S.I. No. 57/1930 - The Anthrax Order of 1930.

STATUTORY RULES AND ORDERS. 1930. No. 57.ORDER OF THE DEPARTMENT OF AGRICULTURE AND TECHNICAL INSTRUCTION FOR IRELAND.

THE ANTHRAX ORDER OF 1930.

(Dated 18th June, 1930.)

The Department of Agriculture and Technical Instruction for Ireland, by virtue and in exercise of the powers vested in them under the Agriculture and Technical Instruction (Ireland) Act, 1899, the Diseases of Animals Acts, 1894 to 1914, and of every other power enabling them in this behalf, do, with the concurrence of the Minister for Agriculture, hereby order as follows :—

1 Notice of Disease.

1.—(1) Every person having or having had in his possession or under his charge a diseased or suspected animal or carcase shall with all practicable speed give notice of the fact to a member of the Gárda Síochána at the nearest Gárda station, who shall forthwith give information of the receipt by him of the notice to

(a) the Secretary, Department of Agriculture (Veterinary Section), Dublin, C.17 ;

(b) an Inspector of the Local Authority, and

(c) the Local Authority.

(2) The Inspector of the Local Authority shall forthwith give information of the receipt of the notice to the Medical Officer of Health of the Sanitary District in which the diseased or suspected animal or carcase is or was.

2 Notification of Disease by Veterinary Surgeons.

2.—(1) A Veterinary Surgeon who examines any animal, or the carcase of any animal, and is of opinion that the animal is affected with disease, or was so affected when it died or was slaughtered or suspects that the animal or carcase is or was so affected shall with all practicable speed give notice of the affection or suspicion of affection to a member of the Gárda Síochána at the nearest Gárda station, who shall forthwith notify

(a) the Secretary, Department of Agriculture (Veterinary Section), Dublin, C.17;

(b) an Inspector of the Local Authority, and

(c) the Local Authority.

(2) The Inspector of the Local Authority of the District in which the animal or carcase is or was shall forthwith report the same to the Medical Officer of Health of the Sanitary District in which the diseased or suspected animal or carcase is or was.

(3) A Veterinary Surgeon who under and in accordance with this Article gives notice of the existence or suspected existence of disease shall be entitled to receive from the Local Authority a fee of two shillings and sixpence for each notification.

(4) Where two or more animals or carcases are examined by a Veterinary Surgeon on the same premises and at the same time and are found to be affected with disease, or are suspected of being so affected, one fee only shall be payable to him in respect of the notification of the existence or suspected existence of disease in such animals or carcases.

3 Precautions in case of diseased or suspected animal or carcase.

3. Where there is a diseased or suspected animal or carcase on any premises :—

(1) The occupier of the premises shall—

(a) forthwith prevent access of animals or poultry to the diseased or suspected animal or carcase, or to any part of the premises which has or may have been exposed to infection or disease from the diseased or suspected animal or carcase, or has been contaminated by any dung or any discharge from any such animal or carcase;

(b) forthwith detain on the premises any diseased or suspected animal or carcase thereon, and any other head of cattle, sheep, goat or swine which has been in the same shed, stable, building, yard or field with the diseased or suspected animal or carcase, or in any part of the premises contaminated by any dung or any discharge from any diseased or suspected animal or carcase; and

(c) disinfect as soon as possible with an approved disinfectant any place where the diseased or suspected animal or carcase has lain, or where its blood has escaped.

(2) The skin of a diseased or suspected carcase shall not be cut, nor shall anything be done to cause the effusion of blood, except by a Veterinary Inspector acting under the directions of the Local Authority, or by a Veterinary Surgeon acting on behalf of the owner of the carcase and in either case so far only as may be necessary for the purpose of obtaining suitable material for microscopical or cultural examination.

(3) The milk produced by any diseased or suspected cow or goat shall not be mixed with other milk, and shall forthwith be boiled or otherwise sterilised, and any utensil in which such milk is placed before being so treated shall be thoroughly sterilised with boiling water before any other milk is placed therein.

(4) The provisions of this Article shall apply before a notice in the Form A or to the like effect is served in accordance with Article 4 (2) hereof, but upon service of such a notice, the rules set out in Article 8 hereof shall be observed.

(5) The provisions of this Article shall not apply in the case of a diseased or suspected animal exposed in contravention of Article 12 hereof, or in the case of any other animal mentioned in that Article, except in so far as that Article expressly provides.

