S.I. No. 87/1964 - Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) Order, 1964.
S.I. No. 87 of 1964. | ||
BOVINE TUBERCULOSIS (CONTROL OF MOVEMENT AND PUBLIC SALES OF CATTLE) ORDER, 1964. | ||
ARRANGEMENT OF ARTICLES. | ||
Article. | ||
7. Licences for movement into the area or into herds in the area. | ||
8. Restriction on holding of public sales in the area of cattle. | ||
10. Documents in relation to cattle at public sales in the area. | ||
16. Compliance with conditions of permit, approval or licence. | ||
17. Amendment of Article 10 of Bovine Tuberculosis (Control of Movement) Order, 1963. | ||
S.I. No. 87 of 1964. | ||
BOVINE TUBERCULOSIS (CONTROL OF MOVEMENT AND PUBLIC SALES OF CATTLE) ORDER, 1964. | ||
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), as amended by section 5 of the Diseases of Animals Act, 1960 (No. 26 of 1960), order as follows : — | ||
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1 Short Title and Commencement. | 1.—(1) This Order may be cited as the Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) Order, 1964. | |
(2) This Order shall come into operation on the 20th day of April, 1964. | ||
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2 Definitions. | 2. In this Order— | |
"the area" means such area as consists of— | ||
(a) the administrative counties of Kilkenny, Tipperary North Riding, Tipperary South Riding and Waterford, | ||
(b) the county borough of Waterford; | ||
"attested" means, in relation to an animal, that it is— | ||
(a) of an attested herd, | ||
(b) from an attested area, or | ||
(c) of a herd in Northern Ireland which, under the law of Northern Ireland is a herd corresponding to an attested herd; | ||
"authorised officer" means a person appointed by the Minister in writing to be an authorised officer for the purposes of this Order; | ||
"Bovine Tuberculosis Eradication Scheme" means the scheme for the eradication of bovine tuberculosis which was initiated by the Minister in September, 1954; | ||
"clear herd" means a herd of cattle in the area, the most recent test of which was a clear test (that is to say, a test with tuberculin at which all animals in the herd were tested and no reactor was disclosed and which was carried out subsequent to the date on which the area was declared by Order of the Minister to be a clearance area); | ||
"the Minister" means the Minister for Agriculture; | ||
"public sale" means any sale of cattle other than— | ||
(a) a sale by a farmer of his own cattle on his own farm, or | ||
(b) a sale of cattle specifically authorised by the Minister and held in accordance with any conditions attached to the authorisation. | ||
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3 Restriction on testing. | 3. Cattle in the area shall not be tested for tuberculosis except with the permission in writing of the Minister. | |
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4 General restriction on movement into the area. | 4. Cattle shall not be moved into the area except as provided for by this Order. | |
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5 Permits for movement into the area. | 5.—(1) Subject to paragraphs (2), (3) and (5) of this Article, cattle of the following classes may be moved into the area: | |
(a) attested cattle, | ||
(b) cattle (other than attested cattle) which come from a herd in respect of which identity cards have been issued by the Minister, | ||
(c) cattle which, during the period of 30 days ending immediately before the day of their entry into the area, have completed a test pursuant to the Bovine Tuberculosis (30-Day Test) Order, 1963 ( S.I. No. 76 of 1963 ), or a test under the Bovine Tuberculosis Eradication Scheme, and have passed the test, | ||
(d) cattle being moved direct to 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, and which are intended for slaughter, | ||
(e) cattle being moved direct for export by sea from the county borough of Waterford, | ||
(f) cattle being moved through the area to destinations outside the area without being unloaded or sold or otherwise disposed of within the area. | ||
(2) (a) Subject to paragraphs (3), (4) and (5) of this Article, cattle of the classes referred to in paragraph (1) of this Article, if they are being moved from an attested area, may be moved into the area by rail only under permit under this Article. | ||
(b) Where cattle referred to in subparagraph (d) of paragraph (1) of this Article are being moved into the area under permit under this Article, the premises within which and the period within which the cattle are intended to be slaughtered shall be specified in the permit. | ||
(c) 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 period within which the cattle are intended to be exported shall be specified in the permit. | ||
(3) (a) It shall not be lawful for any person to move into the area any animal unless there has been inserted in the left ear of the animal before it is so moved an approved ear-tag. | ||
(b) In this paragraph "approved ear-tag" means an ear-tag which— | ||
(i) is such that, when inserted in the ear of the animal, it becomes effectively closed and, if subsequently removed cannot be used again, | ||
(ii) is such that, if identification letters or numbers borne by the ear-tag are altered (whether by addition, deletion or variation) the alteration is evident as such, and | ||
(iii) is made of rigid durable material and is clearly legible. | ||
