S.I. No. 104/2001 - Foot and Mouth Disease (Prohibition on The Use of Swill) Order, 2001

Whereas paragraph 12 of the Second Schedule to the Diseases of Animals Act, 1966 (No. 6 of 1966) , provides for prohibiting or regulating or restricting the sale, use or movement of any kind of fodder, litter or other material whereby disease might be spread;

And Whereas measures are needed for the prevention of the spreading of foot and mouth disease;

Now I, Joe Walsh, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by sections 3 and 13 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 order as follows:

1. (a) This Order may be cited as the Foot and Mouth Disease (Prohibition on the Use of Swill) Order, 2001.

(b) This Order shall remain in force until 31 December 2001.

2. In this Order “swill” includes -

(a)    any carcase or offal or any product derived in whole or in part from any carcase or offal,

(b)    any hatchery waste or eggs or egg shells,

(c)    any broken or waste foodstuff (including table or kitchen refuse, scraps or waste) whether or not such foodstuff contains, or has been or may have been in contact with, any carcase or offal,

(d)    any waste product of the slaughtering or processing of any animal or poultry where such waste product is derived from such animal or poultry,

(e)    any waste of animal, fish or avian origin, and

(f)    any other thing (whether or not such thing has been heated or dried or otherwise processed) consisting of or containing any matter mentioned in paragraph (a), (b), (c), (d) or (e) of this interpretation.

3. A person shall not do or cause to be done, by either act or omission, any of the following, that is to say, the collection, assembling, processing, storing, keeping or otherwise having swill —

(a)    for the purpose of feeding it to an animal,

(b)    on or adjacent to any lands or premises where any animal is fed, farmed, reared, bred or fattened, or

(c)    on or adjacent to any lands or premises to which any animal has access.

4. (1) A person shall not feed, or cause or permit to be fed, to any animal any swill, whether unprocessed or subjected to any form of processing.

(2) In this Article “animal” means cattle, sheep, pigs, goats, deer, other biungulates or poultry.

5. Subject to Articles 3 and 4, nothing in this Order shall affect the operation of the Diseases of Animals (Feeding and Use of Swill) Orders, 1985 and 1987.

6. Nothing in this Order shall affect the operation of—

(a)    the European Communities (Knackery) Regulations, 1996 and 1999, or

(b)    the European Communities (Disposal, Processing and Placing on the Market of Animal By-Products) Regulations, 1994 ( S.I. No. 257 of 1994 ), as amended by the European Communities (Disposal, Processing and Placing on the Market of Animal By-Products) (Amendment) Regulations, 2001 ( S.I. No. 77 of 2001 ).

Explanatory Note

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

This Order prohibits the feeding of swill to cattle, sheep, pigs, goats, deer other cloven-hoofed animals or poultry. The Order shall remain in force until 31 December 2001.