S.I. No. 49/2001 - Foot and Mouth Disease (Hay, Straw and Peat Moss Litter) Order, 2001

I, JOE WALSH, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by sections 3 and 30 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, 1999 ( S.I. No. 307 of 1999 )) hereby, for the prevention of the spreading of foot and mouth disease, order as follows:

1.          This Order may be cited as the Foot and Mouth Disease (Hay, Straw and Peat Moss Litter) Order, 2001.

2.          In this Order—

“the Act” means the Diseases of Animals Act, 1966 (No. 6 of 1966);

“hay” includes grass, moss, clover, lucerne, sainfoin, rushes, ferns, reeds, bracken, heather, alfalfa meal and pieces of surface earth containing roots of the following, namely, grass and other small plants of whatsoever kind;

“vessel” includes ship, boat and hovercraft.

3.          This Order shall not apply to—

(a) any vessel which for the time being trades between ports in the State only and has not on board any hay, straw or peat moss litter brought from outside the State, or

(b) any hay or straw or peat moss litter of Northern Ireland origin imported or landed across the land frontier from Northern Ireland, or

(c) any articles of millinery or other articles manufactured wholly or partly of braided, interwoven or plaited straw and brought from Great Britain or Northern Ireland, other than manufactured straw covers in use or intended for use as the packing for, or for the protection of, bottles.

4.          Subject to Article 3 of this Order, it shall not be lawful to land in the State any hay, straw or peat moss litter (including straw or peat moss litter used as packing) brought from any country outside the State except pursuant to and in accordance with a licence granted in that behalf by the Minister for Agriculture, Food and Rural Development for the purposes of this Order.

5.          (1) Subject to Article 3 of this Order, it shall not be lawful to bring into any airport, port or other place in the State on board any aircraft or vessel—

(a) any hay, straw or peat moss litter in bulk, other than hay, straw or peat moss litter intended for delivery at a place outside the State, or

(b) any article packed in hay, straw or peat moss litter, other than an article intended for such delivery.

(2) Where a lorry, truck, trailer, caravan or other vehicle is on board any aircraft or vessel which lands at or is brought into any airport, port or other place in the State, for the avoidance of doubt it is hereby declared that any thing which then is carried on such vehicle shall for the purposes of this Article be regarded as being on board the vessel or aircraft.

6.          Every person entering the State on or in any vessel or aircraft in which hay, straw or peat moss litter is or, during any voyage or flight in the two months prior to its arrival in the State, has been kept shall, if he or she has been in contact with such hay, straw or peat moss litter, before landing from or leaving the vessel or aircraft do the following things:

(a) remove from his or her clothes any traces of hay, straw or peat moss litter;

(b) disinfect all boots, shoes or other footwear of his or hers which has come into contact with hay, straw or peat moss litter;

(c) take such steps as may be required to disinfect his or her clothes; and

(d) thoroughly wash his or her hands with soap and water.

7.          (1) It shall be the duty of the owner of any hay, straw or peat moss litter to ensure that there is not a contravention of this Order as regards the hay, straw or peat moss litter and any omission to comply with the foregoing provisions of this paragraph is hereby declared to be an offence.

(2) It shall be the duty of the person who is the owner or lessee or is in occupation of any land at which hay, straw or peat moss litter is landed to ensure that, as regards the hay, straw or peat moss litter so landed, there is not a contravention of this Order and any omission to comply with the foregoing provisions of this paragraph is hereby declared to be an offence.

(3) It shall be the duty of the person who is the owner or the master, captain or other person who is for the time being in charge of any vessel or aircraft to ensure that as regards any hay, straw or peat moss litter, or any article, on board the vessel or aircraft, there is not a contravention of Article 5 of this Order, and any omission by him or her to comply with the foregoing requirements of this paragraph is hereby declared to be an offence.

8.          The provisions of this Order shall be executed and enforced by each local authority.

9.          The Foot and Mouth Disease (Hay, Straw and Peat Moss Litter) Order, 1982 ( S.I. No. 201 of 1982 ) is hereby revoked.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order continues the prohibition on the importation of hay, straw and peat moss litter (except for material of Northern Ireland origin imported across the land frontier) save under licence from the Minister for Agriculture, Food and Rural Development.