S.I. No. 273/1938 - Foot and Mouth Disease (Imported Carcases and Packing Materials) Order, 1938.

STATUTORY RULES AND ORDERS. 1938. No. 273.

FOOT AND MOUTH DISEASE (IMPORTED CARCASES AND PACKING MATERIALS) ORDER, 1938.

The Minister for Agriculture, by virtue and in exercise of the powers vested in him by the joint operation of the Agriculture Act, 1931 (No. 8 of 1931), and of the Diseases of Animals (Ireland) Acts, 1894 to 1938, and of every and any other power him in this behalf enabling, hereby orders as follows:—

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1.—(1) This Order may be cited as the Foot and Mouth Disease (Imported Carcases and Packing Materials) Order, 1938.

(2) This Order shall come into operation on the 21st day of October, 1938.

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2.—The Interpretation Act, 1937 (No. 38 of 1937) applies to this Order.

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3.—(1) In this Order—

the expression "the Act of 1894" means the Diseases of Animals Act, 1894, as amended or extended by any subsequent enactment ; the word "animals" means cattle, sheep, goats, swine, horses, asses, mules, fowl, turkeys, geese, ducks, guinea-fowl and pigeons ;

the expression "imported packing" means hay, straw or other material, capable of being used as fodder or litter for animals, imported, before, on or after the date on which this Order comes into operation, as packing for any imported article at the time of importation;

the expression "feeding stuffs" means any feeding stuffs (including wheat, barley, oats, maize and other grain, beans, peas, dari, millers' offals, meals, oilcakes, brewers' grains, dried sugar-beet pulp and chaff) intended for feeding to animals, or capable of conversion into food for feeding to animals;

the word "fertiliser" means any article used as a fertiliser of the soil, and includes basic slag, compound fertilisers, fish guano, fish manure, manures made from bones, hoofs, horns or blood, lime and lime products, potassium salts, nitrate of soda, raw phosphate or phosphate rock (ground or unground), sulphate of ammonia and superphosphate;

the expression "farm goods" means all or any of the following things, that is to say, feeding stuffs, material intended for bedding for animals (including straw, sawdust, peat moss or other litter) any fertiliser, agricultural or horticultural produce (including trees) or any part thereof;

the expression "cloth of the prescribed pattern" means a woven material having three red threads woven together in the warp at intervals of twelve inches;

the expression "part of the carcase of an animal" includes bacon and ham but does not include cooked or preserved meats, meat essence, manures or other commodities which have been manufactured from the carcases of animals.

(2) Each of the following countries shall be an excepted country for the purposes of this Order, that is to say:—

(a) the Channel Isles;

(b) the Isle of Man;

(c) the Commonwealth of Australia;

(d) the Dominion of New Zealand;

(e) the Dominion of Canada;

(f) the United States of America;

(g) Iceland;

(h) the Faroe Islands.

4 Restriction on importation of cloth of the prescribed pattern previously used as container.

4. It shall not be lawful to import any bag or wrapper if it,

(a) is made from cloth of the prescribed pattern, and

(b) has been previously used as a container for the carcase or part of the carcase of an animal,

unless such bag or wrapper at the time of importation contains the carcase or part of the carcase of an animal.

5 Disposal of imported packing.

5.—(1) Where imported packing is removed from any imported article the owner of such imported packing, or any person who as his agent or servant removes such imported packing, shall cause it, at the place of such removal, to be forthwith destroyed by fire, or otherwise dealt with in such a manner as effectually to prevent it from being used as litter or otherwise for animals, or for manure.

(2) If any imported packing on being removed from an imported article is not dealt with in accordance with this Article, the owner of such imported packing and any person who as his servant or agent removes such imported packing shall each be guilty of an offence against the Act of 1894.

6 Restriction on use of imported packing.

6. It shall not be lawful for any person who is in possession of imported packing to use, or to permit any other person to use, such imported packing as litter or otherwise for or about animals.

7 Restriction on importation of carcases of animals.

7. It shall not be lawful to import from any country, other than an excepted country, any carcase or part of the carcase of an animal, in any bag or wrapper, unless such bag or wrapper is—

(a) cloth of the prescribed pattern, or

(b) stockinette, or

(c) paper.

8 Isolation of certain receptacles used as containers for carcases of animals.

8. It shall not be lawful to bring into contact with any animal or to keep in any premises to which animals or vermin have access any bag, wrapper, box, crate, basket, or other receptacle if it has been used as a container for the carcase or any part of the carcase of an animal imported from any country other than an excepted country.

9 Restriction on packing of farm goods.

9.—(1) It shall not be lawful to pack any farm goods in any box crate, basket, sack, bag or other container, if it or any part of it has been used for the packing of the carcass or part of the carcase of an animal imported from any country other than an excepted country, or to pack any farm goods in any cloth of the prescribed pattern whether it has or has not been so used.

(2) References in this Order to farm goods packed in a prohibited manner shall be construed as references to farm goods packed in contravention of this Order.

10 Restriction on importation of farm goods packed in a prohibited manner.

10. It shall not be lawful to import or to carry by water, road, rail, or air, or to sell or offer for sale any farm goods packed in a prohibited manner.

11 Restriction on use of farm goods hacked in a prohibited manner.

11. It shall not be lawful to feed to, or to use as bedding for, or otherwise to use about, any animal, farm goods which have been packed in a prohibited manner.

12 Aiding, etc., unlawful acts.

12. If any person aids, abets, counsels or procures the commission of any act the doing of which is declared by this order to be an offence against the Act of 1894 or to be unlawful, such person shall be guilty of an offence against the Act of 1894.

13 Saving.

13. Nothing in this Order shall be construed as affecting the operation of the Importation of Carcases (Prohibition) Order of 1926 or any other Order so far as it amends that Order.

14 Enforcement by local authority.

14. The provisions of this Order shall be executed and enforced by the Local Authority.

15 Revocation of Order of 1923.

15. The Foot and Mouth Disease (Imported Packing) Order of 1923 and the Foot and Mouth Disease (Imported Packing) Order of 1923, Amendment Order of 1933 (Statutory Rules and Orders, No. 13 of 1933) are hereby revoked.

Given under the Official Seal of the Minister for Agriculture this 14th day of September, 1938.

(Signed) P. J. MURRAY,

An Assistant Secretary of the Department of Agriculture.