S.I. No. 65/1961 - Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1961.

S.I. No. 65 of 1961.

BOVINE TUBERCULOSIS (CLEARANCE AREA) (SPECIAL CONTROLS) ORDER, 1961.

ARRANGEMENT OF ARTICLES.

Article.

1. Short title and commencement.

2. Interpretation.

3. Restriction on testing.

4. General restriction on movement into the area.

5. Permits for movement into the area.

6. Movement into and out of approved premises.

7. Movement into and out of herds.

8. Licences for movement into the area or into clear herds in the area.

9. Control of premises for public sales of cattle in the area.

10. Control of public sales of cattle in the area.

11. Documents in relation to cattle at public sales in the area.

12. Inspection of documents.

13. Examination of cattle by authorised officers.

14. Production by authorised officer of appointment.

15. Compliance with conditions of permit, approval or licence.

16. Revocations.

S.I. No. 65 of 1961.

BOVINE TUBERCULOSIS (CLEARANCE AREA) (SPECIAL CONTROLS) ORDER, 1961.

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), as amended by section 5 of the Diseases of Animals Act, 1960 (No. 26 of 1960), order as follows :—

1 Short title and commencement.

1.—(1) This Order may be cited as the Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1961.

(2) This Order shall come into operation on the 1st day of April, 1961.

2 Interpretation.

2. In this Order—

" the area " means such area as consists of the administrative counties of Cavan, Longford, Monaghan and that part of the administrative county of Westmeath lying west of the River Inny ;

" attested " means, in relation to an animal, that it is—

(a) of an attested herd,

(b) from an attested area,

(c) of a herd in Northern Ireland which, under the law of Northern Ireland, is a herd corresponding to an attested herd, or

(d) from an area in Northern Ireland which, under the law of Northern Ireland, is an area corresponding to an attested area ;

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

" clear herd " means a herd of cattle which has had at least two successive clear tests (that is to say, tests with tuberculin at which all animals in the herd were tested and passed the tests) subsequent to the date on which the area in which the herd is situated was declared by order of the Minister to be a clearance area ;

" public sale " means any sale of cattle other than—

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

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

" the Minister " means the Minister for Agriculture.

3 Restriction on testing.

3. Cattle in the area shall not be tested for tuberculosis except with the permission in writing of the Minister.

4 General restriction on movement into the area.

4. Cattle shall not be moved into the area except as provided for by this Order.

5 Permits for movement into the area.

5.—(1) Subject to paragraphs (2), (3) and (4) of this Article, cattle of the following classes may be moved into the area under permit under this Article :

(a) attested cattle,

(b) cattle (other than attested cattle) which are of a clear herd in respect of which identity cards have been issued by the Minister,

(c) cattle which, during the period of 14 days ending immediately before the day of their entry into the area, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960 ( S.I. No. 176 of 1960 ), and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by that Order and have passed the test,

(d) cattle intended for slaughter at premises registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, or licensed under the Slaughter of Cattle and Sheep Acts, 1934 to 1936, within such period as may be specified in the permit,

(e) cattle being moved through the area to destinations outside the area without being unloaded or sold or otherwise disposed of within the area.

(2) Where cattle referred to in subparagraph (a) of paragraph (1) of this Article are being moved into the area under permit under this Article, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are attested and authorising their movement from the place from which they came.

(3) Where cattle referred to in subparagraph (b) of paragraph (1) of this Article are being moved into the area under permit under this Article, the person in charge of the cattle shall, when applying for the permit, surrender to the person issuing the permit the identity cards issued by the Minister.

(4) Where cattle referred to in subparagraph (c) of paragraph (1) of this Article are being moved into the area under permit under this Article, the person in charge of the cattle shall have in his possesion—

(a) where the test was carried out in any attested area—

(i) a tuberculin test certificate (export) or tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(ii) a market clearance certificate in respect of the cattle,

(b) where the test was carried out elsewhere in the State—

(i) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(ii) a market clearance certificate in respect of the cattle,

(c) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.

(5) (a) Each of the following persons may, subject to the cattle concerned being examined by him, issue permits for the purposes of this Article except in the case of cattle referred to in subparagraphs (a) and (b) of paragraph (1) of this Article :

(i) an authorised officer,

(ii) a member of the Garda Síochána,

(iii) an officer of customs and excise,

(iv) a preventive officer at a customs or frontier post.

