I, PATRICK SMITH, Minister for Agriculture, it appearing to me to be necessary for the purpose of the progressive eradication of bovine tuberculosis and being satisfied that bovine tuberculosis is virtually non-existent in such area as consists of the administrative counties of Donegal, Mayo and Sligo, 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:

Short title and commencement.

1.--(1) This Order may be cited as the Bovine Tuberculosis (Attested Area) Order, 1960.

(2) This Order shall come into operation on the 5th day of December, 1960.

Definitions.

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 animal only;

"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;

"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;

"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.

Declaration of attested area.

3. Such area as consists of the administrative counties of Donegal, Mayo and Sligo (in this Order referred to as the area) is hereby declared to be an area in which bovine tuberculosis is virtually non-existent.

Restriction on testing.

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

Isolation of reactors.

5. Where, as a result of any test of cattle in the area for tuberculosis, a reactor is disclosed, the owner or person in charge of the animal shall immediately take all practicable steps to secure the effective isolation of the animal.

Precautions against spread of infection.

6. Where, as a result of any test of cattle in the area for tuberculosis, a reactor is disclosed on any premises, the occupier of the premises shall take all practicable steps to prevent the infection of cattle kept on adjoining land by contact with cattle on his premises.

Disposal of reactors and other animals.

7.--(1) Where, as a result of any test of cattle in the area for tuberculosis, a reactor or an animal suspected of being affected or capable of infecting cattle with tuberculosis is disclosed--

(a) possession of the animal may, by agreement, be taken by or on behalf of the Minister and the animal 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 animal, require the slaughter or removal out of such area as consists of the area and any clearance areas of the animal, 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 or authorised officer may, on production, if requested, of his appointment, take possession of the animal (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.

Disinfection of premises.

8.--(1) An authorised officer may, by notice in writing served on the occupier of premises in the area on which a reactor or an animal suspected of being affected or capable of infecting cattle with tuberculosis 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.

Repair or reconstruction of cow byres.

9. A veterinary inspector 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.

Records.

10.--(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.

Restriction on movement.

11. 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.

General restriction on movement into the area.

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

Permits for movement into the area.

13.--(1) Subject to paragraphs (2), (3) and (4) 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 are of 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 intended for slaughter at 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, within such period as may be specified in the permit.

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

(3) Where cattle referred to in subparagraph (b) of paragraph (1) of this Article 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.

(4) Where cattle referred to in subparagraph (c) of paragraph (i) of this Article are being moved into the area under permit under this Article, 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 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.

(5) (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 subparagraph (b) of paragraph (1) of this Article:

(i) an authorised officer,

(ii) an inspector of the Garda Síochána or member thereof of lower rank,

(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 subparagraph (b) of paragraph (1) of this Article, permits for the purposes of this Article may be issued by an authorised officer.

Movement into and out of approved premises.

14.--(1) Where cattle referred to in subparagraph (b) or (c) of paragraph (1) of Article 13 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) the cattle shall not be moved out of the approved premises, except under permit under this Article issued by an authorised officer;

(c) if the cattle are on the approved premises after the expiration of a period of 14 days from the date of the movement into the area in the case of cattle referred to in subparagraph (b) of paragraph (1) of Article 13 of this Order, or after the expiration of the period of validity of the relevant veterinary certificate or market clearance certificare in the case of cattle referred to in subparagraph (c) of paragraph (1) of Article 13 of this Order, they shall be retained in isolation on the approved premises until they have been again tested with tuberculin;

(d) 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 the animals and the manner of disposal of the animals.

(2) 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 or without conditions, and

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

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

(4) This Article shall not apply to cattle moved into the area by a herd-owner resident in the area which are moved into isolation in the herd-owner's own herd.

Movement into and out of herds.

15.--(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) which are of 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 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.

(3) Cattle, other than cattle from an attested herd in the area, shall not be moved into a herd in the area except--

(a) under permit under this Article, or

(b) where they have been moved into the area under permit under Article 13 of this Order.

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

(b) Where cattle referred to in subparagraph (a) of paragraph (2) of this Article, which are of a herd in the area, are being moved into another herd in the area, the person in charge of the cattle shall have in his possession the identity cards issued by the Minister in respect of the animals.

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

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

(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 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 elsewhere in the State--

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

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

(c) 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 (b) or (c) of paragraph (2) of this Article have been moved into a herd in the area--

(a) the cattle shall not, except under permit under this Article, be moved out of the herd unless and until they have been tested with tuberculin 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 attested cattle in the herd.

(7) Where, at any test with tuberculin of any cattle in a herd in the area, an animal fails 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 a subsequent test, 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) A veterinary inspector may by notice in writing served on the owner of any herd of cattle in the area prohibit the movement of any animals into or out of the herd except under the authority of a permit issued under this Article.

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

Restriction on movement out of the area and exposure for sale (attested animal).

16.--(1) An attested animal shall not be moved out of the area unless--

(a) it is accompanied by a permit or licence establishing that it is an attested animal and authorising its movement from the place from which it came,

(b) the owner or person in charge has taken all reasonable precautions to protect it from infection with tuberculosis, and

(2) An attested animal shall not be exposed for sale in the area unless--

(a) it is accompanied by a permit or licence establishing that it is an attested animal and authorising its movement from the place from which it came or in the case of an animal of a herd in the area an identity card issued by the Minister,

(b) it is suitably marked for identification purposes,

(c) the person exposing it for sale or person in charge has taken all reasonable precautions to protect it from infection with tuberculosis, and

(d) the exposure for sale is effected at a sale approved of by the Minister under Article 18 of this Order.