4 Procedure of Inspector of Local Authority. Declaration of Infected Place.

4.—(1) An Inspector of a Local Authority on receiving in any manner whatsoever information of the supposed existence of disease in any animal or carcase, or having reasonable ground to suspect the existence of disease, shall proceed with all practicable speed to the place where such disease exists, or is suspected to exist, and shall there and elsewhere discharge the duties imposed and shall exercise the appropriate powers conferred on him as Inspector by or under the Diseases of Animals Acts, and this Order.

(2) The Inspector shall forthwith serve a Notice (in the Form A set forth in the Schedule hereto or to the like effect) on the occupier of any premises on which there is or has been a diseased or suspected animal or carcase.

(3) On service of such Notice the premises shall become an Infected Place within the limits specified by the Notice and be subject to the rules contained in Article 8 of this Order.

(4) Subject as hereinafter provided, the rules applied to an Infected Place by a Notice under this Article shall continue in force until such Notice is withdrawn by a further Notice (in the Form B set forth in the Schedule to this Order or to the like effect) served by an Inspector of the Local Authority on the occupier of the Infected Place.

(5) The limits of an Infected Place may at any time be altered by an Inspector of the Local Authority by Notice in writing served on the occupier of the Infected Place.

5 Veterinary Inquiry as to Existence of Anthrax.

5.—(1) A Local Authority, on receiving information of the existence, or suspected existence, of disease in any animal or carcase shall forthwith cause enquiry to be instituted as to the correctness of such information with the assistance and advice of a Veterinary Inspector.

(2) The owner and occupier of any premises on which there is or has been a diseased or suspected animal or carcase shall give all reasonable facilities for the enquiry by the Local Authority under this Article.

(3) If the Veterinary Inspector is satisfied at the time of his examination of the animal or carcase, by a microscopical examination of its blood on the spot or by other evidence, that the animal or carcase is not diseased, he shall forthwith give to the Local Authority a certificate to that effect, and the Local Authority shall, as soon as practicable, cause a Notice (in the Form B set forth in the Schedule hereto, or to the like effect) to be served on the occupier of the premises on which the animal or carcase is or was.

(4) If the Veterinary Inspector is not so satisfied he shall forthwith give to the Local Authority a certificate stating that the case is one of suspected disease. He shall also for the purpose of further investigation take and examine one or more samples of the blood or other fluid of the animal or carcase, or of the tissue of the carcase, as may be necessary for that purpose, and as soon as may be after examination thereof forward to the Veterinary Research Laboratory, Thorndale, Drumcondra, Dublin, N.E.4, such samples as may be required to enable a Veterinary Inspector of the Department to certify whether or not the animal or carcase was diseased, together with a report of his examination of the animal or carcase.

6 Precautions by Local Authority in case of Suspected Disease.

6. Where the Veterinary Inspector gives to the Local Authority a certificate that the case is one of suspected disease the Local Authority shall forthwith direct an Inspector to carry out such disinfection as the Inspector may think necessary, and in the case of a suspected carcase shall forthwith cause the same to be destroyed in the manner prescribed by this Order.

7 Procedure consequent on Examination by Veterinary Inspector of the Department.

7.—(1) Where a Veterinary Inspector of the Department certifies that an animal or carcase was diseased, the Local Authority on receipt of the certificate shall forthwith cause the Infected Place to be cleansed and disinfected in accordance with the provisions of Article 10 of this Order.

(2) Where a Veterinary Inspector of the Department certifies that an animal or carcase; was not diseased the Local Authority, on receipt of information to that effect shall as soon as practicable, cause the withdrawal by the service of a Notice (Form B) of any Notice (Form A) served under this Order in respect of the animal or carcase to which the enquiry under Article 5 relates.

8 Rules to be observed on an Infected Place.

8. The following rules shall be observed on premises declared to be an Infected Place by the service of a Notice (Form A) under Article 4 (2) of this Order until such Notice is withdrawn by the service of a Notice (Form B) under this Order.

Rule 1. The occupier of an Infected Place shall—

(i) prevent access of animals or poultry to the diseased or suspected animal or carcase, or to any part of the premises which has or may have been exposed to infection of disease from the diseased or suspected animal or carcase, or has been contaminated by any dung or any discharge from any such animal or carcase ;

(ii) detain on the premises any diseased or suspected animal or carcase thereon, and any other head of cattle, sheep, goat or swine which has been in the same shed, stable, building, yard or field with the diseased or suspected animal or carcase, or in any part of the premises contaminated by any dung or any discharge from any diseased or suspected animal or carcase; and

(iii) disinfect as soon as possible with an approved disinfectant any place where the diseased or suspected animal or carcase has lain, or where its blood has escaped.

