S.I. No. 266/1961:

BOVINE TUBERCULOSIS (CONTROL OF MOVEMENT AND PUBLIC SALES OF CATTLE) (No. 2) ORDER, 1961

BOVINE TUBERCULOSIS (CONTROL OF MOVEMENT AND PUBLIC SALES OF CATTLE) (No. 2) ORDER, 1961

ARRANGEMENT OF ARTICLES

Article

1. Short title and commencement.

2. Definitions.

3. Restriction on testing.

4. General restriction on movement into the area.

5. Permits for movement into the area.

6. Movement into and out of approved premises.

7. Movement into and out of herds.

8. Licences for movement into the area or into herds in the area.

9. Restriction on holding of public sales in the area of cattle.

10. Control of public sales in the area of cattle.

11. Documents in relation to cattle at public sales in the area.

12. Inspection of documents.

13. Examination of cattle by authorised officers.

14. Production by authorised officer of appointment.

15. Retention and surrender of identity cards and ear-tags.

16. Notification of evidence of bovine tuberculosis.

17. Compliance with conditions of permit, approval or licence.

18. Revocations.

S.I. No. 266 of 1961.

BOVINE TUBERCULOSIS (CONTROL OF MOVEMENT AND PUBLIC SALES OF CATTLE) (No. 2) ORDER, 1961

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), as amended by Section 5 of the Diseases of Animals Act, 1960 (No. 26 of 1960), order as follows:

1. (1) This Order may be cited as the Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) (No. 2) Order, 1961.

(2) This Order shall come into operation on the 4th day of December, 1961.

2. In this Order--

" the area " means such area as consists of--

(a) the administrative counties of Kildare, Louth, Meath and Offaly.

(b) the administrative county of Westmeath exclusive of the part lying west of the River Shannon and the part lying west of the River Inny, and

(c) the part of the administrative county of Wicklow, consisting of the rural district of Baltinglass No. 1 as existing immediately before the 1st day of October, 1925;

" attested " means, in relation to an animal, that it is--

(a) of an attested herd,

(b) from an attested area,

(c) of a herd in Northern Ireland which, under the law of Northern Ireland, is a herd corresponding to an attested herd, or

(d) from an area in Northern Ireland which, under the law of Northern Ireland, is an area corresponding to an, attested area;

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

" Bovine Tuberculosis Eradication Scheme " means the scheme for the eradication of bovine tuberculosis which was initiated by the Minister in September, 1954;

" clear herd " means a herd of cattle in a clearance area, the most recent test of which was a clear test (that is to say, a test with tuberculin at which no reactor was disclosed and which was carried out subsequent to the date on which the area was declared by Order of the Minister to be a clearance area);

" the Minister " means the Minister for Agriculture;

" public sale " means any sale of cattle other than--

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

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

3. Cattle in the area shall not be tested for tuberculosis except with the permission in writing of the Minister.

4. Cattle, other than cattle from a clear herd situated within a clearance area, shall not be moved into the area except as provided for by this Order.

5.--(1) Subject to paragraphs (2), (3) and (4) of this Article, cattle of the following classes may be moved into the area under permit under this Article

(a) attested cattle,

(b) cattle (other than attested cattle) which come from a herd in respect of which identity cards have been issued by the Minister,

(c) cattle which, during the period of 14 days ending immediately before the day of their entry into the area, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960 ( S.I. No. 176 of 1960 ), and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by that Order and have passed the test,

(d) cattle intended for slaughter at premises registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, or licensed under the Slaughter of Cattle and Sheep Acts, 1934 to 1936, within such period as may be specified in the permit,

(e) cattle being moved through the area to destinations outside the area without being unloaded or sold or otherwise disposed of within the area.

(2) Where cattle referred to in subparagraph (a) of paragraph (1) of this Article are being moved into the area, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are attested cattle and authorising their movement from the place from which they came.

(3) Where cattle referred to in subparagraph (b) of paragraph, (1) of this Article are moved into the area, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are from a herd in respect of which identity cards have been issued by the Minister and authorising their movement from the place from which they came.

(4) Where cattle referred to in subparagraph (c) of paragraph (1) of this Article are being moved into the area, the person in charge of the cattle shall have in his possession--

(a) where the test was carried out in the State--

(i) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(ii) a tuberculin test certificate (domestic) issued under the said Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iii) a market clearance certificate in respect of the cattle,

(b) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.

