S.I. No. 86/1955 - Johne's Disease Order, 1955.

S.I. No. 86 of 1955.

JOHNE'S DISEASE ORDER, 1955.

I, JAMES M. DILLON, Minister for Agriculture, in exercise of the powers conferred on me by the joint operation of the Agriculture Acts, 1931 to 1955, and of the Diseases of Animals Acts, 1894 to 1954, and of every and any other power me in this behalf enabling hereby order as follows :—

1 Short Title.

1. This Order may be cited as the Johne's Disease Order, 1955.

2 Definitions.

2.—(1) In this Order—

" the Minister " means the Minister for Agriculture ;

" animals " means cattle, sheep, goats, all other ruminating animals and swine ;

" carcase " means the carcase of an animal and includes any part of the carcase ;

" veterinary inspector " means a veterinary inspector of the Minister ;

" inspector " means a veterinary inspector or a person duly authorised by the Minister to be an inspector for the purposes of this Order.

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

3 Notification of Disease.

3.—(1) Every person having in his possession or under his charge any animal or carcase affected with or suspected of being affected with Johne's disease shall immediately give notice of the fact to the Secretary, Department of Agriculture, Dublin.

(2) A veterinary surgeon who examines any animal or carcase and is of opinion that the animal or carcase is affected with Johne's disease shall immediately give notice of the infection or suspicion of infection to (a) the person having the animal or carcase in his possession or under his charge, and (b) the Secretary, Department of Agriculture, Dublin.

(3) Every person having in his possession or under his charge any animal or carcase affected with or suspected of being affected with Johne's disease shall forthwith take such steps as are necessary to secure that the animal or carcase shall be kept on the land or premises concerned and the animal shall as far as practicable be isolated from other animals.

4 Inquiry as to the existence of disease.

4.—(1) Where, by reason of information received under the preceding Articles or otherwise, there are reasonable grounds for supposing that on any land or premises there is an animal or carcase which is affected with Johne's disease, a veterinary inspector may—

(a) enter at all reasonable hours on any part of such land or premises and examine any animal or carcase thereon ;

(b) take samples of the blood or faeces or urine or abnormal discharge or other material from any animal or specimens from any carcase on the land or premises ;

(c) with the previous consent in writing of the owner of the animal or his agent, but not otherwise, and subject to any directions which may be given from time to time by the Minister, subject any animal on the land or premises to such tests as may be necessary to ascertain whether such animal is affected with Johne's disease ;

(d) require, as may be necessary, the marking for the purpose of identification of any animal on the land or premises.

(2) The occupier of the land or premises, the members of his family and any persons in his employment shall—

(a) render such reasonable assistance to the veterinary inspector as may be required for all or any of the purposes of this Article, and

(b) give to the veterinary inspector such information as they possess as to the animals which are or have been on the land or premises.

5 Prohibition of movement of animals.

5.—(1) Where a veterinary inspector on examination of an animal has grounds for believing that the animal is affected with Johne's disease, he may serve a notice (in the Form A set forth in the Second Schedule to this Order) on the owner or person in charge of the animal prohibiting the movement of the animal from the land or premises specified in the notice.

(2) When a notice has been served under paragraph (1) of this Article the animal to which the notice refers shall be detained on the land or premises specified in the notice and the animal and any other animal and any dung, fodder and litter on the said land or premises shall not be moved therefrom except under and in accordance with a licence granted by an inspector.

(3) The restrictions imposed by this Article shall remain in operation until they are withdrawn by a notice (in the Form B set forth in the Second Schedule to this Order) signed by a veterinary inspector or until a notice in the Form C under Article 7 of this Order has been served on the occupier of the land or premises by a veterinary inspector.

6 Power to require isolation of animals.

6. A veterinary inspector may, by notice in writing served on a person on whom a notice in the Form A has been served, direct that, until the notice under this Article is withdrawn, an animal or animals subject to notice in the Form A shall be isolated from all other animals (whether subject to the notice in the Form A or not) in a specified place forming part of the land or premises to which the notice in the Form A applies, and may insert in the notice under this Article such conditions as he may consider necessary for the purpose of ensuring effective isolation of the animal or animals.

