S.I. No. 211/1965:

BOVINE TUBERCULOSIS (ATTESTATION OF THE STATE) ORDER, 1965.

BOVINE TUBERCULOSIS (ATTESTATION OF THE STATE) ORDER, 1965.

I, CHARLES J. HAUGHEY, Minister for Agriculture and Fisheries, being satisfied that bovine tuberculosis is now virtually non-existent in the State, do hereby, in exercise of the powers conferred upon 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), as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1965 ( S.I. No. 146 of 1965 ), order as follows:

1.--(1) This Order may be cited as the Bovine Tuberculosis (Attestation of the State) Order, 1965.

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

2. In this Order--

"the Acts" means the Diseases of Animals Acts, 1894 to 1960;

"animal" means a bovine animal;

"approved ear-tag" means an ear-tag which is of a pattern approved by the Minister and which complies with the other requirements of Article 25 of this Order;

"attested" means, in relation to an animal, that it is of a herd which is an attested herd and which is not a restricted herd;

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

"District Veterinary Office" means a district veterinary office of the Department of Agriculture and Fisheries;

"herd" includes a herd consisting of one animal only;

"the Minister" means the Minister for Agriculture and Fisheries;

"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;

"reactor" means an animal as respects which, by reason of a test or otherwise, a veterinary inspector is satisfied or suspects that it is affected with tuberculosis or is capable of infecting other animals with tuberculosis;

"restricted herd" means a herd as respects which a declaration has been made under Article 12 of this Order and which thereafter has not ceased under that Article to be a restricted herd;

"test" means a test for bovine tuberculosis.

3. The State is hereby declared to be an area in which bovine tuberculosis is virtually non-existent.

4. Cattle shall not be vaccinated against tuberculosis or Johne's Disease (para-tuberculosis) except with the consent of the Minister.

5. Cattle shall not be tested for tuberculosis except with the consent of the Minister.

6.--(1) The following provisions shall have effect in relation to a test:

(a) except where otherwise specifically authorised in writing by the Minister, the test to be used shall be the single comparative intradermal tuberculin test using P.P.D. Weybridge mammalian and avian tuberculins;

(b) the test shall be carried out by a registered veterinary surgeon;

(c) the whole of the test shall be carried out by the same veterinary surgeon and shall be commenced and completed on the same premises;

(d) the test shall not be carried out in circumstances which may affect its accuracy;

(e) the owner or person in charge of an animal proposed to be or being tested shall inform the veterinary surgeon of the existence of any circumstances of which he may be aware, including the previous use or application of johnin, which may affect the accuracy of the test;

(f) each site at which tuberculin is injected shall, immediately before the injection of the tuberculin, be closely clipped over an area not less than a circle of one inch diameter;

(g) on the day on which the test is commenced, the veterinary surgeon carrying out the test shall send a notice of the test by post to the veterinary officer in charge of the District Veterinary Office in the area in which the test is being carried out;

(h) if the animal being tested does not already bear an approved ear-tag--

(i) the veterinary surgeon carrying out the test shall, at the commencement of the test, insert in the left ear of the animal an approved ear-tag,

(ii) the approved ear-tag shall bear the identification letter appropriate to the county in which the test is carried out and a serial number, and

(iii) the owner or person in charge of the animal shall permit the insertion of the ear-tag;

(i) at the commencement of any test in any herd, the owner or person in charge of the animal or animals proposed to be tested shall surrender to the veterinary surgeon carrying out the test all the identity cards issued by the Minister in respect of the animals in the herd;

(j) where at any test other than a test authorised under paragraph (2) of this Article, the owner of a herd fails to present for testing all the cattle (excepting any reactors from previous tests) in his herd, the failure shall be an offence by him against the Acts;

(k) the veterinary surgeon carrying out the test shall report the result thereof to the Minister without delay in such form as may be directed by the Minister from time to time;

(l) where, in the opinion of the veterinary surgeon who carried out the test, an animal has given a positive reaction to the test, the veterinary surgeon shall forward to the District Veterinary Office in the area in which the test was carried out, with his report under subparagraph (k) of this paragraph, all the identity cards surrendered to him in accordance with subparagraph (i) of this paragraph;

