S.I. No. 121/1984:

BRUCELLOSIS IN CATTLE (GENERAL PROVISIONS) (AMENDMENT) ORDER, 1984.

BRUCELLOSIS IN CATTLE (GENERAL PROVISIONS) (AMENDMENT) ORDER, 1984.

I, AUSTIN DEASY, Minister for Agriculture, in exercise of the powers conferred on my by sections 3 , 19 , 27 and 48 of the Diseases of Animals Act, 1966 (No. 6 of 1966), as adapted by the Agriculture and Fisheries (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 31 of 1977 ), hereby order as follows:

1. (1) This Order may be cited as the Brucellosis in Cattle (General Provisions) (Amendment) Order, 1984.

(2) The Brucellosis in Cattle (General Provisions) Orders, 1980 to 1982, the Brucellosis in Cattle (General Provisions) (Amendment) Order, 1982 ( S.I. No. 306 of 1982 ), the Brucellosis in Cattle (General Provisions) (Amendment) (No. 2) Order, 1982 ( S.I. No. 312 of 1982 ), and this Order may be cited together as the Brucellosis in Cattle (General Provisions) Orders, 1980 to 1984.

(3) This Order shall come into operation on the 21st day of May, 1984.

2. In this Order "the Principal Order" means the Brucellosis in Cattle (General Provisions) Order, 1980 ( S.I. No. 286 of 1980 ).

3. The Principal Order is hereby amended by--

(a) the insertion in Article 2, after the definition of "eligible animal", of the following definition:

" 'free' means--

(a) in relation to a herd, that the herd is one to which a herd number is for the time being allocated by the Department of Agriculture and one which is not for the time being on a restricted holding,

(b) in relation to an animal, that the animal is of a herd which is both --

(i) a free herd, and

(ii) for the time being on land which is not comprised in a restricted holding;";

(b) the substitution of the following Article for Article 3:

"3. It appearing to the Minister to be necessary for the eradication of brucellosis and the Minister being satisfied that brucellosis is virtually non-existent in the State, for the purposes of such eradication and of the Act the State is hereby declared to be an attested or disease-free area.";

(c) the substitution of the following subparagraph for subparagraph (a) of Article 15(1):

"(a) came direct from an Officially Brucellosis Free Herd or a free herd or a herd in Northern Ireland which under the law of Northern Ireland, having regard in particular to the instruments made in Northern Ireland and entitled the Brucellosis Control Order (Northern Ireland) 1972, and the Brucellosis Control and Markets (Amendment) Order (Northern Ireland) 1982, or to any other instrument so made which revokes and replaces, in whole or in part, or amends the aforesaid instruments, is officially brucellosis free, or";

(d) the substitution of the following Article for Article 16:

"16. The person in charge of any animal, other than a castrate, which is being moved into the State, shall have in his possession a permit specifying the destination in the State of the animal and authorising the movement of the animal into the State. Where such an animal is being moved direct to a premises at which it is to be slaughtered, the permit shall, in lieu of specifying such destination of the animal, specify the premises and the period within which the animal is to be slaughtered.

Where such an animal is being moved through the State to a destination outside the State and while in the State, is to be neither unloaded, sold nor otherwise disposed of nor to be in contact with any other animal other than animals being so moved, the permit shall specify the port or other place through which the animal is to be moved out of the State.";

(e) the substitution of the following paragraph for paragraph (1) of Article 17:

"(1) A female animal of any age or a bull aged over twelve months shall not be exposed at any public sale of animals in the State unless such animal comes from an Officially Brucellosis Free Herd or a free herd or a herd in Northern Ireland which under the law of Northern Ireland, having regard in particular to the instruments made in Northern Ireland and entitled the Brucellosis Control Order (Northern Ireland) 1972, and the Brucellosis Control and Markets (Amendment) Order (Northern Ireland) 1982, or to any other instrument so made which revokes and replaces, in whole or in part, or amends the aforesaid instruments, is officially brucellosis free.";

(f) the substitution of the following Article for Article 23:

"23. A Veterinary Inspector or an authorised officer may examine any animal which is on any premises where a public sale of animals is taking place or which is being moved into or out of a holding or other land or into the State from Northern Ireland and such inspector or officer may make such inquiries in relation to the animal as may be reasonably necessary for the administration of this Order."

4. Article 27(1) of the Principal Order shall be construed and have effect as if the words "or the requirement of Article 18(3) of this Order as to notification" were deleted.

5. The following provisions of the Principal Order are hereby revoked:

(a) the definitions of "Brucellosis (Certified) Herd", "certified herd", "clearance area" and "free area" in Article 2,

(b) paragraph (3) of Article 18; and

(c) the First Schedule.

GIVEN under my Official Seal, this 14th day of May, 1984.

AUSTIN DEASY,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order extends the Brucellosis Free Area to include all 26 counties.