S.I. No. 120/1966:

BRUCELLOSIS IN CATTLE (CLEARANCE AREA) (GENERAL PROVISIONS) ORDER, 1966.

BRUCELLOSIS IN CATTLE (CLEARANCE AREA) (GENERAL PROVISIONS) ORDER, 1966.

I, CHARLES J. HAUGHEY, Minister for Agriculture and Fisheries, it appearing to me to be necessary for the purpose of the progressive eradication of brucellosis in cattle, do hereby, with the consent of the Minister for Finance as respects Article 8, in exercise of the powers conferred on me by sections 3 , 12 , 13 , 20 and 58 of the Diseases of Animals Act, 1966 (No. 6 of 1966) order as follows:

1. (1) This Order may be cited as the Brucellosis in Cattle (Clearance Area) (General Provisions) Order, 1966.

(2) This Order shall come into operation on the 26th day of May, 1966.

2. In this Order, except where the context otherwise requires--

" the Act " means the Diseases of Animals Act, 1966 (No. 6 of 1966);

" animal " means a bovine animal;

" anti-abortion vaccine " means any vaccine intended for use in the vaccination of an animal against brucellosis;

" 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 15 of this Order;

" approved laboratory " means a laboratory approved by the Minister for the purposes of this Order;

" the area " has the meaning assigned to it 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;

" brucellosis " means brucellosis in cattle;

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

" eligible animal " means any pregnant animal, any female animal aged eighteen months or over or any male animal aged nine months or over, except a castrate;

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

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

" reactor " means an animal which, by reason of the result of a test or otherwise, the Minister believes to be affected with brucellosis;

" sample " means a sample taken from an animal in the course of a test and comprised of one or more of the following--

(a) in the case of a male animal--blood or semen,

(b) in the case of a female animal--blood, milk, vaginal mucus, foetus or placenta;

" test " means a test for brucellosis and includes the taking of a sample.

3. This Order shall apply to any area which for the time being is declared by the Minister to be an area in which brucellosis is to be eradicated and any reference in this Order to the area shall be construed as a reference to any area to which this Order applies.

4. An animal in the area shall not be vaccinated with antiabortion vaccine except with the permission of the Minister.

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

(a) the taking of a sample shall be carried out by a veterinary surgeon or by an officer of the Minister authorised under section 25 (3) of the Act to take samples;

(b) subject to paragraph (2), at any test carried out by or on behalf of the Minister the owner or person in charge of the herd shall present all eligible animals (other than any reactors from previous tests or animals deemed to be reactors under the Bovine Tuberculosis (Attestation of the State) Order, 1965 ( S.I. No. 211 of 1965 )) in the herd for the taking of such samples as may be necessary to test all such animals in the herd;

(c) the owner or person in charge of an animal from which a sample is proposed to be or is being taken shall inform the person taking the sample of the existence of any circumstances of which he may be aware, including the previous use or application of anti-abortion vaccine, which may affect the accuracy of the test;

(d) a person who takes a sample shall make (and shall produce to an inspector of the Minister on request) a record with respect to the relevant animal comprising the following particulars, namely, the name and address of the owner, the herd number, the premises at which the sample was taken, the description and sex of the animal, the approved ear-tag number of the animal and such other particulars as the Minister may require;

(e) a person who takes a sample shall forthwith send the sample to an approved laboratory together with such particulars as the Minister may require;

(f) if an animal from which a sample is being taken does not already bear an approved ear-tag--

(i) the person taking the sample 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;

(g) after the taking of a sample a test shall be completed only at a laboratory approved by the Minister for the purposes of this Order.

(2) The Minister may as respects a test mentioned in paragraph (1) (b) authorise in writing the testing of specific animals only in a herd.

6. (1) No person shall administer to an animal any substance for the purpose of affecting the accuracy of any test of the animal.

(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) is not contravened in relation to the animal.

