S.I. No. 267/1975 - Warble Fly (Notification and Treatment) Order, 1975.

S.I. No. 267 of 1975.

WARBLE FLY (NOTIFICATION AND TREATMENT) ORDER, 1975.

I, MARK CLINTON, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by sections 3 , 12 , 13 , 25 and 27 of the Diseases of Animals Act, 1966 (No. 6 of 1966), hereby order as follows:

1. This Order may be cited as the Warble Fly (Notification and Treatment) Order, 1975.

2. In this Order—

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

"aerodrome" means any area of land (including water) where facilities are afforded for landing and departure of aircraft;

"animal" means a bovine animal;

"authorised person" has the same meaning as in section 25 of the Act;

"certificate of treatment" means—

( a ) a certificate in the form specified in the Schedule to this Order and signed by—

(i) a veterinary surgeon, or by any person authorised by him to do so, or

(ii) the veterinary officer in charge of an Artificial Insemination Station, or any person authorised by him to do so, or

( b ) any certificate deemed under Article 5 (2) of this Order to be a certificate of treatment;

"diseased" means infested with warble fly infestation (hypoderma bovis or hypoderma lineatum);

"the Minister" means the Minister for Agriculture and Fisheries;

"suspected" means suspected of being diseased;

"slaughtering premises" means premises registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, or licensed under the Slaughter of Cattle and Sheep Acts, 1934 to 1936;

"treatment" means the application of a systemic insecticide or any other substance approved by the Minister.

3. Any conditions attached to licences granted by the Minister for the purposes of this Order shall be complied with.

4. Any person having in his possession or under his charge any diseased animal shall forthwith give notice thereof in writing to—

( a ) the Secretary, Department of Agriculture and Fisheries, Dublin 2,

or

( b ) the District Veterinary Office of the Department of Agriculture and Fisheries for the district in which the animal happens to be on the date of the notice,

and the person shall specify in the notice the number of animals in his possession or under his charge which are diseased and the place where the animals are located.

5. (1) A diseased or suspected animal shall not be moved unless it is accompanied by—

( a ) a certificate of treatment to the effect that treatment of the animal was carried out on or subsequent to the 1st day of February immediately preceding, or

( b ) a licence granted by the Minister under the Act in that behalf, or

( c ) a permit authorising the movement issued either by an inspector or by an authorised person.

(2) For the purposes of this Order any document accompanying an imported animal which certifies that the animal has been treated for warbles under an official warble fly eradication scheme in the country from which it is imported may, at the Minister's discretion, be deemed to be a certificate of treatment.

6. Where a diseased or suspected animal is found in the possession or charge of any person, an authorised person may serve a notice in writing on the person requiring him to have the animal treated for warbles, and until the requirement of the notice has been complied with no person shall move the animal out of the land or premises on which it happens to be on the date of the notice unless it is accompanied either by a licence granted by the Minister in that behalf or by a permit authorising the movement and issued either by an inspector or by an authorised person.

7. Notwithstanding the provisions of Article 5 (1) of this Order, an inspector may exempt any suspected animals from the requirements of this Order if it is shown to his satisfaction that the animal had been treated for warbles with a systemic preparation on a date not earlier than the 15th day of August immediately preceding.

8. An inspector or an authorised person may require the owner or person in charge of a diseased or suspected animal to surrender to him any identity card or other document relating to such animal and the owner or person in charge of the animal shall comply with such request.

9. (1) Any animal treated for warbles, or in respect of which a licence is granted under the Act for the purposes of this Order by the Minister shall have inserted in its left ear an approved ear-tag bearing the identification letters and number appearing in the certificate of treatment or licence, as the case may be, relating to that animal.

(2) In this Article "approved ear-tag" means an ear-tag which—

( a ) is such that, when inserted in the ear of an animal, it becomes effectively closed and, if subsequently removed, cannot be used again,

( b ) is such that, if identification letters or number borne by the ear-tag are altered (whether by addition, deletion or variation), the alteration is evident as such, and

( c ) is made of rigid, durable material and is clearly legible.

10. No person shall alter, deface or injure any licence granted under the Act for the purposes of this Order by the Minister, any certificate of treatment, or any permit issued pursuant to this Order.

11. An authorised person, or an officer of the Minister duly authorised in that behalf by the Minister under section 25 of the Diseases of Animals Act, 1966 , may make such examination of any animal as may be reasonably necessary for the administration of this Order.

12. (1) In case an animal is being either exported to a destination other than a place in Northern Ireland or moved for slaughter, licences granted under the Act for the purposes of this Order by the Minister, certificates of treatment and movement permits issued pursuant to this Order shall be surrendered,

( a ) in case the animal is being so exported, to an authorised person or officer of the Minister at the port or aerodrome concerned,

and

( b ) in case the animal is being so moved, to an authorised person or officer of the Minister at the slaughtering premises concerned.

(2) Licences granted under the Act for the purposes of this Order by the Minister and certificates of treatment shall have thereon an ear-tag identification in the form of letters and a number and such letters and number shall correspond to those on the ear-tag borne for the purposes of this Order by the animal concerned.

13. Where a person mentioned in Article 11 of this Order makes an examination pursuant to this Order, he shall, if requested, produce his appointment for examination by the person concerned.

14. (1) A veterinary surgeon or a veterinary officer in charge of an Artificial Insemination Station, or a person authorised by a veterinary surgeon or by such an officer so to do, may issue treatment certificates.

(2) An inspector or an authorised person may issue permits for the purpose of this Order.

15. The Warble Fly Order, 1971 ( S.I. No. 297 of 1971 ), and the Warble Fly (Amendment) Order, 1973 ( S.I. No. 215 of 1973 ), are hereby revoked.

SCHEDULE.

An Roinn Talmhaiochta

agus Iascaigh

WARBLE FLY (NOTIFICATION AND TREATMENT) ORDER, 1975.

Veterinary Surgeon/A person authorised pursuant to Article 2 of the above Order.

GIVEN under my Official Seal, this 19th day of November, 1975.

MARK CLINTON,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

This Order—

( a ) provides that warble fly infestation of cattle must be notified to the Department of Agriculture and Fisheries,

( b ) provides that infested cattle or cattle suspected of being infested may not be moved without a certificate of treatment or a licence,

( c ) prescribes the form of certificate of treatment which must accompany infested cattle,

( d ) provides for the examination of cattle and the inspection and surrender of documents,

( e ) provides for the revocation of the Warble Fly Order, 1971 ( S.I. No. 297 of 1971 ), and the Warble Fly (Amendment) Order, 1973 ( S.I. No. 215 of 1973 ).