S.I. No. 253/1978 - Brucellosis in Cattle (Notification and Movement Control) Order, 1978.

S.I. No. 253 of 1978.

BRUCELLOSIS IN CATTLE (NOTIFICATION AND MOVEMENT CONTROL) ORDER, 1978.

I, JAMES GIBBONS, Minister for Agriculture, in exercise of the powers conferred on me by sections 3 , 12 and 13 of the Diseases of Animals Act, 1966 (No. 6 of 1966), as adapted by the Agriculture and Fisheries (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 31 of 1977 ), hereby make the following Order:

1. (1) This Order may be cited as the Brucellosis in Cattle (Notification and Movement Control) Order, 1978.

(2) This Order shall come into operation on the 18th day of September, 1978.

2. In this Order—

"animal" means a bovine animal;

"the area" means the area which consists of the administrative counties of Carlow, Cork, Kildare, Kilkenny, Laois, Limerick (other than such part thereof as lies north of the River Shannon), Tipperary North Riding, Tipperary South Riding, Waterford, Wexford and Wicklow and that part of the administrative county of Offaly which is south of the River Brosna;

"brucellosis" means brucellosis in cattle;

"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;

"test" means a test for brucellosis (and includes the taking of a sample).

3. Where as a result of a test or otherwise—

( a ) the owner or person in charge of an animal in a herd in the area believes or suspects that the animal is infected with brucellosis, or

( b ) a veterinary surgeon believes or suspects that an animal in such a herd is so infected,

such owner, person or surgeon shall forthwith notify in writing either the Secretary, Department of Agriculture, Dublin 2, or the District Veterinary Office of that Department for the area in which the animal happens to be, of his belief or suspicion.

4. (1) Where as a result of a test an animal in a herd in the area is found to be infected with brucellosis, the following provisions shall apply:

( a ) in case the animal is an eligible animal, a mark consisting of a diamond shaped hole of approximately 1.5 centimetres (five eights of an inch) in width and punched in the left ear shall be applied forthwith either by the veterinary surgeon by whom the test was carried out or by a veterinary surgeon who is—

(i) in partnership as a veterinary surgeon with the veterinary surgeon by whom the test was carried out, or

(ii) in the employment of the said veterinary surgeon, or

(iii) the employer of the said veterinary surgeon,

and the owner or person in charge of the animal shall permit the mark to be so applied,

( b ) the animal shall not be moved out of the herd except in accordance with this Article,

( c ) subject to paragraph (2) of this Article, the owner or person in charge of the animal shall immediately take all practical steps to secure the isolation of the animal.

(2) An animal described in paragraph (1) of this Article may under and in accordance with a permit under this Article be moved out of the herd concerned direct to premises to which this Article applies for slaughter.

(3) This Article applies to premises which are for the time being either registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, or licensed under the Slaughter of Cattle and Sheep Acts, 1934 to 1936.

(4) An inspector of the Minister or a person appointed by the Minister in writing to be an authorised person for the purposes of this Order may issue permits for the purposes of this Article.

5. (1) Where an inspector of the Minister or a person appointed by the Minister in writing to be an authorised person for the purposes of this Order reasonably believes or suspects that an animal in a herd is infected with brucellosis or is capable of infecting animals with brucellosis, he may, by notice in writing served on the owner or person in charge of the herd, require such owner or person, for so long as the notice is in force, to confine the animals comprising the herd on the date of the notice, or such of them as is or are specified in the notice, to such land or premises or any part thereof as is or are so specified or to comply with such other restriction of movement as may be so specified, and any such owner or person on whom a notice under this Article is served shall comply with the requirements of the notice.

(2) A notice under this Article shall remain in force until it is withdrawn.

6. No person may efface, obliterate or alter any mark applied pursuant to this Order or apply a mark that could be confused with a mark applied pursuant to this Order.

7. Omission to carry out any requirements of this Order or of a permit issued for the purposes of Article 4 of this Order shall be and is hereby declared to be an offence.

GIVEN under my Official Seal, this 2nd day of September, 1978.

JAMES GIBBONS,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order in relation to the counties to which it applies (1) provides for the notification to the Department of Agriculture (either to the Secretary or a District Veterinary Office), of the existence of brucellosis in animal, (2) provides for the marking of such an animal by a veterinary surgeon and (3) controls the movement of such an animal within and out of the herd in which it is contained.