S.I. No. 193/1962:

BOVINE TUBERCULOSIS (SPECIAL CONTROLS) (DUBLIN) ORDER, 1962.

BOVINE TUBERCULOSIS (SPECIAL CONTROLS) (DUBLIN) 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 herds.

8. Licences for movement into the area or into 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. Revocations.

S.I. No. 193 of 1962.

BOVINE TUBERCULOSIS (SPECIAL CONTROLS) (DUBLIN) 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 (Special Controls) (Dublin) Order, 1962.

(2) This Order shall come into operation on the 22nd day of November, 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, 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;

" the Cattle Market " means the Dublin Cattle Market;

" clear herd " means a herd of cattle (other than attested cattle) 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 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), (4), (5), (6) and (7) of this Article, cattle of the following classes may be moved into the area :

(a) attested cattle,

(b) cattle (other than attested cattle) from a clear herd in a clearance area,

(c) cattle (other than attested cattle) from a clear herd in any other area,

(d) 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 ), or a test under the Bovine Tuberculosis Eradication Scheme and have passed the test,

(e) 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,

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

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

(h) any other cattle.

(2) Cattle, other than cattle referred to in subparagraph (b) of paragraph (1) of this Article, shall not be moved into the area except under permit under this Article.

(3) (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.

(4) 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.

(5) 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 the identity cards issued by the Minister in respect of the cattle.

(6) 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 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.

(7) Where cattle referred to in subparagraph (d) 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 completed pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, a tuberculin test certificate (export) or a tuberculin test certificate (domestic) issued under that Order, or a market clearance certificate in respect of the cattle;

(b) where the test was completed under the Bovine Tuberculosis Eradication Scheme, a certificate issued by the veterinary surgeon who carried out the test.

(8) (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 (c) of paragraph (1) of this Article :

(i) an authorised officer,

(ii) a member of the Garda Síochána,

(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 (c) 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 (d) 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 (h) 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 (3) 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) Cattle shall not be moved into a clear herd in the area except as provided for by paragraph (2) of 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 clear herd in a clearance area;

(c) cattle (other than attested cattle) from a clear herd in any other area;

(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, 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 the identity cards issued by the Minister in respect of the cattle.

(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 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.

(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) where the test was completed pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, a tuberculin test certificate (export) or a tuberculin test certificate (domestic) issued under that Order, or a market clearance certificate in respect of the cattle,

(b) where the test was completed under the Bovine Tuberculosis Eradication Scheme a certificate issued by the veterinary surgeon who carried out the test.

(7) Where cattle referred to in subparagraph (d) of paragraph (2) of this Article have been moved into a clear 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 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).

(8) (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.

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

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 a herd in the area or into or out of detention premises 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) 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 clear herd in a clearance area;

(c) cattle (other than attested cattle) from a clear herd in any other area;

(d) cattle which, during the period of 14 days ending immediately before the day of the sale, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, 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 the identity cards issued by the Minister in respect of the cattle.

(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 a permit authorising movement of the cattle to the sale.

(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) Where the test was completed pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, a tuberculin test certificate (export) or a tuberculin test certificate (domestic) issued under that Order or a market clearance certificate in respect of the cattle,

(b) where the test was completed under the Bovine Tuberculosis Eradication Scheme, a certificate issued by the veterinary surgeon who carried out the test.

(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 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.

13. An authorised officer may examine any cattle being moved into the area or into premises approved of under this Order or into herds in the area 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 or is slaughtered 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 14-day tested cattle or for export as the equivalent of a 14-day tested animal 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. The Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) (Dublin) Order, 1962 ( S.I. No. 150 of 1962 ) is hereby revoked.

GIVEN under my Official Seal, this 15th day of November, 1962.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order (1) regulates the movement of cattle into the administrative county and county borough of Dublin and the movement of cattle into and out of herds and approved premises in the area; (2) regulates the public sale of cattle in the area; (3) prohibits the tuberculin testing of cattle in the area, except with the permission of the Minister, and (4) requires, in certain circumstances, the surrender to the Department of identity cards and ear-tags relating to cattle.

It revokes the Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) (Dublin) Order, 1962 ( S.I. No. 150 of 1962 ).