S.I. No. 135/1970 - Brucellosis in Cattle (Movement Control) Order, 1970.

S.I. No. 135 of 1970.

BRUCELLOSIS IN CATTLE (MOVEMENT CONTROL) ORDER, 1970.

I, JAMES M. GIBBONS, 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 3 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 (Movement Control) Order, 1970.

(2) This Order shall come into operation on the 22nd day of June, 1970.

2. In this Order

"animal" means a bovine animal;

"area" means an area to which under Article 3 (1) the provisions of this Order apply;

"authorised officer" means an officer of the Minister appointed by the Minister in writing to be an authorised officer for the purpose of the Orders made under the Diseases of Animals Act, 1966 (No. 6 of 1966), for the purpose of the progressive eradication of brucellosis in cattle;

"brucellosis", except in Article 1, 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;

"certified herd" means a herd which is in the area within the meaning of the Brucellosis in Cattle (Disease-Free Area) Order, 1968 ( S.I. No. 112 of 1968 ), as amended by the Brucellosis in Cattle (Disease-Free Area) (Amendment) Order, 1970 ( S.I. No. 29 of 1970 ), in respect of which brucellosis certified cards have been issued by the Minister, and in relation to which there is not for the time being in force a restriction on movement under Article 7 of that Order;

"certified animal" means an eligible animal from a Bruccllosis (Certified) Herd, a herd in Northern Ireland which is a herd corresponding to a Brucellosis (Certified) Herd, or a certified herd;

"clear herd" means a herd in an area in respect of which brucellosis certified cards have been issued by the Minister and in relation to which there is not for the time being in force a restriction on movement under Article 8;

"District Veterinary Office" means a district veterinary office of the Department of Agriculture and Fisheries;

"eligible animal" means any female animal aged twelve months or over or any male animal aged nine months or over, except a castrate;

"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 brucellosis and includes the taking of a sample.

3. (1) The provisions of this Order shall apply to such area as consists of the administrative county of Louth and such area as consists of the administrative county of Mayo.

(2) A holding situate partly within an area shall, for the purposes of this Order, be deemed to be wholly within that area.

4. Cattle shall not be moved into an area except as provided for by this Order.

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

(a) any animal which is not an eligible animal,

(b) an eligible animal which—

(i) is a certified animal, or

(ii) during the period of 14 days ending immediately before the day of its entry into the area has undergone a test and has passed the test, 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, or

(iv) is being moved through the area to a destination outside the area without either being unloaded or sold or otherwise disposed of within the area, or being, while in the area, in contact with any animal other than an animal being so moved.

(2) Where an animal referred to in paragraph (1) (b) is being moved into an area, the person in charge of the animal shall have in his possession—

(a) in case the animal is an animal which satisfies the requirement of paragraph (1) (b) (i)—a permit authorising the movement of the animal from a Brucellosis (Certified) Herd or from a certified herd, as may be appropriate, or a permit issued by the Ministry of Agriculture in Northern Ireland authorising the movement of the animal from a herd in Northern Ireland which is a herd corresponding to a Brucellosis (Certified) Herd;

(b) in case the animal is an animal which satisfies the requirement of paragraph (1) (b) (ii)—a certificate signed by an inspector of the Minister or an authorised officer or issued by the Ministry of Agriculture in Northern Ireland to the effect that, within the preceding 14 days, the animal has passed a test;

(c) in case the animal is an animal which satisfies the requirement of paragraph (1) (b) (iii)—a permit authorising the movement of the animal and specifying the premises within which and the period within which the animal is intended to be slaughtered, and

(d) in case the animal is an animal which satisfies the requirement of paragraph (1) (b) (iv)—a permit authorising the movement of the animal to a destination outside the area.

(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 to his agent.

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

(5) An Officer of Customs and Excise may issue permits for the purposes of paragraph (2) (d) of this Article.

6. Animals shall not be moved into a clear herd in an area except as provided for by this Order.

7. (1) Subject to paragraphs (2) and (3), the following eligible animals may be moved into a clear herd in an area, namely:

(a) a certified animal,

(b) an eligible animal which has come from a clear herd,

(c) an eligible animal which during the period of 14 days immediately before the day of its entry into the herd has undergone a test and has passed the test.

(2) Where an eligible animal is being moved into a clear herd in an area, the person in charge of the animal shall have in his possession—

(a) in case the animal is an animal mentioned in paragraph (1) (a)—a permit described in Article 5 (2) (a),

(b) in case the animal is an animal mentioned in paragraph (1) (b)—the brucellosis certified card issued by the Minister in respect of the animal, and

(c) in case the animal is an animal mentioned in paragraph (1) (c)—a certificate described in Article 5 (2) (b).

(3) Where an eligible animal mentioned in paragraph (1) (c) is a pregnant animal and has been moved into a clear herd in an area the following provisions shall apply:

(a) the owner or person in charge of the animal shall, before the expiration of the day next following the day of such movement, notify the District Veterinary Office for his area in writing of the movement;

(b) so long as the animal remains in the herd it shall be isolated from all other animals in the herd (except animals which are being isolated in accordance with this paragraph);

(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.

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

(a) no eligible animal shall, except under permit under this Article, be moved into or out of the herd,

(b) the owner or person in charge of the herd shall surrender to an inspector of the Minister or to an authorised officer any identify cards or brucellosis certified cards issued by the Minister in respect of the eligible animals in the herd,

(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,

(d) where the reactor disclosed is an animal mentioned in Article 7 (3) and has, to the satisfaction of the Minister, been effectively isolated from other animals in the herd, the restriction on movement under this paragraph may at the discretion of the Minister be waived in respect of specified animals in the herd.

(2) Where the result of a test of an animal in a herd in an area is inconclusive and an inspector of the Minister 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 or brucellosis certified 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.

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

9. Notwithstanding any other provision of this Order, cattle may be moved into an area or into or out of a herd in an area or into premises at which they are intended to be slaughtered in an area under and in accordance with a licence granted in that behalf by the Minister.

10. A person having in his possession pursuant to this Order any brucellosis certified card issued by the Minister or any other document mentioned in this Order shall, on demand made by a member of the Garda Síochána, an inspector of the Minister, an officer of Customs and Excise or an authorised officer, produce the brucellosis certified card or document for inspection by such member, inspector or officer.

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

12. When 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.

13. (1) Where an animal in respect of which a brucellosis certified card has been issued by the Minister is sold or otherwise disposed of within an area, the owner or person in charge shall, at the time of the sale or disposal, give the brucellosis certified card to the person acquiring the animal, or his agent.

(2) Where an animal in respect of which a brucellosis certified card has been issued by the Minister—

(a) dies or is slaughtered within an area, or

(b) is moved into a herd in an area which is neither a Brucellosis (Certified) Herd nor a clear herd, or

(c) is moved out of an area,

the owner or person in charge of the animal shall, before the expiration of the day next following the day of such death, slaughter or movement, either send the card by post to the Secretary, Department of Agriculture and Fisheries, Dublin or send it by post or otherwise deliver the card to the veterinary officer in charge of any District Veterinary Office.

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

GIVEN under my Official Seal, this 11th day of June, 1970.

JAMES GIBBONS,

Minister for Agriculture and

Fisheries.

EXPLANATORY NOTE.

This Order (i) controls the movement of certain classes of animals into counties Louth and Mayo and into and out of certain herds in these counties and (ii) requires the production, surrender or transfer in certain circumstances of brucellosis certified cards and other documents relating to cattle.