S.I. No. 318 of 2001

Diseases of Animals Act, 1966 (Foot-and-Mouth Disease) Restriction on Exhibition, Sale and Transport of Animals) Order, 2001

I, Joe Walsh, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by sections 3 and 28 (a) of the Diseases of Animals Act, 1966 (No. 6 of 1966) (as adapted by the Agriculture and Food (Alteration of Name of Department and Title of Minister Order, 1999 ( S.I. No. 307 of 1999 )), hereby order as follows --

1.         This Order may be cited as the Diseases of Animals Act, 1966 (Foot-and-Mouth Disease) Restriction on Exhibition, Sale and Transport of Animals) Order, 2001 and shall come into operation on 9^th July, 2001.

2.(1)    In this Order --

“animal” means a member of the bovine, ovine, caprine or porcine species or any other biungulate;

“authorised officer” means a person authorised pursuant to section 17A (inserted by section 2 of the Diseases of Animals Act, 1966 (No. 6 of 1966) ;

“livestock mart” means a livestock mart licensed, or required to be licensed, under section 3 of the Livestock Marts Act, 1967 ( No. 3 of 1967 );

“sell” includes offer, expose and keep for sale, invite an offer to buy, or distribute for reward and cognate words shall be construed accordingly;

“supply” includes give without reward.

(2)     A reference to an Article is to an Article of this Order, unless it appears that a reference to some other enactment is intended and a reference to a paragraph or sub-paragraph is to a paragraph or sub-paragraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended.

3.(1)    Subject to paragraphs (2) and (3), a person shall not exhibit, sell or supply an animal or cause or permit another person to exhibit, sell or supply an animal at a livestock mart, market or fair.

(2)     Subject to paragraph (3), paragraph (1) shall not apply to the exhibition, sale or supply of a breeding ewe, ram, a bovine animal or a porcine animal that has not been sold or supplied during the preceding 30 days.

(3)     A person shall not exhibit, sell or supply or cause or permit another person to exhibit, sell or supply an animal of a particular species at a place, including a livestock mart, market or fair, on the same day that an animal of a different species has been exhibited sold or supplied at that place.

(4)     A person shall not have in his or her possession or under his or her control an animal that has been exhibited, sold or supplied in contravention of paragraph (1) or transported to a livestock mart, market or fair in contravention of Article 4.

4.        A person shall not, on any day, transport animals of more than one species to a particular livestock mart, market or fair.

5.(1)    A person shall not operate a livestock mart, market or fair unless he or she has given at least 24 hours notice in writing to the District Veterinary Office in whose area the livestock, mart, market or fair is located of his or her intention to do so.

(2)     A person shall not operate a livestock mart, market or fair, sell or supply an animal or cause or permit another person to sell or supply an animal at a livestock mart, market or fair --

(a)      other than between 9.00 hours in the forenoon and 18.00 hours in the afternoon, or

(b)      other than at such times as may be approved in writing by an authorised officer at the District Veterinary Office within whose functional area the livestock mart, market or fair is located.

6.         The Foot and Mouth Disease (Prohibition of Exhibition and Sale of Animals) Order, 2001 ( S.I. No. 50 of 2001 ) and the Foot and Mouth Disease (Prohibition of Exhibition and Sale of Animals) (Amendment) Order, 2001 ( S.I. No. 275 of 2001 ) are revoked.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This order provides for certain conditions regarding the exhibit, sale and transport of animals.

Published by the Stationery Office, Dublin 2