7 Declaration of an infected place.

7.—(1) Where a veterinary inspector has grounds for believing that Johne's disease exists on any land or premises he may serve a notice (in the Form C set forth in the Second Schedule to this Order) on the occupier of the land or premises declaring the said land or premises within the limits specified in the notice to be an infected place for the purposes of this Order.

(2) On service of the notice, the land or premises to which the notice refers shall become an infected place within the limits specified in the notice and shall be subject to the rules contained in the First Schedule to this Order.

(3) A veterinary inspector may, from time to time by notice in writing served on the occupier of an infected place, direct that—

(a) the limits of the infected place shall be altered in the manner described in the notice ; or

(b) any of the rules contained in the First Schedule to this Order shall cease to apply to the infected place or shall be modified to the extent or in the manner specified in the notice ; or

(4) A notice in the Form C shall continue in force until it is withdrawn by a further notice (in the Form D set forth in the Second Schedule to this Order) signed by a veterinary inspector.

8 Direction for housing or removal of animals.

8.—(1) Where a veterinary inspector has grounds for believing that there is a risk of the spread of infection of Johne's disease to any land or premises from an infected place which adjoins or is situate in the immediate neighbourhood of such land or premises, he may, by a notice served upon the occupier of the land or premises—

(a) direct the removal of any animals on the land or premises from pastures to enclosed yards, byres or other suitable buildings available for the purpose on the lands or premises or from pastures in which the animals are kept at the time of the service of the notice to other pastures in the same occupation, and

(b) direct the occupier to take such other steps as may be necessary to protect the animals on the lands or premises from infection with Johne's disease.

(2) Any animals moved in accordance with a notice under this Article shall be kept by the owner or person in charge thereof in the place specified in the notice until the notice is withdrawn.

(3) Any notice served under this Article shall remain in force until it is withdrawn by a further notice of a veterinary inspector.

9 Power of the Minister to slaughter and to dispose of carcases.

9.—(1) The Minister may cause to be slaughtered in accordance with his directions any animals affected with or suspected of being affected with Johne's disease.

(2) The Minister may cause any carcase of such animals, whether in an infected place or removed thereout, to be destroyed or otherwise disposed of in accordance with his directions.

10 Compensation for animals slaughtered.

10.—(1) Compensation shall be paid by the Minister for animals slaughtered under Article 9 of this Order. The compensation shall be the value of each animal immediately before slaughter. Such value shall for the purpose of compensation be determined by agreement with the owner of the animal or, if the owner fails so to agree, by a person appointed by the Minister in that behalf.

(2) For the purposes of this Article, the value of an animal shall be the price which might reasonably have been obtained from a purchaser in the open market who had no knowledge of the existence or suspected existence in the animal of Johne's disease except such knowledge thereof as might reasonably have been obtained by inspection of the animal.

11 Transmission of copies of notices.

11. A veterinary inspector shall with all practicable speed send copies of any notice served by him under this Order to the Secretary, Department of Agriculture, Dublin.

12 Offences.

12. Any person committing or aiding, abetting, counselling or procuring the commission of any breach of the provisions of this Order or of the conditions of a licence granted or notice served under this Order, shall be guilty of an offence and be liable on summary conviction to the penalties provided by the Diseases of Animals Acts, 1894 to 1954.

13 Extension of definition of disease.

13. For the purposes of sections 4, 10, 13, 15, 19, 20, 22, 25, 43, 44, 56, 65 and 74 of the Diseases of Animals Act, 1894, as amended and extended by any subsequent enactment and all other sections (including sections relating to offences and legal proceedings) containing provisions relative to or consequent on the said sections the word " disease " shall be and is hereby extended so as to include " Johne's disease."

FIRST SCHEDULE.

RULES APPLICABLE TO INFECTED PLACE.

1. No animal shall be moved into or out of an infected place except in accordance with a licence granted by an inspector.

2. No carcase shall be moved out of an infected place, or otherwise disposed of, except in accordance with a licence granted by an inspector.

3. Animals within an infected place shall be kept in such parts of the place as may be directed by an inspector, and the animals shall, if the inspector so directs be moved—

(a) from pastures to enclosed yards, byres or other suitable buildings available for the purpose on the lands or premises ; or

(b) from pastures in which the animals are kept at the time of the direction to other pastures in the same occupation.

