S.I. No. 22/1969:

BRUCELLOSIS IN CATTLE (MOVEMENT CONTROL) ORDER, 1969.

BRUCELLOSIS IN CATTLE (MOVEMENT CONTROL) ORDER, 1969.

I, NEIL T. BLANEY, 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, in exercise of the powers conferred on me by sections 3 , 20 and 27 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 (Movement Control) Order, 1969.

(2) This Order shall come into operation on the 17th day of February, 1969.

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

" animal " means a bovine animal;

" 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;

" brucellosis ", except in Article 1, means brucellosis in cattle;

" Brucellosis (Certified) Herd " means a herd which is for the time being entered in the register of brucellosis (certified) herds kept by the Minister;

" certified herd " means a herd which is in the area within the meaning of the Brucellosis in Cattle (Disease-Free Area) Order, 1968 ( S.I. No. 112 of 1968 ), in respect of which brucellosis certified cards have been issued by the Minister and in relation to which there is not for the time being in force a restriction on movement under Article 7 of that Order;

" clear herd " means a herd in respect of which brucellosis certified cards have been issued by the Minister and in relation to which there is not for the time being in force a restriction on movement under Article 11 (1);

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

" eligible animal " means any female animal aged twelve 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;

" 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 which by reason of the result of a test or otherwise the Minister has reason to believe is infected with brucellosis;

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

3. (1) The provisions of this Order shall apply to such area as consists of the administrative counties of Cavan, Leitrim, Monaghan and Sligo (in this Order referred to as the area).

(2) A holding situate partly within the area shall, for the purposes of this Order, be deemed to be wholly within the area.

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

5. (1) Subject to paragraph (2), animals of the following classes may be moved into the area:

(a) any animal which is not an eligible animal,

(b) an eligible animal which--

(i) has come from a Brucellosis (Certified) Herd, from a certified herd, or from a herd in Northern Ireland which is a herd corresponding to a Brucellosis (Certified) Herd, or

(ii) during the period of 14 days ending immediately before the day of its entry into the area has undergone a test and has passed the test, or

(iii) is 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 is intended for slaughter, or

(iv) is being moved through the area to a destination outside the area without either being unloaded or sold or otherwise disposed of within the area, or being, while in the area, in contact with any animal other than an animal being so moved.

(2) (a) Where an animal referred to in paragraph (1) (b) which satisfies the requirement of paragraph (1) (b) (i) is being moved into the area, the person in charge of the animal shall have in his possession a permit authorising the movement of the animal from a Brucellosis (Certified) Herd or from a certified herd, as may be appropriate or a permit issued by the Ministry of Agriculture in Northern Ireland authorising the movement of the animal from a herd in Northern Ireland which is a herd corresponding to a Brucellosis (Certified) Herd.

(b) Where an animal referred to in paragraph (1)(b) which satisfies the requirement of paragraph (1) (b) (ii) is being moved into the area, the person in charge of the animal shall have in his possession a certificate signed by an inspector of the Minister or an authorised officer or issued by the Ministry of Agriculture in Northern Ireland to the effect that, within the preceding 14 days, the animal has passed a test.

(c) Where an animal referred to in paragraph (1) (b) which satisfies the requirement of paragraph (1) (b) (iii) is being moved into the area, the person in charge of the animal shall have in his possession a permit authorising the movement of the animal and specifying the premises within which and the period within which the animal is intended to be slaughtered.

(d) Where an animal referred to in paragraph (1) (b) which satisfies the requirement of paragraph (1) (b) (iv) is being moved into the area, the person in charge of the animal shall have in his possession a permit authorising the movement of the animal to a destination outside the area.

(3) Where an animal in respect of which a certificate or permit mentioned in this Article has been signed or issued 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 certificate or permit to the person acquiring the animal, or to his agent.

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

6. Animals shall not be moved into a clear herd in the area except as provided for by this Order.

7. (1) Subject to paragraphs (2) and (3), the following eligible animals may be moved into a clear herd in the area, namely:

(a) an eligible animal which has come from a Brucellosis (Certified) Herd,

(b) an eligible animal which has come from a certified herd,

(c) an eligible animal which has come from a herd in Northern Ireland which is a herd corresponding to a Brucellosis (Certified) Herd,

(d) an eligible animal which has come from a clear herd, and

(e) an eligible animal which during the period of 14 days immediately before the day of its entry into the herd has undergone a test and has passed the test.

