S.I. No. 338/1981 - Warble Fly Order 1981

I, ALAN M. DUKES, Minister for Agriculture, in exercise 7of the powers conferred on me by sections 3 , 13 , 25 , and 27 , of the Diseases of Animals Act, 1966 (No. 6 of 1966), as adapted by the Agriculture and Fisheries (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 31 of 1977 ), hereby order as follows:

1. This Order may be cited as the Warble Fly Order, 1981.

2. Subject to Articles 5(2) and 6(2) hereof, this Order shall at any particular date apply to all bovine animals other than—

(a) bovine animals born on or after the 15th day of August immediately preceding that date, and

(b) bovine animals which are imported into the State since the termination of the last previous treatment period and which were not within the State at any time during that treatment period,

and “animal” in the subsequent Articles of this Order shall be construed accordingly.

3. In this Order—

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

“authorised person” has the same meaning as in section 25 of the Diseases of Animals Act, 1966 (No. 6 of 1966);

“certificate of treatment” means—

(a) a certificate in the form of Form A in the First Schedule to this Order issued since the commencement of the last previous treatment period or in the alternative where such is appropriate, issued in the current treatment period, and signed by—

(i) a veterinary surgeon (being a veterinary surgeon to whom an admission in writing to the Warble Fly Eradication Scheme has been issued by the Minister) or 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

(iii) a veterinary inspector of the Minister, or any person authorised by such inspector to do so, or

(b) any certificate deemed to be a certificate of treatment under Article 5(3) of this Order;

“a controlled area” means any area described in the Second Schedule to this Order;

“current certificate of treatment” means a certificate of treatment which has been issued, on a date not earlier than the 15th day of August 1981;

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

“exemption certificate” means a certificate in the form of Form B or C in the First Schedule to this Order and signed by an officer of the Minister, the period of validity of which has not expired;

“land frontier” means the boundary between the State and Northern Ireland;

“the Minister” means the Minister for Agriculture;

“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 period” means the period beginning on the 15th day of August and terminating on the 15th day of November in any year;

“Warble Fly Eradication Scheme” means the scheme for the eradication of the warble fly initiated by the Minister on the 15th day of August 1978.

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

5.(1) Subject to paragraph (2) of this Article, a person shall have neither in his possession nor under his charge in a controlled area at any time, except under a licence issued by the Minister, any animal to which this Order applies unaccompanied by a certificate of treatment or an exemption certificate relating to the animal and in case the Minister attaches conditions to the licence a person shall not move, except under a further licence granted by the Minister, the animal to which the first-mentioned licence relates out of the land or premises on which it is at the date of such licence until the conditions have been complied with.

(2) For so long as a treatment period is current in any year paragraph (1) of this Article shall apply only in relation to animals which, on the day on which the period begins, are at least twelve months of age.

(3) 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.(1) Subject to paragraph (2) of this Article, a person shall have neither in his possession nor under his charge in a controlled area at any time any animal to which this Order applies unless there has been inserted in the left ear of the animal an approved ear-tag and the identification letters or numbers borne by the ear-tag correspond with the identification letters or numbers appearing in the certificate of treatment, exemption certificate or licence, as the case may be, relating to the animal.

(2) For so long as a treatment period is current in any year paragraph (1) of this Article shall apply only in relation to animals which on the day on which the period begins, are at least twelve months of age.

(3) In this Article “approved ear-tag” means an ear-tag which—

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

(b) is such that, if identification letters or numbers 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.

7. Subject to Article 9 of this Order, an animal to which this Order applies shall not, except under and in accordance with a licence issued by the Minister, be moved into or out of a controlled area unless the person in charge of the animal has in his possession a current certificate of treatment or an exemption certificate issued in relation to the animal.

8.(1) Subject to Article 9 of this Order, an animal to which this Order applies and which has been moved out of a controlled area shall not be offered or exposed for sale except under and in accordance with a licence issued by the Minister, unless the person in charge of the animal has in his possession a current certificate of treatment or an exemption certificate issued in relation to the animal.

(2) Subject to Article 9 of this Order, an animal to which this Order applies shall not be sold in a controlled area except under and in accordance with a licence issued by the Minister, unless the person in charge of the animal has in his possession at the time of the sale a current certificate of treatment or an exemption certificate issued in relation to the animal.

(3) The person in charge of a public sale held at any place in a controlled area shall ensure that any animal to which this Order relates is not sold on the premises where such sale is to take place unless at the time of its sale it is accompanied by a licence or other document specified in paragraph (2) of this Article.

