S.I. No. 252/1978 - Brucellosis in Cattle (Movement Control) (No. 2) Order, 1978

S.I. No. 252 of 1978.

BRUCELLOSIS IN CATTLE (MOVEMENT CONTROL) (NO. 2) ORDER, 1978

I, JAMES GIBBONS, Minister for Agriculture, in exercise of the powers conferred on me by sections 3,13,27 and 48 of the Diseases of Animals Act, 1966 (No. 6 of 1966), as adapted by the Agriculture and Fisheries (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 31 of 1977 ), hereby order as follows:

1. (1) This Order may be cited as the Brucellosis in Cattle (Movement Control) (No. 2) Order, 1978.

(2) This Order shall come into operation on the 18th day of September, 1978.

2. In this Order—

"animal" means a bovine animal;

"the Minister" means the Minister for Agriculture;

"the Order of 1966" means the Brucellosis in Cattle (Clearance Area) (General Provisions) Order, 1966 ( S.I. No. 120 of 1966 );

"the Order of 1968" means the Brucellosis in Cattle (Disease Free Area) Order, 1968 ( S.I. No. 112 of 1968 );

"the Order of 1971" means the Brucellosis in Cattle (Movement Control) (Supplementary Provisions) Order, 1971 ( S.I. No. 176 of 1971 );

"the Order of 1973" means the Brucellosis in Cattle (Movement Control) Order, 1973 ( S.I. No. 132 of 1973 );

"reactor" means an animal which, by reason of the result of a test for Brucellosis or otherwise, the Minister believes or suspects is affected with brucellosis.

3. The following shall each be construed and have effect as if the reference therein to 14 days were a reference to 30 days, namely:

( a ) Articles 18 (1) and 20 (2) of the Order of 1968;

( b ) paragraphs (1) and (2) of Article 5 and Article 7 (1) of the Brucellosis in Cattle (Movement Control) Order, 1970 ( S.I. No. 135 of 1970 );

( c ) paragraphs (1) and (2) of Article 5 and Article 7 (1) and 10 (2) of the Order of 1971; and

( d ) Articles 5 (1), 7 (1) and 10 (2) of the Order of 1973.

4. (1) Where for the time being a herd is a restricted herd within the meaning of the Order of 1968, an animal which is a castrate shall not be moved out of the herd except under and in accordance with a licence granted for the purposes of this Article by the Minister.

(2) Where there is for the time being in force a restriction on movement under Article 8 (1) of the Order of 1971 or Article 8 (1) of the Order of 1973, an animal which is a castrate shall not be moved out of the herd to which the restriction relates except under and in accordance with a licence granted for the purposes of this Article by the Minister.

(3) The conditions attached to a licence granted for the purposes of this Article by the Minister shall be complied with by the person to whom the licence is granted and any omission by such person to comply with any such condition is hereby declared to be an offence.

5. Where—

( a ) in pursuance of Article 7 (1) (b) of the Order of 1966 or Article 8 (1) (b) of the Order of 1968 a pasture is used to isolate a reactor, and

( b ) the reactor is moved off the pasture and out of the relevant herd,

then the owner or person in charge of the pasture shall not, at any time during the period of sixty days beginning on the day on which the reactor is so moved, move, or permit to be moved, on to the pasture any animal other than a reactor.

6. (1) This Article applies to any milk from a reactor.

(2) Where, by reason of a test or otherwise, the Minister is satisfied that there is or are a reactor or reactors on any land, he shall forthwith give or send, or cause to be given or sent, to the owner or person in charge of the land a notice requiring such person to heat treat any milk to which this Article applies in a manner specified in the notice before the milk is fed to any animal on the land, and the requirements of the notice shall be complied with by the person to whom it is given or sent.

(3) A notice under this Article shall remain in force until it is withdrawn by the Minister.

(4) Where a person feeds, or permits to be fed, to an animal, milk which has not been heat treated in accordance with the requirements of a notice under this Article, such feeding or permitting to be fed is hereby declared to be an offence.

(5) The provisions of this Article are in addition to and not in substitution for the provisions of Article 13 of the Order of 1966 and Article 16 of the Order of 1968.

GIVEN under my Official Seal this 2nd day of September, 1978.

JAMES GIBBONS,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order by amending the Brucellosis in Cattle (Clearance Area) (General Provisions) Order, 1966, the Brucellosis in Cattle (Disease-Free Area) Order, 1968, the Brucellosis in Cattle (Movement Control) Order, 1970, the Brucellosis in Cattle (Movement Control) (Supplementary Provisions) Order, 1971 and the Brucellosis in Cattle (Movement Control) Order, 1973 (1) changes all references to 14 days in the Orders to 30 days (2) prescribes the procedure for the use of milk from reactor animals in a herd (3) prescribes the procedure for the grazing of pastures after the removal of reactor animals from such pastures and (4) provides for controls on the movement of castrates from reactor herds.