S.I. No. 137/1961:

BOVINE TUBERCULOSIS (CLEARANCE AREA) (No. 2) ORDER, 1961.

BOVINE TUBERCULOSIS (CLEARANCE AREA) (No. 2) ORDER, 1961.

ARRANGEMENT OF ARTICLES.

Article.

1. Short title and commencement.

2. Definitions.

3. Declaration of area.

4. Obligatory tests and regulation of testing with tuberculin.

5. Marking of reactors.

6. Isolation and maintenance.

7. Disposal of reactors.

8. Restriction on movement.

9. Disinfection of premises.

10. Repair or reconstruction of cow byres.

11. Records.

12. Omissions.

FIRST SCHEDULE.

Form A.

Diseases of Animals Acts.

SECOND SCHEDULE.

Provisions relating to cleansing and disinfection of premises.

S.I. No. 137 of 1961.

BOVINE TUBERCULOSIS (CLEARANCE AREA) (No. 2) ORDER, 1961.

I, PATRICK SMITH, Minister for Agriculture, it appearing to me to be necessary for the purpose of the progressive eradication of bovine tuberculosis, do hereby, in exercise of the powers conferred on me by section 22 of the Diseases of Animals Act, 1894, and section 2 of the Diseases of Animals (Bovine Tuberculosis) Act, 1957 (No. 14 of 1957), as amended by section 5 of the Diseases of Animals Act, 1960 (No. 26 of 1960), order as follows:

1.--(1) This Order may be cited as the Bovine Tuberculosis (Clearance Area) (No. 2) Order, 1961.

(2) This Order shall come into operation on the 1st day of August, 1961.

2. In this Order--

" the area " has the meaning specified in Article 3;

" authorised officer " means a person appointed by the Minister in writing to be an authorised officer for the purposes of this Order;

" herd " includes a herd consisting of one bovine animal only;

" the Minister " means the Minister for Agriculture;

" the Principal Act " means the Diseases of Animals Act, 1894, as amended or adapted by or under subsequent enactments.

3. Such area as consists of--

(a) the administrative counties of Carlow, Laois and Wexford, and

(b) the administrative county of Wicklow excluding that part of the county consisting of the rural district of Baltinglass No. 1 as existing immediately before the 1st day of October, 1925,

(in this Order referred to as the area) is hereby declared to be an area in which bovine tuberculosis is to be eradicated.

4.--(1) The owner of any herd of cattle in the area who has not had his cattle tested for tuberculosis under the Bovine Tuberculosis Eradication Scheme within the period commencing on the 1st day of February, 1961, and ending on the 31st day of July, 1961, or has not arranged for his cattle to be so tested shall, before the 1st day of September, 1961, arrange for the testing of his cattle in accordance with that Scheme.

(2) As from the 1st day of September, 1961, all herds of cattle in the area shall be tested annually (that is to say, once in each period of twelve months beginning on the 1st day of September) for tuberculosis, excepting any reactors from previous tests, and the owners respectively of such herds shall cause such tests to be carried out.

(3) The veterinary surgeon who carries out any test pursuant to this Article shall report the result thereof to the Minister without delay and give a statement of the result to the owner of the herd.

(4) In this Article " Bovine Tuberculosis Eradication Scheme " means the scheme for the eradication of bovine tuberculosis which was initiated by the Minister in September, 1954.

5.--(1) Where, as a result of any test pursuant to Article 4 of this Order, a reactor is disclosed, the veterinary surgeon who carried out the test shall at the completion of the test mark the reactor by punching a diamond-shaped hole of five-eighths of an inch side in the left ear of the animal.

(2) The owner or person in charge of the animal shall permit the veterinary surgeon so to mark the animal.

6. Where, as the result of any test of cattle in the area for tuberculosis, a reactor is disclosed, the owner or person in charge of the reactor shall immediately take all practicable steps to secure the effective isolation of the reactor and its maintenance pending its being taken possession of by or on behalf of the Minister or removed out of the area and out of all other clearance and attested areas or slaughtered.

7.--(1) Where, as a result of any test of cattle in the area for tuberculosis, a reactor is disclosed--

(a) possession of the reactor may, by agreement, be taken by or on behalf of the Minister and the reactor may be disposed of as the Minister thinks fit,

(b) in default of agreement as aforesaid, a veterinary inspector may, by notice in the Form specified in the First Schedule to this Order served on the owner of the reactor, required the slaughter of the reactor or its removal out of the area and out of all other clearance and attested areas, within the period specified in the notice,

(c) in case there is a failure to comply with the requirements of the said notice, a veterinary inspector authorised officer may, on production, if requested, of his appointment, take possession of the reactor (such Inspector or authorised officer being for this purpose hereby authorised to enter, accompanied by such assistants and vehicles as he may reasonably consider to be necessary, on any land or premises at any reasonable time) and it may be disposed of as the Minister thinks fit.

