S.I. No. 161/1958 - Bovine Tuberculosis (14-Day Test) Order, 1958.


S.I. No. 161 of 1958.

BOVINE TUBERCULOSIS (14-DAY TEST) ORDER, 1958.

I, PATRICK SMITH, Minister for Agriculture, it appearing to me to be necessary for the purpose of the progressive eradication of bovine tuberculosis, do hereby, in exercise of the powers conferred on me by section 22 of the Diseases of Animals Act, 1894, and section 2 of the Diseases of Animals (Bovine Tuberculosis) Act, 1957 (No. 14 of 1957), order as follows :—

1 Short title and commencement.

1. (1) This Order may be cited as the Bovine Tuberculosis (14-Day Test) Order, 1958.

(2) This Order shall come into operation on the 1st day of September, 1958.

2 Interpretation.

2. (1) In this Order—

" 14-day tested " means, in relation to an animal, that it has been tested pursuant to and in accordance with this Order within the period of fourteen days ending at the material time and has passed the test ;

" authorised officer " means a person appointed by the Minister in writing to be an authorised officer for the purposes of this Order ;

" market clearance certificate " means a certificate in the form specified in the Second Schedule to this Order ;

" the Minister " means the Minister for Agriculture ;

" tuberculin test certificate " means a certificate in the form specified in the First Schedule to this Order.

(2) References in this Order to export do not include references to export to Northern Ireland.

3 Description of test.

3. The tests to be used in testing cattle pursuant to this Order shall, notwithstanding Article 3 of the Bovine Tuberculosis (General Provisions) Order, 1957 ( S.I. No. 219 of 1957 ), be—

(a) the single intradermal tuberculin test with P.P.D. Weybridge mammalian tuberculin, or

(b) the single intradermal comparative tuberculin test with P.P.D. Weybridge mammalian and avian tuberculins, the mammalian reaction only being used to determine whether the animal has passed the test.

4 Mode of test.

4. (1) A test pursuant to this Order shall be carried out in accordance with the following requirements :

(a) the test shall be carried out by a registered veterinary surgeon authorised by the Minister in writing to carry out tests pursuant to this Order,

(b) the test shall be commenced and completed on the same premises,

(c) the whole of the test shall be carried out by the same veterinary surgeon,

(d) on the day on which the test is commenced, the veterinary surgeon carrying out the test shall send a notice of the test by post to the Secretary, Department of Agriculture, Dublin,

(e) each site at which tuberculin is injected shall be closely clipped, over an area not less than a circle of one inch diameter, immediately before the injection of the tuberculin,

(f) an approved ear-tag shall be inserted in the left ear of the animal at the commencement of the test,

(g) the ear-tag shall bear a shamrock symbol and the identification letters of the veterinary surgeon carrying out the test (as stated in his authorisation) and be numbered so as to identify the animal.

(2) The Minister, at his discretion, may grant and revoke authorisations of registered veterinary surgeons to carry out tests pursuant to this Order.

(3) In this Article " approved ear-tag " means an ear-tag such that—

(a) when inserted in the ear of an animal, it cannot be removed without being defaced, and

(b) if identification letters or numbers borne by the ear-tag are altered (whether by addition, deletion or variation), the alteration is evident as such.

5 Restriction on export.

5. (1) In this Article " controlled designation " means a designation consisting of the expression " 14-day tested ", the expression " once-tested " or any other expression which indicates having passed a test pursuant to this Order.

(2) A bovine animal shall not be exported under a controlled designation unless—

(a) it is a 14-day tested animal,

(b) it is accompanied by a tuberculin test certificate in respect of the relevant test pursuant to this Order signed by the veterinary surgeon who made that test or by a market clearance certificate relating to that test signed by an authorised officer of the Minister, and

(c) it is suitably marked, for identification purposes, in accordance with this Order.

(3) Where—

(a) a person proposes to export a bovine animal under a controlled designation, and

(b) a veterinary inspector, having examined the animal, informs such person that he is not satisfied that the relevant test pursuant to this Order has been carried out in accordance with the requirements of this Order or, whether or not that test has been completed, he suspects the accuracy thereof,

the following provisions shall have effect :

(i) subject to the next paragraph, such person shall not so export the animal by reference to that test and, if he is in possession of any certificate under this Order relating to that test, he shall surrender it to the veterinary inspector,

(ii) if such person, by production of further evidence or otherwise, shows to the satisfaction of the veterinary inspector that that test either (as may be appropriate) was carried out in accordance with the requirements of this Order or was accurate, he may so export the animal by reference to that test and any certificate surrendered pursuant to the foregoing paragraph shall be restored.