(4) Where cattle referred to in paragraph (1) of this Article are cattle which are of a herd in respect of which identity cards have been issued by the Minister and the cattle are being moved into the area under permit under this Article, the person in charge of the cattle shall, when applying for the permit, surrender to the person issuing the permit the identity cards issued by the Minister. | ||
(5) Where cattle referred to in subparagraph (c) of paragraph (1) of this Article are being moved into the area, the person in charge of the cattle shall have in his possession a tuberculin test certificate in the form specified in the First Schedule to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a market clearance certificate in respect of the cattle. | ||
(6) An authorised officer may, at his discretion, but subject to the cattle concerned being examined by him, issue permits for the purpose of this Article. | ||
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6 Movement into and out of herds. | 6.—(1) Cattle shall not be moved into a herdy in the area except as provided for by this Article. | |
(2) Subject to paragraphs (3), (4), (5) and (6) of this Article, cattle of the following classes may be moved into a clear herd in the area: | ||
(a) attested cattle; | ||
(b) cattle (other than attested cattle) from a herd outside the area in respect of which identity cards have been issued by the Minister; | ||
(c) cattle from a herd in the area in respect of which identity cards have been issued by the Minister; | ||
(d) cattle from a clear herd; | ||
(e) cattle which, during the period of 30 days ending immediately before the day of their entry into the herd, have completed a test pursuant to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a test under the Bovine Tuberculosis Eradication Scheme, and have passed the test. | ||
(3) Where cattle referred to in subparagraph (a) 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 permit or licence establishing that the cattle are attested cattle and authorising their movement from the place from which they came. | ||
(4) Where cattle referred to in subparagraph (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 a permit or licence establishing that the cattle are from a herd in respect of which identity cards have been issued by the Minister 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 being moved into a herd, the person in charge of the cattle shall have in his possession the identity cards issued by the Minister in respect of the cattle. | ||
(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 tuberculin test certificate in the form specified in the First Schedule to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a market clearance certificate in respect of the cattle. | ||
(7) (a) No animal shall, except under permit under this Article, be moved into or out of any herd in the area which is not a clear herd. | ||
(b) Where by reference to subsequent testing, the herd becomes a clear herd, the restriction on movement under this paragraph shall cease to have effect. | ||
(8) An authorised officer may, at his discretion, issue permits for the purposes of this Article. | ||
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7 Licences for movement into the area or into herds in the area. | 7.—(1) Subject to paragraph (3) of this Article and notwithstanding any other provision of this Order, 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. | ||
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8 Restriction on holding of public sales in the area of cattle. | 8.—(1) A person shall not hold in the area a public sale of cattle save in premises approved of by the Minister. | |
(2) The Minister, at his discretion, may grant and revoke approvals for the purposes of this Article 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 limitations as to period. | ||
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9 Control of public sales in the area of cattle. | 9.—(1) A bovine animal shall not be exposed at any public sale in the area of cattle except as provided for in this Article. | |
(2) Subject to Article 10 of this Order, cattle of the following classes only may be exposed at a public sale in the area of cattle; | ||
(a) attested cattle; | ||
(b) cattle (other than attested cattle) from a herd outside the area in respect of which identity cards have been issued by the Minister; | ||
(c) cattle from a herd in the area in respect of which identity cards have been issued by the Minister; | ||
(d) cattle from a clear herd; | ||
(e) cattle which, during the period of 30 days ending immediately before the day of the sale, have completed a test pursuant to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a test under the Bovine Tuberculosis Eradication Scheme, and have passed the test. | ||
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10 Documents in relation to cattle at public sales in the area. | 10.—(1) Where cattle referred to in subparagraph (a) of paragraph (2) of Article 9 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are attested cattle and authorising their movement from the place from which they came. | |
(2) Where cattle referred to in subparagraph (b) of paragraph (2) of Article 9 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession a permit authorising movement of the cattle to the sale. | ||
(3) Where cattle referred to in subparagraph (c) of paragraph (2) of Article 9 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession the identity cards issued by the Minister in respect of the cattle. | ||
