S.I. No. 273/1975 - Diseases of Animals (Disinfectants) Order, 1975.

S.I. No. 273 of 1975.

DISEASES OF ANIMALS (DISINFECTANTS) ORDER, 1975.

I, MARK CLINTON, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by sections 3 , 6 and 13 of the Diseases of Animals Act, 1966 (No. 6 of 1966), hereby, for the prevention of the spreading of disease, order as follows:

1. This Order may be cited as the Diseases of Animals (Disinfectants) Order, 1975.

2. This Order shall come into force on the first day of December, 1975.

3. In this Order—

"the Act" means the Diseases of Animals Act, 1966 (No. 6 of 1966);

"approved disinfectant" means any substance mentioned in the first column of the Schedule to this Order or any disinfectant approved for the time being by the Minister pursuant to this Order;

"dilution rate" means the number of parts of water with which one part of an approved disinfectant is to be diluted;

"the Minister" means the Minister for Agriculture and Fisheries;

"sell" includes offer or expose for sale and kindred words shall be construed accordingly.

4. (1) Any person who manufactures a disinfectant may apply to the Minister for approval of the disinfectant by him for the purposes of this Order.

(2) Every application to the Minister for an approval under this Article shall be in such form and shall contain such particulars as the Minister may require.

(3) Where an application is made for an approval under this Article, the Minister may require the person making the application to submit to him such samples of the disinfectant to which the application relates and its ingredients and such information concerning it or its ingredients as he considers necessary.

5. (1) Where an application is made to the Minister under Article 4 of this Order, the Minister may—

( a ) test, or cause to be tested, any disinfectant submitted to him in connection with the application, or

( b ) indicate to the applicant the tests to which he requires the disinfectant to be submitted, at the applicant's expense, in order to establish the efficacy of the disinfectant, its physical stability when diluted and the identity and the proportions of all or any of its ingredients.

(2) Where the Minister carries out or causes to be carried out a test pursuant to this Article, the cost of the test shall be defrayed by the applicant.

6. (1) Where an application is made to him under Article 4 of this Order, the Minister may, as he thinks fit, either approve or refuse to approve the disinfectant to which the application relates and in case the Minister approves a disinfectant under this Article he shall at the same time specify the disease or diseases in relation to which the approval is given and may, if he thinks fit, as regards any disease so specified, in addition specify a dilution rate at which the disinfectant is to be used.

(2) An approval given by the Minister under this Order may, if the Minister thinks fit, be at any time withdrawn.

7. A person shall not sell an approved disinfectant unless there is attached to or fixed or printed on the receptacle, container or packet in which it is contained, a form of label approved for the time being for the purposes of this Order by the Minister in relation to such disinfectant, and giving such particulars (if any) as the Minister shall specify when giving the approval and relating to the following, namely, the diseases or disease organisms in respect of which the disinfectant may be used, the dilution or rates of dilution approved by the manufacturer for its use and precautionary measures to be taken by a person using the disinfectant.

8. Where a form of label is approved for the purposes of this Order by the Minister, he may, at his discretion, amend the form, substitute a new form or revoke the approval and in case the Minister proposes to exercise a power conferred on him by this Article, he shall before exercising the power give not less than three months notice of the proposed amendment, substitution or revocation to the manufacturer of the relevant disinfectant.

9. (1) Where either an order made under the Act or any order or regulation continued in force by section 10 of the Act requires or regulates the disinfection of persons, clothing, footwear, animals, premises, vehicles, places, pens, fittings, receptacles or any other thing as regards a disease specified in the second column of the Schedule to this Order, then, unless the contrary intention appears and subject to paragraph (2) of this Article, the order or regulation shall be construed and shall have effect as if it required in the disinfection the use of—

( a ) a disinfectant specified in the first column of the Schedule opposite the mention in the second column thereof of the disease using the dilution rate specified in the third column thereof opposite such mention, or

( b ) a disinfectant (if any) which is for the time being approved under this Order by the Minister in relation to the disease using the dilution rate (if any) specified in relation to the disease in the approval.

(2) Where a disinfection referred to in paragraph (1) of this Article is being carried out in compliance with the requirements of an order or regulation so mentioned, then, unless the contrary intention appears from the order or regulation, in case the disinfection is carried out with a disinfectant approved for the disinfection by an inspector, the requirements of the order or regulations shall be regarded as having been complied with.

(3) Where a disinfection referred to in paragraph (1) of this Article is being carried out, an inspector may require the person carrying out the disinfection or the owner of the disinfectant being used in the disinfection to furnish him with a sample of the disinfectant or permit him to take such sample and to furnish to him such particulars as he may reasonably require concerning the name or description and composition of the disinfectant.

(4) Where an inspector makes a requirement under this Article the person of whom the requirement is made shall comply with the requirement.

10. (1) A person shall not knowingly sell any substance which, by means of a label, mark or other thing attached to or fixed or printed on the receptacle, packet or other container containing it, falsely purports to be an approved disinfectant.

(2) A person shall not knowingly attach, fix or print a label which is approved for the time being under Article 4 of this Order to or on a receptacle, packet or other container containing a substance other than the disinfectant in relation to which the label was so approved.

11. The Diseases of Animals (Disinfection) Order of 1931 (S.R. & O., No. 59 of 1931), is hereby revoked.

SCHEDULE

GIVEN under my Official Seal, this 21st day of November, 1975.

MARK CLINTON,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

This Order

(I) provides for the approval of disinfectants by the Minister for Agriculture and Fisheries;

(II) prescribes the conditions under which such approval may be given and

(III) revokes the Diseases of Animals (Disinfection) Order of 1931.