S.I. No. 105/1965 - Sheep Dipping Order, 1965.

S.I. No. 105 of 1965.

SHEEP DIPPING ORDER, 1965.

I, CHARLES J. HAUGHEY, Minister for Agriculture, do hereby in exercise of the powers conferred on me by section 22 of the Diseases of Animals Act, 1894, as amended by section 1 of the Diseases of Animals Act, 1903, and section 4 of the Agriculture Act, 1931 (No. 8 of 1931), order as follows:—

1 Short title and commencement.

1.—(1) This Order may be cited as the Sheep Dipping Order, 1965.

(2) This Order shall come into operation on the 1st day of July, 1965.

2 Interpretation

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

3 Definitions.

3. In this Order—

" approved label " means a label approved by the Minister under this Order or which was at the date of the coming into operation of this Order approved by the Minister under any other Order for attaching to the outside of packages or containers of sheep dip, and when used in relation to particular sheep dip, means approved by the Minister for use on packages or containers of that particular sheep dip ;

" approved sheep dip " means sheep dip approved by the Minister under this Order or which was at the date of the coming into operation of this Order approved by the Minister under any other Order ;

" first dipping period " means the period beginning on the first day of July and terminating on the seventh day of August in any year ;

" inspector " includes a veterinary inspector ;

" the Minister " means the Minister for Agriculture ;

" second dipping period " means the period beginning on the first day of October and terminating on the thirtieth day of November in any year ;

" sheep " includes lambs ;

" sheep bath " means sheep dip diluted with sufficient water to make a bath suitable for dipping sheep ;

" sheep dip " means a substance or preparation which is a remedy for sheep scab and is used for the dipping of sheep.

4 Submission of sheep dip for approval by the Minister.

4.—(1) Any person who manufactures sheep dip may apply to the Minister for his approval of the sheep dip.

(2) Every application to the Minister for his approval of a sheep dip shall be in such form and shall contain such particulars as the Minister may require and shall be accompanied by a sample of the sheep dip.

(3) Where an application is made to the Minister for approval of a sheep dip under this Article the Minister may as he thinks fit either approve or refuse to approve of the sheep dip.

5 Submission of label for sheep dip for the approval of the Minister.

5.—(1) Any person who manufactures sheep dip, if he applies to the Minister for his approval of the sheep dip, may also apply to the Minister for his approval of a label for use on packages or containers of the sheep dip.

(2) An application for the Minister's approval of a label for packages or containers of a sheep dip shall be in such form as the Minister may require and shall be accompanied by a specimen of the label to which it relates.

(3) Application may be made by a manufacturer for the Minister's approval of any number of labels of different design for use in connection with any particular sheep dip.

(4) Where an application is made to the Minister for approval of a label under this Article the Minister may as he thinks fit either approve or refuse to approve such label.

6 Restriction on sale of sheep dip.

6.—(1) It shall not be lawful for any person to sell sheep dip, unless it is approved sheep dip and is in a sealed package or container which is labelled with an approved label.

(2) If any person—

(a) knowingly marks (by attaching an approved label thereto or otherwise) any package or container which does not contain approved sheep dip in such manner as to indicate that the package or container contains approved sheep dip, or

(b) exposes for sale any package or container so marked which to his knowledge does not contain approved sheep dip,

such person shall be guilty of an offence against the Diseases of Animals Act, 1894.

7 Method of dipping sheep.

7.—(1) Every person required by this Order to dip any sheep shall, when so required, cause the sheep to be totally immersed in a sheep bath of an approved sheep dip and shall cause all parts of the sheep except the head and ears to remain immersed in the sheep bath for a period which shall in no case be less than one minute.

(2) No dipping of any sheep shall be deemed to be dipping within the meaning of this Order unless the dipping is in accordance with the foregoing paragraph and the sheep so dipped, other than lambs of less than nine months, have been previously clipped in the year in which the dipping takes place.

8 Compulsory dipping of sheep.

8.—(1) Save as otherwise provided by this Order, every person, who in any first or second dipping period has in his possession or under his charge any sheep (other than sheep which came into his possession or charge subsequent to being dipped in such dipping period in accordance with this Order), shall during such dipping period, cause the sheep to be dipped in accordance with this Order.

