S.I. No. 52/1962:

BOVINE TUBERCULOSIS (CONTROL OF MOVEMENT AND PUBLIC SALES OF CATTLE) ORDER, 1962

BOVINE TUBERCULOSIS (CONTROL OF MOVEMENT AND PUBLIC SALES OF CATTLE) ORDER, 1962

ARRANGEMENT OF ARTICLES

Article

1. Short title and commencement.

2. Definitions.

3. Restriction on testing.

4. General restriction on movement into the area.

5. Permits for movement into the area.

6. Movement into and out of approved premises.

7. Movement into and out of the Phoenix Park.

8. Movement into and out of herds.

9. Licences for movement into the area or into herds in the area or into or out of the Phoenix Park.

10. Control of public sales of cattle.

11. Inspection of documents.

12. Examination of cattle by authorised officers.

13. Production by authorised officer of appointment.

14. Compliance with conditions of permit, approval or licence.

S.I. No. 52 of 1962.

BOVINE TUBERCULOSIS (CONTROL OF MOVEMENT AND PUBLIC SALES OF CATTLE) ORDER, 1962

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 (Control of Movement and Public Sales of Cattle) Order, 1962.

(2) This Order shall come into operation on the 2nd day of April, 1962.

2. In this Order--

" the area " means such area as consists of the administrative county of Dublin and the county borough of Dublin ;

" attested " means, in relation to an animal, that it is--

(a) of an attested herd,

(b) from an attested area,

(c) of a herd in Northern Ireland which, under the law of Northern Ireland, is a herd corresponding to an attested herd, or

(d) from an area in Northern Ireland which, under the law of Northern Ireland, is an area corresponding to an attested area ;

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

" Bovine Tuberculosis Eradication Scheme " means the scheme for the eradication of bovine tuberculosis which was initiated by the Minister in September, 1954 ;

" the Cattle Market " means the Dublin Cattle Market ;

" clear herd " means a herd of cattle in a clearance area, the most recent test of which was a clear test (that is to say, a test with tuberculin at which no reactor was disclosed and which was carried out subsequent to the date on which the clearance area was declared by order of the Minister to be a clearance area) ;

" The Minister " means the Minister for Agriculture ;

" the Park " means the Phoenix Park in the county borough and county of Dublin ;

" public sales " means any sale of cattle other than--

(a) a sale by a farmer of his own cattle on his own farm, or

(b) a sale of cattle specifically authorised by the Minister and held in accordance with any conditions attached to the authorisation.

3. Cattle in the area shall not be tested for tuberculosis except with the permission of the Minister.

4. Cattle, other than cattle from a clear herd, shall not be moved into the area except as provided for by this Order.

5.--(1) Subject to paragraphs (2), (3), (4) and (5) of this Article, cattle of the following classes may be moved into the area under permit under this Article :

(a) attested cattle,

(b) cattle (other than attested cattle) which come from a herd in respect of which identity cards have been issued by the Minister,

(c) cattle which, during the period of 14 days ending immediately before the day of their entry into the area, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960 ( S.I. No. 176 of 1960 ), and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by that Order and have passed the test,

(d) cattle being moved direct to 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, and which are intended for slaughter in such premises within such period as may be specified in the permit,

(e) cattle being moved direct for export by sea from the county borough of Dublin within such period as may be specified in the permit,

(f) cattle being moved through the area to destinations outside the area without being unloaded or sold or otherwise disposed of within the area,

(g) any other cattle.

(2) (a) It shall not be lawful for any person to move into the area under permit under this Article any animal unless there has been inserted in the left ear of the animal before it is so moved an approved ear-tag.

(b) In this paragraph " approved ear-tag " means an ear-tag which--

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

(ii) 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

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

(3) Where cattle referred to in subparagraph (a) of paragraph (1) of this Article are being moved into the area, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are attested cattle and authorising their movement from the place from which they came.

(4) Where cattle referred to in subparagraph (b) of paragraph (1) of this Article are being moved into the area, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are from a herd in respect of which identity cards have been issued by the Minister and authorising their movement from the place from which they came.

(5) Where cattle referred to in subparagraph (c) of paragraph (1) of this Article are being moved into the area, the person in charge of the cattle shall have in his possession--

(a) where the test was carried out in the State--

(i) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(ii) a tuberculin test certificate (domestic) issued under the said Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iii) a market clearance certificate in respect of the cattle,

(b) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.