(5) (a) Each of the following persons may, subject to the cattle concerned being examined by him, issue permits for the purposes of this Article, except in the case of cattle referred to in subparagraphs (a) and (b) of paragraph (1) of this Article:

(i) an authorised officer,

(ii) a member of the Gárda Síochána,

(iii) an officer of customs and excise,

(iv) a preventive officer at a customs or frontier post.

(b) In the case of cattle referred to in subparagraphs (a) and (b) of paragraph (1) of this Article, permits for the purposes of this Article may be issued by an authorised officer.

6.--(1) Where cattle referred to in subparagraph (c) of paragraph (1) of Article 5 of this Order are moved into the area under permit--

(a) the cattle shall not be moved except into premises within the area approved of by the Minister for that purpose;

(b) if the cattle are on the approved premises after the expiration of the period of validity of the relevant veterinary certificate or market clearance certificate, they shall be retained in isolation on the approved premises until they have been again tested with tuberculin;

(c) the owner of the cattle shall make (and shall produce to a veterinary inspector or authorised officer, on request) a record with respect to such cattle indicating the tattoo marks and ear tag numbers of each animal, the date and manner of disposal and the name, address and herd number under the Bovine Tuberculosis Eradication Scheme of the person acquiring each animal.

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

(a) subject to such conditions as the Minister considers appropriate and specifies in the approval, and

(b) in respect of a limited period or without limitation as to period.

(3) This Article shall not apply to cattle moved into the area if they are moved into isolation in a herd which is owned by the person moving them.

7.--(1) Cattle shall not be moved into a herd in the area except as provided for by paragraph (2) of this Article.

(2) Subject to paragraphs (3), (4), (5) and (6) of this Article, cattle of the following classes may be moved into a herd in the area;

(a) attested cattle;

(b) cattle (other than attested cattle) from a herd outside the area in respect of which identity cards have been issued by the Minister;

(c) cattle from a herd in the area in respect of which identity cards have been issued by the Minister;

(d) cattle from a clear herd in the area;

(e) cattle from any other clear herd;

(f) cattle which, during the period of 14 days ending immediately before the day of their entry into the herd, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, and have passed the test, or have completed a test in Northern Ireland corresponding to that provided for by that Order and have passed the test.

(3) Where cattle referred to in subparagraph (a) of paragraph (2) of this Article are being moved into a herd, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are attested cattle and authorising their movement from the place from which they came.

(4) Where cattle referred to in subparagraph (b) of paragraph (2) of this Article are being moved into a herd, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are from a herd in respect of which identity cards have been issued by the Minister and authorising their movement from the place from which they came.

(5) Where cattle referred to in subparagraph (c) of paragraph (2) of this Article are being moved into a herd, the person in charge of the cattle shall have in his possession the identity cards issued by the Minister in respect of the cattle.

(6) Where cattle referred to in subparagraph (f) of paragraph (2) of this Article are being moved into a herd, the person in charge of the cattle shall have in his possession--

(a) where the test was carried out in the State--

(i) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(ii) a tuberculin test certificate (domestic) issued under the said Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iii) a market clearance certificate in respect of the cattle,

(b) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed the test.

(7) Where cattle referred to in subparagraph (f) of paragraph (2) of this Article have been moved into a clear herd in the area--

(a) the cattle shall not, except under permit under this Article be moved out of the herd unless and until they have been subjected to a test with tuberculin arranged by the Minister and have passed the test, and

(b) so long as the cattle remain in the herd and have not been so tested, they shall be isolated from all other cattle in the herd (except cattle which have been moved into isolation in the herd).

(8) (a) No animal shall, except under permit under this Article, be moved out of any herd in the area which it not a clear herd.

(b) Where by reference to subsequent testing, the herd becomes a clear herd, the restriction on movement under this paragraph shall cease to have effect.

(9) An authorised officer may, at his discretion, issue permits for the purposes of this Article.

8.--(1) Subject to paragraph (3) of this Article and notwithstanding any other provision of this Order, cattle may be moved into the area or into a herd in the area under licence under this Article.

(2) The Minister may, at his absolute discretion, issue licences for the purposes of this Article.

(3) Where the Minister issues a licence under this Article, he may attach to and specify in the licence any conditions (including conditions to be fulfilled after the cattle have been moved into the area or herd) which he considers appropriate.

9.--(1) A person shall not hold in the area a public sale of cattle save in premises approved of by the Minister.

(2) The Minister, at his discretion, may grant and revoke approvals 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.

10.--(1) A bovine animal shall not be exposed at any public sale in the area of cattle except as provided for in this Article.