7. (1) Where, as a result of any test of any animal in the area, a reactor is disclosed, the following provisions shall apply :

(a) a mark consisting of a diamond shaped hole of five-eighths of an inch side punched in the left ear may be applied to the reactor by an officer of the Minister authorised under section 25 (3) of the Act to apply marks, and the owner or person in charge of the reactor shall permit the authorised officer so to mark the reactor;

(b) the owner or person in charge of the reactor shall immediately take all practicable steps to secure the effective isolation of the reactor and its maintenance pending its being taken possession of, slaughtered or removed for slaughter in accordance with this Order;

(c) possession of the reactor may, by agreement, be taken by or on behalf of the Minister and the reactor may be disposed of as the Minister thinks fit;

(d) in default of agreement as aforesaid, an inspector of the Minister may, by notice in the Form specified in the First Schedule to this Order and served on the owner of the reactor, require the slaughter of the reactor or its removal for slaughter under permit, within the period specified in the notice;

(e) in the case where there is a failure to comply with the requirements of the said notice, an inspector of the Minister or an authorised officer may take possession of the reactor (such inspector or 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) Without prejudice to any penalty that may have been incurred, the cost of taking possession of any animal pursuant to paragraph (1) (e), and of thereafter maintaining it and disposing of it, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

(3) An inspector of the Minister or an authorised officer may issue permits for the purpose of this Article.

(4) No person shall efface, obliterate, alter or remove any mark applied pursuant to this Article or apply any marking that could be confused with such marking.

8. (1) The following provisions shall apply as respects the making and determination of applications for, and the mode of assessment of, compensation to be paid under the Act by the Minister as respects an animal which has been taken possession of under Article 7 (1) (e) :

(a) the application shall be in writing and shall be sent to the Secretary, Department of Agriculture and Fisheries, Dublin;

(b) subject to the following provisions of this Article, the application shall be determined by the Minister;

(c) the compensation shall be equivalent to the market value of the animal as agreed upon between the applicant and the Minister, or in default of such agreement, as fixed by a valuer appointed by agreement between the applicant and the Minister or, in default of agreement as to the valuer, appointed by the Minister or as fixed by an arbitrator under sub-paragraph (d);

(d) in the event of the applicant disputing the determination of the application, the dispute shall be referred to the decision of an arbitrator appointed by agreement between the applicant and the Minister or, in default of agreement, appointed by the Minister, and the decision of such arbitrator shall be final and binding on both parties;

(e) the Minister shall, subject to the consent of the Minister for Finance as to their amount, pay the fees of any valuer appointed under this Article;

(f) for the purposes of this Article, the market value of an animal shall be the price which might reasonably have been obtained for the animal immediately before the taking of possession thereof under Article 7 (1) (e) from a purchaser in the open market, if the test of the animal, as a result of which it was so taken possession of, had not been carried out.

9. (1) An inspector of the Minister or an authorised officer may, by notice in writing served on the occupier of land or premises on which a reactor has been disclosed or evidence of brucellosis has been found in a carcase, direct the manner in which the infective material shall be disposed of. The inspector or authorised officer may also by such notice require such occupier to cleanse and disinfect specified parts of the land or premises within a specified period and in accordance with the provisions set out in the Second Schedule to this Order. Such inspector or officer may also by such notice require the disinfection by such occupier of any specified vehicle which he has reason to believe was used in the transportation of a reactor. In case a notice is served under this Article, the person on whom it is served shall comply with the requirements of the notice.

(2) A copy of the provisions set out in the said Second Schedule shall be incorporated with a notice under 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 on his behalf and the persons carrying out the requirements on behalf of the Minister are hereby authorised to enter on the relevant land or premises at any reasonable time for the purpose of carrying out the requirements.

(4) The cost of carrying out on behalf of the Minister pursuant to paragraph (3) 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.

(5) In this Article " land " includes any pond, stream or watercourse on or adjacent to land.

10. An inspector of the Minister or an authorised officer may, by notice in writing served on the occupier of any land or premises in the area, require such occupier to confine any animal specified in the notice, being an animal affected or suspected of being affected or capable of infecting animals with brucellosis, to the land or premises or any part thereof specified in the notice or to comply with such other restriction of movement of the animal as may be specified in the notice and any occupier on whom a notice under this Article is served shall comply with the requirements of the notice.

11. (1) The occupier of any land or premises in the area shall maintain the land or premises in such condition as the Minister considers necessary to avoid animals on adjoining lands or premises affecting animals on the first-mentioned land or premises with brucellosis.

(2) An inspector of the Minister or an authorised officer may, by notice in writing served on the occupier of any land or premises in the area, require such occupier to carry out specified repair or reconstruction of any byre or boundary fence on the land or premises within a specified period and any occupier on whom a notice under this Article is served shall comply with the requirements of the notice.