(2) Before dipping any sheep (other than sheep in respect of which a document has been served under paragraph (1) of Article 10 of this Order) the person in possession or in charge of the sheep shall, not later than five days before the day upon which the sheep are intended to be dipped (in this Order referred to as the dipping day), complete Part I of Form A in the Schedule to this Order and serve the Form when so completed on the local authority.

(3) Whenever the requirements of paragraph (2) of this Article or paragraph (1) of Article 10 of this Order are complied with, the local authority on whom the said Form A has been served shall note its contents, complete Part II thereof and return the Form when so completed to the sender before the dipping day.

(4) Every local authority on whom Form A has been served shall send an inspector to be present at the dipping of the sheep to which the Form relates.

(5) When any sheep have been dipped, the person in possession or in charge of the sheep shall make the declaration contained in Part III of the said Form A and thereupon shall present the Form to the inspector who shall complete Part IV thereof.

9 Restriction on having possession or charge of sheep.

9. Notwithstanding any provision in this Order exempting sheep from dipping, it shall not be lawful for any person, at any time outside any first or second dipping period, to have in his possession or under his charge any sheep unless it has been dipped in accordance with this Order during the last previous dipping period and is accompanied by—

(a) the said Form A completed in accordance with the requirements of this Order and in which the declaration relates to the dipping of the sheep during such last precious dipping period, or

(b) such documentary evidence of the dipping of the sheep in such last previous dipping period as may be prescribed by regulations made by the local authority under this Order and four the time being in force.

10 Imported sheep.

10.—(1) Subject to paragraph (2) of this Article, where, at any time in any first or second dipping period, sheep are brought into the State (in this Order referred to as imported sheep) the person in possession or in charge of the sheep shall immediately complete Part I of Form A in the Schedule to this Order and serve the Form when so completed on the local authority and shall at the same time inform the authority that the sheep are imported sheep and shall isolate the imported sheep from all other sheep until the imported sheep have been dipped in accordance with this Order.

(2) Where any sheep are brought to a market, fair, or saleyard in the State from a place outside the State at any time in any first or second dipping period and such sheep are accompanied by a declaration in Form B in the Schedule to this Order, signed by the person in possession or in charge of such sheep, stating that the sheep have been dipped in a manner which would be deemed to be dipping within the meaning of this Order, the following provisions shall have effect—

(a) the Sheep shall, while being moved to, while at, or while being removed from the market, fair, or saleyard be deemed not to be imported sheep for the purposes of this Order,

(b) if the sheep after being removed from the market, fair, or saleyard, are detained in the State, the sheep shall at and from the time of the detention be imported sheep for the purposes of this Order.

(3) Sheep which are brought into the State from a place outside the State for the purpose only of sending them to another place outside the State shall not be deemed to be imported sheep for the purposes of this Order.

(4) Where any person is the owner or occupier of, or has grazing rights on, land in the State, and also is the owner or occupier of, or has grazing rights on, land in Northern Ireland, and the person in any first or second dipping period moves sheep from the land in Northern Ireland to the land in the State and the sheep are accompanied by a certificate signed by an inspector of a local authority in Northern Ireland stating that the sheep have been duly dipped in a manner which if carried out in the State would be deemed to be dipping within the meaning of this Order, the sheep shall be deemed not to be imported sheep for the purposes of this Order and the sheep shall be deemed to have been dipped in accordance with this Order.

(5) Where in any month any inspector is present at the dipping of imported sheep the inspector shall, not later than the first day of the next following month, furnish to the local authority a return in the form contained in Form C in the Schedule hereto, and the authority shall furnish the Minister with a copy of the return.

11 Isolation of dipped sheep.

11. The person in possession or in charge of any sheep which have been, or are deemed to have been, dipped in accordance with this Order in a dipping period, shall, in that dipping period keep such sheep isolated from all other sheep which have not, nor are deemed to have been, so dipped.

12 Exemption of sheep from dipping.

12.—(1) If any person in possession or in charge of sheep is of opinion that it is impracticable or inexpedient to dip such sheep in accordance with this Order in a particular first or second dipping period because such sheep are intended for exhibition, or for some other special reason, such person, if he obtains from a veterinary surgeon a certificate (in this Article referred to as the veterinary surgeon's certificate) stating that he has examined such sheep, that they are free from disease, and that the grounds alleged for their exemption are reasonable, may apply to the secretary of the local authority for a certificate (in this Order referred to as an exemption certificate) exempting the sheep from dipping in such dipping period.

