S.I. No. 117/1959:

BOVINE TUBERCULOSIS (CLEARANCE AREA) (CAVAN AND MONAGHAN) ORDER, 1959.

BOVINE TUBERCULOSIS (CLEARANCE AREA) (CAVAN AND MONAGHAN) ORDER, 1959.

I, PATRICK SMITH, Minister for Agriculture, it appearing to me to be necessary for the purpose of the progressive eradication of bovine tuberculosis, do hereby, in exercise of the powers conferred on me by section 22 of the Diseases of Animals Act, 1894, and section 2 of the Diseases of Animals (Bovine Tuberculosis) Act, 1957 (No. 14 of 1957), order as follows :

1.--(1) This Order may be cited as the Bovine Tuberculosis (Clearance Area) (Cavan and Monaghan) Order, 1959.

(2) This Order shall come into operation on the 20th day of July, 1959.

2. In this Order--

" the Act " means the Diseases of Animals (Bovine Tuberculosis) Act, 1957 (No. 14 of 1957) ;

" the area " has the meaning specified in Article 3 ;

" authorised officer " means a person appointed by the Minister to be an authorised officer for the purpose of this Order ;

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

" the Minister " means the Minister for Agriculture ;

" the Principal Act " means the Diseases of Animals Act, 1894, as amended or adapted by or under subsequent enactments.

3. Such area as consists of the administrative counties of Cavan and Monaghan (in this Order referred to as the area) is hereby declared to be an area in which bovine tuberculosis is to be eradicated.

4.--(1) The owner of any herd of cattle in the area who has not had his cattle tested for tuberculosis under the Bovine Tuberculosis Eradication Scheme or has not arranged for his cattle to be so tested shall, before the 1st day of October, 1959, arrange for the testing of his cattle in accordance with that Scheme.

(2) As from the 1st day of October, 1959, all herds of cattle in the area shall be tested annually (that is to say, once in each period of twelve months beginning on the 1st day of October) for tuberculosis, excepting any reactors from previous tests, and the owners respectively of such herds shall cause such tests to be carried out.

(3) The veterinary surgeon who carries out any test pursuant to this Article shall report the result thereof to the Minister without delay and give a statement of the result to the owner of the herd.

(4) Cattle in the area shall not be tested with tuberculin except--

(a) in accordance with the requirements of the Diseases of Animals Acts, 1894 to 1957, or any Order made there under,

(b) as required by the Minister under the Milk and Dairies (Special Designation) Regulations, 1938 to 1955,

(c) as required by the Minister for the testing of bulls intended to be brought to a show or sale or intended to be used or used for artificial insemination, or

(d) by a registered veterinary surgeon in the ordinary course of his practice.

(5) In this Article " Bovine Tuberculosis Eradication Scheme " means the scheme for the eradication of bovine tuberculosis which was initiated by the Minister in September, 1954.

5. Where, as a result of any test pursuant to Article 4 of this Order, a reactor is disclosed, the veterinary surgeon who carried out the test shall brand the reactor by punching a diamond-shaped hole in the left ear of the animal at the completion of the test.

6. Where, as the result of any test of cattle in the area for tuberculosis, a reactor is disclosed, 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 by or on behalf of the Minister or removed out of the area or slaughtered.

7.--(1) Where, as a result of any test of cattle in the area for tuberculosis, a reactor is disclosed--

(a) 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.

(b) in default of agreement as aforesaid, a veterinary inspector may, by notice in Form A specified in the First Schedule to this Order served on the owner of the reactor, require the slaughter or removal out of the area of the reactor, within the period specified in the notice,

(c) in case there is a failure to comply with the requirements of the said notice, a veterinary inspector or authorised officer may, on production, if requested, of his appointment, take possession of the reactor (such inspector or authorised officer being for this purpose hereby authorised to enter, accompanied by such assistance 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) The cost of taking possession of any cattle pursuant to subparagraph (c) of paragraph (1) of this Article, and of thereafter maintaining the cattle and disposing of them, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

8. An authorised officer may, by notice in writing, served on the occupier of any land or premises in the area, require such occupier to keep any specified animals on the land or premises, being animals affected or suspected of being affected or capable of infecting cattle with tuberculosis, under specified control or to confine such animals to a specified part of the land or premises.

9.--(1) An authorised officer may, by notice in writing served on the occupier of premises in the area on which a reactor has been disclosed, require such occupier to cleanse and disinfect specified parts of the premises within a specified period and in accordance with the provisions set out in the Second Schedule to this Order.

(2) A copy of the said provisions shall be incorporated with a notice served pursuant to 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, and the persons carrying out the requirements on behalf of the Minister are hereby authorised to enter on the relevant premises at any reasonable time for the purpose of carrying out the requirements.

(4) The cost of carrying out pursuant to paragraph (3) of this Article 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.

10. A veterinary inspector may, by notice in writing served on the occupier of any land in the area, require such occupier to carry out specified repair or reconstruction of cow byres or boundary fences on the land within a specified period.

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

(a) cattle in the herd and their identification marks and types,

(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 premises from or to which the movement took place, the name of the vendor or purchaser (as the case may be) and, in relation to each animal moved out of the herd, whether or not it was for slaughter.

(2) A person keeping records under this Article shall produce the records for inspection by an authorised officer on demand.

(3) Where an authorised officer makes a demand pursuant to paragraph (2) of this Article, he shall, if requested, produce his appointment for examination by the person on whom he makes the demand.

12. Where a person on whom a notice under this Order is served omits to carry out the requirements of the notice, the omission shall be an offence by him against the Principal Act.

13. The Bovine Tuberculosis (Clearance Area) (Sligo) Order, 1957 ( S.I. No. 217 of 1957 ), and the Bovine Tuberculosis (Clearance Area) (No. 1) Order, 1958 ( S.I. No. 78 of 1958 ), are hereby amended by the insertion in each of those Orders, of the following Article after Article 4 :

Article 7

FIRST SCHEDULE.

FORM A.

Diseases of Animals Acts, 1894 to 1957.

Notice to owner of reactor.

To ..........................................................

Of ..........................................................

............................................................ 

I, the undersigned, being a Veterinary Inspector, hereby give you notice as the owner of the undermentioned animal which has reacted to a tuberculin test that--

(1) the said animal shall be caused by you to be slaughtered or removed from your premises to a place outside the area,

(2) such slaughter or removal must be effected within days from the date of this notice, and

(3) in default of the slaughter or removal of the animal as specified, the Minister will take possession of the said animal and dispose of it as he thinks fit.

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

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

Veterinary Inspector.

Particulars of animal.

Article 9.

SECOND SCHEDULE.

Provisions relating to cleansing and disinfection of premises.

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 utensils or other articles used for or about any cattle which have reacted under a test for tuberculosis shall be thoroughly cleansed and washed with a 4 per cent. solution of washing soda in hot water.

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

6. In the foregoing provisions " approved disinfectant " means a disinfectant approved by the Minister for Agriculture under the Diseases of Animals (Disinfection) Order, 1931 ( S. R. & O. No. 59 of 1931 ).

GIVEN under my Official Seal, this 10th day of July, 1959.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

The effect of this Order is to declare, with effect from 20th July, 1959, Counties Cavan and Monaghan a Clearance Area, i.e., an area in which bovine tuberculosis is to be eradicated. It introduces compulsory tuberculin testing of cattle in the Area ; enables the compulsory branding, disposal and slaughter of reactors to the test and provides for any necessary disinfection or repair of cow byres.