S.I. No. 176/1960:

BOVINE TUBERCULOSIS (14-DAY TEST) ORDER, 1960.

BOVINE TUBERCULOSIS (14-DAY TEST) ORDER, 1960.

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 (14-Day Test) Order, 1960.

(2) This Order shall come into operation on the 1st day of September, 1960.

2. In this Order--

"14-day tested" means, in relation to an animal, that it has been tested pursuant to and in accordance with this Order within the period of fourteen days ending at the material time and has passed the test;

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

"market clearance certificate (domestic)" means a certificate in the form specified in the Fourth Schedule to this Order;

"market clearance certificate (export)" means a certificate in the form specified in the Third Schedule to this Order;

"the Minister" means the Minister for Agriculture;

"tuberculin test certificate (domestic)" means a certificate in the form specified in the Second Schedule to this Order;

"tuberculin test certificate (export)" means a certificate in the form specified in the First Schedule to this Order.

3.--(1) The test to be used in testing cattle pursuant to this Order shall be the single intradermal comparative tuberculin test with P.P.D. Weybridge mammalian and avian tuberculins.

(2) For the purpose of the issue of a tuberculin test certificate (export) pursuant to this Order, the mammalian reaction only in the test shall be read.

4.--(1) A test pursuant to this Order shall be carried out in accordance with the following requirements:

(a) the test shall be carried out by a registered veterinary surgeon authorised by the Minister in writing to carry out tests pursuant to this Order;

(b) the test shall be commenced and completed on the same premises;

(c) the whole of the test shall be carried out by the same veterinary surgeon;

(d) on the day on which the test is commenced, the veterinary surgeon carrying out the test shall send a notice of the test by post to the Secretary, Department of Agriculture, Dublin;

(e) an approved ear-tag shall be inserted in the left ear of the animal--

(i) in the case of the testing of an attested herd or of animals in isolation in an attested herd, such test being read for the purpose of the issue of a tuberculin test certificate (export) pursuant to this Order--at the completion of the test, and

(ii) in any other case--at the commencement of the test.

(f) the ear-tag shall bear a shamrock symbol and the identification letter or letters of the veterinary surgeon carrying out the test (as stated in his authorisation) and be numbered so as to identify the animal;

(g) immediately after the insertion of the ear-tag, a mark shall except in the case of a pedigree animal (that is to say, an animal registered in a herd book kept by any society, club or association of breeders), be applied by means of a tattoo to the right ear of the animal;

(h) the tattoo mark shall consist of a numeral or numerals indicating the day of the month of the commencement of the test, the identification letter or letters of the veterinary surgeon carrying out the test (as stated in his authorisation) and a numeral or numerals indicating the month of the commencement of the test;

(i) the tattoo mark shall, where possible, be applied so as not to overlap any tattoo mark already in the ear;

(j) each site at which tuberculin is injected shall be closely clipped over an area not less than a circle of one inch diameter, immediately before the injection of the tuberculin;

(k) the ear-tag, and any other ear-tag which had been inserted in relation to any previous 14-day test of the animal, shall immediately on completion of the test, be removed by the veterinary surgeon from the ear of the animal unless the animal passed the test;

(l) the veterinary surgeon shall make (and shall produce to a veterinary inspector on request) a record with respect to the animal indicating the name and address of its owner, the time and date of the commencement of the test, the premises at which the test was conducted, the description and breed of the animal, the tattoo marks and ear-tag numbers of the animal, its age and sex and the interpretation of the test;

(m) on completion of the test, the veterinary surgeon shall furnish to the owner or person in charge of the animal--

(i) a tuberculin test certificate (export) if the animal gave a negative result to mammalian tuberculin in the test;

(ii) a tuberculin test certificate (domestic) if the animal gave a positive or inconclusive reaction to mammalian tuberculin in the test but passed the test.

(2) Where an ear-tag is required to be removed pursuant to subparagraph (k) of the foregoing paragraph, the owner or person in charge of the animal shall permit such removal.

(3) A single tuberculin test certificate (export) shall not be given in respect of two or more animals unless the animals are intended for export in one lot.

(4) Where an animal has been injected with tuberculin pursuant to this Order, the owner or person in charge of the animal shall keep it on the same premises until the completion of the test.

(5) Where an animal which has been injected with tuberculin pursuant to this Order has, in contravention of paragraph (4) of this Article, not been kept on the same premises until the completion of the test, the veterinary surgeon who injected the tuberculin shall not give a tuberculin test certificate (export) or tuberculin test certificate (domestic) in respect of any other animal which was injected with tuberculin pursuant to this Order at the same time and on the same premises.

(6) The Minister, at his discretion, may grant and revoke authorisations of registered veterinary surgeons to carry out tests pursuant to this Order.

(7) Where a veterinary surgeon has carried out tests pursuant to this Order in the month of September, 1960, or any subsequent month, he shall, during the first week of the month next following that month, send by post to the Secretary, Department of Agriculture, Dublin, a notice stating--

(a) the number of animals tested in that month, and

(b) the number of such animals who passed the tests.