(4) Where cattle referred to in subparagraph (e) of paragraph (2) of Article 9 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession a tuberculin test certificate in the form specified in the First Schedule to the Bovine Tuberculosis (30-Day Test) Order, 1963, or a market clearance certificate in respect of the cattle. | ||
(5) An authorised officer may, at his discretion, issue permits or licences for the purposes of this Article. | ||
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11 Inspection of documents. | 11.—A person having in his possession pursuant to this Order any permit, licence or certificate shall, on demand made by a member of of the Garda Síochána or an authorised officer, produce it for inspection by such member or officer. | |
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12 Examination of cattle by authorised officers. | 12.—An authorised officer may examine any cattle being moved into the area or into or out of herds in the area or exposed at any public sale in the area and may make any inquiries in relation to the cattle as may be reasonably necessary for the administration of this Order. | |
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13 Production by authorised officer of appointment. | 13.—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 concerned. | |
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14 Retention and surrender of identity cards and ear-tags. | 14.—(1) Where an animal in respect of which an identity card has been issued by the Minister is sold or otherwise disposed of within the area, the owner or person in charge shall, at the time of the sale or disposal, give the identity card to the person acquiring the animal, or his agent. | |
(2) Where an animal in respect of which an identity card has been issued by the Minister dies or is slaughtered within the area, the owner or person in charge shall— | ||
(a) retain the identity card and any ear-tag which had been inserted in the animal, | ||
(b) on demand made by an authorised officer, surrender to him the identity card and any such ear-tag. | ||
(3) Where an animal in respect of which an identity card has been issued by the Minister is moved out of the area (and such movement is not to an attested herd or attested area or to an approved sale of 30-day tested cattle or otherwise under a permit issued by an authorised officer or a licence issued by the Minister establishing that the cattle are from a herd in respect of which identity cards have been issued by the Minister and authorising their movement from the place from which they came) the owner or person in charge shall before the expiration of the day next following the day of such movement either— | ||
(a) send the identity card by post to the Secretary, Department of Agriculture, Dublin, or | ||
(b) send by post or deliver the identity card to the veterinary officer in charge of any district office established for the purposes of the administration of the Bovine Tuberculosis Eradication Scheme. | ||
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15 Notification of evidence of bovine tuberculosis. | 15. Where a veterinary surgeon in the course of any examination or test for tuberculosis (other than a test carried out under the Bovine Tuberculosis Eradication Scheme) in the area finds evidence of bovine tuberculosis in any animal or carcase, he shall notify the Secretary, Department of Agriculture, Dublin, before the expiration of the day next following the day on which he found such evidence. | |
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16 Compliance with conditions of permit approval or licence. | 16. The conditions specified in any permit, approval or licence issued under this Order shall be complied with. | |
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17 Amendment of Article 10 of Bovine Tuberculosis (Control of Movement) Order, 1963. | 17. Article 10 of the Bovine Tuberculosis (Control of Movement) Order, 1963 ( S.I. No. 257 of 1963 ) is hereby amended by the substitution of "the Bovine Tuberculosis (Control of Movement) Order, 1962, and the Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) Order, 1964 ( S.I. No. 87 of 1964 )" for "and the Bovine Tuberculosis (Control of Movement) Order, 1962". | |
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18 Revocations. | 18. The Bovine Tuberculosis (Control of Movement) Order, 1962 ( S.I. No. 106 of 1962 ), and the Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) Order, 1963 ( S.I. No. 110 of 1963 ), shall, in so far as they apply to the area, cease to have effect. | |
GIVEN under my Official Seal, this 14th day of April, 1964. | ||
PATRICK SMITH, | ||
Minister for Agriculture. | ||
EXPLANATORY NOTE. | ||
This Order (1) regulates movement of cattle into Counties Kilkenny, Tipperary and Waterford (including the county borough of Waterford) and specifies the classes of cattle which may be so moved, (2) regulates the movement of cattle into and out of herds in that area, (3) controls public sales of cattle held in the area, (4) prohibits tuberculin testing of cattle in the area, except with the permission of the Minister and (5) requires the surrender of identity cards and ear-tags in certain circumstances. | ||
It revokes the Bovine Tuberculosis (Control of Movement) Order, 1962 ( S.I. No. 106 of 1962 ) and the Bovine Tuberculosis (Control of Movement and Public Sales of Cattle) Order, 1963 ( S.I. No. 110 of 1963 ) in so far as they apply to the counties mentioned. |