(6) (a) Each of the following persons may, subject to the cattle concerned being examined by him, issue permits for the purposes of this Article, except in the case of cattle referred to in subparagraphs (a) and (b) of paragraph (1) of this Article :

(i) an authorised officer,

(ii) a member of the Garda Siochana,

(iii) an officer of customs and excise,

(iv) a preventive officer at a customs or frontier post.

(b) In the case of cattle referred to in subparagraphs (a) and (b) of paragraph (1) of this Article, permits for the purposes of this Article may be issued by an authorised officer.

6.--(1) Where cattle referred to in subparagraph (c) of paragraph (1) of Article 5 of this Order are moved into the area under permit--

(a) the cattle shall not be moved except into premises within the area approved of by the Minister for that purpose ;

(b) if the cattle are on the approved premises after the expiration of the period of validity of the relevant veterinary certificate or market clearance certificate, they shall be retained in isolation on the approved premises until they have been again tested with tuberculin ;

(c) the owner of the cattle shall make (and shall produce to a veterinary inspector or authorised officer, on request) a record with respect to such cattle indicating the tattoo marks and ear-tag numbers of each animal, the date and manner of disposal and the name, address and herd number under the Bovine Tuberculosis Eradication Scheme of the person acquiring each animal.

(2) Paragraph (1) of this Article shall not apply to cattle moved into the area if they are moved into isolation in a herd which is owned by the person moving them or direct to premises approved of by the Minister under the Bovine Tuberculosis (14-Day Test) Order, 1960, for the holding of sales of 14-day tested cattle.

(3) Where cattle referred to in subparagraph (g) of paragraph (1) of Article 5 of this Order are moved into the area--

(a) the cattle shall not be moved except into premises (in this Order referred to as detention premises) within the area approved of by the Minister for that purpose or direct to the Cattle Market ;

(b) the cattle shall not be moved out of detention premises except under permit under this Article issued by an authorised officer, unless they are being moved to the Cattle Market or for export by sea from the county borough of Dublin ;

(c) the cattle shall not be moved out of the Cattle Market to detention premises except under permit under this Article issued by an authorised officer ;

(d) the owner of detention premises shall make (and shall produce to a veterinary inspector or authorised officer, on request) a record with respect to such cattle indicating the identification letters or numbers (or both the identification letters and numbers) shown on the ear-tags inserted pursuant to subparagraph (a) of paragraph (2) of Article 5 of this Order and the date and manner of disposal of the animals ;

(e) an authorised officer may, at his discretion, issue permits for the purposes of this Article.

(4) The Minister, at his discretion, may grant and revoke approvals of premises for the purposes of this Article and any such approval may be granted--

(a) subject to such conditions as the Minister considers appropriate and specifies in the approval, and

(b) in respect of a limited period or without limitation as to period.

7.--(1) Notwithstanding any other provision of this Order, cattle shall not be moved into or out of the Park, except as provided for in this Article or in Article 9 of this Order.

(2) Subject to paragraphs (3), (4), (5) and (6) of this Article, cattle of the following classes may be moved into the Park under permit under this Article :

(a) attested cattle ;

(b) cattle (other than attested cattle) from a herd in respect of which identity cards have been issued by the Minister ;

(c) cattle which, during the period of 14 days ending immediately before the day of their entry into the Park, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, and have passed the test, or have completed a test in Northern Ireland corresponding to that provided for by that Order and have passed the test ;

(d) cattle from a clear herd.

(3) Where cattle referred to in subparagraph (a) of paragraph (2) of this Article are being moved into the Park, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are attested cattle and authorising their movement from the place from which they came.

(4) Where cattle referred to in subparagraph (b) of paragraph (2) of this Article are being moved into the Park, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are from a herd in respect of which identity cards have been issued by the Minister and authorising their movement from the place from which they came.

(5) Where cattle referred to in subparagraph (c) of paragraph (2) of this Article are being moved into the Park, the person in charge of the cattle shall have in his possession--

(a) where the test was carried out in the State--

(i) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(ii) a tuberculin test certificate (domestic) issued under the said Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iii) a market clearance certificate in respect of the cattle,

(b) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.

(6) Where cattle referred to in subparagraph (d) of paragraph (2) of this Article are being moved into the Park, the person in charge of the cattle shall have in his possession a certificate issued by a veterinary surgeon certifying that the cattle are from a clear herd.