(8) In this Article "approved ear-tag" means an ear-tag which--

(a) is such that when inserted in the ear of the animal, it becomes effectively closed and, if subsequently removed, cannot be used again;

(b) is such that, if identification letters or numbers borne by the ear-tag are altered (whether by addition, deletion or variation), the alteration is evident as such, and

(c) is made of rigid, durable material and is clearly legible.

(9) No person shall efface, obliterate, alter or remove any mark applied pursuant to this Article or apply any marking that could be confused with such marking.

5.--(1) Where a bovine animal has given a positive reaction to a test pursuant to this Order--

(a) a person shall not, unless he is unaware that the animal has given such a reaction to such a test, cause or permit the animal to be tested again with tuberculin pursuant to this Order, and

(b) a veterinary surgeon shall not, unless he is unaware that the animal has given such a reaction to such a test, again test the animal with tuberculin pursuant to this Order.

(2) Where a bovine animal has given a positive or an inconclusive reaction to mammalian tuberculin in a test pursuant to this Order which the animal passed or to which it gave an inconclusive reaction, then, within the period beginning on the commencement of the test and ending on the expiration of sixty consecutive days the first of which is the day of the commencement of the test--

(a) a person shall not, unless he is unaware that the animal has given such a reaction to such a test, cause or permit the animal to be tested again with tuberculin pursuant to this Order, and

(b) a veterinary surgeon shall not, unless he is unaware that the animal has given such a reaction to such a test, again test the animal with tuberculin pursuant to this Order.

(3) Where a bovine animal has given a negative result to mammalian tuberculin in a test pursuant to this Order, then, within the period beginning on the commencement of the test and ending on the expiration of thirty consecutive days the first of which is the day of the commencement of the test--

(a) a person shall not cause or permit the animal to be tested again with tuberculin pursuant to this Order; and

(b) a veterinary surgeon shall not again test the animal with tuberculin pursuant to this Order.

6.--(1) A bovine animal shall not be exported under the designation "14-day tested" unless--

(a) it is a 14-day tested animal;

(b) it is accompanied by a tuberculin test certificate (export) in respect of the relevant test pursuant to this Order signed by the veterinary surgeon who made that test or by a market clearance certificate (export) relating to that test signed by an authorised officer;

(c) the exporter or person in charge has taken all reasonable precautions to protect it from infection with tuberculosis; and

(d) it is suitably marked, for identification purposes, in accordance with this Order.

(2) A bovine animal shall not be exposed for sale under the designation "14-day tested" unless--

(a) it is a 14-day tested animal;

(b) it is accompanied by a tuberculin test certificate (export) or a tuberculin test certificate (domestic) in respect of the relevant test pursuant to this Order signed by the veterinary surgeon who made that test or by a market clearance certificate (export) or a market clearance certificate (domestic) relating to that test signed by an authorised officer;

(c) it is suitably marked, for identification purposes, in accordance with this Order; and

(d) the exposure for sale is effected in premises approved of by the Minister under Article 7 of this Order.

(3) Where--

(a) a person proposes to export or to expose for sale a bovine animal under the designation "14-day tested"; and

(b) a veterinary inspector or authorised officer, having examined the animal, informs such person that he is not satisfied that the relevant test pursuant to this Order has been carried out in accordance with the requirements of this Order or, whether or not that test has been completed, he suspects the accuracy thereof,

the following provisions shall have effect:

(i) subject to the next subparagraph, such person shall not so export or expose for sale the animal by reference to that test and, if he is in possession of any certificate under this Order relating to that test, he shall surrender it to the veterinary inspector or authorised officer;

(ii) if such person, by production of further evidence or otherwise, shows to the satisfaction of the veterinary inspector or authorised officer that the test either (as may be appropriate) was carried out in accordance with the requirements of this Order or was accurate, he may so export or expose for sale the animal by reference to that test and any certificate surrendered pursuant to the foregoing subparagraph shall be restored.

(4) Nothing in paragraph (2) of this Article applies--

(a) to a sale by a farmer of his own cattle on his own farm; or

(b) to a sale specifically authorised by the Minister and held in accordance with any conditions attached by the Minister to the authorisation.

7.--(1) A person shall not hold a sale of 14-day tested cattle save in premises for the time being approved of by the Minister in writing for the purposes of this Article.

(2) The Minister, at his discretion, may grant and revoke approvals of premises for the purposes of this Article and any such approval--

(a) may be granted either subject to such conditions as the Minister considers appropriate and specifies in the approval or without conditions; and

(b) may be granted either in respect of a limited period or without limitation as to period.

(3) Nothing in the foregoing paragraphs of this Article applies--

(a) to a sale by a farmer of his own cattle on his own farm; or

(b) to a sale specifically authorised by the Minister and held in accordance with any conditions attached by the Minister to the authorisation.

8. A person shall not, in any public announcement, advertisement or circular--

(a) in relation to a sale of 14-day tested cattle--refer to any of the cattle as having been tested save by the use of the expression "14-day tested"; or

(b) in relation to a sale of cattle which have passed a test under the scheme for the eradication of bovine tuberculosis which was initiated by the Minister in September, 1954, being cattle as respects which the Minister has specifically authorised the use in relation to them of a particular expression--refer to any of the cattle as having been tested save by the use of that expression.