(2) Every application under paragraph (1) of this Article shall be accompanied by the veterinary surgeon's certificate given in respect of the sheep to which the application relates and on receipt of the application together with the certificate, the secretary of the local authority may grant in Form D in the Schedule hereto an exemption certificate in respect of the sheep exempting them from dipping in such dipping period either absolutely, or subject to conditions as to subsequent dipping as the authority may think proper.

(3) Whenever an exemption from dipping in a first or second dipping period is given by the Secretary of a local authority under this Article, in respect of any sheep, the sheep shall be exempt from dipping in that dipping period to the extent and subject to the conditions (if any) mentioned in the exemption certificate.

(4) Every secretary of a local authority who signs an exemption certificate under this Article shall forthwith send to the Minister a copy of the certificate together with a copy of the veterinary surgeon's certificate given in respect of the sheep to which the certificate relates.

13 Notice to dip.

13. Where at the expiration of any first or second dipping period sheep (other than sheep exempted by an exemption certificate from dipping in such dipping period) in the possession or charge of any person have not been dipped in accordance with this Order, nor are deemed to have been so dipped, an inspector may, without prejudice to any proceedings in respect of the offence committed by such person in failing to have the sheep so dipped, serve on the person, and on any person in possession or in charge of any sheep in contact with the first-mentioned sheep, a notice in Form E in the Schedule hereto, requiring all or any of such hereinbefore-mentioned sheep to be dipped in the manner specified in the notice and upon the service of the notice it shall be unlawful for any person to move any of the sheep to which the notice relates from any land on which the sheep are at the date of the notice until the notice has been complied with.

14 Cleansing and emptying of dipping place.

14. Where there is on any land a place used for dipping sheep, the owner or occupier of such land shall as soon as is practicable after each occasion on which the place is so used, cleanse the place, collect and disinfect or destroy all wool remaining in or about the place, and so dispose of the sheep bath used in the place that no river, well, or water supply is thereby tainted or poisoned.

15 Service of documents on local authority.

15. Where any document in relation to any sheep is required by this Order or by regulations made under this Order to be served on a local authority the document may be served—

(a) by posting or delivering it to a member of the Garda Síochána, stationed at the Garda Station nearest to the place where such sheep are, who shall thereupon transmit it to the authority, or

(b) by posting or delivering it to the secretary of the authority, or

(c) in such manner as may be prescribed by regulations made under this Order by the local authority on which it is required to be served.

16 Power of local authority to direct special dipping.

16.—(1) If in the opinion of a local authority it is desirable that any sheep in the functional area of the authority should be dipped in any first or second dipping period at any particular time and place, the authority may serve on the person in possession or in charge of the sheep a requisition (in this Order referred to as a dipping requisition) requiring the person to dip the sheep at the time and place, and in the manner specified in such requisition and to the satisfaction of an inspector.

(2) Every dipping requisition shall be in Form F in the Schedule to this Order and shall state whether the dipping required thereby shall be in addition to or in lieu of the dipping required by this Order.

(3) Where a dipping requisition is served on any person, and the requisition states that the dipping required thereby is in lieu of the dipping required by this Order, any sheep dipped in accordance with the requisition shall be deemed to have been dipped in accordance with this Order.

17 Carrying and production of documents.

17.—(1) Where under this Order any sheep are required on being moved, to be accompanied by any document (in this Order referred to as an accompanying document) it shall not be lawful for any person to move such sheep unless the accompanying document is carried by him at the time of moving.

(2) Any person in possession or in charge of sheep while the sheep are being moved shall on demand by a person (in this Order referred to as an authorised person) who is—

(a) a Peace Commissioner,

(b) a member of the Garda Síochána,

(c) an inspector, or

(d) any authorised officer,

produce any accompanying document and permit the authorised person to read and if he so desires to copy or make extracts from the document.

(3) Any person in possession or in charge of sheep which are being moved shall on demand give his name and address to an authorised person and state whether or not he is the owner of the sheep and if he is not the owner give the name and address of the owner.