6 Restriction on public sales of 14. day tested cattle.

6. (1) In this Article " controlled sale of cattle " means a public sale of cattle which the holder of the sale refers to in any public announcement, advertisement or circular by the use of the expression " 14-day tested " or the expression " once-tested " or otherwise holds out as being a sale of or including 14-day tested cattle.

(2) A person shall not hold a controlled sale of cattle save in premises for the time being approved of by the Minister in writing for the purposes of this Article.

(3) The Minister, at his discretion, may grant and revoke approvals of premises for the purposes of this Article and any such approval—

(a) may be granted either subject to such conditions as the Minister considers appropriate and specifies in the approval or without conditions, and

(b) may be granted either in respect of a limited period or without limitation as to period.

(4) Nothing in the foregoing paragraphs of this Article applies—

(a) to a sale by a farmer of his own cattle on his own farm, or

(b) to a sale specifically authorised by the Minister and held in accordance with any conditions attached by the Minister to the authorisation.

7 Restriction on references in public announcements, etc.

7. A person shall not, in any public announcement, advertisement or circular in relation to a sale of cattle, refer to any of the cattle as having been tested save by the use of the expression " 14-day tested ", the expression " once-tested " or the expression " twice-tested ".

8 Restriction on further tests.

8. Where an animal is tested pursuant to this Order and does not pass the test, a person shall not cause or permit the animal to be tested again pursuant to this Order at any time during the period of sixty days beginning on the day of the commencement of the first-mentioned test.

9 Saver.

9. Save as otherwise specified in this Order, nothing in this Order shall affect or restrict any Order previously made under the Diseases of Animals Acts, 1894 to 1957, or any of those Acts.

Article 2.

FIRST SCHEDULE.

BOVINE TUBERCULOSIS (14-DAY TEST) ORDER, 1958.

TUBERCULIN TEST CERTIFICATE.

I,   M.R.C.V.S., hereby certify that I have applied a Tuberculin Test, with Weybridge tuberculin(s) and in accordance with the requirements of the above-mentioned Order, to the *.................................... animal(s) hereinafter specified and that this animal/these animals passed the test. The whole of the test was carried out by me personally.

* Insert number in writing.

Cattle owned by............................................................ ...................................................

Premises at which test was conducted............................................................ ............

Date and time of (a) injection............................ and (b) reading.................................

No.

Ear Tag No.

Colour or Breed

Sex

Tuberculin

Before injection

At 72 hours

Reaction

A ——

.....................

..................

.................

..................

M ——

Expiring date(s) of tuberculin(s) -Avian..................................... Mammalian...........................

Dated this       day of       , 19 .

Signature of Veterinary Surgeon............................................................ ........

Address ............................................................ .................................................

Article 2.

SECOND SCHEDULE.

BOVINE TUBERCULOSIS (14-DAY TEST) ORDER, 1958.

MARKET CLEARANCE CERTIFICATE.

I, the undersigned, being an authorised officer for the purposes of the above-mentioned Order, hereby certify that the *........................animal(s) hereinafter specified was/were included in the tuberculin test certificate completed by.................... M.R.C.V.S. .................... on............................. to the effect that all animals tested, passed the test.

* Insert number in writing.

Particulars of the test as shown on the certificate were—

Cattle owned by............................................................ ..................................................

Premises at which test was conducted............................................................ ............

Date and time of (a) injection.................. and (b) reading..........................................

Expiring date(s) of tuberculin(s) -Avian............... Mammalian.................................

PARTICULARS OF ANIMALS.

Ear Tag No.

Colour or Breed

Sex

Dated this         day of          , 19 .

Signed

Authorised Officer.

GIVEN under my Official Seal, this 23rd day of July, 1958.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

The effect of this Order is to regulate the testing, sale and export of cattle that are subject to tuberculin testing within a period of 14 days prior to sale or export.