(7) Cattle shall not be moved out of the Park--

(a) except under permit under this Article, and

(b) in the case of cattle other than cattle which are--

(i) being moved to detention premises, or

(ii) being moved for export by sea from the county borough of Dublin, or

(iii) being moved to the Cattle Market, or

(iv) intended for slaughter within 7 days of the date of their movement out of the Park.

unless and until they have been subjected to a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960.

(8) An authorised officer may, at his discretion, issue permits for the purposes of this Article.

(9) This Article shall not apply to cattle being moved through the Park to destinations outside the Park without being unloaded within the Park.

8.--(1) Cattle shall not be moved into a herd in the area except as provided for by paragraph (2) of this Article.

(2) Subject to paragraphs (3), (4) and (5) of this Article, cattle of the following classes may be moved into a herd in the area :

(a) attested cattle ;

(b) cattle (other than attested cattle) from a herd in respect of which identity cards have been issued by the Minister ;

(c) cattle from a clear herd ;

(d) cattle which, during the period of 14 days ending immediately before the day of their entry into the herd, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, and have passed the test, or have completed a test in Northern Ireland corresponding to that provided for by that Order and have passed the test ;

(e) cattle from a herd in the area, being a herd of which the most recent test with tuberculin was a clear test, that is to say, a test at which all animals in the herd were tested and passed the test ;

(f) cattle which have been subjected once or more often to a test for tuberculosis within the area and, in case they have been subjected to one such test only, they have passed that test or, in case they have been subjected to more than one such test, they have passed the last of those tests.

(3) Where cattle referred to in subparagraph (a) of paragraph (2) of this Article are being moved into a herd, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are attested cattle and authorising their movement from the place from which they came.

(4) Where cattle referred to in subparagraph (b) of paragraph (2) of this Article are being moved into a herd, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are from a herd in respect of which identity cards have been issued by the Minister and authorising their movement from the place from which they came.

(5) Where cattle referred to in subparagraph (d) of paragraph (2) of this Article are being moved into a herd, the person in charge of the cattle shall have in his possession--

(a) where the test was carried out in the State--

(i) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(ii) a tuberculin test certificate (domestic) issued under the said Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iii) a market clearance certificate in respect of the cattle,

(b) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.

(6) Where cattle referred to in subparagraph (d) of paragraph (2) of this Article have been moved into a herd in the area, being a herd of which the most recent test with tuberculin was a clear test, that is to say, a test at which all animals in the herd were tested and passed the test--

(a) the cattle shall not, except under permit under this Article, be moved out of the herd unless and until they have been subjected to a test with tuberculin arranged by the Minister and have passed the test, and

(b) so long as the cattle remain in the herd and have not been so tested, they shall be isolated from all other cattle in the herd (except cattle which have been moved into isolation in the herd).

(7) An authorised officer may, at his discretion, issue permits for the purposes of this Article.

9.--(1) Subject to paragraph (3) of this Article and notwithstanding any other provision of this Order, cattle may be moved into the area or into a herd in the area or into or out of detention premises or into or out of the Park under licence under this Article.

(2) The Minister may, at his absolute discretion, issue licences for the purposes of this Article.

(3) Where the Minister issues a licence under this Article, he may attach to and specify in the licence any conditions (including conditions to be fulfilled after the cattle have been moved into the area or into a herd in the area or into or out of detention premises or into or out of the Park) which he considers appropriate.

10. A bovine animal which has failed any test for tuberculosis shall not be exposed at any public sale of cattle which is held in the area.

11. A person having in his possession pursuant to this Order any permit, licence or certificate shall, on demand made by a member of the Garda Síochána or an authorised officer, produce it for inspection by such member or officer.

12. An authorised officer may examine any cattle being moved into the area or into premises approved of under this Order or into detention premises or into herds in the area or into or out of the Park or exposed at any public sale in the area and may make any inquiries in relation to the cattle as may be reasonably necessary for the administration of this Order.

13. Where an authorised officer makes a demand or an examination pursuant to this Order, he shall, if requested, produce his appointment for examination by the person concerned.

14. The conditions specified in any permit, approval or licence issued under this Order shall be complied with.

GIVEN under my Official Seal, this 27th day of March, 1962.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE

This Order (1) prohibits the movement of cattle, except under permit, into the area consisting of the administrative county and county borough of Dublin, (2) regulates the movement of cattle into and out of herds and approved premises in the area and also into and out of the Phoenix Park, (3) regulates the public sale of cattle in the area, and (4) prohibits the testing of the cattle in the area for tuberculosis except with the permission of the Minister.