S.I. No. 26/1965:

BOVINE TUBERCULOSIS (CLEARANCE AREA) (SPECIAL CONTROLS) ORDER, 1965.

BOVINE TUBERCULOSIS (CLEARANCE AREA) (SPECIAL CONTROLS) ORDER, 1965.

ARRANGEMENT OF ARTICLES.

Article

1. Short title and commencement.

2. Definitions.

3. Restriction on testing.

4. General restriction on movement into the area.

5. Permitted movement into the area.

6. Movement into and out of herds.

7. Movement into premises for slaughter.

8. Licences for movement into the area for premises for slaughter in the area or herds in the area.

9. Restriction on holding of public sales in the area of cattle.

10. Control of public sales in the area of cattle.

11. Documents in relation to cattle at public sales in the area.

12. Inspection of documents.

13. Examination of cattle by authorised officers.

14. Production by authorised officer of appointment.

15. Retention and surrender of identity cards and ear-tags.

16. Notification of evidence of bovine tuberculosis.

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

18. Amendment of Article 10 of Bovine Tuberculosis (Control of Movement) Order, 1963.

19. Revocations.

S.I. No. 26 of 1965.

BOVINE TUBERCULOSIS (CLEARANCE AREA) (SPECIAL CONTROLS) ORDER, 1965.

I, CHARLES J. HAUGHEY, 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) (Special Controls) Order, 1965.

(2) This Order shall come into operation on the 19th day of February, 1965.

2. In this Order--

"the area" means such area as consists of--

(a) the administrative counties of Cork, Kerry, Kilkenny, Tipperary North Riding, Tipperary South Riding and Waterford,

(b) the county boroughs of Cork and Waterford,

(c) the administrative county of Limerick, exclusive of the part thereof lying north of the River Shannon, and (d) the county borough of Limerick, exclusive of the part thereof lying north of the River Shannon;

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

(a) of an attested herd,

(b) from an attested area, or

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

"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;

"clear herd" means a herd of cattle (other than attested cattle) in the area in respect of which identity cards have been issued by the Minister;

"the Minister" means the Minister for Agriculture;

"public sale" 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 in writing of the Minister.

4. Cattle shall not be moved into the area except as provided for by this Order.

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

(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 30 days ending immediately before the day of their entry into the area, have completed a test pursuant to the Bovine Tuberculosis (30-Day Test) Order, 1963 ( S.I. No. 76 of 1963 ), or a test under the Bovine Tuberculosis Eradication Scheme, 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,

(e) cattle being moved direct for export by sea from the county boroughs of Cork or Waterford,

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

(2) (a) Subject to paragraphs (3), (4) and (5) of this Article, cattle of the classes referred to in paragraph (1) of this Article, if they are being moved from an attested area, may be moved into the area by rail only under permit under this Article.

(b) Where cattle referred to in subparagraph (d) of paragraph (1) of this Article are being moved into the area under permit under this Article, the premises within which and the period within which the cattle are intended to be slaughtered shall be specified in the permit.

(c) Where cattle referred to in subparagraph (e) of paragraph 1 of this Article are being moved into the area under permit under this Article, the period within which the cattle are intended to be exported shall be specified in the permit.

(3) (a) It shall not be lawful for any person to move into the area 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.

(4) Where cattle referred to in paragraph (1) of this Article are cattle which are of a herd in respect of which identity cards have been issued by the Minister and the cattle are being moved into the area under permit under this Article, the person in charge of the cattle shall, when applying for the permit, surrender to the person issuing the permit the identity cards issued by the Minister.

(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 tuberculin test certificate in the form specified in the First Schedule to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a market clearance certificate in respect of the cattle.

(6) An authorised officer may, at his discretion, but subject to the cattle concerned being examined by him, issue permits for the purpose of this Article.

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

(2) Subject to paragraphs (3), (4), (5) and (6) of this Article, cattle of the following classes may be moved into a clear herd in the area;

(a) attested cattle;

(b) cattle (other than attested cattle) from a herd outside the area 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 30 days ending immediately before the day of their entry into the herd, have completed a test pursuant to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a test under the Bovine Tuberculosis Eradication Scheme, and have passed the test.

(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 (c) of paragraph (2) of this Article are being moved into a herd, the person in charge of the cattle shall have in his possession the identity cards issued by the Minister in respect of the cattle.

(6) 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 tuberculin test certificate in the form specified in the First Schedule to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a market clearance certificate in respect of the cattle.

(7) (a) No animal shall, except under permit under this Article, be moved into or out of any herd in the area which is not a clear herd.

(b) Where, at any test with tuberculin of any cattle in a herd in the area, an animal fails to pass the test--

(i) no animal shall, except under permit under this Article, be moved into or out of the herd,

(ii) the owner or person in charge of the cattle shall surrender to an authorised officer any identity cards issued by the Minister in respect of animals in the herd,

(iii) where, by reference to subsequent testing, a veterinary inspector becomes satisfied, and so informs the owner or person in charge of the herd, that the herd is free from tuberculosis, the restriction on movement under this paragraph shall cease.

