S.I. No. 102/1959 - Bovine Tuberculosis (Control of Certain Tests) Order, 1959.

S.I. No. 102 of 1959.

BOVINE TUBERCULOSIS (CONTROL OF CERTAIN TESTS) ORDER, 1959.

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), hereby order as follows :

1 Short title and commencement.

1.—(1) This Order may be cited as the Bovine Tuberculosis (Control of Certain Tests) Order, 1959.

(2) This Order shall come into operation on the 22nd day of June, 1959.

2 Definitions.

2. In this Order—

" the Act " means the Diseases of Animals (Bovine Tuberculosis) Act, 1957 (No. 14 of 1957) ;

" the Minister " means the Minister for Agriculture ;

" private test " means a test of a bovine animal for tuberculosis other than a test pursuant to the Act or to any order which, before the commencement of this Order, was made under the Act.

3 Private test.

3. The following provisions shall have effect in relation to a private test :

(a) the test shall be the single comparative intradermal tuberculin test with P.P.D. Weybridge mammalian and avian tuberculins or the single intradermal tuberculin test with P.P.D. Weybridge mammalian tuberculin,

(b) the test shall be carried out by a registered veterinary surgeon,

(c) the test shall not be carried out in circumstances which may affect its accuracy,

(d) the owner of the animal shall inform the veterinary surgeon carrying out the test of the existence of any circumstances of which he may be aware, including the previous use or application of tuberculin or johnin, which may affect the accuracy of the test,

(e) the animal shall be marked at the commencement of the test by means of a tattoo in the right ear,

(f) the veterinary surgeon carrying out the test shall apply the tattoo mark which shall consist of a numeral or numerals indicating the day of the month of the commencement of the test, the identification letter or letters allotted by the Minister to the veterinary surgeon and a numeral or numerals indicating the month of the commencement of the test,

(g) 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,

(h) the veterinary surgeon shall make (and shall produce to a veterinary inspector on request) a record with respect to the animal indicating the name and address of its owner, the date of the test, the premises at which the test was conducted, the description and breed of the animal, the tattoo marks of the animal, its age and sex and the result of the test.

4 Restrictions on certain tests.

4.—(1) Where a bovine animal has given a positive reaction to a comparative test—

(a) a person shall not, unless he is unaware that the animal has given such a reaction to such a test, cause or permit the animal to be tested again with tuberculin, and

(b) a veterinary surgeon shall not, unless he is unaware that the animal has given such a reaction to such a test, again test the animal with tuberculin.

(2) Where a bovine animal has given a positive reaction to mammalian tuberculin (otherwise than in a comparative test which the animal passed)—

(a) a person shall not, unless he is unaware that the animal has given such a reaction, cause or permit the animal to be tested pursuant to the Bovine Tuberculosis (14-Day Test) Orders, 1958 and 1959, and

(b) a veterinary surgeon shall not, unless he is unaware that the animal has given such a reaction, test the animal pursuant to those Orders.

(3) (a) Where a bovine animal has been subjected to a tuberculin test (other than a comparative test to which the animal has given a positive reaction)—

(i) a person shall not, unless he is unaware that the animal has been subjected to such a test, cause or permit the animal to be tested again with tuberculin within the restricted period, and

(ii) a veterinary surgeon shall not, unless he is unaware that the animal has been subjected to such a test, again test the animal with tuberculin within the restricted period.

(b) In this subparagraph " the restricted period " means—

(i) in case the animal gave no reaction or gave an inconclusive reaction to mammalian tuberculin in the test to which it has been subjected—the period of 30 days from that test, and

(ii) in case it gave a positive reaction to mammalian tuberculin in that test—the period of 60 days from that test.

(4) In this Article " comparative test " means the single comparative intradermal tuberculin test with P.P.D. Weybridge mammalian and avian tuberculins.

GIVEN under my Official Seal, this 15th day of June, 1959.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order regulates the testing of cattle for tuberculosis by means of a private test, that is, any test other than one carried out under the Bovine Tuberculosis Eradication Scheme or the Bovine Tuberculosis (14-Day Test) Orders, 1958 and 1959. It requires that cattle privately tested shall be tattoo marked in the right ear at the commencement of the test and prohibits retesting in certain circumstances.