S.I. No. 103/1959 - Bovine Tuberculosis (14-Day Test) (Amendment) Order, 1959.

S.I. No. 103 of 1959.

BOVINE TUBERCULOSIS (14-DAY TEST) (AMENDMENT) 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, collective citation and commencement,

1.—(1) This Order may be cited as the Bovine Tuberculosis (14-Day Test) (Amendment) Order, 1959.

(2) The Principal Order and this Order may be cited together as the Bovine Tuberculosis (14-Day Test) Orders, 1958 and 1959.

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

2 Principal Order.

2. In this Order " the Principal Order " means the Bovine Tuberculosis (14-Day Test) Order, 1958 ( S.I. No. 161 of 1958 ).

3 Amendment of Article 4 of Principal Order.

3. Article 4 of the Principal Order is hereby amended as follows :

(i) the following subparagraphs shall be substituted for subparagraphs (e), (f) and (g) of paragraph (1) :

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

(f) 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,

(g) immediately after the insertion of the ear-tag, a mark shall be applied by means of a tattoo to the right ear of the animal,

(h) the tattoo mark shall consist of a numeral or numerals indicating the day of the month of the commencement of the test, the identification letter or letters of the veterinary surgeon carrying out the test (as stated in his authorisation) and a numeral or numerals indicating the month of the commencement of the test,

(i) the tattoo mark shall, where possible, be applied so as not to overlap any tattoo mark already in the ear,

(j) 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,

(k) the ear-tag shall, immediately on completion of the test, be removed by the veterinary surgeon from the ear of the animal if it gives a positive reaction or an inconclusive reaction to the test."

(ii) the following subparagraphs shall be substituted for subparagraph (3) :

" (3) In this Article ' approved ear-tag ' means an ear-tag which—

(a) is such that when inserted in the ear of the animal, it becomes effectively closed and, if subsequently removed, cannot be used again,

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

(c) is made of rigid, durable material and is clearly legible.

(4) No person shall efface, obliterate, alter or remove any mark applied pursuant to this Article or apply any marking that could be confused with such marking."

4 Amendment of Article 5 (2) of Principal Order.

4. Paragraph (2) of Article 5 of the Principal Order is hereby amended by the deletion of " and " at the end of subparagraph (b) and the insertion after that subparagraph of the following subparagraph :

(bb) the exporter has taken all reasonable precautions to protect it from infection with tuberculosis, and "

5 Restriction on sale.

5. The following Article shall be inserted after Article 5 of the Principal Order :

" 5A. (1) A bovine animal shall not be sold under a controlled designation as defined in paragraph (1) of Article 5 of this Order 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,

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

(2) Nothing in the foregoing paragraph 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."

6 Amendment of Article 7 of Principal Order.

6. Article 7 of the Principal Order is hereby amended by the insertion at the end of the Article of " or, in the case of cattle which have passed a test under the Bovine Tuberculosis Eradication Scheme (that is to say, the scheme for the eradication of bovine tuberculosis which was initiated by the Minister in September, 1954) within a particular period and the Minister has specifically authorised the use of a particular expression in relation to such cattle, by the use of that expression ".

7 Revocation

7. Article 8 of the Principal Order is hereby revoked.

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

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order requires that cattle which are tested pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1958, shall be tattoo-marked in the right ear on the day on which the test is commenced and amends in other respects the provisions of that Order relating to the testing, sale and export of such cattle.