Rule 2. The skin of a diseased or suspected carcase shall not be cut, nor shall anything be done to cause the effusion of blood, except by a Veterinary Inspector acting under the directions of the Local Authority, or by a Veterinary Surgeon acting on behalf of the owner of the carcase and in either case so far only as may be necessary for the purpose of obtaining suitable material for microscopical or cultural examination.

Rule 3. Animals shall not be removed, or allowed to stray, out of or into an Infected Place except as expressly authorised by this Article.

Rule 4. Any horse, ass, mule, or dog which is not diseased or suspected may be moved out of or into an Infected Place.

Rule 5. Any other animal which is not diseased or suspected may be moved out of an Infected Place with the permission in writing of an Inspector of the Local Authority to the nearest available slaughterhouse under the supervision of an Inspector or other officer of the Local Authority for the purpose of being forthwith slaughtered, or to some premises to which the rules contained in this Article shall thereupon be applied by the service of a Notice which shall be in the Form A set forth in the Schedule to this Order with the necessary adjustment. Such Notice shall remain in force until it is withdrawn by a Notice (Form B) under this Order served by an Inspector of the Local Authority.

Rule 6. Litter, dung, broken fodder, utensils, pens, hurdles, or other things shall not be removed from an Infected Place except with permission in writing from an Inspector of the Local Authority.

Rule 7. The milk produced by any diseased or suspected cow or goat shall not be mixed with other milk, and shall forthwith be boiled or otherwise sterilised, and any utensil in which such milk is placed before being so treated shall be thoroughly sterilised with boiling water before any other milk is placed therein.

9 Disposal of Carcases.

9.—(1) A diseased carcase and any other carcase required by this Order to be destroyed shall be disposed of by the Local Authority as follows :—

(i) The Local Authority shall cause the carcase to be destroyed by exposure to a high temperature upon the farm or premises upon which the carcase is, or upon the nearest available premises suitable for the purpose; or

(ii) The Local Authority may cause the carcase to be destroyed, under the supervision of an Inspector or other officer of the Local Authority, in the mode following : The carcase shall be disinfected, and shall then be taken to suitable premises and shall be there destroyed by exposure to a high temperature, or by chemical agents; or

(iii) Where the circumstances do not permit of the disposal of the carcase by either of the foregoing methods the Local Authority shall cause the carcase to be buried as soon as possible in its skin in some convenient or suitable place to which animals will not have access, and which is removed from any dwelling-house, and at such a distance from any well or watercourse as will preclude any risk of the contamination of the water therein, the carcase being buried at a depth of not less than six feet below the surface of the earth, and with a layer of lime not less than one foot deep both beneath and above it. Where possible the place of burial shall be the farm or premises upon which the animal died or was slaughtered.

(2) A diseased or suspected carcase shall not be buried or destroyed otherwise than by the Local Authority, or be removed from the farm or premises upon which the animal died or was slaughtered, except by the Local Authority.

(3) Before a carcase is moved for burial or destruction under this Article, all the natural openings thereof shall be effectually plugged with tow or some suitable material soaked in an approved disinfectant.

(4) Where, in the case of the carcase of a four-footed mammal which was kept in any public or private zoological collection, it is impracticable to dispose of the carcase unless the carcase be cut, such cutting, notwithstanding the provisions of Article 3 (2) and Rule 2 of Article 8 of this Order, may be done, but only with the permission and under the supervision of a Veterinary Inspector of the Local Authority.

(5) A Local Authority may cause or allow a carcase to be taken into the District of another Local Authority to be buried or destroyed, with the previous consent of that Local Authority, but not otherwise.

10 Cleansing and Disinfection.

10.—(1) The Local Authority shall at their own expense cause to be cleansed and disinfected under the direction of an Inspector, and in the mode provided by this Article—

(a) all those parts of any shed, stable, building, field, or other place in which a diseased animal has died or been slaughtered, or has been kept at the date of such death or slaughter ;

(b) every utensil, pen, hurdle, or other thing used for or about any diseased animal or carcase;

(c) every van, cart, railway truck or other vehicle used for carrying any diseased animal or carcase.

(2) Any part of a place or thing required by this Order to be cleansed and disinfected shall be cleansed and disinfected in manner following :—

(i) the part of a place or thing shall be thoroughly soaked or drenched with an approved disinfectant; then

(ii) the part of a place or thing shall, if the nature thereof so permit, be scraped and, where necessary, swept, and the scrapings and sweepings and all dung, sawdust, litter and other matter shall be effectually removed therefrom; then

(iii) the part of a place or thing shall be thoroughly washed or scrubbed or scoured with water, and then again thoroughly coated or washed with an approved disinfectant.

