S.I. No. 176/1971 - Brucellosis in Cattle (Movement Control) (Supplementary Provisions) Order, 1971.

S.I. No. 176 of 1971.

BRUCELLOSIS IN CATTLE (MOVEMENT CONTROL) (SUPPLEMENTARY PROVISIONS) ORDER, 1971.

I, JAMES GIBBONS, Minister for Agriculture and Fisheries, it appearing to me to be necessary for the purpose of the progressive eradication of brucellosis in cattle, do hereby, in exercise of the powers conferred on me by sections 3 and 20 of the Diseases of Animals Act, 1966 (No. 6 of 1966), order as follows:

1. (1) This Order may be cited as the Brucellosis in Cattle (Movement Control) (Supplementary Provisions) Order, 1971.

(2) This Order shall come into operation on the 8th day of June 1971.

2. (1) In this Order–

"animal" means a bovine animal;

"authorised officer" means an officer of the Minister appointed by the Minister in writing to be an authorised officer for the purposes of the Orders made under the Diseases of Animals Act, 1966 (No. 6 of 1966), for the purpose of the progressive eradication of brucellosis; "brucellosis" means brucellosis in cattle;

"Brucellosis (Certified) Herd" means a herd which is for the time being entered in the register of brucellosis (certified) herds kept by the Minister;

"certified herd" means a herd which is in the area within the meaning of the Brucellosis in Cattle (Disease-Free Area) Order, 1968 ( S.I. No. 112 of 1968 ), as amended by the Brucellosis in Cattle (Disease-Free Area) (Amendment) Order, 1970 ( S.I. No. 29 of 1970 ), in respect of which brucellosis certified cards have been issued by the Minister, and in relation to which there is not for the time being in force a restriction on movement under Article 7 of that Order;

"certified animal" means an eligible animal from a Brucellosis (Certified) Herd, a herd in Northern Ireland which is a herd corresponding to a Brucellosis (Certified) Herd, or a certified herd;

"clear herd" means a herd in the area within the meaning of the Brucellosis in Cattle (Movement Control) Order, 1970 ( S.I. No. 135 of 1970 ), as amended by the Orders mentioned in paragraph (2) of this Article in respect of which brucellosis certified cards have been issued by the Minister and in relation to which there is not for the time being in force a restriction on movement under Article 8 of this Order;

"the county" has the meaning assigned to it by Article 3 (1) of this Order;

"District Veterinary Office" means a district veterinary office of the Department of Agriculture and Fisheries;

"eligible animal" means any female animal aged twelve months or over or any male animal aged nine months or over except a castrate;

"herd" includes a herd consisting of one animal only;

"the Minister" means the Minister for Agriculture and Fisheries; "public sale" means any sale of cattle other than–

(a) a sale by a person of his own cattle on his own land, or

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

"test" means a test for brucellosis and includes the taking of a sample;

"twice cleared herd" means a herd in the county which has passed at least two consecutive tests for brucellosis and in respect of which brucellosis certified cards have been issued by the Minister, and in relation to which there is not for the time being in force a restriction on movement under Article 8 of the Brucellosis in Cattle (Movement Control) Order, 1970.

(2) The Orders referred to in the definition of "clear herd" in paragraph (1) of this Article are the Brucellosis in Cattle (Movement Control) (Amendment) Order 1970 ( S.I. No. 199 of 1970 ), the Brucellosis in Cattle (Movement Control) (Amendment) (No. 2) Order, 1970 ( S.I. No. 248 of 1970 ), the Brucellosis in Cattle (Movement Control) (Amendment) Order, 1971 ( S.I. No. 10 of 1971 ), and the Brucellosis in Cattle (Movement Control) (Amendment) (No. 2) Order, 1971 ( S.I. No. 65 of 1971 ).

3. (1) The provisions of this Order shall apply to such area as consists of the administrative County of Mayo, which area is in this Order referred to as the county.

(2) A holding situate partly within the county shall, for the purposes of this Order, be deemed to be wholly within the county.

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

5. (1) Subject to paragraph (2) of this Article, animals of the following classes may be moved into the county:

(a) any animal which is not an eligible animal,

(b) an eligible animal which–

(i) is a certified animal, or

(ii) has come from a clear herd, or

(iii) during the period of 14 days ending immediately before the day of its entry into the county has undergone a test and has passed the test, or

(iv) is being moved direct to 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, and is intended for slaughter, or

(v) is being moved through the county to a destination outside the county without either being unloaded or sold or otherwise disposed of within the county, or being, while in 'the county, in contact with any animal other than an animal being so moved.