(2) The cost of taking possession of any cattle pursuant to subparagraph (c) of paragraph (1) of this Article, and of thereafter maintaining the cattle and disposing of them, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

8. An authorised officer may, by notice in writing, served on the occupier of any land or premises in the area, require such occupier to keep any specified animals (including goats or swine) on the land or premises, being animals affected or suspected of being affected or capable of infecting cattle with tuberculosis, under specified control or to confine such animals to a specified part of the land or premises.

9.--(1) An authorised officer may, by notice in writing served on the occupier of premises in the area on, which a reactor has been disclosed, require such occupier to cleanse and disinfect specified parts of the premises within a specified period and in accordance with the provisions set out in the Second Schedule to this Order.

(2) A copy of the said provisions shall be incorporated with a notice served pursuant to this Article.

(3) In case there is a failure to comply with the requirements of a notice under this Article, the Minister may cause the requirements to be carried out, and the persons carrying out the requirements on behalf of the Minister are hereby authorised to enter on the relevant premises at any reasonable time for the purpose of carrying out the requirements.

(4) The cost of carrying out pursuant to paragraph (3) of this Article the requirements of a notice under this Article may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

10. An authorised officer may, by notice in writing served on the occupier of any land in the area, require such occupier to carry out specified repair or reconstruction of cow byres or boundary fences on the land within a specified period.

11.--(1) The owner of any herd of cattle in the area shall keep records showing--

(a) cattle in the herd and their identification marks and types,

(b) births and deaths of cattle in the herd, and

(c) cattle comprised in any movement into or out of the herd and, as respects any such movement, the date thereof, the address of the premises from or to which the movement took place, the name of the vendor or purchaser (as the case may be) and, in relation to each animal moved out of the herd, whether or not it was for slaughter.

(2) A person keeping records under this Article shall produce the records for inspection by an authorised officer on demand.

(3) Where an authorised officer makes a demand pursuant to paragraph (2) of this Article, he shall, if requested, produce his appointment for examination by the person on whom he makes the demand.

12. Where a person on whom a notice under this Order is served omits to carry out the requirements of the notice, the omission shall be an offence by him against the Principal Act.

Article 7.

FIRST SCHEDULE.

FORM A.

DISEASES OF ANIMALS ACTS.

Notice to owner of reactor.

To....................................................

of ....................................................

.........................................................

I, the undersigned, being a Veterinary Inspector, hereby give you notice as the owner of the undermentioned animal or animals which has or have reacted to a tuberculin test that--

(1) the said animal or animals shall be caused by you to be slaughtered or removed from your premises to a place outside the undermentioned area,

(2) such slaughter or removal must be effected within.......................days from the date of this notice.

Dated this..................dayof............................................................ ..............................19......

Signed............................................................ ..

Veterinary Inspector.

Particulars of animal or animals.

Particulars of area.

Article 9.

SECOND SCHEDULE.

PROVISIONS RELATING TO CLEANSING AND DISINFECTION OF PREMISES.

1. Such parts of the premises as are to be cleansed and disinfected shall,

before removal of the manure, be sprayed or saturated with an approved disinfectant.

2. The manure shall then be removed from the said parts and stocked in a place remote from cattle, goats and swine and shall not subsequently be spread on pasture land.

3. After the removal of the manure, the said parts shall be thoroughly scraped, the scrapings shall be removed and the said parts shall then be scrubbed and washed thoroughly with a 4 per cent. solution of washing soda in hot water and finally sprayed with an approved disinfectant.

4. All utensils or other articles used for or about any cattle which have reacted under a test for tuberculosis shall be thoroughly cleansed and washed with a 4 per cent. solution of washing soda in hot water.

5. The boots worn by, and the hands of, persons who have carried out the cleansing and disinfection shall be washed in an approved disinfectant.

6. In the foregoing provisions " approved disinfectant " means a disinfectant approved by the Minister for Agriculture under the Diseases of Animals (Disinfectant) Order, 1931 (S.R. & O., No. 59 of 1931).

GIVEN under my Official Seal, this 7th day of July, 1961.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order declares counties Carlow, Laois, Wexford and Wicklow, excluding the rural district of Baltinglass No. 1 to be a Clearance Area, i.e., an area in which bovine tuberculosis is to be eradicated. It introduces compulsory tuberculin testing of cattle in the Area and enables the compulsory branding, disposal and slaughter of reactors to the test.