S.I. No. 21/1969:

BRUCELLOSIS IN CATTLE (DISEASE-FREE AREA) (AMENDMENT) ORDER, 1969

BRUCELLOSIS IN CATTLE (DISEASE-FREE AREA) (AMENDMENT) ORDER, 1969

I, NEIL T. BLANEY, Minister for Agriculture and Fisheries, it appearing to me to be necessary for the purpose of the progressive eradication of brucellosis in cattle, do hereby, in exercise of the powers conferred on me by sections 3 , 20 , 27 and 58 of the Diseases of Animals Act, 1966 (No. 6 of 1966), order as follows :

1. (1) This Order may be sited as the Brucellosis in Cattle (Disease-Free Area) (Amendment) Order, 1969.

(2) The Brucellosis in Cattle (Disease-Free Area) Order, 1968 ( S.I. No. 112 of 1968 ), and this Order may be cited together as the Brucellosis in Cattle (Disease-Free Area) Orders, 1968 and 1969.

(3) This Order shall come into operation on the 17th day of February, 1969.

2. The Brucellosis in Cattle (Disease-Free Area) Order, 1968, shall be amended as follows :

(a) article 7 is hereby amended by the substitution of the following for paragraph (6) :

" (6) Where in any herd in the area a reactor or an animal in respect of which a provision of the act or of this Order has not been complied with is an eligible animal mentioned in article 20 (3) and has, to the satisfaction of the Minister, been effectively isolated from the other animals in the herd, the restriction on movement under this paragraph may be waived by the Minister at his discretion in respect either of the other animals or of specified animals in the herd.",

(b) in article 8 (1) " there is a reactor in a herd in the area ", shall be substituted for, " as a result of any test of any animal in the area, a reactor is disclosed,",

(c) article 9 is hereby amended by the addition of the following :

" (2) (a) Where the Minister intends to institute or has instituted a prosecution against an applicant for compensation mentioned in paragraph (1) for an offence under the act or any Order under the act, in relation to an animal which is the subject of the application, consideration of the application by the Minister in respect of such animal may be postponed pending the institution or determination of the prosecution.

(b) Where an applicant has failed to take reasonable care to protect against brucellosis an animal which is the subject of the application, the Minister or arbitrator may in assessing the compensation make a deduction estimated by him to be the amount of any loss to the Exchequer or to the applicant himself arising by reason of such failure ".

(d) article 13 is hereby amended by the insertion after " area " of ", or that an animal has aborted in the area ",

(e) article 16 is hereby amended by the addition of the following :

" A person shall not move unpasteurised milk or any unpasteurised dairy product out of a herd in the area in which a reactor has been disclosed for feeding in its unpasteurised state to bovine or other animals before he has been informed by an inspector of the Minister that the herd is free from brucellosis."; and

(f) article 20 is hereby amended by the substitution of " eligible animals mentioned in those paragraphs " for " animals " in paragraph (1).

GIVEN under my Official Seal, this 10th day of February, 1969.

NEIL T. BLANEY,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

This Order by amending the Brucellosis in Cattle (Disease-Free Area) Order, 1968 provides in relation to Co. Donegal (1) for the postponement or reduction of payment of compensation for reactor animals in certain circumstances (2) for the notification to the Minister by a veterinary surgeon of cases of abortion in cattle (3) for controls on the movement of unpasteurised dairy products from infected herds and (4) for other controls necessary to avoid the spread of brucellosis in cattle.