S.I. No. 179/1960 - Bovine Tuberculosis (Movement Control) Order, 1960.

S.I. No. 179 of 1960.

BOVINE TUBERCULOSIS (MOVEMENT CONTROL) ORDER, 1960.

I, PATRICK SMITH, Minister for Agriculture, it appearing to me to be necessary for the purpose of the progressive eradication of bovine tuberculosis, do hereby, in exercise of the powers conferred on me by section 22 of the Diseases of Animals Act, 1894, and section 2 of the Diseases of Animals (Bovine Tuberculosis) Act, 1957 (No. 14 of 1957), order as follows:

1 Short title and commencement.

1. (1) This Order may be cited as the Bovine Tuberculosis (Movement Control) Order, 1960.

(2) This Order shall come into operation on the 5th day of September, 1960.

2 Definitions.

2. In this Order—

"the area" means such area as consists of the administrative counties of Clare, Galway, Leitrim, Roscommon, those parts of the administrative county of Limerick and the county borough of Limerick lying north of the River Shannon and that part of the administrative county of Westmeath lying west of that river;

"authorised officer" means a person appointed by the Minister in writing to be an authorised officer for the purposes of this Order;

"clear herd" means a herd of cattle which has had at least two successive clear tests (that is to say, tests with tuberculin at which all animals in the herd were tested and passed the tests) subsequent to the date on which the area in which the herd is situated was declared by order of the Minister to be a clearance area;

"the Minister" means the Minister for Agriculture.

3 General restriction on movement into the area.

3. Cattle shall not be moved into the area except as provided for by this Order.

4 Perunits for movement info the area.,

4. (1) Subject to paragraphs (2), (3), (4), (5) and (6) of this Article, cattle of the following classes may be moved into the area:—

(a) cattle coming directly from an attested herd or from a herd of cattle in Northern Ireland which, under the law of Northern Ireland, is an attested herd,

(b) cattle coming directly from an attested area or from an area in Northern Ireland which, under the law of Northern Ireland, is an attested area,

(c) cattle coming directly from a show or sale the holding of which has been approved of by the Minister,

(d) cattle coming directly from a show or sale in Northern Ireland, to which they came directly from an attested' herd or an attested area or from a herd or area in Northern Ireland, which, under the law of Northern Ireland, is an attested herd or area, being a show or sale at which separate accommodation is reserved for cattle from an attested herd or an attested area,

(e) cattle which come from a clear herd in respect of which identity cards have been issued by the Department of Agriculture indicating that the cattle are from a clear herd,

(f) cattle which come from any other clear herd in the area defined in the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960,

(g) cattle from any other clear herd in the administrative counties of Cavan and Monaghan,

(h) cattle which, during the period of 14 days ending immediately before the day of their entry into the area, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Orders, 1958 to 1960, or the Bovine Tuberculosis (14-Day Test) Order, 1960, and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by those Orders and have passed the test,

(i) cattle intended for slaughter at premises registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938 or licensed under the Slaughter of Cattle and Sheep Acts, 1934 to 1936, within such period as may be specified in the permit.

(2) Cattle, other than the following cattle, may be moved into the area only under permit under this Article:—

(a) cattle referred to in subparagraphs (e) and (f) of paragraph (1) of this Article,

(b) cattle referred to in subparagraph (h) of paragraph (1) of this Article which are moved into the area from the area as defined in the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960,

(3) Where cattle referred to in subparagraph (a), (b), (c) or (d) of paragraph (1) of this Article are being moved into the area under permit under this Article, the person in charge of the cattle shall have in his possession documents establishing that the cattle axe from an attested herd or area and authorising their movement from the place from which they came.

