S.I. No. 120/1972:

BRUCELLOSIS IN CATTLE (DISEASE-FREE AREA) (AMENDMENT) ORDER, 1972.

BRUCELLOSIS IN CATTLE (DISEASE-FREE AREA) (AMENDMENT) ORDER, 1972.

I, JAMES GIBBONS, 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 and 20 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 (Disease-Free Area) (Amendment) Order, 1972.

(2) The Brucellosis in Cattle (Disease-Free Area) Orders, 1968 to 1970, and this Order may be cited together as the Brucellosis in Cattle (Disease-Free Area) Orders, 1968 to 1972.

(3) This Order shall come into operation on the 25th day of May, 1972.

2. The Brucellosis in Cattle (Disease-Free Area) Order, 1968 ( S.I. No. 112 of 1968 ), is hereby amended by--

(a) the substitution in Article 3 (1), as amended by Article 2 of the Brucellosis in Cattle (Disease-Free Area) (Amendment) Order, 1970 ( S.I. No. 29 of 1970 ), of "counties of Cavan, Donegal, Leitrim, Mayo, Monaghan and Sligo" for "counties of Cavan, Donegal, Leitrim, Monaghan and Sligo",

(b) the substitution in paragraph (3) (b) of Article 5 of "any eligible animals or female animals aged less than twelve months" for "the eligible animals",

(c) the substitution in Article 5 (3) of the following subparagraph for subparagraph (d)--

"(d) where the person who took the samples has been notified by a District Veterinary Office that none of the animals tested has given a positive or inconclusive reaction to the test, the person who took the samples shall endorse each of the brucellosis certified cards for eligible animals (if any) surrendered to him in accordance with subparagraph (b) with an indication that the animal concerned has passed the test and shall return such brucellosis certified cards, when duly endorsed, and any other brucellosis certified cards so surrendered and the identity cards to either the owner or the person in charge of the herd;",

(d) the substitution in Article 5 (3) (e) of the following clause for clause (ii)--

"(ii) endorse each of the remaining brucellosis certified cards for eligible animals (if any) surrendered to him in accordance with subparagraph (b) with an indication that the animal concerned has passed the test and return those brucellosis certified cards, when duly endorsed, and any other brucellosis certified cards so surrendered and the identity cards to either the owner or the person in charge of the herd.",

(e) the addition of the following subparagraph to paragraph (3) of Article 5--

"(f) where samples have been taken from all the eligible animals in a herd, no female animal aged less than twelve months shall be moved out of the herd or off the premises on which the samples were taken, except under permit under this Article, until the tests have been completed and either the owner or the person in charge of the animals has been informed of the results of the tests.",

(f) the substitution in paragraph (2) of Article 7 of "any eligible animals or female animals aged less than twelve months" for "the eligible animals",

(g) the insertion in both subparagraph (a) and subparagraph (b) of paragraph (3) of Article 7 after "eligible animal" of "or female animal aged less than twelve months",

(h) the insertion in subparagraph (a) of paragraph (3) of Article 21 after "eligible animal" of "or a female animal aged less than twelve months",

(i) the substitution in Article 21 (3) of the following subparagraph for subparagraph (b)--

"(b) Where an eligible animal or a female animal aged less than twelve months which has come from a Brucellosis (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 authorising the movement of the animal from a Brucellosis (Certified) Herd 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.",

(j) the insertion in paragraph (4) of Article 21 of "or female animals" after "eligible animals" in both places where that expression occurs,

(k) the insertion in paragraph (5) of Article 21 after "Eligible animals" of "or female animals aged less than twelve months", and

(l) the substitution of the following for Part 1 of the First Schedule (inserted by Article 2 of the Brucellosis in Cattle (Disease-Free Area) (Amendment) Order, 1970 ( S.I. No. 29 of 1970 ))--

"PART I

BRUCELLOSIS IN CATTLE (DISEASE-FREE AREA) ORDER, 1968.

DECLARATION OF HERD AS A RESTRICTED HERD

3. (1) The Brucellosis in Cattle (Declaration of Clearance Areas) Order, 1970 ( S.I. No. 134 of 1970 ), the Brucellosis in Cattle (Movement Control) Order, 1970 ( S.I. No. 135 of 1970 ), and the Brucellosis in Cattle (Movement Control) (Supplementary Provisions) Order, 1971 ( S.I. No. 176 of 1971 ), as amended by the Brucellosis in Cattle (Movement Control) (Supplementary Provisions) (Amendment) Order, 1971 ( S.I. No. 326 of 1971 ) shall with respect to the administrative county of Mayo cease to have effect.

(2) Where, immediately before the commencement of this Order, a restriction on movement under Article 8 of the Brucellosis in Cattle (Movement Control) Order, 1970, was in force in relation to a herd, or to an animal in a herd, as the case may be, in the county of Mayo, notwithstanding paragraph (1) of this Article, the provisions of the said Article 8 shall in relation to the herd or animal, as may be appropriate, its owner and any person who is for the time being in charge of the herd or animal, as may be appropriate, 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 8 of the Brucellosis in Cattle (Movement Control) (Supplementary Provisions) Order, 1971, was in force in relation to a herd in the said county, notwithstanding the said paragraph (1), the provisions of the said Article 8 shall in relation to the herd continue in force in the same manner as if this Order had not come into operation.

GIVEN under my Official Seal, this 16th day of May, 1972.

JAMES GIBBONS,

Minister for Agriculture and Fisheries

EXPLANATORY NOTE.

This Order by amending the Brucellosis in Cattle (Disease-Free Area) Order, 1968, adds County Mayo to the Brucellosis Disease-Free Area and extends the existing controls on the movement of animals in the Area with regard to restricted herds and to public sales to include all female animals regardless of age.