(2) Where an animal referred to in paragraph (1) (b) of this Article is being moved into the county, the person in charge of the animal shall have in his possession–

(a) in case the animal is an animal which satisfies the requirement of paragraph (1) (b) (i) of this Article—a permit authorising the movement of the animal from a Brucellosis (Certified) Herd or from a certified herd, as may be appropriate, or a permit issued by the Ministry of Agriculture in Northern Ireland authorising the movement of the animal from a herd in Northern Ireland which is a herd corresponding to a Brucellosis (Certified) Herd;

(b) in case the animal is an animal which satisfies the requirement of paragraph (1) (b) (ii) of this Article—the brucellosis certified card issued by the Minister in respect of the animal;

(c) in case the animal is an animal which satisfies the requirement of paragraph (1) (b) (iii) of this Article—a certificate signed by an inspector of the Minister or an authorised officer or issued by the Ministry of Agriculture in Northern Ireland to the effect that, within the preceding 14 days, the animal has passed a test;

(d) in case the animal is an animal which satisfies the requirement of paragraph (1) (b) (iv) of this Article—a permit authorising the movement of the animal and specifying the premises within which and the period within which the animal is intended to be slaughtered, and

(e) in case the animal is an animal which satisfies the requirement of paragraph (1) (b) (v) of this Article—a permit authorising the movement of the animal to a destination outside the county.

(3) Where an animal in respect of which a certificate or permit or brucellosis certified card mentioned in this Article has been signed or issued is sold or otherwise disposed of, the owner or person in charge of the animal shall, at the time of the sale or disposal, give the certificate or permit or brucellosis certified card to the person acquiring the animal, or to his agent.

(4) An inspector of the Minister, or an authorised officer, may issue certificates and permits for the purpose of this Article.

(5) An officer of Customs and Excise may issue permits for the purposes of paragraph (2) (e) of this Article.

6. Animals shall not be moved into a twice cleared herd in the county except as provided for by this Order.

7. (1) Subject to paragraphs (2) and (3) of this Article, the following eligible animals may be moved into a twice cleared herd in the county, namely:

(a) a certified animal,

(b) an eligible animal which has come from a twice cleared herd,

(c) an eligible animal which has come from a clear herd,

(d) an eligible animal which during the period of 14 days immediately before the day of its entry into the herd has undergone a test and has passed the test.

(2) Where an eligible animal is being moved into a twice cleared herd in the county, the person in charge of the animal shall have in his possession–

(a) in case the animal is an animal mentioned in paragraph (1) (a) of this Article—a permit described in Article 5 (2) (a) of this Order,

(b) in case the animal is an animal mentioned in subparagraph (b) or (c) of paragraph (1) of this Article—the brucellosis certified card issued by the Minister in respect of the animal,

(c) in case the animal is an animal mentioned in paragraph (1) (d) of this Article—a certificate described in Article 5 (2) (c) of this Order.

(3) Where an eligible animal mentioned in subparagraph (c) or (d) of paragraph (1) of this Article has been moved into a twice cleared herd in the county the following provisions shall apply:

(a) the owner or person in charge of the animal shall, before the expiration of the day next following the day of such movement, notify the District Veterinary Office for his area in writing of the movement, and in case the animal has come from a clear herd, send to such office, with the notification, the brucellosis certified card issued by the Minister in respect of the animal,

(b) so long as the animal remains in the herd it shall be isolated from all other animals in the herd (except animals which are being isolated in accordance with this paragraph),

(c) where by reference to subsequent testing, an inspector of the Minister is satisfied and so informs the owner or person in charge of the herd that the animal is free from brucellosis, the restriction on movement under this paragraph shall cease.

(4) Where an animal which is not an eligible animal is moved into a twice cleared herd in the county otherwise than from another such herd or from a certified herd it shall, for the period of six weeks from the date of such movement, be isolated from all other animals in the herd (other than animals which are being isolated in accordance with this paragraph).

8. (1) (a) An eligible animal shall not, except under permit under this Article, be moved into or out of a herd in the county which is not a clear herd.

(b) Where by reference to subsequent testing the Minister is satisfied and so informs the owner or person in charge of the herd that the herd is free from brucellosis the restriction on movement under this paragraph shall cease.

(2) An inspector of the Minister, or an authorised officer, may issue permits for the purpose of this Article.

