S.I. No. 121/1966 - Brucellosis in Cattle (Declaration of Clearance Area and Movement Control) Order, 1966.

S.I. No. 121 of 1966.

BRUCELLOSIS IN CATTLE (DECLARATION OF CLEARANCE AREA AND MOVEMENT CONTROL) ORDER, 1966.

I, CHARLES J. HAUGHEY, Minister for Agriculture and Fisheries, it appearing to me to be necessary for the purpose of the progressive eradication of brucellosis in cattle, do hereby, in exercise of the powers conferred on me by sections 19 and 20 of the Diseases of Animals Act, 1966 (No. 6 of 1966), order as follows:

1. (1) This Order may be cited as the Brucellosis in Cattle (Declaration of Clearance Area and Movement Control) Order, 1966.

(2) This Order shall come into operation on the 26th day of May, 1966.

2. In this Order—

" animal " means a bovine animal;

" the area " has the meaning specified in Article 3;

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

" brucellosis " means brucellosis in cattle;

" Brucellosis (Certified) Herd " means a herd which is for the time being entered in the register of brucellosis (certified) herds kept by the Minister;

" herd " includes a herd consisting of one animal only;

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

" reactor " means an animal which by reason of the result of a test or otherwise the Minister has reason to believe is infected with brucellosis;

" test " means a test for the detection of brucellosis whether carried out within or outside the State.

3. (1) Such area as consists of the administrative county of Donegal (in this Order referred to as the area) is hereby declared to be an area in which brucellosis is to be eradicated.

(2) A holding situate partly within and partly without the area shall be deemed to be wholly within the area.

4. As from the 1st June, 1966, cattle shall not be moved into the area except as provided for by this Order.

5. (1) Subject to paragraph (2) cattle of the following classes may be moved into the area :

(a) bulls aged nine months and over, cows and in-calf heifers, each of which—

(i) during the period of 10 days ending immediately before the day of its entry into the area has undergone a test and has passed the test, or

(ii) has come from a Brucellosis (Certified) Herd or from a herd in Northern Ireland which is a herd corresponding to a Brucellosis (Certified) Herd, or

(iii) is 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 is intended for slaughter,

(b) any cattle not being bulls aged nine months and over, cows or in-calf heifers.

(2) (a) Where cattle referred to in paragraph (1) (a) which satisfy the requirements of paragraph (1) (a) (i) are being moved into the area, the person in charge of the cattle shall have in his possession a certificate signed by an inspector of the Minister or issued by the Ministry of Agriculture in Northern Ireland to the effect that within the preceding 10 days, the cattle have passed a test.

(b) Where cattle referred to in paragraph (1) (a) which satisfy the requirement of paragraph (1) (a) (ii) are being moved into the area, the person in charge of the cattle shall have in his possession a permit authorising the movement of the cattle from a Brucellosis (Certified) Herd or a permit issued by the Ministry of Agriculture in Northern Ireland authorising the movement of the cattle from a herd in Northern Ireland which is a herd corresponding to a Brucellosis (Certified) Herd.

(c) Where cattle referred to in paragraph (1) (a) which satisfy the requirement of paragraph (1) (a) (iii) arebeing moved into the area, the person in charge of the cattle shall have in his possession a permit authorising the movement of the cattle and specifying the premises within which and the period within which the cattle are intended to be slaughtered.

(3) Where an animal in respect of which a certificate or permit mentioned in this Article has been signed or issued is sold or otherwise disposed of, the owner or person in charge of the animal shall, at the time of the sale or disposal, give the certificate or permit to the person acquiring the animal, or his agent.

(4) An inspector of the Minister or an authorised officer may issue permits for the purpose of this Article.

6. Where cattle referred to in Article 5 (1) (a) which satisfy the requirements of Article 5 (1) (a) (i) or Article 5 (1) (a) (ii) are being moved into a herd in the area, the person in charge of the cattle shall have in his possession a certificate mentioned in Article 5 (2) (a).

7. (1) Subject to paragraph (3) and nothwithstanding 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 purpose of this Article.

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

8. (1) Where a reactor is disclosed in a herd in the area, the following provisions shall apply :

(a) no animals in the herd being animals specified in paragraph (2) shall, except under permit under this Article, be moved out of the herd,

(b) the owner or person in charge of any animal referred to in subparagraph (a) shall surrender to an inspector of the Minister or to an authorised officer any identity card issued by the Minister in respect of the animal,

(c) where, by reference to subsequent testing, an inspector of the Minister is satisfied, and so informs the owner or person in charge of the herd, that the herd is free from brucellosis, the restriction on movement under this paragraph shall cease.

(2) The animals referred to in paragraph (1) (a) are pregnant animals, female animals aged eighteen months or over and male animals aged nine months or over, other than castrates.

(3) Where an inspector of the Minister suspects that an animal in a herd in the area is infected with brucellosis and so informs the owner or person in charge of the animal, the following provisions shall apply :

(a) the animal shall not, except under permit under this Article, be moved out of the herd,

(b) such owner or person shall surrender to the inspector of the Minister or to an authorised officer any identity card issued by the Minister in respect of the animal,

(c) where, by reference to subsequent testing, an inspector of the Minister is satisfied, and so informs the owner or person in charge of the herd, that the animal is free from brucellosis, the restriction on movement under this paragraph shall cease.

(4) An inspector of the Minister or an authorised officer may issue permits for the purpose of this Article.

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 Gárda Síochána or an inspector of the Minister or an authorised officer, produce it for inspection by such member, inspector or officer.

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

11. Where an inspector of the Minister or an authorised officer makes a demand or enquiry pursuant to this Order, he shall, if requested, produce his appointment for examination by the person concerned.

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

GIVEN under my Official Seal, this 26th day of May, 1966.

CHARLES J. HAUGHEY,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

This Order declares Co. Donegal a Clearance Area for the purpose of eradicating brucellosis in cattle. It controls the movement of certain classes of animals into the area and out of certain herds in the area.