S.I. No. 103/1996:

BOVINE TUBERCULOSIS (ATTESTATION OF THE STATE AND GENERAL PROVISIONS) ORDER, 1996

BOVINE TUBERCULOSIS (ATTESTATION OF THE STATE AND GENERAL PROVISIONS) ORDER, 1996

I, Ivan Yates, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by sections 3, 13, 14, 19,20,27 and 48 of the Diseases of Animals Act, 1966 (No. 6 of 1966), as adapted by the Agriculture and Food (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 11 of 1993 ), hereby order as follows:

1. (1) This Order may be cited as the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1996.

(2) This Order shall come into operation on the 15th day of April, 1996.

2. (1) In this Order

"herd identifier" means the four letter code issued pursuant to Article 3 of this Order for the purposes of identification of the herd of origin of an animal;

"the Principal Order" means the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 ( S.I. No. 308 of 1989 ).

(2) In this Order, any reference to a Schedule is to a Schedule to this Order, unless a reference to some other Schedule is intended.

(3) This Order shall be construed together as one with the Principal Order.

3. The Minister may issue or cause to be issued a herd identifier to each herdowner.

4. (1) The Minister may issue ear-tags to herdowners or cause them to be issued for the purposes of the identification of animals in accordance with this Order.

(2) Ear-tags referred to in paragraph (1) above shall be in the format of the specimen ear-tags set out in the First Schedule and shall bear-

(a) the country code "IE",

(b) the herd identifier issued to the herd-owner in accordance with Article 3 of this Order, and

(c) an individual number approved by the Minister for the purposes of this Order and allotted to the animal by the herdowner identifying the animal under Article 6 of this Order.

(3) Any person required to attach ear-tags to an animal under this Order shall ensure that--

(a) they are attached to the left and right ears of the animal in accordance with the requirements of the First Schedule;

(b) the ear-tags attached to the animal bear the same country code, herd identifier and individual number referred to in paragraph (2) above.

5. (1) The Minister may issue or cause to be issued identity cards for the purposes of this Order in the form specified in the Second Schedule.

(2) Any requirement in the Principal Order for an animal to be accompanied by an identity card shall, in the case of an animal which has been, or is required to be, identified under Article 6 of this Order, be construed as a requirement for that animal to be accompanied by an identity card issued under paragraph (1) above which relates to the animal concerned, that is to say, the card bears in the box entitled "Tag No." the country code, herd identifier and individual number on the ear-tags attached or required to be attached to the animal in accordance with Article 6 of this Order.

6. (1) A herd-owner to whom ear-tags have been issued under Article 4 of this Order shall, within 30 days of the birth of an animal in the herd following the date of receipt by him of such ear-tags or, in any event, before it is moved from the holding, ensure that the animal is identified by means of ear-tags attached to both its left and right ears in accordance with the requirements of Article 4 of this Order.

(2) A herd-owner may, in respect of an animal which--

(a) has been born in the herd on or after the first day of January, 1996,

(b) has remained in the herd since birth, and

(c) has not been previously identified by the attachment of an approved ear-tag,

identify the animal concerned by means of ear-tags attached to both its left and right ears in accordance with the requirements of Article 4 of this Order.

(3) Where a herd-owner identifies, or is required to identify, an animal under paragraph (1) or (2) above, he shall, within seven days from the date on which the animal is identified or, in any event, before it is moved from the holding--

(a) state in writing on the identity card which relates to the animal concerned within the meaning of Article 5, paragraph (2), of this Order

(i) the sex of the animal,

(ii) the date of birth of the animal,

(iii) the colour of the animal, and

(iv) the breed codes of the dam and sire of the animal in accordance with the list of breed codes set out in the Second Schedule to the European Communities (Registration of Bovine Animals) Regulations, 1996 ( S.I. No. 104 of 1996 ).

(4) A person shall not, in purported compliance with paragraph (3) above, enter on an identity card a particular which he knows to be false or does not know to be true or recklessly include on such a card a particular which is false or which he does not know to be true.

(5) The provisions of paragraph (3) above shall not be applicable during any period in which identity cards issued under Article 5 of this Order have been surrendered to, or otherwise taken up by, an authorised officer, veterinary inspector or veterinary surgeon pursuant to the provisions of this Order or the Principal Order.

7. (1) Any requirement in the Principal Order for an approved ear-tag to be attached to or borne by an animal shall, in the case of an animal which has been, or is required to be, identified under Article 6 of this Order, be construed as a requirement for that animal to be identified by means of ear-tags attached to that animal in accordance with that Article.

(2) The provisions of Article 6, subparagraph (1)(h), of the Principal Order shall not be applicable in the case of an animal which has already been, and continues to be, identified by means of ear-tags attached to the animal in accordance with Article 6 of this Order.

8. Where an ear-tag which has been attached to either the left or right ear of an animal under Article 6 of this Order becomes illegible or is lost, it shall be the duty of the herd-owner owning the herd in which such animal happens to be to attach a replacement ear-tag approved by the Minister for the purposes of this Order to the animal, as soon as practicable after the illegibility arises or the tag is lost, which bears the same country code, herd identifier and individual number borne by the ear-tags attached to that animal in accordance with Article 6 of this Order.

9. A person shall not, except in accordance with a permit issued by an inspector--

(a) remove an ear-tag attached to an animal pursuant to this Order, or

(b) replace an ear-tag attached to an animal pursuant to this Order otherwise than in replacement of one which has become illegible or which has been lost in accordance with Article 8 of this Order.

10. (1) A person shall not attach an ear-tag to an animal which could be confused with an ear-tag attached or required to be attached to an animal pursuant to this Order.

(2) A person shall not have in his possession an ear-tag which could be confused with an ear-tag attached or required to be attached to an animal pursuant to this Order.

11. Any person who has possession of ear-tags which may be, but have not been, attached to an animal under this Order or identity cards issued under Article 5 of this Order shall

(a) keep them in a secure place,

(b) on demand made by an authorised officer or veterinary inspector at any reasonable time, produce them and allow a record of them to be taken, and

(c) where required for the purposes of this Order or the Principal Order, surrender them to an authorised officer or veterinary inspector on demand made by such officer or inspector.

12. An authorised officer, veterinary inspector or veterinary surgeon may, for the purposes of this Order, exercise all or any of the powers conferred on such officer, inspector or surgeon by the Principal Order.

FIRST SCHEDULE

Specimen ear-tag

SECOND SCHEDULE

(Front)

GIVEN under my Official Seal, this 11th day of April, 1996.

Ivan Yates,

Minister for Agriculture, Food and Forestry.

EXPLANATORY NOTE

This Order obliges herd-owners to attach ear-tags to bovine animals born within their herds within 30 days of birth or, in any event, before they are moved from a holding. It also requires them to complete certain details on the cattle identity cards within a certain period. The Minister is authorised to issue ear-tags and identity cards for this purpose and to supply a herd identifier to each herd-owner for the purposes of such identification. Herd-owners are required to replace any ear-tag attached to an animal under the Order which has become illegible or which has been lost.