9. Save as otherwise specified in this Order, nothing in this Order shall affect or restrict any Order previously made under the Diseases of Animals Acts, 1894 to 1957, or any of those Acts.

10. The Bovine Tuberculosis (14-Day Test) Order, 1958 ( S.I. No. 161 of 1958 ), the Bovine Tuberculosis (14-Day Test) (Amendment) Order, 1959 ( S.I. No. 103 of 1959 ), and the Bovine Tuberculosis (14-Day Test) (Amendment) Order, 1960 ( S.I. No. 27 of 1960 ), are hereby revoked.

Article 2.

FIRST SCHEDULE

BOVINE TUBERCULOSIS (14-DAY TEST) ORDER, 1960

TUBERCULIN TEST CERTIFICATE (EXPORT)

I,......................................................, M.R.C.V.S. (code letters.....................) hereby certify that I have applied a Tuberculin Test, with Weybridge tuberculins and in accordance with the requirements of the above-mentioned Order, to the animal(s) hereinafter specified and that this/these animal(s) gave a negative result to mammalian tuberculin in the test. The whole of the test was carried out by me personally.

Animal(s) owned by ............................................................ ............................................................ ................

Premises at which

test was conducted ............................................................ ............................................................ ................

Date and time of--

(to be inserted in writing)

(a) injection: Time....................................Date.................................Month..................196 .

(b) reading: Time......................................Date.................................Month..................196 .

Dated this..................day of............................................., 196 .

Signature of Veterinary Surgeon ............................................................ .........

Address............................................................ ...................................................

Article 2.

SECOND SCHEDULE

BOVINE TUBERCULOSIS (14-DAY TEST) ORDER, 1960

TUBERCULIN TEST CERTIFICATE (DOMESTIC)

I,............................................................ .................M.R.C.V.S. (code letters............) hereby certify that I have applied a Tuberculin Test, with Weybridge tuberculins and in accordance with the requirements of the above-mentioned Order, to the animal hereinafter specified and that this animal passed the test. The whole of the test was carried out by me personally.

Animal owned by ............................................................ ................................

Premises at which

test was conducted ............................................................ ..............................

Date and time of--

(to be inserted in writing)

(a) injection: Time..........................................Date................................Month..................196.

(b) reading: Time...........................................Date................................Month...................196.

Dated this............................................................ ......day of.............................................196 .

Signature of Veterinary Surgeon ............................................................ ...............................

Address............................................................ ...........................................

Article 2.

THIRD SCHEDULE

BOVINE TUBERCULOSIS (14-DAY TEST) ORDER, 1960

MARKET CLEARANCE CERTIFICATE (EXPORT)

I, the undersigned, being an authorised officer for the purposes of the above-mentioned Order, hereby certify that the *.......................................................... animals) hereinafter specified was/were included in the tuberculin test certificate (export) completed by ............................................................ ....M.R.C.V.S............................................................ ..on.........................to the effect that all animals tested gave a negative result to mammalian tuberculin in the test.

*insert number in writing.

Particulars of the test as shown on the certificate were:--

Animal(s) owned by ............................................................ ............................................................ ...............

Premises at which

test was conducted ............................................................ ..............................

Date and time of--

(to be inserted in writing)

(a) injection: Time..................................Date.................................Month..............196 .

(b) reading: Time....................................Date................................Month................196 .

PARTICULARS OF ANIMAL(S)

Dated this.........................................................day of.......................................................196 .

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

Authorised Officer

Article 2.

FOURTH SCHEDULE

BOVINE TUBERCULOSIS (14-DAY TEST) ORDER, 1960

MARKET CLEARANCE CERTIFICATE (DOMESTIC)

I, the undersigned, being an authorised officer for the purposes of the above-mentioned Order, hereby certify that the animal hereinafter specified was included in the tuberculin test certificate (domestic) completed by............................................................ ............................................................ .............................................

............................................................ .................................. M.R.C.V.S............................................................ ...............

............................................................ ...................................on............................................................ ............................

to the effect that the animal was tested and passed the test.

Particulars of the test as shown on the certificate were:--

Animal owned by ............................................................ .................................

Premises at which

test was conducted ............................................................ ..............................

Date and time of--

(to be inserted in writing)

(a) injection: Time.................Date.................Month..................196 .

(b) reading: Time.....................Date.................Month..................196 .

PARTICULARS OF ANIMAL

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

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

Authorised Officer

GIVEN under my Official Seal, this 18th day of August, 1960.

PATRICK SMITH.

Minister for Agriculture.

EXPLANATORY NOTE

The effect of this Order is to regulate the testing, sale and export of cattle that are subject to tuberculin testing within a period of 14-days prior to sale or export. The Order requires that the test to be used shall be the single intradermal comparative tuberculin test and prescribes the types of certificate which shall be issued by a veterinary surgeon. It revokes the Bovine Tuberculosis (14-Day Test) Orders, 1958 to 1960.