S.I. No. 231/1978 - Warble Fly Order, 1978.


S.I. No. 231 of 1978.

WARBLE FLY ORDER, 1978.

I, JAMES GIBBONS, Minister for Agriculture, in exercise of the powers conferred on me by sections 3 , 13 , 25 and 27 of the Diseases of Animals Act, 1966 (No. 6 of 1966), as adapted by the Agriculture and Fisheries (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 31 of 1977 ), hereby order as follows:

1. (1) This Order may be cited as the Warble Fly Order, 1978.

(2) Articles 5 and 6 of this Order shall come into force on the 16th day of November, 1978.

2. Subject to Articles 5 (2) and 6 (2) hereof, this Order shall at any particular date apply to all bovine animals other than—

( a ) bovine animals born on or after the 15th day of August immediately preceding that date, and

( b ) bovine animals which are imported into the State since the termination of the last previous treatment period and which were not within the State at any time during that treatment period,

and "animal" in the subsequent Articles of this Order shall be construed accordingly.

3. In this Order—

"aerodrome" means any area of land (including water) where facilities are afforded for the landing and departure of aircraft;

"authorised person" has the same meaning as in section 25 of the Diseases of Animals Act, 1966 (No. 6 of 1966);

"certificate of treatment" means—

( a ) a certificate in the form of Form A in the Schedule to this Order issued since the commencement of the last previous treatment period or in the alternative where such is appropriate, issued in the current treatment period, and signed by—

(i) a veterinary surgeon (being a veterinary surgeon to whom an admission in writing to the Warble Fly Eradication Scheme has been issued by the Minister) or any person authorised by him to do so, or

(ii) the veterinary officer in charge of an Artificial Insemination Station, or any person authorised by him to do so, or

(iii) a veterinary inspector of the Minister, or any person authorised by such inspector to do so, or

( b ) any certificate deemed to be a certificate of treatment under Article 5 (3) of this Order;

"diseased" means infested with warble fly infestation (hypoderma bovis or hypoderma lineatum);

"exemption certificate" means a certificate in the form of Form B in the Schedule to this Order and signed by an officer of the Minister, the period of validity of which has not expired;

"land frontier" means the boundary between the State and Northern Ireland;

"the Minister" means the Minister for Agriculture;

"slaughtering premises" means 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;

"treatment period" means the period beginning on the 15th day of August and terminating on the 15th day of November in any year;

"Warble Fly Eradication Scheme" means the scheme for the eradication of the warble fly initiated by the Minister on the 15th day of August, 1978.

4. Any conditions attached to licences granted by the Minister for the purposes of this Order shall be complied with.

5. (1) Subject to paragraph (2) of this Article, a person shall have neither in his possession nor under his charge at any time, except under a licence issued by the Minister, any animal to which this Order applies unaccompanied by a certificate of treatment or an exemption certificate relating to the animal and in case the Minister attaches conditions to the licence a person shall not move, except under a further licence granted by the Minister, the animal to which the first-mentioned licence relates out of the land or premises on which it is at the date of such licence until the conditions have been complied with.

(2) For so long as a treatment period is current in any year paragraph (1) of this Article shall apply only in relation to animals which, on the day on which the period begins, are at least twelve months of age.

(3) For the purposes of this Order any document accompanying an imported animal which certifies that the animal has been treated for warbles under an official warble fly eradication scheme in the country from which it is imported may, at the Minister's discretion, be deemed to be a certificate of treatment.

6. (1) Subject to paragraph (2) of this Article, a person shall have neither in his possession nor under his charge at any time any animal to which this Order applies unless there has been inserted in the left ear of the animal an approved ear-tag and the identification letters or numbers borne on the ear-tag correspond with the identification letters or numbers appearing in the certificate of treatment, exemption certificate or licence, as the case may be, relating to the animal.

(2) For so long as a treatment period is current in any year paragraph (1) of this Article shall apply only in relation to animals which, on the day on which the period begins, are at least twelve months of age.

(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.

7. A person shall not alter, deface or injure any licence granted or certificate issued for the purposes of this Order.

8. An authorised person or an officer of the Minister duly authorised in that behalf by the Minister under section 25 of the Diseases of Animals Act, 1966 , may make such examinations of any cattle as may be reasonably necessary for the administration of this Order.

9. A certificate of treatment or an exemption certificate shall be surrendered—

( a ) in case the animal to which the certificate relates is exported to a destination other than Northern Ireland, to an authorised person or officer of the Minister at the port or aerodrome concerned, and

( b ) in case such animal is moved for slaughter, to an authorised person or officer of the Minister at the slaughtering premises concerned.

10. Where a person mentioned in Article 8 of this Order makes an examination pursuant to this Order, he shall, if requested, produce his authorisation for examination by the person concerned.

SCHEDULE.

FORM A.

An Roinn Talmhaiochta

WARBLE FLY ERADICATION

Animal bearing EAR-TAG NO. ............................................................ ...............................

This is to certify that this animal was treated for warbles on the undermentioned date.

Signature ............................................................ ............. Date ..........................................

FORM B.

An Roinn Talmhaiochta

WARBLE FLY ERADICATION SCHEME, 19.

EXEMPTION CERTIFICATE.

Animal bearing EAR-TAG NO. ............................................................ ............................................................ ..............

This is to certify that this animal is exempted from treatment under the Warble Fly Eradication Scheme, 19.

This certificate is valid until ............................................................ ............................................................ ......... 19 .

Signature ............................................................ ...................................Date............................................................ ........

GIVEN under my Official Seal, this 16th day of August, 1978.

JAMES GIBBONS,

Minister for Agriculture.

EXPLANATORY NOTE.

This Order—

( a ) provides that, from 16th November, 1978 all cattle to which the Order applies must be accompanied by an official certificate of treatment for warbles or an exemption certificate or a licence issued under the Order,

( b ) provides for the restriction of movement of animals not accompanied by the prescribed documents,

( c ) prescribes the form of Certificate of Treatment and Exemption Certificate which must accompany cattle, and

( d ) provides for the examination of cattle and the inspection and surrender of documents.