9. Animals shall not be exposed at a public show or sale of cattle in the county except as provided for by this Order.

10. (1) Subject to paragraphs (2), (3) and (4) of this Article, animals may be exposed at a public show or sale of cattle in the county.

(2) (a) Where a certified animal is exposed at a public show or sale of cattle in the county, the person in charge of the cattle shall have in his possession a permit described in Article 5 (2) (a) of this Order.

(b) Where an eligible animal which has come either from a twice cleared herd in the county or from a clear herd is exposed at a public show or sale of cattle in the county, the person in charge of the cattle shall have in his possession the brucellosis certified card issued by the Minister in respect of the animal.

(c) Where an eligible animal which during the preceding 14 days has undergone a test and has passed the test is exposed at a public show or sale of cattle in the county, the person in charge of the animal shall have in his possession a certificate described in Article 5 (2) (c) of this Order.

(3) Where animals mentioned in paragraph (2) of this Article are exposed at a public show or sale of cattle in the county, they shall at all times be kept separate from any other animals, they shall lead any parade regardless of category and the sale of such eligible animals shall be terminated before the sale of any other animals commences at the sale.

(4) Eligible animals which are not animals mentioned in paragraph (2) of this Article may be exposed at a public sale of cattle in the county only under and in accordance with a licence granted in that behalf by the Minister.

11. Notwithstanding any other provision of this Order, cattle may be exposed at a public show or sale in the county under and in accordance with a licence granted in that behalf by the Minister.

12. (1) In addition to the requirements of Article 5 of the Brucellosis in Cattle (Clearance Area) (General Provisions) Order, 1966 ( S.I. No. 120 of 1966 ), the following provisions shall have effect in relation to any test carried out in the county by or on behalf of the Minister:

(a) at the commencement of the test, the owner or person in charge of the animal or animals proposed to be tested shall surrender to the person taking the samples all the brucellosis certified cards issued by the Minister in respect of the eligible animals in the herd together with any other identity card so issued which both relates to such an animal and is of a class specified in a direction under paragraph (2) of this Article,

(b) where the person who took the sample has been notified by an inspector of the Minister or by a District Veterinary Office that the animal concerned has given a positive reaction to the test, that person shall forward to the District Veterinary Office for the area in which the sample was taken all the brucellosis certified cards and other identity cards surrendered to him in accordance with paragraph (a) of this Article,

(c) where the person who took the sample has been notified by an inspector of the Minister or by a District Veterinary Office that none of the animals tested has given a positive or inconclusive reaction to the test, that person shall–

(i) endorse each of the brucellosis certified cards surrendered to him in accordance with the said paragraph (a) with an indication that the animal concerned has passed the test, and

(ii) return such brucellosis certified cards, when duly endorsed, and any other identity cards so surrendered, to either the owner or the person in charge of the herd,

(d) where the person who took the samples has been notified by an inspector of the Minister or by a District Veterinary Office that none of the animals tested has given a positive reaction but that the result of the test of an animal or animals has been inconclusive, the person who took the samples shall—

(i) forward to the said District Veterinary Office the brucellosis certified card of each animal as respects which the result was inconclusive, together with an other identity card of such an animal which has been surrendered to him in accordance with the said paragraph (a), and

(ii) endorse each of the remaining brucellosis certified cards so surrendered to him with the indication that the animal concerned has passed the test and return these brucellosis certified cards, when duly endorsed, together with any other remaining identity cards to either the owner or the person in charge of the herd.

(2) The Minister may, if he thinks fit, from time to time direct that identity cards which are issued by him in respect of animals and are cards of a class specified in the direction shall, in case animals to which they relate are proposed to be tested, be surrendered at the commencement of the test to the person taking the samples.

13. An authorised officer may, in relation to cattle in the county, cattle being moved into the county or into or out of herds in the county or cattle being exposed at any public show or sale of cattle in the county, make such inquiries as may be reasonably necessary for the administration of this Order.

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

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

16. Article 5 of the Brucellosis in Cattle (Movement Control) Order, 1970, shall cease to apply in relation to the county and Article 3 of that Order shall be construed and have effect accordingly.

GIVEN under my Official Seal, this 28th day of May, 1971.

JAMES GIBBONS,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

This Order (1) controls the movement of certain classes of animals into and within Co. Mayo, including the exposure of animals for public sale and (2) provides for the production, surrender and transfer in certain circumstances of brucellosis certified cards and other documents relating to cattle.