(2) Where an eligible animal is being moved into a clear herd in the area, the person in charge of the animal shall have in his possession--

(a) in case the animal is an animal mentioned in subparagraph (a), (b) or (c) of paragraph (1)--a permit described in Article 5 (2) (a),

(b) in case the animal is an animal mentioned in paragraph (1) (d)--the brucellosis certified card issued by the Minister in respect of the animal, and

(c) in case the animal is an animal mentioned in paragraph (1) (e)--a certificate described in Article 5 (2) (b).

(3) Where an eligible animal mentioned in paragraph (1) (e) has been moved into a clear herd in the area the following provisions shall apply:

(a) the owner or person in charge of the animal shall, before the expiration of the day next following the day of such movement, notify the District Veterinary Office for his area in writing of the movement;

(b) so long as the animal remains in the herd it shall be isolated from all other animals in the herd (except animals which are being isolated in accordance with this paragraph);

(c) where by reference to subsequent testing, an inspector of the Minister is satisfied and so informs the owner or person in charge of the herd that the animal is free from brucellosis the restriction on movement under this paragraph shall cease.

(4) Where any animal which is not an eligible animal is moved into a clear herd in the area otherwise than from another such herd it shall, for the period of six weeks from the date of such movement, be isolated from all other animals in the herd (other than animals which are being isolated in accordance with this paragraph).

(5) An inspector of the Minister or an authorised officer may issue certificates and permits for the purposes of this Article.

8. (1) (a) An eligible animal shall not, except under permit under this Article, be moved into or out of a herd in the area which is not a clear herd.

(b) Where by reference to subsequent testing the Minister is satisfied and so informs the owner or person in charge of the herd that the herd is free from brucellosis the restriction on movement under this paragraph shall cease.

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

9. (1) Animals shall not be exposed at a public show or sale of cattle in the area except as provided for by this Article.

(2) Subject to paragraphs (3), (4) and (5), animals may be exposed at a public show or sale of cattle in the area.

(3) (a) Where an eligible animal which has come from a clear herd in the area is exposed at a public show or sale of cattle in the area the person in charge of the cattle shall have in his possession the brucellosis certified card issued by the Minister in respect of the animal.

(b) Where an eligible animal which has come from a Brucellosis (Certified) Herd, from a certified herd, or from a herd in Northern Ireland which is a herd corresponding to a Brucellosis (Certified) Herd is exposed at a public show or sale of cattle in the area, the person in charge of the cattle shall have in his possession a permit described in Article 5 (2) (a).

(4) Where eligible animals mentioned in subparagraphs (a) and (b) of paragraph (3) are exposed at a public show or sale of cattle in the area, they shall at all times be kept separate from any other animals, they shall lead any parade regardless of category and the sale of such eligible animals shall be terminated before the sale of any other animals commences in the same place on the day of such sale.

(5) Eligible animals which are not animals mentioned in paragraph (3) may be exposed at a public sale of cattle in the area only under and in accordance with a licence granted in that behalf by the Minister.

10. Notwithstanding any other provision of this Order, cattle may be moved into the area or into or out of a herd in the area or into premises at which they are intended to be slaughtered or may be exposed at a public show or sale in the area under and in accordance with a licence granted in that behalf by the Minister.

11. (1) Where there is a reactor in a herd in the area, the following provisions shall apply:

(a) no eligible animal shall, except under permit under this Article, be moved into or put out of the herd,

(b) the owner or person in charge of the herd shall surrender to an inspector of the Minister or to an authorised officer any identity cards or brucellosis certified cards issued by the Minister in respect of the eligible animals in the herd,

(c) where, by reference to subsequent testing, an inspector of the Minister is satisfied, and so informs the owner or person in charge of the herd, that the herd is free from brucellosis, the restriction on movement under this paragraph shall cease,

(d) where the reactor disclosed is an animal mentioned in Article 7 (3) and has, to the satisfaction of the Minister, been effectively isolated from other animals in the herd, the restriction on movement under this paragraph may at the discretion of the Minister be waived in respect of specified animals in the herd.