4. All dung, litter, liquid manure, urine and shed washings shall be treated and disposed of as an inspector may direct.

5. Milk produced within an infected place shall be treated in such manner as an inspector may direct.

6. No fodder, hay, straw or other feeding stuff shall be moved out of or within an infected place except in accordance with a licence granted by an inspector.

7. The occupier of an infected place shall supply the disinfectant required to be used and carry out at his own expense such cleansing and disinfection as is required by these Rules or as may be required by an inspector and, if he fails to do so, it shall be lawful for the Minister, without prejudice to the recovery of any penalty for the infringement of this rule, to supply the disinfectant and carry out the disinfection and cleansing and to recover summarily as a simple contract debt from the occupier the expense of so doing.

8. The occupier of an infected place shall immediately give notice to the Secretary, Department of Agriculture, Dublin, of

(a) the birth of any animal on the land or premises, and

(b) the death of any animal on the land or premises.

SECOND SCHEDULE.

Form A.

Article 5.

DISEASES OF ANIMALS ACTS.

JOHNE'S DISEASE ORDER, 1955.

Notice to Owner or Person in Charge of Animal(s) Prohibiting Movement of Animals, Dung, Fodder and Litter.

To............................................................ ............... of............................................................ .........................

I,................................................being a veterinary inspector hereby prohibit the movement of the following animal(s) namely, from (here describe the land or premises where the animal(s) is/are to be detained).

In consequence of this notice and the provisions of the Johne's Disease Order, 1955, it shall not be lawful for any person, until this notice is withdrawn—

(a) to move the animal(s) from the said land or premises ; or

(b) to move from the said land or premises any other animal that may be therein ; or

(c) to permit any animal to which the notice applies to stray out of the said land or premises or to come in contact with any other animal ; or

(d) to move from the said land or premises any dung, fodder or litter.

Dated this...........................................day of..............................................19...

Signed................................................

Veterinary Inspector.

Warning : Any person committing or aiding, abetting, counselling or procuring the commission of any breach of the provisions of this notice is liable, on summary conviction, to the penalties provided by the Diseases of Animals Acts, 1894 to 1954.

Form B.

Article 5.

DISEASES OF ANIMALS ACTS.

JOHNE'S DISEASE ORDER, 1955.

WITHDRAWAL OF NOTICE (Form A)

To ............................................................ ..................of............................................................ .............

I,................................................, being a veterinary inspector, hereby withdraw as from the..................................day of...............................19......, the notice Form A signed by......................................... and served upon you on the.................................day of..............................., 19.........., prohibiting the movement of the animal(s) referred to in that notice.

Dated this............................................................ .....day of........................................................19...

Signed....................................................

Veterinary Inspector.

Form C.

Article 7.

DISEASES OF ANIMALS ACTS.

JOHNE'S DISEASE ORDER, 1955.

NOTICE DEFINING INFECTED PLACE.

To............................................................ ............ of............................................................ ........

I,................................................being a veterinary inspector, hereby give you notice as the occupier of the under-mentioned land or premises that the said land or premises are hereby declared to be a Johne's disease infected place for the purposes of the Johne's Disease Order, 1955, and that the said land or premises accordingly become subject to the rules set out on the back hereof. Any person infringing these rules is liable to heavy penalties.

Dated this............................................................ ...day of......................................19..........

Signed................................................

Veterinary Inspector.

Description of infected place stating exact location.

Insert overleaf rules as set out in First Schedule.

Form D.

Article 7.

DISEASES OF ANIMALS ACTS.

JOHNE'S DISEASE ORDER, 1955.

WITHDRAWAL OF NOTICE DEFINING INFECTED PLACE.

To................................................ of................................................

I,.............................................. being a veterinary inspector, hereby withdraw as from the.....................day of........................19......, the Notice Form C signed by......................................and served upon you on the............................day of ...............................................19..........

Signed.................................................

Veterinary Inspector.

Note : If the limits of the infected place have been altered by a notice served by a veterinary inspector, this notice applies to the infected place as so altered.

GIVEN under my Official Seal, this 12th day of May, 1955.

(Signed) JAMES M. DILLON,

Minister for Agriculture.