(3) The scrapings and sweepings, and the dung, sawdust, litter, and other matter removed under this Article Shall forthwith be burnt or otherwise destroyed, or if destruction is not practicable be well mixed with quicklime and be effectually removed from contact with animals.

(4) The Local Authority shall at their own expense cause any litter, dung or broken fodder which appears to them or their Inspector to be likely to spread disease to be disinfected thoroughly, or to be burnt or destroyed if it is in their or his opinion impracticable to disinfect the same thoroughly.

(5) Where the cost of disinfection has been increased by any wilful act or neglect on the part of the owner of the animal or carcase, the Local Authority shall be entitled to recover from the owner the additional cost so caused.

11 Facilities and Assistance to be given for Cleansing and Disinfection.

11.—(1) The occupier of any place, and the owner of any thing, liable to be cleansed and disinfected under this Order shall give all reasonable facilities to the Local Authority and their officers for that purpose.

(2) The Local Authority may by Notice in writing signed by an Inspector and served on the occupier of any premises or the owner of any thing liable to be cleansed and disinfected under this Order require him to cleanse and disinfect the same in the mode provided by this Order but at the expense of the Local Authority.

12 Prohibition from Exposing or Moving Diseased or Suspected Animals or Carcases.

12.—(1) Subject to any other provisions of this Order authorising the movement of animals or carcases, it shall be unlawful for any person—

(a) to expose a diseased or suspected animal in a market, fairground, sale-yard, place of exhibition or other public or private place where animals are commonly exposed for sale or exhibition; or

(b) to place such animal in a lair or other place adjacent to or connected with a market, fairground, or sale-yard, or where animals are commonly placed before or after exposure for sale or exhibition; or

(c) to send or carry, or cause to be sent or carried, a diseased or suspected animal or carcase by railway, canal, river, or inland navigation, or in a coasting vessel; or

(d) to send, carry, lead, or drive, or cause to be sent, carried, led, or driven, a diseased or suspected animal or carcase on a highway, road or lane ; or

(e) to place or keep a diseased or suspected animal on common or uninclosed land, or in a field or place insufficiently fenced, or in a field adjoining a highway, road or lane, unless that field is so fenced or situate that animals therein cannot in any manner come in contact with animals passing along that highway, road or lane, or grazing on the sides thereof; or

(f) to graze a diseased or suspected animal on pasture being on the sides of a highway, road or lane; or

(g) to allow a diseased or suspected animal to stray on a highway, road or lane, or on the sides thereof, or to be on common or uninclosed land, or in a field or place insufficiently fenced.

(2) A diseased or suspected animal or carcase dealt with in contravention of this Article shall be detained and access of other animals and poultry to it shall be prevented until it is certified under this Order that the animal or carcase was not diseased, or until it is moved as herein provided.

(3) Such a diseased or suspected animal or carcase may be moved by or with the written permission of an Inspector of the Local Authority to a convenient and isolated place.

(4) Any head of cattle, sheep, goat or swine which

(i) has been in any pen, stall, lair, vehicle or railway truck in which a diseased or suspected animal or carcase has been exposed or otherwise dealt with in contravention of this Article, or

(ii) has been carried in any manner mentioned in paragraph 1 (c) of this Article so as to have been exposed to infection from any such diseased or suspected animal or carcase, or

(iii) has been in or on any place contaminated by any dung or other discharge from any such diseased or suspected animal or carcase,

shall be detained and access of other animals to it shall be prevented until an Inspector of the Local Authority otherwise determines.

(5) Any such head of cattle, sheep, goat or swine may be moved by or with the written permission of an Inspector of the Local Authority to a convenient and isolated place or to a slaughterhouse for immediate slaughter thereat.

(6) Where any animal is moved to a convenient and isolated place under the provisions of this Article, the provisions of this Order shall apply as if that place were premises on which there was a diseased or suspected animal or carcase.

13 Copies of Notices to be sent to Department, etc.

13. An Inspector shall with all practicable speed send copies of any Notice served under this Order to (a) the Secretary, Department of Agriculture (Veterinary Section), Dublin, C.17, (b) to the Local Authority, (c) to the Medical Officer of Health, and (d) to the Gárda Síochána at the nearest Gárda station of the district.

14 Digging up.

14. It shall not be lawful for any person, except under and in accordance with the provisions of a Licence of the Department or with permission in writing of an Inspector of the Department to dig up, or cause to be dug up, the carcase of any animal that has been buried, whether under this Order or otherwise.