(4) Where cattle referred to in subparagraph (e) of paragraph (1) of this Article are moved into the area, the person in charge of the cattle shall have in his possession the identity cards issued by the Department of Agriculture indicating that the cattle are from a clear herd;

(5) Where cattle referred to in subparagraph (f) or (g) of paragraph (1) of this Article are moved into the area, the person in charge of the cattle shall have in his possession a certificate issued by a veterinary surgeon that they are from a clear herd;

(6) Where cattle referred to in subparagraph (h) of paragraph (1) of this Article are moved into the area, the person in charge of the cattle shall have in his possession—

(a) where the test was carried out in the area as defined in the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960—

(i) a tuberculin test certificate issued under the Bovine Tuberculosis (14-Day Test) Order, 1958, or

(ii) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iii) a tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iv) a market clearance certificate in respect of the cattle,

(b) where the test was carried out elsewhere in the State—

(i) a tuberculin test certificate issued under the Bovine Tuberculosis (14-Day Test) Order, 1958, or

(ii) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iii) a market clearance certificate in respect of the cattle,

(c) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.

(7) Each of the following persons may, subject to the cattle concerned being examined by him, issue permits for the purposes of this Article

(a) an authorised officer,

(b) an inspector of the Gárda Síochána or member thereof of lower rank,

(c) an officer of customs and excise,

(d) a preventive officer at a customs or frontier post.

5 Movement into and out of approved premises.

5. (1) Where cattle referred to in subparagraph (h) of paragraph (1) of Article 4 of this Order, other than such cattle being moved into the area from the area as defined in the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960, are moved into the area under permit—

(a) the cattle shall not be moved except into premises within the area approved of by the Minister for that purpose,

(b) the cattle shall not be moved out of the approved premises, except under permit under this Article issued by an authorised officer,

(c) unless the cattle are disposed of before the expiration of the period of validity of the veterinary certificate or the market clearance certificate which accompanied them, they shall be retained in isolation on the approved premises until they have been again tested with tuberculin and have passed the test,

(d) the owner of such cattle shall make (and shall produce to a veterinary inspector or authorised officer, on request) a record with respect to such cattle indicating the tattoo marks and ear-tag numbers of the animals and the manner of disposal.

(2) The Minister, at his discretion, may grant and revoke approval of premises for the purposes of this Article and any such approval may be granted

(a) subject to such conditions as the Minister considers appropriate and specifies in the approval, and

(b) in respect of a limited period or without limitation as to period.

(3) This Article shall not apply to cattle moved into the area by a herd-owner resident in the area which are moved into isolation in the herd-owner's own herd.

6 Movement into and out of herds.

6. (1) Cattle shall not be moved into a herd in the area if the most recent test with tuberculin of the herd was a clear test (being a test at which all animals in the herd were tested and passed the test), or into a clear herd in the area, except as provided for by paragraph (2) of this Article.

(2) Subject to paragraphs (3), (4), (5) and (6) of this Article, cattle of the following classes may be moved into a herd if the most recent test of the herd with tuberculin was a clear test (being a test at which all animals in the herd were tested and passed the test) or into a clear herd in the area:

(a) cattle from an attested herd or from a herd of cattle in Northern Ireland which under the law of Northern Ireland, is an attested herd,

(b) cattle from an attested area or from an area in Northern Ireland which, under the law of Northern Ireland, is an attested area,

(c) cattle from a clear herd in respect of which identity cards have been issued by the Department of Agriculture indicating that the cattle are from a clear herd,

(d) cattle from any other herd—

(i) in the area, or

(ii) in the area defined in the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960, or

(iii) in the administrative counties of Cavan and Monaghan,

(e) cattle which, during the period of 14 days ending immediately before the day of their entry into the herd, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Orders, 1958 to 1960, or the Bovine Tuberculosis (14-Day Test) Order, 1960, and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by those Orders and have passed the test,

(f) cattle from a herd in the area, being a herd of which the most recent test with tuberculin was a clear test (being a test at which all animals in the herd were tested and passed the test).