(2) Where the result of a test of an animal in a herd in the area is inconclusive and an inspector of the Minister so informs the owner or person in charge of the animal, the following provisions shall apply:

(a) the animal shall not, except under permit under this Article, be moved out of the herd,

(b) such owner or person shall surrender to the inspector of the Minister or to an authorised officer any identity card or brucellosis certified card issued by the Minister in respect of the animal,

(c) where, by reference to subsequent testing, an inspector of the Minister is satisfied, and so informs the owner or person in charge of the herd, that the animal is free from brucellosis, the restriction on movement under this paragraph shall cease.

(3) An inspector of the Minister or an authorised officer may issue permits for the purpose 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, an inspector of the Minister, an officer of Customs and Excise or an authorised officer, produce it for inspection by such member, inspector or officer.

13. An authorised officer may, in relation to cattle in the area, cattle being moved into the area or into or out of herds in the area or cattle being exposed at any public show or sale of cattle in the area, make such inquiries as may be reasonably necessary for the administration of this Order.

14. Where an inspector of the Minister or an authorised officer makes a demand or enquiry 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 a brucellosis certified 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 brucellosis certified card to the person acquiring the animal, or his agent.

(2) Where an animal in respect of which a brucellosis certified card has been issued by the Minister--

(a) dies or is slaughtered within the area, or

(b) is moved into a herd in the area which is neither a Brucellosis (Certified) Herd nor a clear herd, or

(c) is moved out of the area,

the owner or person in charge of the animal shall, before the expiration of the day next following the day of such death, slaughter or movement, either send the card by post to the Secretary, Department of Agriculture and Fisheries, Dublin, or send it by post or otherwise deliver the card to the veterinary officer in charge of any District Veterinary Office.

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

17. (1) The Brucellosis in Cattle (Movement Control) Order, 1967 ( S.I. No. 62 of 1967 ), the Brucellosis in Cattle (Movement Control) (Amendment) Order, 1968 ( S.I. No. 45 of 1968 ), and the Brucellosis in Cattle (Movement Control) (Amendment) (No. 2) Order, 1968 ( S.I. No. 113 of 1968 ), are hereby revoked.

(2) Where, immediately before the commencement of this Order, a restriction on movement under Article 10 (1) of the Brucellosis in Cattle (Movement Control) Order, 1967, was in force in relation to a herd in the area, notwithstanding paragraph (1), the following provisions shall apply:

(a) subparagraphs (a) and (c) of the said Article 10 (1) and Article 10 (3) of the said Order shall in relation to the herd continue in force in the same manner as if this order had not come into operation; and

(b) in case the requirement of subparagraph (b) of the said Article 10 (1) was not then complied with the said requirement shall in relation to the owner or person in charge of the herd continue in force in the same manner as if this Order had not come into operation.

(3) Where, immediately before the commencement of this Order, a restriction on movement under Article 10 (2) of the Brucellosis in Cattle (Movement Control) Order 1967 was in force in relation to an animal in a herd in the area, notwithstanding paragraph (1), the following provisions shall apply:

(a) subparagraphs (a) and (c) of the said Article 10 (2) and Article 10 (3) of the said Order shall in relation to the animal continue in force in the same manner as if this Order had not come into operation; and

(b) in case the requirement of subparagraph (b) of the said Article 10 (2) was not then complied with the said requirement shall in relation to the owner or person in charge of the animal continue in force in the same manner as if this Order had not come into operation.

GIVEN under my Official Seal, this 10th day of February, 1969.

NEIL T. BLANEY,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

This Order (1) controls the movement of certain classes of animals into and within Counties Cavan, Leitrim, Monaghan and Sligo including the exposure of animals for public sale and (2) provides for the production, surrender and transfer in certain circumstances of brucellosis certified cards and other documents relating to cattle.

The Order revokes the Brucellosis in Cattle (Movement Control) Order, 1967 ( S.I. No. 62 of 1967 ) and the relevant amending Orders.