15 Extension of the meaning of "animals" and "disease" for the purposes of the Diseases of Animals Act, 1894.

15. For the purpose of the Diseases of Animals Act, 1894, the definition of "animals" in that Act is hereby extended so as to include horses, asses, mules, dogs and any four-footed mammal which is defined by this Order as an animal for the purposes thereof, and the definition of "disease" in that Act is hereby extended so as to include anthrax (that is to say, the disease called or known as anthrax, splenic fever or splenic apoplexy of animals).

16 Powers of the Department.

16.—(1) Any powers by this Order conferred upon a Local Authority or an Inspector of a Local Authority may at any time be exercised by the Department or an Inspector of the Department, respectively.

(2) Notwithstanding anything in this Order a Notice served thereunder may, if the Department are satisfied that such a course is desirable, be withdrawn at any time by a Withdrawal Notice issued by an Inspector of the Department and the Notice originally served shall thereupon cease to operate.

17 Local Authority to enforce Order.

17. The provisions of this Order, except where it is otherwise provided, shall be executed and enforced by the Local Authority.

18 Presumption of Knowledge of Disease.

18. Where the owner or person in charge of an animal or carcase is charged with an offence against the Diseases of Animals Act of 1894 relative to anthrax, he shall be presumed to have known of the existence of that disease, unless and until he shows, to the satisfaction of the Court, that he had not knowledge thereof and could not with reasonable diligence have obtained that knowledge.

19 Offences.

19. Any person committing or aiding, abetting, counselling or procuring the commission of any breach of the provisions of this Order is liable on summary conviction to the penalties provided by the Diseases of Animals Acts, 1894 to 1914.

20 Interpretation.

20. In this Order unless the context otherwise requires :—

"Animals" means cattle, sheep, goats and all other ruminating animals and swine, horses, asses, mules and dogs, and any four-footed mammal kept in captivity except mammals in a pathological institute which is specified in a licence for the time being in force granted to any person under the Cruelty to Animals Act, 1876.

"Disease" means anthrax (that is to say the disease called or known as anthrax, splenic fever or splenic apoplexy of animals).

"Diseased" means affected with anthrax, and "suspected" means suspected of being affected with anthrax.

"Approved disinfectant" means a disinfectant approved by the Department.

"Poultry" includes domestic fowls, turkeys, geese, ducks, guinea fowls, and pigeons.

"Carcase" means the carcase of an animal and includes part of the carcase and the meat, bones, hide, skin, hoofs, horns, offal and other part of an animal separately or otherwise, or any portion thereof.

"Inspector" includes Veterinary Inspector.

"The Department" means the Department of Agriculture and Technical Instruction for Ireland.

21 Revocation of Order.

21. The Anthrax (Ireland) Order of 1900 is hereby revoked so far as it affects the Irish Free State. Provided that Notices under that Order shall have effect as Notices under this Order.

22 Commencement.

22. This Order shall come into operation on the First day of September, nineteen hundred and thirty.

23 Short Title.

23. This Order may be cited as the Anthrax Order of 1930.

IN WITNESS whereof the Department of Agriculture and Technical Instruction for Ireland have hereunto set their Official Seal this eighteenth day of June, nineteen hundred and thirty.

F. J. MEYRICK,

Secretary.

I concur in the foregoing Order.

P. HOGAN

Minister for Agriculture.

The Rules in Article 8 are to be printed on the back of this Notice.

The expression "animals" means cattle, sheep, goats and all other ruminating animals and swine, horses, asses, mules and dogs, and any four-footed mammal kept in captivity except mammals in a pathological institute which is specified in a licence for the time being in force granted to any person under the Cruelty to Animals Act, 1876.

The Inspector is with all practicable speed to send copies of this Notice to the Local Authority; to the Gárda Síochána at the nearest Gárda station of the district; to the Medical Officer of Health; and to the Secretary, Department of Agriculture (Veterinary Section), Dublin, C. 17.

FORM B.

[Articles 4 (4) and 7 (2).]

ANTHRAX ORDER OF 1930.

Withdrawal of Notice Defining Infected Place (Form A.).

Note.—If the limits of the Infected Place specified in the Notice (Form A), have been altered by a subsequent Notice served by an Inspector of the Local Authority, this Notice applies to the Infected Place as so altered.

The Inspector is with all practicable speed to send copies of this Notice to the Local Authority; to the Gárda Síochána at the nearest Gárda station of the district; to the Medical Officer of Health ; and to the Secretary, Department of Agriculture (Veterinary Section), Dublin, C, 17.

* Strike out if inapplicable.