(3) Cattle referred to in subparagraph (d) or (f) of paragraph (2) of this Article may not be moved into a clear herd in the area in respect of which identity cards have been issued by the Department of Agriculture indicating that the animals are from a clear herd.

(4) Where cattle referred to in subparagraph (a) or (b) of paragraph (2) of this Article are being moved into a herd, the person in charge of the cattle shall have in his possession documents establishing that the cattle are from an attested herd or area and authorising their movement from the place from which they came,

(5) Where cattle referred to in subparagraph (c) of paragraph (2) of this Article are moved into a clear herd in respect of which identity cards have been issued by the Department of Agriculture indicating that the cattle are from a clear herd, the person in charge of the cattle shall have in his possession the identity cards issued by the Department of Agriculture indicating that the cattle are from a clear herd.

(6) Where cattle referred to in subparagraph (e) of paragraph (2) of this Article are being moved into a herd, the person in charge of the cattle shall have in his possession—

(a) where the test was carried out in the area or in the area as defined in the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960—

(i) a tuberculin test certificate issued under the Bovine Tuberculosis (14-Day Test) Order, 1958, or

(ii) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iii) a tuberculin test certificate domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iv) a market clearance certificate in respect of the cattle,

(b) where the test was carried out elsewhere in the State—

(i) a tuberculin test certificate issued under the Bovine Tuberculosis (14-Day Test) Order, 1958, or

(ii) a tuberculin, test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(iii) a market clearance certificate in respect of the cattle,

(c) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.

(7) Where cattle referred to in subparagraph (e) of paragraph (2) of this Article, other than such cattle moved into the herd from the area as defined in the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1960, have been moved into a herd in the area—

(a) the cattle shall not, except under permit under this Article, be moved out of the herd unless and until they have been tested with tuberculin on the direction of the Minister and have passed the test, and

(b) so long as the cattle remain in the herd and have not been so tested, they shall be isolated from all other cattle in the herd (except from the cattle which have been moved into the herd).

(8) Where, at any test with tuberculin of any cattle in a herd (being a herd of which the most recent test with tuberculin was a clear test, that is to say, a test at which all the animals in the herd were tested and passed the test) in the area, any animal fails the test, no animal shall, except under permit under this Article, be moved out of the herd unless and until the herd is deemed by a veterinary inspector to be a herd which is free from tuberculosis by reference to subsequent testing.

(9) An authorised officer may, at his discretion, issue permits for the purposes of this Article.

7 Licences for movement into the area or into herds in the area.

7. (1) Subject to paragraph (4) of this Article, cattle may be moved into the area or into a herd in the area under licence under this Article.

(2) The Minister may, at his absolute discretion, issue licences for the purposes of this Article.

(3) Where the Minister issues a licence under this Article, he may attach to and specify in the licence any conditions (including conditions to be fulfilled after the cattle have been moved into the area or herd) which he considers appropriate.

(4) The conditions specified in a licence under this Article shall be complied with.

8 Inspection of documents.

8. A person having in his possession pursuant to this Order any documents or certificates shall, on demand made by a member of the Gárda Síochána or an authorised officer, produce such documents or certificates for inspection by such member or officer.

9 Examination of cattle by authorised officers.

9. An authorised officer may examine any cattle being moved into the area or into or out of approved premises or clear herds in the area and may make any inquiries in relation to the cattle as may be reasonably necessary for the administration of this Order.

10 Production by authorised officer of appointment.

10. Where an authorised officer makes a demand or an examination pursuant to this Order, he shall, if requested, produce his appointment for examination by the person on whom he makes the demand.

11 Compliance with conditions of permits.

11. The conditions specified in any permit issued under this Order shall be complied with.

GIVEN under my Official Seal this 18th day of August, 1960.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order regulates the movement of cattle into Counties Clare, Galway, Leitrim, Roscommon, the parts of County Limerick and the County Borough of Limerick lying north of the River Shannon and the part of County Westmeath lying west of that River and also the movement of cattle into and out of herds in those areas.