S.I. No. 186/1960 - Bovine Tuberculosis (Movement Control) (No. 2) Order, 1960.

S.I. No. 186 of 1960.

BOVINE TUBERCULOSIS (MOVEMENT CONTROL) (No. 2) 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) (No. 2) Order, 1960.

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

2 Interpretation.

2. In this Order "the area" means such area as consists of the administrative counties of Cavan, Longford, Monaghan and that part of the administrative county of Westmeath lying west of the River Inny;

"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 as respects which, at the last test with tuberculin of the herd as a whole, being a test carried out on the direction of the Minister not earlier than the day (whether before or after the commencement of this Order) which was twelve months before the day on which the county in which the herd is located was declared to be within a clearance area, all the animals tested passed the test;

"highest grade herd" means a herd of cattle by reference to which there is in force a producer's licence under the Milk and Dairies (Special Designations) Regulations, 1938 (S.R. & O., No. 148 of 1938), relating to the special designation Highest Grade Milk;

"the Minister" means the Minister for Agriculture.

3 General restriction on movement into the area.

3. Cattle, other than cattle from any other area declared by order of the Minister to be a clearance area, shall not be moved into the area except as provided for by this Order.

4 Permits for movement into the area.

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

(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, 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,

(f) calves under 14 days old,

(g) fat cattle intended for slaughter within the period of 10 days beginning on the day of their entry into the area,

(h) cattle being moved through the area to destinations outside the area without being sold or otherwise disposed of within the area,

(i) cattle which have been tested with tuberculin within the area, have passed that test and are returning to the area within the period of 48 hours beginning at the time when they left the area.

(2) 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 are from an attested herd or area and authorising their movement from the place from which they came.

(3) Where cattle referred to in subparagraph (e) 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 either—

(a) a tuberculin test certificate issued under the Bovine Tuberculosis (14-Day Test) Order, 1958, or a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or, in the case of cattle tested in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the relevant test and certifying that the cattle have passed that test, or

(b) a market clearance certificate in respect of the cattle.

(4) Where cattle referred to in subparagraph (i) 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 a certificate issued by a registered veterinary surgeon certifying that the cattle have been tested with tuberculin within the area and have passed that test.

(5) 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 Garda 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 herds.

5. (1) Cattle shall not be moved into a clear herd in the area except as provided for by paragraph (2) of this Article.

(2) Subject to paragraph (3) of this Article, cattle of the following classes may be moved 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 highest grade herd,

(d) cattle which, during the period of 14 days ending immediately before the day of their entry into the clear 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,

(e) calves under 14 days old,

(f) cattle from another clear herd,

(g) cattle from another herd in a clearance area which is not a clear herd, being cattle which are moved into the clear herd under permit under this Article.

(3) Where cattle referred to in subparagraph (a) or (b) of paragraph (2) of this Article are being moved into a clear 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.

(4) Where cattle referred to in subparagraph (d) of paragraph (2) of this Article are being moved into a clear herd, 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, or in the area as defined in the Bovine Tuberculosis (Movement Control) 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.

(5) Where cattle referred to in subparagraph (f) of paragraph (2) of this Article are being moved into a clear herd the person in charge of the cattle shall have in his possession documents establishing that the cattle are from a clear herd.

(6) Where cattle referred to in subparagraph (c), (d), (e) or (g) of paragraph (2) of this Article have been moved into a clear 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 (excepting other cattle referred to as aforesaid which have been moved into the herd).

(7) Where, at any test with tuberculin of all the cattle (other than calves under 14 days old) in a herd 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 becomes a clear herd by reference to a subsequent test with tuberculin.

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

6 Licences for movement into the area or into herds in the Area.

6. (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.

7 Notification in certain cases.

7. (1) Where a person acquires cattle to which this Article applies and, within the period of 7 days beginning on the day of the acquisition, sells or otherwise disposes of the cattle within the area or moves them out of the area, he shall, during the period of two days beginning on the day of the disposal or exit from the area, send by post a notice of the disposal or movement, to the Secretary, Department of Agriculture, Dublin.

(2) Where a person acquires cattle to which this Article applies and does not, within the period of 7 days beginning on the day of the acquisition, sell or otherwise dispose of the cattle within the area or move them out of the area, he shall, during that period—

(a) in case he is the proprietor of premises registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, and the cattle are consigned to the premises for immediate slaughter, inform an authorised officer at the premises of the acquisition or

(b) in any other case, send a notice of the acquisition by post to the Secretary, Department of Agriculture, Dublin.

(3) This Article applies to cattle in the area which are not cattle accompanied by a certificate issued by a registered veterinary surgeon certifying that the cattle have been tested with tuberculin within the area and have passed that test.

8 Approval of premises.

8. The Minister, at his discretion, may grant and revoke approvals for the purposes of this Order of premises used for slaughtering cattle brought into the area and any such approval—

(a) may be granted either subject to such conditions as the Minister considers appropriate and specifies in the approval or without conditions, and

(b) may be granted either in respect of a limited period or without limit as to period.

9 Inspection of documents.

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

10 Production by authorised officer of appointment.

10. Where an authorised officer makes a demand 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.

12 Revocations.

12. The Bovine Tuberculosis (Movement Control) Orders, 1958 to 1960, are hereby revoked.

GIVEN under my Official Seal, this 29th day of August, 1960.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order regulates the movement of cattle into Counties Cavan, Monaghan, Longford and the part of County Westmeath lying west of the River Inny and also the movement of cattle into and out of herds in those areas.