(4) Where an authorised officer makes a demand pursuant to this Article, he shall, if requested, produce his appointment for examination by the person concerned.

(5) In this Article "authorised officer" means a person appointed by the Minister or a local authority in writing to be an authorised officer for the purposes of this Order.

18 Powers of inspectors.

18.—(1) Every inspector shall have power to do all or any of the following things—

(a) enter on any premises where there is any place used for dipping sheep and inspect the place and investigate the method by which sheep baths used at the place are disposed of,

(b) inspect the dipping of any sheep,

(c) require a sample of the dip used for the making of any sheep bath, or a sample of the sheep bath,

(d) require the production of the package or container in which the sheep dip used for making any sheep bath was packed,

(e) require the production of any document relating to the dipping of sheep,

(f) examine any sheep.

(2) The person in possession or in charge of sheep shall comply with all the reasonable requirements of an inspector examining the sheep and if so requested by such inspector shall collect, pen, and otherwise afford all reasonable facilities for the examination of the sheep.

(3) The provisions of this Article shall be in addition to and not in substitution for the provisions of section 2 of the Diseases of Animals Act, 1903.

19 Appointment of temporary inspectors.

19.—(1) Every local authority shall temporarily appoint, for service during each dipping period in each year, as many additional inspectors as may be necessary to enable proper supervision to be maintained on behalf of the authority with a view to securing the carrying out in their functional area of the provisions of this Order.

(2) Appointments under this Order and the remuneration of persons appointed shall in all instances be subject to approval by the Minister.

(3) If it appears to the Minister that a local authority has in any year failed—

(a) to make within a reasonable time, the appointments required by this Order, or

(b) to make a sufficient number of such appointments,

the Minister may issue to the authority a certificate under his seal specifying what number of appointments or of further appointments, as the case may be, are requisite for the purposes of this Order in the functional area of the authority and specifying also, if the Minister sees fit, the rates of remuneration of the inspectors to be appointed and the areas for which they should respectively act, and the authority on receipt of such certificate, shall proceed, without avoidable delay, to make the requisite appointments in accordance with the terms of the certificate.

20 Power of local authority to make regulations.

20. A local authority may make regulations for all or any of the following purposes—

(a) empowering inspectors, by notice served on any person in possession or in charge of sheep, to require that the dipping of the sheep shall be carried out at specified times and places,

(b) requiring compliance with notices served by inspectors under such regulations at the times specified or such times as may be substituted owing to inclement weather,

(c) requiring that the person in possession or in charge of sheep shall provide in a specified form, in a specified manner, and with specified particulars documentary evidence of the dipping in accordance with this Order and such regulations, of the sheep,

(d) requiring the furnishing of documentary evidence provided in accordance with such regulations to specified persons or on specified occasions,

(e) for requiring that sheep in the possession of or under the charge of any person shall be accompanied by documentary evidence of dipping provided in accordance with such regulations,

(f) for requiring that the person in possession or in charge of sheep shall comply with all reasonable requirements of an inspector as to the collection, penning and dipping of the sheep,

(g) for prescribing the manner in which any document required to be served on the authority under this Order or such regulations may be served on the authority.

21 Powers of inspectors of the Minister under regulations.

21. Where under any regulations made by a local authority under this Order any powers are exercisable by an inspector of the authority every inspector of the Minister may in the functional area of the authority exercise such powers in all respects as if he were an inspector of the authority.

22 Restrictions of power of local authority to make regulations.

22. No regulation made by a local authority under this Order shall apply to sheep moved through the functional area of the authority from a place outside the area either—

(a) to another place outside the area without unnecessary delay and without being unloaded within the area, or

(b) direct to a ship in a port within the area or to a lair at such port for shipment from the port within two days.

23 Submission of regulations to the Minister.

23.—(1) Whenever a local authority make regulations under this Order the authority shall send a copy of the regulations to the Minister.

(2) If in the opinion of the Minister any regulation or part of a regulation made and submitted to him by a local authority is objectionable, the Minister may direct in writing the revocation of the regulation or part and upon such direction being received by the authority the regulation or the part of a regulation shall be deemed to be revoked by the authority.