12. (1) The owner of any herd in the area shall keep records showing--

(a) the cattle in the herd and their identification mark, sex and type,

(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 land or premises into or out of which the movement took place, the name of the vendor or purchaser (if any) and, as respects each animal moved out of the herd, whether or not it was for slaughter,

(d) the date on which any animal in the herd was vaccinated with anti-abortion vaccine,

(e) the date on which any animal in the herd aborted.

(2) A person keeping records under this Article shall, on demand by an inspector of the Minister, by an authorised officer or by the veterinary surgeon taking a sample from an animal in the herd pursuant to Article 5, produce the records for inspection.

13. A person shall not move unpasteurised milk or any unpasteurised dairy by-product into the area or on to land or premises in the area for feeding to bovine or other animals unless such milk or dairy by-product--

(a) came direct from a herd which is for the time being entered in the register of brucellosis (certified) herds kept by the Minister,

(b) came direct from an area which as respects brucellosis is for the time being declared by the Minister to be an attested or disease-free area, or

(c) has been converted to powder form.

14. The owner or person in charge of an animal which aborts in the area shall immediately isolate the animal and any infective material and shall notify a District Veterinary Office with all practicable speed. Meanwhile the animal and infective material shall be maintained in isolation by the owner or person pending investigation by the Minister.

15. Where a veterinary surgeon has reason to believe or suspect the existence of brucellosis in any herd or in any carcase on any land or premises in the area he shall inform the owner or person in charge of the land or premises and shall with all practicable speed notify either the Secretary, Department of Agriculture and Fisheries, Dublin, or a District Veterinary Office.

16. An ear-tag to be used in accordance with this Order shall be--

(a) of a pattern approved by the Minister,

(b) such that when inserted in the ear of an 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.

17. Where an inspector of the Minister, an authorised officer or an officer of the Minister mentioned in Article 5 or 7 takes a sample, applies a mark, takes possession of a reactor or makes a demand pursuant to this Order, he shall, if requested, produce his appointment or authorisation for examination by the person concerned.

18. Where a person on whom a notice under this Order is served omits to carry out the requirements of the notice, the omission is hereby declared to be an offence under the Act.

FIRST SCHEDULE

BRUCELLOSIS IN CATTLE (CLEARANCE AREA)

(GENERAL PROVISIONS) ORDER, 1966

NOTICE TO OWNER OF REACTOR

To............................................................ ............................................................ .......... Herd No....................

of ............................................................ ............................................................ ..............................................

I, the undersigned, being an Inspector of the Minister, hereby give you notice as the owner of the undermentioned animal or animals which has or have reacted to a test for brucella infection that--

(a) the said animal or animals shall be caused by you to be slaughtered or removed from your premises under permit* for slaughter.

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

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

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

Inspector of the Minister,

* The necessary permit may be obtained on application to the District Veterinary Office.

Particulars of animal or animals

SECOND SCHEDULE

PROVISIONS RELATING TO CLEANSING AND DISINFECTION

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 vehicles, utensils or other articles used for or about any reactors shall be thoroughly cleansed and washed with a 4 per cent. solution of washing soda in hot water.

5. In case an abortion has occurred on pasture all cattle shall be removed from the field in which the abortion occurred and every effort made to dispose of the foetus and foetal membranes. Thereafter the site of the abortion shall be sprayed with an approved disinfectant and as soon as possible after the site has been so sprayed not less than two bales of staw shall be burned on it. The field in which the abortion occurred shall be kept free of cattle--

(a) in case the abortion occurs during the months of December, January, February, or March--during the period ending two months after the date of the abortion,

(b) in case the abortion occurs during any other month--during the period ending one month after the abortion.

6. The boots worn by, and the hands of, persons who have carried out the cleansing and disinfection shall be washed in an approved disinfectant.

7. 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 ).

GIVEN under my Official Seal, this 26th day of May, 1966.

CHARLES J. HAUGHEY,

Minister for Agriculture and Fisheries.

The Minister for Finance hereby consents to Article 8 of the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this 26th day of May, 1966.

JOHN LYNCH,

Minister for Finance.

EXPLANATORY NOTE.

This Order prohibits the vaccination of cattle against brucellosis except with the permission of the Minister, provides for the testing of cattle for brucellosis and for action consequent on the detection of the disease in a herd in an area which is declared a Clearance Area for the purpose of eradicating brucellosis in cattle.