(2) Subject to Article 11 of this Order, cattle of the following classes only may be exposed at a public sale in the area of cattle;

(a) attested cattle;

(b) cattle (other than attested cattle) from a herd outside the area in respect of which identity cards have been issued by the Minister;

(c) cattle from a herd in the area in respect of which identity cards have been issued by the Minister;

(d) cattle from a clear herd in the area;

(e) cattle from any other clear herd;

(f) cattle which, during the period of 14 days ending immediately before the day of the sale, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by that Order, and have passed the test.

11.--(1) Where cattle referred to in subparagraph (a) of paragraph (2) of Article 10 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are attested cattle and authorising their movement from the place from which they came.

(2) Where cattle referred to in subparagraph (b) of paragraph (2) of Article 10 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession a permit authorising movement of the cattle to the sale.

(3) Where cattle referred to in subparagraph (c) of paragraph (2) of Article 10 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession the identity cards issued by the Minister in respect of the cattle.

(4) Where cattle referred to in subparagraph (d) or (e) of paragraph (2) of Article 10 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession a certificate issued by a veterinary surgeon certifying that the cattle are from a clear herd.

(5) Where cattle referred to in subparagraph (f) of paragraph (2) of Article 10 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession--

(a) Where the test was carried out in the State--

(i) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960,

(ii) a tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iii) a market clearance certificate in respect of the cattle,

(b) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.

(6) An authorised officer may, at his discretion, issue permits or licences for the purposes of this Article.

12. A person having in his possession pursuant to this Order any permit, licence or certificate shall, on demand made by a member of the Gárda Sochána or an authorised officer, produce it for inspection by such member or officer.

13. An authorised officer may examine any cattle being moved into the area or into premises approved of under this Order or into herds in the area or exposed at any public sale in the area and may make any inquiries in relation to the cattle as may be reasonably necessary for the administration of this Order.

14. Where an authorised officer makes a demand or an examination pursuant to this Order, he shall, if requested, produce his appointment for examination by the person concerned.

15.--(1) Where an animal in respect of which an identity card has been issued by the Minister is sold or otherwise disposed of within the area, the owner or person in charge shall, at the time of the sale or disposal, give the identity card to the person acquiring the animal, or his agent.

(2) Where an animal in respect of which an identity card has been issued by the Minister dies or is slaughtered within the area, the owner or person in charge shall--

(a) retain the identity card and any ear-tag which had been inserted in the animal,

(b) on demand made by an authorised officer, surrender to him the identity card and any such ear-tag.

(3) Where an animal in respect of which an identity card has been issued by the Minister is moved out of the area (and such movement is not to an attested herd or attested area or to an approved sale of 14-day tested cattle or for export as the equivalent of a 14-day tested animal or otherwise under a permit issued by an authorised officer or a licence issued by the Minister establishing that the cattle are from a herd in respect of which identity cards have seen issued by the Minister and authorising their movement from the place from which they came) the owner or person in charge shall, before the expiration of the day next following the day of such movement either--

(a) send the identity card by post to the Secretary, Department of Agriculture, Dublin, or

(b) send by post or deliver the identity card to the veterinary officer in charge of any district office established for the purposes of the administration of the Bovine Tuberculosis Eradication Scheme.

16. Where a veterinary surgeon in the course of any examination or test for tuberculosis (other than a test carried out under the Bovine Tuberculosis Eradication Scheme) in the area finds evidence of bovine tuberculosis in any animal or carcase, he shall notify the Secretary, Department of Agriculture, Dublin, before the expiration of the day next following the day on which he found such evidence.

17. The conditions specified in any permit, approval or licence issued under this Order shall be complied with.

18. The Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) Order, 1961 ( S.I. No. 39 of 1961 ), as amended by the Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) (Amendment) Order, 1961 ( S.I. No. 136 of 1961 ), shall, in so far as it applies to the area, cease to have effect.

GIVEN under my Official Seal, this 27th day of November, 1961.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE

This Order (1) prohibits movement of cattle, except under permit into Cos. Kildare, Louth, Meath, Offaly, Westmeath (excluding the parts of the county lying west of the River Shannon and west of the River Inny) and the part of county Wicklow consisting of the rural district of Baltinglass No. 1 and specifies the classes of cattle for which such permits shall be granted, (2) regulates movement of cattle into and out of herds, (3) controls public sales of cattle held in the area and (4) prohibits tuberculin testing of cattle, except with the permission of the Minister.

It revokes the Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) Order, 1961 ( S.I. No. 39 of 1961 ), as amended, in so far as it applies to the counties mentioned.