(b) In the case of cattle referred to in subparagraphs (a) and (b) of paragraph (1) of this Article, permits for the purposes of this Article may be issued by an authorised officer.

6 Movement into and out of approved premises.

6.—(1) Where cattle referred to in subparagraph (c) of paragraph (1) of Article 5 of this Order are moved into the area under permit—

(a) the cattle shall not be moved except into premises within the area approved of by the Minister for that purpose ;

(b) the cattle shall not be moved out of the approved premises, except under permit under this Article issued by an authorised officer ;

(c) if the cattle are on the approved premises after the expiration of the period of validity of the relevant veterinary certificate or market clearance certificate, they shall be retained in isolation on the approved premises until they have been again tested with tuberculin ;

(d) the owner of the cattle shall make (and shall produce to a veterinary inspector or authorised officer, on request) a record with respect to such cattle indicating the tattoo marks and ear tag numbers of the animals and the manner of disposal of the animals.

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

(a) subject to such conditions as the Minister considers appropriate and specifies in the approval, and

(b) in respect of a limited period or without limitation as to period.

(3) This Article shall not apply to cattle moved into the area if they are moved into isolation in a herd which is owned by the person moving them.

7 Movement into and out of herds.

7.—(1) Cattle shall not be moved into a clear herd in the area except as provided for by paragraph (2) of this Article.

(2) Subject to paragraphs (3), (4) and (5) of this Article, cattle of the following classes may be moved into a clear herd in the area :

(a) attested cattle,

(b) cattle from a clear herd in respect of which identity cards have been issued by the Minister,

(c) cattle from any other clear herd, being a herd in the area,

(d) cattle which, during the period of 14 days ending immediately before the day of their entry into the clear herd, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, and have passed the test, or have completed a test in Northern Ireland corresponding to that provided for by that Order and have passed the test.

(3) Where cattle referred to in subparagraph (a) of paragraph (2) of this Article are being moved into a clear herd, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are attested and authorising their movement from the place from which they came.

(4) Where cattle referred to in subparagraph (b) of paragraph (2) of this Article, being cattle from a clear herd in the area, are being moved into a clear herd in the area, the person in charge of the cattle shall have in his possession the identity cards issued by the Minister.

(5) (a) Cattle referred to in subparagraph (c) of paragraph (2) of this Article shall not be moved into a clear herd except under permit under this Article.

(b) Cattle referred to in subparagraph (d) of this Article shall not be moved into a clear herd except under permit under this Article or under Article 5.

(c) Where cattle referred to in subparagraph (d) of paragraph (2) of this Article are being moved into a clear herd, the person in charge of the cattle shall have in his possession—

(i) where the test was carried out in the area or in any attested area—

(I) a tuberculin test certificate (export) or tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(II) a market clearance certificate in respect of the cattle,

(ii) where the test was carried out elsewhere in the State—

(I) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(II) a market clearance certificate in respect of the cattle,

(iii) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.

(6) Where cattle referred to in subparagraph (c) of paragraph (2) of this Article have been moved into a clear herd in the area in respect of which identity cards have been issued or where cattle referred to in subparagraph (d) of that paragraph have been moved into any clear herd in the area—

(a) the cattle shall not, except under permit under this Article, be moved out of the herd unless and until they have been tested with tuberculin as arranged by the Minister and have passed the test, and

(b) so long as the cattle remain in the herd and have not been so tested, they shall be isolated from all other cattle in the herd (except cattle which have been moved into isolation in the herd).

(7) (a) No animal shall be moved out of any herd in the area which is not a clear herd except under permit under this Article.

(b) Where, at any test with tuberculin of any cattle in a clear herd in the area, an animal fails to pass the test—

(i) no animal shall, except under permit under this Article, be moved out of the herd,

(ii) where, by reference to a subsequent test, a veterinary inspector becomes satisfied, and so informs the owner or person in charge of the herd, that the herd is free from tuberculosis, the restriction on movement under this paragraph shall cease.

(8) An authorised officer may, at his discretion, issue permits for the purposes of this Article.

8 Licences for movement into the area or into clear herds in the area.

8.—(1) Notwithstanding any other provision of this Order, cattle may be moved into the area or into a clear herd in the area under licence under this Article.

