S.I. No. 352 of 2002

Diseases of Animals Act 1966 (Porcine Reproductive and Respiratory Syndrome) (Notification and Control) Order 2002

I, Joe Walsh, Minister for Agriculture and Food, in exercise of the powers conferred on me by sections 3, 12 and 13 of No. 6 of 1966 ) (as adapted by the Agriculture, Food and Rural Development (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 306 of 2002 )), hereby order as follows --

1.       This Order may be cited as the Diseases of Animals Act 1966 (Porcine Reproductive and Respiratory Syndrome) (Notification and Control) Order 2002 and shall come into operation on 1 September 2002.

2.       (1)      In this Order -

“authorised officer” means a person authorised under section 17A (inserted by section 2 of the Diseases of Animals (Amendment) Act 2002 ( No. 6 of 1966 );

“licence” means a licence granted under Article 4.

(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 is to a paragraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended.

3.                 A person who has or has had in his possession or under his control a pig, semen or embryo of a pig, which is infected, or which he or she suspects to be infected with porcine reproductive and respiratory syndrome, and a veterinary surgeon who, whether by reason of an examination or otherwise, believes or suspects that a pig, semen or embryo of a pig is infected with porcine reproductive and respiratory syndrome, shall, with all practicable speed, notify the fact or suspicion to--

(a)  the Secretary General, Department of Agriculture and Food, Dublin 2, and

(b)  an authorised officer at the District Veterinary Office in whose functional area the pig, semen or embryo is located,.

4.       (1)      A person shall not move or cause or permit another person to move --

(a)         a pig,

(b)         the carcase of a pig,

(c)         a product derived from a pig,

(d)         the faeces or waste of a pig, or

(e)         other slurry that consists of or contains any matter derived from a pig

that is infected, suspected of being infected or may have been exposed, by contact or otherwise, to a risk of infection with porcine reproductive and respiratory syndrome out of the premises or other land on which it is located on the date notice is given pursuant to Article 3 except under and in accordance with a licence granted by an authorised officer assigned to the District Veterinary Office in whose functional area the thing aforesaid is situated.

(2)      A person shall not-

(a)      spread or cause or permit another person to spread on any land or premises, or

(b)      otherwise dispose of or cause another person to dispose of

a thing to which paragraph (1) relates except under and in accordance with a licence granted by an authorised officer assigned to the District Veterinary Office in whose functional area the thing aforesaid to which the licence relates is situated.

(3)      An authorised officer may grant a licence or refuse an application.

(4)      An application for a licence shall be made in a form, be accompanied by any material and contain any particulars that the authorised officer may specify.

(5)      An authorised officer may attach conditions to a licence, revoke or vary a condition or attach a new condition.

5.       The Diseases of Animals (Notification of Infectious Disease) Order 1992 ( S.I. No. 251 of 1992 ) is amended, in Article 2, by the deletion of “Porcine reproductive and respiratory syndrome”.

6.       A notification made under Article 3 of the Diseases of Animals (Notification of Infectious Disease) Order 1992 ( S.I. No. 251 of 1992 ) in respect of porcine reproductive and respiratory syndrome shall be deemed to be notification under Article 3.

7.       The Diseases of Animals (Notification of Infectious Disease) Order 1992 (Amendment) Order 1998 ( S.I. No. 353 of 1998 ) is revoked.

EXPLANATORY NOTE

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

This Order provides for the notification of suspected cases of porcine reproductive and respiratory syndrome (PRRS) and prescribes movement controls and controls on spreading slurry where the disease is suspected.

Published by the Stationary Office, Dublin