S.I. No. 132/1973 - Brucellosis in Cattle (Movement Control) Order, 1973.

S.I. No. 132 of 1973.

BRUCELLOSIS IN CATTLE (MOVEMENT CONTROL) ORDER, 1973.

I, MARK CLINTON, 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) Order, 1973.

(2) This Order other than Articles 9 and 10 hereof, shall come into operation on the 31st day of May, 1973, and the said Articles 9 and 10 shall come into operation on the 1st day of October, 1973.

2. In this Order—

"animal" means a bovine animal;

"the area" means the area to which under Article 3 (1) the provisions of this Order apply;

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

"brucellosis", except in Article 1, 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 ), and the Brucellosis in Cattle (Disease-Free Area) (Amendment) Order, 1972 ( S.I. No. 120 of 1972 ), 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;

"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;

"passed herd" means a herd in the area 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;

"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;

"reactor" means an animal which by reason of the result of a test or otherwise the Minister has reason to believe is infected with brucellosis;

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

"twice cleared herd" means a herd in the area within the meaning of the Brucellosis in Cattle (Movement Control) (Supplementary Provisions) Order, 1971 ( S.I. No. 176 of 1971 ) as amended by the Brucellosis in Cattle (Movement Control) (Supplementary Provisions) (Amendment) Order, 1972 ( S.I. No. 121 of 1972 ) 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 that Order.

3. (1) The provisions of this Order shall apply to such area as consists of the administrative counties of Clare and Galway, that part of the administrative county of Limerick lying north of the River Shannon and that part of the county borough of Limerick lying north of the River Shannon.

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

4. Cattle shall not be moved into the area 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 area;

(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 twice cleared herd, or

(iii) during the period of 14 days ending immediately before the day of its entry into the area 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 area to a destination outside the area without either being unloaded or sold or otherwise disposed of within the area, or being, while in the area, 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 area, 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 Clause (i) of the said paragraph (1) (b)—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 Clause (ii) of the said paragraph (1) (b)—a permit authorising the movement of the animal from a twice cleared herd;

(c) in case the animal is an animal which satisfies the requirement of Clause (iii) of the said paragraph (1) (b)—a permit authorising the movement of the animal into the area;

(d) in case the animal is an animal which satisfies the requirement of Clause (iv) of the said paragraph (1) (b)—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 Clause (v) of the said paragraph (1) (b)—a permit authorising the movement of the animal to a destination outside the area.

(3) Where an animal in respect of which a permit 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 permit to the person acquiring the animal, or to his agent.

(4) An inspector of the Minister, or an authorised officer may issue 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) Where a permit for the purposes of paragraph (1) (b) (ii) of this Article is applied for, the person who is in charge of the animal to which the permit is to relate shall surrender to the person issuing the permit the brucellosis certified card issued by the Minister in respect of the animal.

6. Animals shall not be moved into a passed herd in the area 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 passed herd in the area, 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 passed 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 passed herd in the area, 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 paragraph (1) (b) of this Article—a permit described in Article 5 (2) (b) of this Order,

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

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

(3) Where an eligible animal mentioned in paragraph (1) (d) of this Article has been moved into a passed herd in the area 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;

(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 passed herd in the area otherwise than from another such herd or from a twice cleared 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) Where there is a reactor in a herd in the area, the following provisions shall apply:

(a) no eligible animal shall, except under permit under this Article, be moved into or out of the herd,

(b) the owner or person in charge of the herd shall surrender to an inspector of the Minister or to an authorised officer any identity cards or brucellosis certified cards issued by the Minister in respect of the eligible animals in the herd,

(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 herd is free from brucellosis, the restriction on movement under this paragraph shall cease,

(d) where the reactor disclosed is an animal mentioned in Article 7 (3) of this Order and has, to the satisfaction of the Minister, been effectively isolated from other animals in the herd, the restriction on movement under this paragraph may at the discretion of the Minister be waived in respect of specified animals in the herd.

(2) Where the result of a test of an animal in a herd in the area is inconclusive and an inspector of the Minister so informs the owner or person in charge of the animal, the following provisions shall apply:

(a) the animal shall not, except under permit under this Article, be moved out of the herd,

(b) such owner or person shall surrender to an inspector of the Minister or to an authorised officer any identity card or brucellosis certified card issued by the Minister in respect of the animal,

(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.

(3) An inspector of the Minister of 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 area except as provided for by this Order.

10. (1) Subject to paragraphs (2), (3), (4) and (5) of this Article, animals may be exposed at a public show or sale of cattle in the area.

(2) (a) Where a certified animal is exposed at a public show or sale of cattle in the area, 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 from a twice cleared herd is exposed at a public show or sale of cattle in the area, the person in change of the cattle shall have in his possession a permit described in Article 5 (2) (b) of this Order.

(c) Where an eligible animal which has come from a passed herd in the area is exposed at a public show or sale of cattle in the area, 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.

(d) 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 area, the person in charge of the animal shall have in his possession a permit described in Article 5 (2) (c) of this Order.

(3) Where animals mentioned in subparagraph (a), subparagraph (b) or subparagraph (c) of paragraph (2) of this Article are exposed at apublic show or sale of cattle in the area, 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) Where animals mentioned in subparagraph (d) of paragraph (2) of this Article are exposed at a public show or sale of cattle in the area, they shall at all times be kept separate from any other animals, and the sale of such eligible animals shall be terminated before the sale of any other animals, other than the animals mentioned in subparagraph (a), subparagraph (b) or subparagraph (c) of paragraph (2) of this Article, commences at the sale.

(5) Eligible animals which are not animals mentioned in paragraph (2) of this Article may be exposed at a public sale of cattle in the area 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 moved into the area or into or out of a herd in the area or into premises at which they are intended to be slaughtered in the area or may be exposed at a public show or sale in the area under and in accordance with a licence granted in that behalf by the Minister.

12. A person having in his possession pursuant to this Order any brucellosis certified card issued by the Minister or any other document mentioned in this Order shall, on demand made by a member of the Garda Síochána, an inspector of the Minister, an officer of Customs and Excise or an authorised officer, produce the brucellosis certified card or document for inspection by such member, inspector or officer.

13. An authorised officer may, in relation to cattle in the area, cattle being moved into the area or into or out of herds in the area or cattle being exposed at any public show or sale of cattle in the area, 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. (1) Where an animal in respect of which a brucellosis certified card has been issued by the Minister is sold or otherwise disposed of within the area, the owner or person in charge shall, at the time of the sale or disposal, give the brucellosis certified card to the person acquiring the animal, or his agent.

(2) Where an animal in respect of which a brucellosis certified card has been issued by the Minister—

(a) dies or is slaughtered within the area, or

(b) is moved into a herd in the area which is neither a Brucellosis (Certified) Herd nor a passed herd, or

(c) is moved out of the area,

the owner or person in charge of the animal shall, before the expiration of the day next following the day of such death, slaughter or movement, either send the card by post to the Secretary, Department of Agriculture and Fisheries, Dublin or send it by post or otherwise deliver the card to the veterinary officer in charge of any District Veterinary Office.

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

GIVEN under my Official Seal, this 21st day of May, 1973.

MARK CLINTON,

Minister for Agriculture and

Fisheries.

EXPLANATORY NOTE

This Order (i) controls the movement including the exposure for public sale of certain clauses of animals within and into counties Clare and Galway and the portion of Limerick county and county borough lying north of the River Shannon, and (ii) requires the production, surrender or transfer in certain circumstances of brucellosis certified cards and other documents relating to cattle.