9. During the period beginning on the commencement of this Order and ending on the 1st day of October, 1981, this Order shall have effect subject to the following modifications, namely, Articles 7 and 8 hereof shall both be construed and have effect as if “current” were deleted.

10. A person shall not alter, deface or injure any licence granted or certificate issued for the purposes of 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 examinations of any cattle as may be reasonably necessary for the administration of this Order.

12. A certificate of treatment or an exemption certificate shall be surrendered—

(a) in case the animal to which the certificate relates is exported to a destination other than Northern Ireland, to an authorised person or officer of the Minister at the port or aerodrome concerned, and

(b) in case such animal is moved for slaughter, to an authorised person of officer of the Minister at the slaughtering premises concerned.

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

14. In any proceedings in which it is alleged that the defendant contravened Articles 5 (1), 6 (1) or 8 of this Order, it shall be a defence for the defendant to prove—

(a) that the animal in relation to which the offence is alleged to have been committed was moved into the relevant controlled area during the period beginning on the 15th day of August preceding the date of the offence and ending on such date, and

(b) that prior to being so moved into such controlled area, such animal had not been in that area.

15. The Warble Fly Order, 1978 ( S.I. No. 231 of 1978 ), and the Warble Fly Order, 1980 ( S.I. No. 327 of 1980 ), are hereby revoked.

FIRST SCHEDULE

__________________________________________________________

FORM A

An Roinn Talmhaiochta

WARBLE FLY ERADICATION

Animal bearing EAR TAG NO.   ............................................................ ..... This is to certify that this animal was treated for warbles on the undermentioned date.

Signature   ...........................................    Date   ......................................

__________________________________________________________

FORM B

EXEMPTION CERTIFICATE

Animal bearing EAR TAG NO.   ............................................................ ... This is to certify that this animal is exempted from treatment under the Warble Fly Eradication Scheme, 19...

This certificate is valid until    ............................................................ ....19...

Signature    .............................................    Date    ......................................

__________________________________________________________

FORM C

EXEMPTION CERTIFICATE

Animal bearing EAR TAG NO.   ...............................................

This is to certify that the above animals are exempted from treatment under the Warble Fly Eradication Scheme, 19...

This certificate is valid until    ............................................................ ...19...

Signature    ............................................      Date    ......................................

__________________________________________________________

SECOND SCHEDULE

1. The area consisting of the counties of Leitrim, Longford, Roscommon, Westmeath and the following District Electoral Divisions in the county of Offaly, namely, Ballycumber, Bawn, Clara, Clonmacnoise, Doon. Ferbane, Gorteen, Hinds, Huntstown, Kilcumragh, Lumcloon, Moyclare, Shannon Bridge, Srah, Tinnamuck.

2. The area consisting of the following District Electoral Divisions in the county of Galway, namely, Barna, Bunowen, Camus, Cleggan, Clifden, Crumpaun, Derrycunlough, Derrylea, Doonloughan, Errislannan, Furbo, Gorumna, Illion, Kilcummin North, Kilcummin South, Killannin, Knockboy, Lettermore, Moycullen, Moyrus, Oughterard, Owengowla, Roundstone, Selerna, Sillerna, Skannive, Spiddal, Tullokyne, Turlough, Wormhole.

3. The area consisting of the following District Electoral Divisions in the county of Mayo, namely, Belmullet, An Geata Mor Thuaidh, An Geata Mor Theas and Rath Hill.

4. The area consisting of the following district Electoral Divisions in the County of Mayo, namely, Achill Sound, Dooega and Slieve More.

EXPLANATORY NOTE.

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

This Order—

(a) provides that from 16 November 1981 all cattle to which the Order applies in Counties Leitrim, Longford, Roscommon and Westmeath and in specified parts of Counties Galway, Mayo and Offaly (“the Controlled Areas”) must be accompanied by an official current certificate of treatment for warbles or an exemption certificate or a licence issued under the Order.

(b) provides that from 1 October 1981 all cattle to which the Order applies, which are moved out of the Controlled Areas or which are exposed or offered for sale, must be accompanied by a certificate of treatment or an exemption certificate or a licence issued under the Order.

(c) provides that from 1 October 1981 the person in charge of a public sale in the Controlled Areas must ensure that all cattle to which the Order applies are accompanied by a current treatment certificate or an exemption certificate or a licence issued under the Order.

(d) revokes the Warble Fly Orders, 1978 and 1980.