S.I. No. 85/1996:

BOVINE TUBERCULOSIS (ATTESTATION OF THE STATE AND GENERAL PROVISIONS) (AMENDMENT) ORDER, 1996.

BOVINE TUBERCULOSIS (ATTESTATION OF THE STATE AND GENERAL PROVISIONS) (AMENDMENT) ORDER, 1996.

I, IVAN YATES, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by sections 3 , 13 , 20 and 27 of the Diseases of Animals Act, 1966 (No. 6 of 1966) as adapted by the Agriculture and Food (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 11 of 1993 ), hereby order as follows:

1. (1) This Order may be cited as the Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order, 1996.

(2) This Order shall come into operation on the 1st day of April, 1996.

2. In this Order--

"the Order of 1990" means the Bovine Tuberculosis (Attestation of the State and General Provisions) (No. 2) Order, 1990 ( S.I. No. 230 of 1990 ); and

"the Principal Order" means the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 ( S.I. No. 308 of 1989 ).

3. Article 2 of the Principal Order is hereby amended by the deletion of the definitions of "herd owner" and "private test".

4. Article 5 of the Principal Order is hereby amended by the substitution of the following paragraph for paragraph (2):

"(2) Where a veterinary surgeon enters on any holding with the intention of carrying out a test on any animals thereon, he shall require the owner, occupier or person in charge of the holding to make a declaration in writing in the form specified in the First Schedule to this Order".

5. Article 6 (1) of the Principal Order is hereby amended by--

( a ) the substitution of the following subparagraph for clause (ii) of subparagraph (j):

"(ii) prior to the commencement of any such test the owner or person in charge of the animal or animals intended to be tested, shall make a declaration in writing in the form specified in the First Schedule to this Order,",

( b ) the substitution of the following subparagraph for subparagraph (k):

"(k) the veterinary surgeon carrying out the test shall report the result thereof to the District Veterinary Office in the area in which the test was carried out, within 7 working days of the completion of the test, in such form as may be directed by or on behalf of the Minister from time to time, and attach thereto any declaration made under Article 5 (2) of this Order or under subparagraph (j) (ii) of this paragraph;", and

( c ) the substitution of the following paragraph for paragraph (l):

"(l) where, in the opinion of the veterinary surgeon who carried out the test, an animal tested has given a positive result, the veterinary surgeon shall, within 3 working days of the completion of the test, forward to the District Veterinary Office in the area in which the test was carried out, with his report under subparagraph (k) of this paragraph, all the identity cards surrendered to him in accordance with subparagraph (i) of this paragraph;,"

6. Article 12 (1) of the Principal Order is hereby amended by the substitution of the following paragraph for paragraph (b):

"(B) as respects any animal on a holding, there has been a failure to comply with--

(i) a provision of the Act or of this Order, or

(ii) a requirement under paragraph (1) of Article 37A of this Order,".

7. Article 17 of the Principal Order is hereby amended by--

( a ) the substitution of the following subparagraph for subparagraph (a) (inserted by the Order of 1990) of paragraph (2):

"( a) during the period of 12 months ending on the date of the movement, it has given a negative result to a test, or", and

( b ) the substitution of the following subparagraph for subparagraph (a) (inserted by the Order of 1990) of paragraph (3):

"(a) during the period of 12 months ending on the date of the movement, it has given a negative result to a test, or".

8. Article 23 of the Principal Order is hereby amended by the substitution of the following subparagraph for subparagraph (a) (inserted by the Order of 1990) of paragraph (3):

"(a) free animals in respect of which there are identity cards showing that the animals have passed a test within the period of 12 months ending on the date of the sale, and to the left ears of which eartags stand attached in pursuance of this Order, or".

9. The Principal Order is hereby amended by the insertion of the following articles:

"37A (1) The Minister may, from time to time, by notice in the form set out in the Sixth Schedule to this Order, served on the owner, require the owner to have each animal in the herd tested within such period and in accordance with such directions as may be specified in the notice.

(2) An owner who fails to comply with a requirement under paragraph (1) of this Article shall be guilty of an offence.

(3) Where an owner fails to comply with a requirement under paragraph (1) of this Article a veterinary inspector may test each animal in the herd to which a notice under the said paragraph (1) relates. The costs of such a test may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

(4) In this Article "owner", in relation to a herd, means the owner or person in charge of the herd.

37B (1) Any notice required to be served under Article 37A of this Order shall be addressed to the person concerned and served in one of the following ways:

( a ) by delivering it to the person concerned,

( b ) by leaving it at the address at which the person ordinarily resides,

( c ) by sending it by post in a prepaid registered letter addressed to the person or at that person's last known residence or place of business in the State, or

( d ) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to the person to that address.

(2) Where the name of the person concerned cannot be ascertained by reasonable inquiry, a notice under this Order may be addressed to "the owner".

(3) For the purposes of this section, a company registered under the Companies Acts, 1963 to 1990, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.".

10. The Principal Order is hereby amended by the addition of the following new Schedule:

"SIXTH SCHEDULE

Article 37A

BOVINE TUBERCULOSIS (ATTESTATION OF THE STATE AND GENERAL PROVISIONS) ORDER, 1989.

NOTICE UNDER ARTICLE 37A (1)

(inserted by the Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order, 1996).

Failure to comply with the terms of this notice is an offence.

Minister for Agriculture, Food and Forestry.

11. The Order of 1990 is hereby revoked.

GIVEN under my Official Seal, this 28th day of March, 1996.

IVAN YATES,

Minister for Agriculture, Food and Forestry.

EXPLANATORY NOTE.

This Order (1) increases the validity period of the bovine tuberculosis premovement test to 12 months in respect of the domestic trade and (2) requires the owner or person in charge of a herd to have animals in the herd tested within such period as may be specified by the Minister.