S.I. No. 79/1997 - Diseases of Animals (Bovine Spongiform Encephalopathy) (Amendment) Order, 1997.

S.I. No. 79 of 1997.

DISEASES OF ANIMALS (BOVINE SPONGIFORM ENCEPHALOPATHY) (AMENDMENT) ORDER, 1997.

I, IVAN YATES, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by sections 3 , 13 and 27 of the Diseases of Animals Act, 1966 (No. 6 of 1966), as adapted by the Agriculture and Food (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 11 of 1993 ), hereby order as follows:

1. (1) This Order may be cited as the Diseases of Animals (Bovine Spongiform Encephalopathy) (Amendment) Order, 1997.

(2) This Order shall come into operation on the 18th day of February, 1997.

(3) The Diseases of Animals (Bovine Spongiform Encephalopathy) Orders, 1989 to 1996, and this Order may be cited together as the Diseases of Animals (Bovine Spongiform Encephalopathy) Orders, 1989 to 1997, and shall be construed together as one, unless the context otherwise requires.

2. The Diseases of Animals (Bovine Spongiform Encephalopathy) (No. 2) Order, 1996 ( S.I. No. 278 of 1996 ) is hereby amended—

( a ) by the addition of the following Article after Article 6—

"Restrictions on poultry offal intended for feeding to animals

6A. (1) No person shall:—

( a ) incorporate poultry offal into any feedingstuff intended for feeding to animals, or

( b ) have poultry offal or any feedingstuff in which poultry offal has been incorporated in their possession or under their control on any land or premises used for or in connection with the manufacture of feedingstuff intended for feeding to animals,

except in accordance with a licence granted by the Minister under this Article.

(2) An application for a licence under this Article shall be made in such form as the Minister may specify.

(3) A person applying for a licence under this Article shall furnish the Minister with such information as he may reasonably require for the purposes of his functions under this Order.

(4) The Minister may, if he is not satisfied that the provisions of this Order are being or have been complied with by a person granted a licence under this Article or will be complied with by an applicant for such a licence, revoke the licence or refuse to grant the licence.

(5) Where the Minister proposes to revoke a licence granted under this Article, or to refuse to grant such a licence, he shall—

( a ) notify the person concerned in writing of the proposal and of the reasons therefor,

( b ) notify the person in writing that he, or a person acting on his behalf, may make representations to the Minister within 14 days of the receipt by him of the notification, and

( c ) consider any such representations duly made before deciding whether to proceed with the proposal or not.

(6) For the purposes of this Article, 'poultry offal' means any material derived from poultry carcases.";

( b ) by the substitution of the following paragraph for paragraph (1) of Article 11:—

 "(1) The Minister may attach such conditions to a licence granted under Article 3, 4, 6 or 6A of this Order or vary or revoke any such conditions as he may deem necessary for the purposes of this Order.".

GIVEN under my Official Seal, this 12th day of February, 1997.

IVAN YATES,

 Minister for Agriculture, Food

and Forestry.

EXPLANATORY NOTE.

This Order amends the Diseases of Animals (Bovine Spongiform Encephalopathy) (No. 2) Order, 1996 ( S.I. No. 278 of 1996 ) by making the incorporation of poultry offal in any feedingstuff intended for feeding to animals or the holding of poultry offal or any feedingstuff in which poultry offal has been incorporated on premises used for the manufacture of feedingstuff intended for feeding to animals subject to licence.