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

7.--(1) No animal shall be moved into premises in the area at which it is intended to be slaughtered unless the animal is accompanied by an identity card issued by the Minister in respect of it or by a permit or licence authorising its movement into premises for slaughter and issued under the Bovine Tuberculosis (Attested Area) Order, 1960 ( S.I. No. 236 of 1960 ), the Bovine Tuberculosis (Control of Movement) Order, 1963 ( S.I. No. 257 of 1963 ), or this Order.

(2) Whenever an animal is moved into premises in the area at which it is intended to be slaughtered, the person in charge of the animal shall, at the time when the animal is so moved, surrender to the person in charge of the premises the identity card, permit or licence accompanying the animal and the person in charge of the premises shall retain the identity card, permit or licence and shall, before the expiration of the day next following the day of such movement either--

(a) send it by post to the Secretary, Department of Agriculture, Dublin, or

(b) send it by post or deliver it to a veterinary inspector or authorised officer.

8.--(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 premises in the area at which they are intended to be slaughtered or into a herd in the area 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 herd) which he considers appropriate.

9.--(1) A person shall not hold in the area a public sale of cattle save in premises approved of by the Minister.

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

(a) may be granted either subject to such conditions as the Minister considers appropriate and specifies in the approval or without conditions, and

(b) may be granted either in respect of a limited period or without limitation as to period.

10.--(1) A bovine animal shall not be exposed at any public sale in the area of cattle except as provided for in this Article.

(2) Subject to Article 11 of this Order, cattle of the following classes only may be exposed at a public sale in the area of cattle;

(a) attested cattle;

(b) cattle (other than attested cattle) from a herd outside the area 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 30 days ending immediately before the day of the sale, have completed a test pursuant to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a test under the Bovine Tuberculosis Eradication Scheme, and have passed the test.

11.--(1) Where cattle referred to in subparagraph (a) of paragraph (2) of Article 10 of this Order are exposed at a public sale in the area of cattle, 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.

(2) Where cattle referred to in subparagraph (b) of paragraph (2) of Article 10 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession a permit authorising movement of the cattle to the sale.

(3) Where cattle referred to in subparagraph (c) of paragraph (2) of Article 10 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession the identity cards issued by the Minister in respect of the cattle.

(4) Where cattle referred to in subparagraph (d) of paragraph (2) of Article 10 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession a tuberculin test certificate in the form specified in the First Schedule to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a market clearance certificate in respect of the cattle.

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

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

13. An authorised officer may examine any cattle being moved into the area or into or out of herds in the area or into any premises in the area at which they are intended to be slaughtered 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.

14. 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.

15.--(1) Where an animal in respect of which an identity card has been issued by the Minister is sold or otherwise disposed of within the area, the owner or person in charge shall, at the time of the sale or disposal, give the identity card to the person acquiring the animal, or his agent.

(2) Where an animal in respect of which an identity card has been issued by the Minister dies within the area, the owner or person in charge shall-

(a) retain the identity card and any ear-tag which had been inserted in the animal,

(b) on demand made by an authorised officer, surrender to him the identity card and any such ear-tag.

(3) Where an animal in respect of which an identity card has been issued by the Minister is moved out of the area (and such movement is not to an attested herd or attested area or to an approved sale of 30-Day tested cattle or otherwise under a permit issued by an authorised officer or a licence issued by the Minister 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) the owner or person in charge shall, before the expiration of the day next following the day of such movement either--

(a) send the identity card by post to the Secretary, Department of Agriculture, Dublin, or

(b) send by post or deliver the identity card to the Veterinary Officer in charge of any district office established for the purposes of the administration of the Bovine Tuberculosis Eradication Scheme.

16. Where a veterinary surgeon in the course of any examination or test for tuberculosis (other than a test carried out under the Bovine Tuberculosis Eradication Scheme) in the area finds evidence of bovine tuberculosis in any animal or carcase, he shall notify the Secretary, Department of Agriculture, Dublin, before the expiration of the day next following the day on which he found such evidence.

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

18. Article 10 of the Bovine Tuberculosis (Control of Movement) Order, 1963, as amended by Article 17 of the Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) Order, 1964 ( S.I. No. 87 of 1964 ), is hereby amended by the substitution of "the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1965 ( S.I. No. 26 of 1965 )" for "the Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) Order, 1964 ( S.I. No. 87 of 1964 )".

19. The Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) Order, 1964, and the Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) (Amendment) Order, 1964 ( S.I. No. 149 of 1964 ), are hereby revoked.

GIVEN under my Official Seal this 12th day of February, 1965.

CHARLES J. HAUGHEY,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order--

(1) regulates movement of cattle into Cos. Cork, Kerry, Kilkenny, Limerick, Tipperary and Waterford (including the county boroughs of Cork, Limerick and Waterford but excluding the parts of Limerick City and County north of the River Shannon) and specifies the classes of cattle which may be so moved,

(2) regulates movement of cattle into and out of herds in that area,

(3) regulates movement of cattle into premises in the area for slaughter,

(4) controls public sales of cattle held in the area,

(5) prohibits tuberculin testing of cattle in the area except with the permission of the Minister, and

(6) requires the surrender of identity cards and ear-tags in certain circumstances.