(m) where, in the opinion of the veterinary surgeon who carried out the test, none of the animals tested has given a positive or inconclusive reaction to the test, the veterinary surgeon shall endorse each of the identity cards surrendered to him in accordance with subparagraph (i) of this paragraph with an indication that the animal concerned has passed the test and return the identity cards, when duly endorsed, to the owner or person in charge of the herd;

(n) where, in the opinion of the veterinary surgeon who carried out the test, none of the animals tested has given a positive reaction but the result of the test of an animal or animals has been inconclusive, the veterinary surgeon shall--

(i) forward to the District Veterinary Office in the area in which the test was carried out, with his report under subparagraph (k) of this paragraph, the identity card of each animal as respects which the result was, in his opinion, inconclusive, and

(ii) endorse each of the remaining identity cards surrendered to him in accordance with subparagraph (i) of this paragraph with an indication that the animal concerned has passed the test and return those identity cards, when duly endorsed, to the owner or person in charge of the herd.

(2) The Minister may authorise in writing the testing of specific animals only in a herd.

7.--(1) No person shall--

(a) give to, or introduce into the body of, an animal any substance, or

(b) carry out any process or operation (including the making or obliterating of any identification mark) on, or apply any treatment (including treatment for inducing, reducing or preventing swelling) to the body of an animal,

for the purpose of affecting the accuracy of any test of the animal in accordance with this Order.

(2) It shall be the duty of the person in charge, whether as owner or otherwise, of an animal to take such care of the animal as will ensure that paragraph (1) of this Article is not contravened in relation to the animal.

8.--(1) Where an animal has given a positive reaction to a test--

(a) a person shall not, unless he is unaware that the animal has given such a reaction to such test, cause or permit the animal to be tested again with tuberculin, and

(b) a veterinary surgeon shall not, unless he is unaware that the animal has given such a reaction to such test, again test the animal with tuberculin.

(2) Where an animal has passed or given an inconclusive reaction to a test, then, within the period beginning on the commencement of the test and ending on the expiration of thirty consecutive days the first of which is the day of the commencement of the test--

(a) a person shall not, unless he is unaware that the animal has passed or given an inconclusive reaction to such test, cause or permit the animal to be tested again with tuberculin, and

(b) a veterinary surgeon shall not, unless he is unaware that the animal has passed or given an inconclusive reaction to such a test, again test the animal with tuberculin.

9. Where a veterinary surgeon finds evidence of bovine tuberculosis in any animal or carcase on any premises, he shall inform the owner or person in charge of the premises and shall notify either the Secretary, Department of Agriculture and Fisheries, Dublin, or the District Veterinary Office in the area in which the premises are situate, before the expiration of the day next following the day on which he found such evidence.

10. Where--

(a) there is a reactor, or

(b) evidence of bovine tuberculosis is found in any animal,

on any premises, the owner or person in charge of the animal shall immediately take all practicable steps to secure the effective isolation of the animals.

11. Where--

(a) there is a reactor, or

(b) evidence of bovine tuberculosis is found in any animal,

on any premises, the occupier of the premises shall take all practicable steps to prevent the infection of cattle on adjoining land by contact with cattle on the premises and, subject to Article 12 of this Order, shall not during the period of seven days commencing on the day on which such reactor or evidence is found, allow any animal to be moved off the premises except under permit under this Article.

12.--(1) Where, by reason of a test or otherwise, a veterinary inspector is satisfied or has reasonable grounds for suspecting that an animal in a herd is a reactor or if he has reasonable grounds for suspecting that as respects any animal in the herd any provision of the Acts or of this Order has not been complied with, he shall declare the herd a restricted herd and shall so notify the owner or person in charge of the herd in the form specified in Part I of the First Schedule to this Order.

(2) The owner or person in charge of a restricted herd shall, upon being notified that the herd is a restricted herd in accordance with paragraph (1) of this Article, if he has not already pursuant to subparagraph (i) of paragraph (1) of Article 6 of this Order surrendered any identity cards issued by the Minister in respect of the animals in the herd, deliver forthwith to a veterinary inspector or authorised officer every such card.

(3) No animal may be moved into or out of a restricted herd except under permit under this Article.

(4) An authorised officer may, at his discretion, issue permits for the purposes of this Article and may specify in such permits any conditions (including conditions to be fulfilled after the cattle have been moved) which he considers appropriate.

(5) Where by reference to a subsequent investigation, a veterinary inspector is satisfied and so informs the owner or person in charge of the herd, that the herd is free from tuberculosis, the herd shall cease to be a restricted herd.