(3) Where--

(a) a person proposes to move out of the area or to expose for sale in the area an attested animal, and

(b) a veterinary inspector or authorised officer, having examined the animal, informs such person that he is not satisfied that the requirements of subparagraph (b) of paragraph (1) or subparagraph (c) of paragraph (2) (as the case may be) of this Article have been complied with,

the following provisions shall have effect:

(i) subject to the next subparagraph, such person shall not so move or expose the animal and, if he is in possession of any permit, licence or identity card relating to the animal, he shall surrender it to the veterinary inspector or authorised officer,

(ii) if such person, by production of further evidence or otherwise, shows to the satisfaction of the veterinary inspector or authorised officer that the said requirements have been complied with, he may so move or expose the animal and any permit, licence or identity card surrendered pursuant to the foregoing subparagraph shall be restored.

Licences for movement into or out of the area or into or out of herds in the area

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

(2) The Minister may, at his 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 or out of the area or herd) which he considers appropriate.

Control of public sales in the area.

18.--(1) A person shall not hold in the area a public sale of cattle unless the sale is approved of by the Minister.

(2) The Minister may, at his discretion, grant approvals for the purposes of this Article and any such approval may be granted subject to such conditions as the Minister considers appropriate and specifies in the approval or without conditions.

(3) A bovine animal shall not be exposed at any public sale of cattle approved of under this Article except as provided for in this Article.

(4) Subject to paragraph (5) of this Article and to Article 19 of this Order, cattle of the following classes only may be exposed at a public sale of cattle approved of under this Article--

(a) attested cattle,

(b) cattle from herds outside the area in respect of which identity cards have been issued by the Minister,

(c) cattle which during the period of 14 days ending at the material time 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.

(5) Cattle referred to in subparagraph (b) or (c) of paragraph (4) of this Article shall not be exposed at any public sale in the area at which cattle referred to in subparagraph (a) of paragraph (4) of this Article are exposed.

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

19.--(1) (a) Where cattle referred to in subparagraph (a) of paragraph (4) of Article 18 of this Order, not being cattle of a herd in the area, 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 and authorising their movement from the place from which they came.

(b) Where cattle referred to in subparagraph (a) of paragraph (4) of Article 18 of this Order, being cattle of a herd in the area, 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.

(2) Where cattle referred to in subparagraph (b) of paragraph (4) of Article 18 of this Order, not being cattle from a herd in the area, 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 authorising their movement to the sale.

(3) Where cattle referred to in subparagraph (c) of paragraph (4) of Article 18 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) where the test was carried out in the area--

(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 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 elsewhere in the State--

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

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

(c) 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 the test.

Notification of evidence of bovine tuberculosis.

20. Where a veterinary surgeon, in the course of any examination in the area, finds evidence of bovine tuberculosis in any animal or carcass, he shall notify the Secretary, Department of Agriculture, Dublin.

Inspection of documents.

21. A person having in his possession pursuant to this Order any documents or certificates shall, on demand made by a member of the Gárda Síochána or an authorised officer, produce the documents or certificates for inspection by such member or officer.

Examination of cattle by authorised officers.

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

Production by authorised officer of appointment.

23. 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.

Compliance with conditions of permit, approval or licence.

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

Omission.

25. Omission to carry out the requirements of a notice issued under this Order shall be an offence against the Principal Act.

Amendments and revocations.

26. (a) In the definition of "the area" contained in Article 2 of the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960 ( S.I. No. 178 of 1960 ), as amended by Article 3 of the Bovine Tuberculosis (Clearance Area) (Special Controls) (Amendment) Order, 1960 ( S.I. No. 218 of 1960 ), "Donegal, Mayo and Sligo and" are hereby deleted.

(b) In the definition of "the area" contained in Article 3 of the Bovine Tuberculosis (Clearance Area) (No. 1) Order, 1958 ( S.I. No. 78 of 1958 ) "Donegal" and "Mayo" are hereby deleted.

Article 7.

FIRST SCHEDULE.

FORM.

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 or which is or are suspected of being affected or capable of infecting cattle with tuberculosis 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.........day of .......................................19......

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

Veterinary Inspector.

Particulars of animal or animals

Ear No.	Breed	Description

Particulars of area

Article 8.

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 (Disinfection) Order, 1931 (S.R. & O., No. 59 of 1931).

GIVEN under my Official Seal, this First day of December, 1960.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order declares, with effect from 5th December, 1960, the administrative counties of Donegal, Mayo and Sligo to be an Attested Area, i.e., an area in which the Minister is satisfied that bovine tuberculosis is virtually non-existent. This Order (1) provides for compulsory tuberculin testing of cattle in the area in certain circumstances and prohibits testing, except with the permission of the Minister, (2) prohibits movement of cattle into the area, except under permit, and specifies the classes of cattle for which such permits shall be granted, (3) regulates movement of cattle into and out of herds, (4) controls public sales of cattle in the area and (5) provides for the disposal of reactors.

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	Irish Statutory Instruments
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Irish Statutory Instruments

S.I. No. 236/1960 -- Bovine Tuberculosis (Attested Area) Order, 1960.