose of this Article and attach conditions thereto.

6 Restriction on movement of animals from ports, aerodromes, etc.

6.—(1) No animals shall, except under and in accordance with a licence under this Article, be moved to any destination within the State, during the period in any year commencing on the 15th day of March and ending on the 30th day of June, from any port or aerodrome, or from any place on the land frontier, unless it is accompanied by a certificate of treatment or an exemption certificate.

(2) An inspector, at his discretion, may issue licences for the purposes of this Article and attach conditions thereto.

7 Restrictions on export.

7.—(1) No animal, other than an animal accompanied by a certificate of treatment or an exemption certificate, shall be exported except under and in accordance with a licence issued under the Agricultural and Fishery Products (Regulation of Export) Act, 1947 .

(2) No animal shall be moved for the purposes of being exported to any port or aerodrome, or to any place on the land frontier, unless it is accompanied by a licence referred to in the foregoing paragraph or a certificate of treatment or an exemption certificate.

8 Restriction on movement in absence of identification.

8.—(1) It shall not be lawful for any person to move any animal—

(a) to a public sale or an exhibition of cattle,

(b) during the period in any year commencing on the 15th day of March and ending on the 30th day of June, to any destination within the State from any port or aerodrome, or from any place on the land frontier, or

(c) for the purpose of being exported, to any port or aerodrome, or to any place on the land frontier,

unless there has been inserted in the left ear of the animal an approved ear-tag and the identification letters or numbers borne on the ear-tag correspond with the identification letters or numbers appearing in the certificate of treatment, exemption certificate or licence, as the case may be, relating to the animal.

(2) 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.

9 Documents in relation to cattle at sales, etc.

9.—(1) Where cattle are—

(a) exposed at a public sale or an exhibition of cattle,

(b) moved for slaughter to slaughtering premises, or

(c) during the period in any year commencing on the 15th day of March and ending on the 30th day of June, moved to any destination within the State from a port or aerodrome, or from any place on the land frontier, or

(d) for the purpose of being exported, moved to any port or aerodrome, or to any place on the land frontier,

the person in charge of the cattle shall have in his possession certificates of treatment or exemption certificates or licences under this Order or the Agricultural and Fishery Products (Regulation of Export) Act, 1947 , relating to the cattle.

(2) A person having in his possession pursuant to this Order any certificate or licence, or having in his possession any identity card issued by the Minister for the purpose of identifying cattle under the scheme for the eradication of bovine tuberculosis which was initiated by him in September, 1954, shall, on demand by a member of the Garda Siochána or an inspector, produce it for inspection by such member or inspector.

10 Examination of cattle.

10. An inspector may examine—

(a) any cattle exposed at a public sale or an exhibition of cattle,

(b) any cattle at slaughtering premises,

(c) any cattle at a port or aerodrome, or at any place on the land frontier,

(d) any cattle which, during the period in any year between the 15th day of March and ending on the 30th day of June, are being moved to any destination within the state from any port or aerodrome, or from any place on the the land frontier, or

(e) any cattle which are being moved for the purpose of being exported to any port or aerodrome, or to any place on the land frontier,

and may make such inquiries in relation to the cattle as may be reasonably necessary for the administration of this Order.

11 Surrender of documents.

11. Certificates of treatment and exemption certificates shall be surrendered—

(a) in the case of animals being exported, to an inspector at the port or aerodrome concerned, or at the relevant place of export on the land frontier and

(b) in the case of animals moved for slaughter, to an inspector at the slaughtering premises concerned.

12 Production by inspector of appointment.

12. Where an inspector makes a demand or request or an examination pursuant to this Order, he shall, if requested, produce his appointment for examination by the person concerned.

13 Revocations.

13. The Warble Fly (Treatment of Cattle) Order, 1936 (S.R. & O., No. 20 of 1936), the Warble Fly (Treatment of Cattle) (Amendment) Order, 1936 (S.R. & O., No. 371 of 1936), and the Warble Fly (Treatment of Cattle) (Amendment) Order, 1939 (S.R. & O., No. 120 of 1939), are hereby revoked.

SCHEDULE.

FORM A.

GIVEN under my Official Seal this 1st day of December, 1965.

CHARLES J. HAUGHEY,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

This Order—

(a) prohibits

(i) the public sale or the exposure for public sale or for exhibition of cattle infested or suspected of being infested with the larvae of the warble fly ;

(ii) the export, subject to certain conditions, of cattle unless they are accompanied by a certificate of treatment for warble fly infestation ;

(iii) the movement, subject to certain conditions, of cattle for export or to a public sale or exhibition, for slaughter at a slaughtering premises or from a port, aerodrome or place on the land frontier unless they are accompanied by a certificate of treatment for warble fly infestation ; and

(b) provides for—

the examination of cattle and the presentation, inspection and surrender of documents.