13. An authorised officer may mark a reactor by punching a diamond-shaped hole of five-eighths of an inch side in the left ear of the animal and the owner or person in charge of the animal shall permit the authorised officer so to mark the animal.

14.--(1) Where a reactor is disclosed by a test or otherwise the following provisions shall apply:

(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 Part II of the First Schedule to this Order served on the owner of the animal, require the slaughter or disposal of the animal for slaughter 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.

15.--(1) An authorised officer may, by notice in writing served on the occupier of premises on which a reactor has been disclosed or evidence of tuberculosis has been found in any animal or carcase, 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.

16. A veterinary inspector may, by notice in writing served on the occupier of any land, require such occupier to carry out specified repair or reconstruction of cow byres or boundary fences on the land within a specified period.

17.--(1) An authorised officer may, by notice in writing, served on the occupier of any land or premises, require the occupier to keep any specified animals and any goats or swine on the land or premises, being animals, goats or swine affected or suspected of being affected or capable of infecting cattle with tuberculosis, under specified control or to confine such animals, goats or swine to a specified part of the land or premises.

(2) Where an authorised officer is satisfied or has reasonable grounds for suspecting that an animal is not an attested animal or if he has reasonable grounds for suspecting that as respects the animal any provision of the Acts or of this Order has not been complied with, he may, by notice in writing served on the owner or person in charge of the animal, require that the owner or the person shall not move the animal from premises specified in the notice other than to such other premises and along such route as may be specified in the notice and the authorised officer may by the notice require the owner or the person to retain the animal on such premises and for such period as may be specified in the notice.

(3) Where an authorised officer serves a notice under paragraph (2) of this Article, the person upon whom the notice is served shall forthwith surrender to him any identity card issued by the Minister in respect of the animal to which the notice relates or any permit mentioned in Article 22 of this Order which relates to such animal.

18.--(1) Cattle, other than attested cattle, may not be moved into any herd except under permit under this Article.

(2) An authorised officer may, at his discretion, issue permits for the purposes of this Article and may attach to and specify in such permits any conditions (including conditions to be fulfilled after the cattle have been moved into the herd) which he considers appropriate.

19.--(1) Where an animal in respect of which an identity card has been issued by the Minister is sold or otherwise disposed of, the owner or person in charge of the animal 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 exported, the owner or person in charge of the animal shall forthwith surrender the identity card to a veterinary inspector or authorised officer.

20.--(1) No animal shall be moved into premises 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 mentioned in Article 22 of this Order or by a permit or a licence authorising its movement into premises for slaughter and issued under this Order.

(2) Whenever an animal is moved into premises 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 and Fisheries, Dublin, or

(b) send it by post to the District Veterinary Office in the area within which the premises are situate, or

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

21. Where an animal is moved into premises in accordance with Article 20 of this Order and is slaughtered, the person in charge of the premises shall--

(1) keep such record of the ear-tag letter and number given on the identity card, permit or licence which accompanied the animal as shall enable the carcase of the animal to be related to such ear-tag, and

(2) produce the record for inspection by a veterinary inspector or an authorised officer on demand.

22.--(1) Cattle shall not be moved into the State from Northern Ireland except in accordance with paragraph (2) of this Article.

(2) Subject to Article 23 of this Order, where cattle are being moved into the State from Northern Ireland, the person in charge of the cattle shall have in his possession a permit issued by the Ministry of Agriculture in Northern Ireland establishing that each animal being moved is an attested animal under the law of Northern Ireland and authorising its movement from the place from which it came.

(3) A person having a permit in his possession pursuant to this Article shall, on demand made by an officer of customs and excise, a preventive officer at a customs or frontier post, a member of the Garda Síochána or an authorised officer, produce it for inspection by such officer or member.

23.--(1) Subject to paragraph (3) of this Article and notwithstanding any other provision of this Order, cattle may be moved under licence under this Article into the State from Northern Ireland or into or out of a herd or into premises at which they are intended to be slaughtered.

(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) which he considers appropriate.

24.--(1) An animal shall not be exposed at any public sale of cattle except as provided for by this Article.

(2) Animals of the following classes only may be exposed at a public sale--

(a) attested cattle in respect of which identity cards have been issued by the Minister,

(b) attested cattle not more than six weeks old which have not undergone a test.

