S.I. No. 189/2002 - Diseases of Animals Act 1966 (Control on Supply of Animals) Order 2002

I, Joe Walsh, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by sections 3 , 13 , 28 and 29A (inserted by the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001)) 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.   This Order may be cited as the Diseases of Animals Act 1966 (Control on Supply of Animals) Order 2002.

2.(1) In this Order-

“animal” means an animal to which this Order applies;

“dealer” has the same meaning as in section 29A (inserted by the Diseases of Animals (Amendment) Act 2001 ) of the Diseases of Animals Act 1966 ;

“sell” includes offer, expose or keep for sale, invite an offer to buy, or distribute for reward and cognate words shall be construed accordingly;

“supply” means give without reward.

(2)        In this Order, a reference to an Article is to an Article of this Order..

3.   This Order applies to a bovine or ovine animal that has, at any time in the 30 clear days prior to sale or supply, been in the possession or under the control of a dealer but does not apply to an animal being sold or supplied -

(a)  directly to slaughter, or

(b)  for export either directly or through an approved assembly centre.

4.   A person shall not sell or supply an animal if, in the period of 30 clear days preceding such sale or supply, the animal has been sold or supplied on more than one occasion.

5.   A person shall not purchase or otherwise acquire an animal if, in the period of 30 clear days preceding purchase or acquisition, the animal has been sold or supplied on more than one occasion.

6.   A person shall not have in his or her possession or under his or her control an animal that is to be or has been sold or supplied in contravention of Article 4 or purchased or acquired contrary to Article 5.

7.    The Diseases of Animals Act 1966 (Section 29A (4)) (No. 4) Order 2001 ( S.I. No. 330 of 2001 ) is revoked.

8.   This Order is in addition to and not in substitution for —

(a)  the Brucellosis in Cattle (General Provisions) Order 1991 ( S.I. No. 114 of 1991 ) (as amended by the Brucellosis in Cattle (General Provisions (Amendment) Order 1996 ( S.I. No. 86 of 1996 ) and the Brucellosis in Cattle (General Provisions) (Amendment) Order 1998 ( S.I. No. 39 of 1998 )), or

(b)  the Diseases of Animals Act 1966 (Restriction on Movement of Cattle Order 2001 ( S.I. No. 383 of 2001 ).

EXPLANATORY NOTE

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

This Order provides controls on the movement of animals.