(2) The Minister may, at his discretion, issue licences for the purposes of this Article.

(3) Where the Minister issues a licence under this Article he may attach to and specify in the licence any conditions (including conditions to be fulfilled after the cattle have been moved into the area or herd) which he considers appropriate.

9 Control of premises for public sales of cattle in the area.

9.—(1) A person shall not expose cattle at a public sale in the area save in premises approved of by the Minister.

(2) The Minister, at his discretion, may grant and revoke approvals 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.

10 Control of public sales of cattle in the area.

10.—(1) A bovine animal shall not be exposed at any public sale in the area of cattle except as provided for in this Article

(2) Subject to Article 11 of this Order, cattle of the following classes only may be exposed at a public sale in the area of cattle :

(a) attested cattle,

(b) cattle from clear herds in the area in respect of which identity cards have been issued by the Minister,

(c) cattle from any other clear herd in the area ;

(d) cattle which, during the period of 14 days ending at the material time, have completed a test pursuant to the Bovine Tuberculosis (14-Day Test) Order, 1960, and have passed the test or have completed a test in Northern Ireland corresponding to that provided for by that Order and have passed the test.

(3) Cattle other than attested cattle shall not be exposed at any public sale in the area of cattle if attested cattle are exposed at that sale.

11 Documents in relation to cattle at public sales in the area.

11.—(1) Where cattle referred to in subparagraph (a) of paragraph (2) of Article 10 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession a permit or licence establishing that the cattle are attested and authorising their movement from the place from which they came.

(2) Where cattle referred to in subparagraph (b) of paragraph (2) of Article 10 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession the identity cards issued by the Minister.

(3) Where cattle referred to in subparagraph (c) of paragraph (2) of Article 10 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession a certificate issued by a veterinary surgeon that they are from a clear herd.

(4) Where cattle referred to in subparagraph (d) of paragraph (2) of Article 10 of this Order are exposed at a public sale in the area of cattle, the person in charge of the cattle shall have in his possession—

(a) where the test was carried out in the area or in any attested area—

(i) a tuberculin test certificate (export) or tuberculin test certificate (domestic) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(ii) a market clearance certificate in respect of the cattle,

(b) where the test was carried out elsewhere in the State—

(i) a tuberculin test certificate (export) issued under the Bovine Tuberculosis (14-Day Test) Order, 1960, or

(ii) a market clearance certificate in respect of the cattle,

(c) where the test was carried out in Northern Ireland, a certificate issued by the veterinary surgeon who carried out the test, certifying that the cattle have passed that test.

12 Inspection of documents.

12. A person having in his possession pursuant to this Order any permit, licence or certificate shall, on demand made by a member of the Garda Síochána or an authorised officer, produce it for inspection by such member or officer.

13 Examination of cattle by authorised officers.

13. An authorised officer may examine any bovine animal exposed at any public sale in the area of cattle or any cattle being moved into the area or into or out of premises approved of under this Order or clear herds in the area and may make any inquiries in relation to the animal or cattle as may be reasonably necessary for the administration of this Order.

14 Production by authorised officer of appointment.

14. Where an authorised officer makes a demand or an examination pursuant to this Order, he shall, if requested, produce his appointment for examination by the person concerned.

15 Compliance with conditions of permit, approval or licence.

15. The conditions specified in any permit, approval or licence issued under this Order shall be complied with.

16 Revocations.

16. The Bovine Tuberculosis (Places and Times for Movement into County Donegal) Order, 1960 ( S.I. No. 185 of 1960 ), the Bovine Tuberculosis (Control of Public Sales of Cattle) (No. 2) Order, 1960 ( S.I. No. 247 of 1960 ), and the Bovine Tuberculosis (Movement Control) (No. 3) Order, 1960 ( S.I. No. 248 of 1960 ), are hereby revoked.

GIVEN under my Official Seal, this twenty-fourth day of March, 1961.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE

This Order prohibits movement of cattle, except under permit, into Cos. Cavan, Longford, Monaghan and the part of Co. Westmeath lying west of the River Inny, specifies the classes of cattle for which such permits shall be granted, regulates movement of cattle into and out of herds, controls public sales of cattle held in the area and prohibits tuberculin testing of cattle, except with the permission of the Minister.