S.I. No. 161/2000 - Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order, 2000.

I, JOE WALSH, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by sections 3 , 13 , 14 , 19 , 20 , 27 and 48 of the Diseases of Animals Act, 1966 (No. 6 of 1966) and for the purposes of giving effect to Council Directive 97/12⁽¹⁾ of 17 March 1997, Council Directive 98/46/EC⁽²⁾ of 24 June 1998 and Council Directive 98/99/EC⁽³⁾ of 14 December 1998 insofar as they relate to Bovine Tuberculosis hereby order as follows:—

1. (1) This Order may be cited as the Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order, 2000.

(2) This Order shall come into operation on the 31st day of May, 2000.

2. In this Order—

“The Principal Order” means the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 ( S.I. No. 308 of 1989 );

“the 1999 Regulations” means the European Communities (Identification and Registration of Bovine Animals) Regulations, 1999 ( S.I. No. 276 of 1999 );

“keeper” has the meaning assigned to it by the 1999 Regulations;

“passport” has the meaning assigned to it by the 1999 Regulations.

3. Article 6(1) of the Principal Order is hereby amended by the substitution of the following paragraphs for paragraphs (a) and (n) and by the addition of a new paragraph (o):

“(a) the test to be used shall be the intradermal comparative tuberculin test using PPD or HCSM bovine and avian tuberculins, as supplied by the Minister, or a test specified in an authorisation in writing by the Minister which is for the time being in force;”

“(n) where in the opinion of the veterinary surgeon who carried out the test, none of the animals tested has given a positive result but the result of the test has as regards any animal or animals been inconclusive, the veterinary surgeon shall:

(i) forward to the District Veterinary Office in the area in which the test was carried out, with his report under subparagraph (k) of this paragraph, the identity card/passport of each animal as respects which the result of the test was, in his opinion, inconclusive;

(ii) endorse each of the remaining identity cards/passports surrendered to him in accordance with subparagraph (i) of this paragraph with an indication that the animal concerned has passed the test and hold these identity cards/passports until instructed in writing by a veterinary inspector as to their disposition, and

(iii) at the direction of a veterinary inspector forward all the endorsed identity cards/ passports to the District Veterinary Office in the area in which the test was carried out or return the endorsed cattle identity cards/ passports to the owner, keeper or person in charge of the animals on which the test was carried out.”

“(o) where there is an inconclusive animal in a holding a veterinary surgeon shall not issue a veterinary certificate stating that the animal has passed the test to the export standard in respect of any animal in that herd until the health status of the inconclusive animal has been resolved as provided for in Council Directive 98/46/EC.”

4. Article 8 (3) of the Principal Order is hereby amended by the substitution of “within the period of forty-two days” for “within the period of sixty days”.

5. Article 32 of the Principal Order is hereby amended by the substitution of the following paragraph for paragraph (2):

“(2) The Minister may issue, or cause to have issued, an identity card in respect of an animal for the purposes of the Order in the form specified in the Fifth or Seventh Schedules to this Order”.

6. The Principal Order is hereby amended by the addition of the following Article 39:

“39. Any requirement of Regulations 10, 11, 12 or 13 of the 1999 Regulations in respect of a keeper of an animal, in relation to a passport, shall be a like requirement for a keeper in respect of an identity card issued in the form specified in the Seventh Schedule”.

SEVENTH SCHEDULE

(Front)

Department of Agriculture, Food and Rural Development Ireland

Certificate of Tuberculosis Testing

I certify that this animal passed the test indicated below and that no animal failed the test.

Certificate of Brucellosis Testing

I certify that this animal passed the test indicated below and that no animal failed the test.

Tag No.

(BACK)

Record of Owners/Keepers, Transactions and Movements

Record of Transactions at Marts (to be completed by Mart Official)

Record of Owners/Keepers (to be completed by each new owner/keeper on arrival of animal at holding)

This is an official document. It is the property of the Minister for Agriculture, Food and Rural Development. Any alteration/defacement/damage renders it invalid. Document must be signed by the owner/keeper and completed at RECORD OF OWNERS/KEEPERS, TRANSACTIONS AND MOVEMENTS following arrival of animal at each holding.

Document must be surrendered (a) on request to an Authorised Person (b) to the veterinary surgeon at the commencement of test (c) to the new owner/keeper at time of sale/transfer (d) to the factory/abattoir at time of slaughter (e) to the DVO within 7 days in the event of death of the animal.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order transposes into Irish law the provisions of Council Directives 97/12/EC, 98/46/EC and 98/99/EC on health problems affecting intra-community trade in bovine animals and swine, insofar as they relate to Bovine Tuberculosis.

This Order outlines the test to be used and procedural changes relating to veterinary certification for export where an inconclusive reactor is disclosed at a test. The Order also provides for the exchange of cattle identity cards of older animals for new barcoded printed identity cards.

⁽¹⁾ O.J. No. L 109 of 25.04.97

⁽²⁾ O.J. No. L 198 of 15.07.98

⁽³⁾ O.J. No. L 358 of 31.12.98