24 Scheduling of areas.

24.—(1) Whenever the Minister by notice published in the Iris Oifigiúil declares that any area (which may be either the whole or any part of the State) shall be a scheduled area such area shall while such notice remains in force be a scheduled area for the purposes of this Order.

(2) The minister may in respect of any scheduled area make special regulations as to the dipping of sheep or as to the movement of sheep within, into, or from that scheduled area.

(3) The provisions of special regulations made by the Minister for a scheduled area in respect of the dipping or movement of sheep shall, so far as they relate to matters dealt with by this Order, while such regulations remain in force in the scheduled area, be in lieu of the provisions of this Order in relation thereto.

(4) The Minister may at any time after he has published a notice declaring an area to be a scheduled area, publish a notice cancelling such first-mentioned notice in respect of all or part of the area to which it relates, and thereupon the area in respect of which the notice is cancelled shall cease to be a scheduled area and any special regulation made in respect of such area shall cease to have effect but without prejudice to the validity of anything previously done thereunder.

25 Aiding abetting etc.

25. It shall not be lawful for any person to aid, abet, counsel, or procure the commission of any breach of the provisions of this Order.

26 Revocations.

26. The Sheep Dipping Order, 1937 ( S.R. & O. No. 169 of 1937 ), and the Sheep Dipping Order, 1948 ( S.I. No. 157 of 1948 ), are hereby revoked.

SCHEDULE.

FORM A.

(Articles 8 and 10).

SHEEP DIPPING ORDER, 1965.

PART I.

Notification of Intentions to Dip

PART II.

Acknowledgement of Receipt of Notification of Intention to Dip.

PART III.

Declaration that Dipping has been Carried out.

PART IV

Confirmation by Inspector.

INSTRUCTIONS.

1. Part I, The owner or person who in any dipping period is in possession or charge of sheep (being neither sheep mentioned in subparagraph (a) of paragraph (2) of Article 10 of the above Order, nor sheep mentioned in paragraph (3) or paragraph (4) of the said Article 10) shall complete Part I of the Form and send it to the County Council within whose functional area the sheep are intended to be dipped, not less than five days before the dipping day.

2. Part II. The County Council shall complete Part II of the Form and return it to the sender before the dipping day.

3. Part III. The owner or person in possession or charge of the sheep shall make the declaration contained in Part III of the Form and thereupon submit the Form to an Inspector for completion by him of Part IV.

4. Any erasures or alterations in the Form shall be initialled by the Inspector who shall first satisfy himself of the accuracy of the particulars shown on the Form.

5. No part of the Form shall be detached.

FORM B.

(Article 10).

FORM OF DECLARATION TO ACCOMPANY SHEEP BROUGHT INTO

THE STATE TO A MARKET, FAIR, OR SALEYARD.

SHEEP DIPPING ORDER, 1965.

*Strike out the inappropriate words.

†Here insert particulars of source of information or if statements are of your own knowledge strike out words after "knowledge".

FORM C.

(Article 10).

MONTHLY RETURN SHOWING DIPPINGS OF IMPORTED SHEEP.

SHEEP DIPPING ORDER, 1965.

FORM D.

(Article 12).

CERTIFICATE OF EXEMPTION FROM DIPPING.

SHEEP DIPPING ORDER, 1965.

*Strike out the inapporpriate word.

†Here state grounds of exemption.

‡Here insert conditions, if any.

PARTICULARS OF SHEEP EXEMPTED.

NOTE:—Every secretary of a county council who signs an exemption in the above form in respect of any sheep is required by Article 12 of the above Order to send to the Minister for Agriculture a copy thereof with a copy of the certificate of the veterinary surgeon furnished to him under that Article.

FORM E.

(Article 13).

NOTICE TO DIP.

SHEEP DIPPING ORDER, 1965.

*Land where sheep are.

FORM F.

(Article 16).

DIPPING REQUISITION OF LOCAL AUTHORITY.

SHEEP DIPPING ORDER, 1965.

*Strike out the inappropriate words.

GIVEN under my Official Seal, this 29th day of April, 1965.

CHARLES J. HAUGHEY,

Minister for Agriculture.

EXPLANATORY NOTE.

The effect of this Order is to amend the existing law on the dipping of sheep so as to provide for two compulsory dippings each year, and for certain changes in the requirements for the certification of dipping.