(c) cattle moved into the State from Northern Ireland in accordance with the provisions of Article 22 of this Order.

(3) Where cattle referred to in subparagraph (a) of paragraph (2) are exposed at a public sale, 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 mentioned in subparagraph (c) of paragraph (2) are exposed at a public sale, the person in charge of the cattle shall have in his possession a permit issued by the Ministry of Agriculture in Northern Ireland establishing that each animal is an attested animal under the law of Northern Ireland.

25.--(1) An ear-tag to be used in accordance with this Article or Article 6 of this Order shall be--

(a) of a pattern approved by the Minister,

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

(c) 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,

(d) made of rigid, durable material, and

(e) clearly legible.

(2) A veterinary inspector or authorised officer may apply or cause to be applied to any animal any mark which he considers necessary for the purpose of identification and the owner or person in charge of the animal shall permit such marking.

(3) No person other than an authorised officer, or a veterinary surgeon authorised to do so, may remove an approved ear-tag from a live animal.

(4) No person may efface, obliterate or alter any ear-tag or other mark applied pursuant to this Order or apply a mark that could be confused with a tag or mark applied pursuant to this Order.

26. A person having in his possession pursuant to this Order any identity card issued by the Minister or any document shall, on demand made by a member of the Garda Síochána or an authorised officer, produce the identity card or document for inspection by such member or officer.

27. An authorised officer may examine any cattle exposed at any public sale or being moved into or out of a herd or into any premises at which they are intended to be slaughtered or into the State from Northern Ireland and may make any inquiries in relation to the cattle as may be reasonably necessary for the administration of this Order.

28. 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.

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

30. Omission to carry out the requirements of any Article of this Order or of a notice, permit or licence issued under this Order shall be an offence against the Acts.

31. The Orders mentioned in the Third Schedule to this Order are hereby revoked.

FIRST SCHEDULE.

PART I

BOVINE TUBERCULOSIS (ATTESTATION OF THE STATE) ORDER, 1965.

DECLARATION OF HERD AS A RESTRICTED HERD.

TO ............................................................ .................... HERD NO. ............................................................ ..

OF ............................................................ ............................................................ ............................................

I, the undersigned, being a Veterinary Inspector, do hereby give you notice, as owner or person in charge of the herd referred to above, that the said herd is hereby declared a restricted herd under Article 12 of the above-mentioned Order.

No bovine animal may be moved into, or out of, a restricted herd except under the authority of a permit.

Dated this ............................ day of .................................., 19.......

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

Veterinary Inspector.

PART II

BOVINE TUBERCULOSIS (ATTESTATION OF THE STATE) ORDER, 1965.

NOTICE TO OWNER OF REACTOR.

TO ............................................................ ................ HERD NO. ...........................................................

OF ............................................................ ............................................................ ....................................

I, the undersigned, being a Veterinary Inspector, do hereby give you notice as the owner of the undermentioned animal which is a reactor that animals which are reactors

(1) the said animal or animals shall be caused by you to be slaughtered on your premises or removed from your premises and slaughtered,

(2) such slaughter or removal and slaughter must be effected within .................. days from the date of this notice.

Dated this............... day of ........................................................., 19.......

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

Veterinary Inspector.

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 were deemed to be reactors 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 under the Diseases of Animals (Disinfectant) Order, 1931, ( S. R. & O. No. 59 of 1931 ).

THIRD SCHEDULE.

ORDERS REVOKED.

GIVEN under my Official Seal this 19th day of October, 1965.

CHARLES J. HAUGHEY,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

This Order declares, with effect from 19th October, 1965, the State to be an Attested Area, i.e. an area in which the Minister is satisfied that bovine tuberculosis is virtually non-existent.

The Order also (1) prohibits testing of cattle for tuberculosis and vaccination of cattle against tuberculosis or Johne's Disease, except with permission; (2) prescribes the type of test to be used for testing cattle for tuberculosis and regulates such testing; (3) regulates movement of cattle into the State from Northern Ireland, into premises in the State for slaughter and into and out of herds; (4) controls public sales of cattle; (5) requires the transfer or surrender of identity cards relating to cattle in certain circumstances; (6) provides for disposal of reactors and (7) revokes Orders previously made under the Diseases of Animals (Bovine Tuberculosis) Act, 1957 .