S.I. No. 251/1979 - Brucellosis in Cattle (General Provisions) Order, 1979.

S.I. No. 251 of 1979.

BRUCELLOSIS IN CATTLE (GENERAL PROVISIONS) ORDER, 1979.

I, JAMES GIBBONS, Minister for Agriculture, in exercise of the powers conferred on me by sections 3 , 12 , 13 and 48 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 make the following Order:

1. ( a ) This Order may be cited as the Brucellosis in Cattle (General Provisions) Order, 1979.

( b ) This Order shall come into operation on the 20th day of August, 1979.

2. In this Order—

"the Act" means the Diseases of Animals Act, 1966 (No. 6 of 1966);

"animal" means a bovine animal;

"anti-abortion vaccine" means any vaccine intended for use in the vaccination of an animal against brucellosis;

"approved vaccination ear-tag" means an ear-tag supplied by the Minister for use in connection with the vaccination of an animal against brucellosis;

"approved killed vaccine" means an anti-abortion vaccine which does not contain any living organism and for which a licence has been granted under section 6 or 9 of the Therapeutic Substances Act, 1932 (No. 25 of 1932);

"approved laboratory" means a laboratory approved of by the Minister for the purposes of this Order;

"the area", except in relation to District Veterinary Office, means the area which consists of the administrative counties of Carlow, Kildare, Kilkenny, Laois, Limerick (other than such part thereof as lies north of the river Shannon), Tipperary North Riding, Tipperary South Riding, Waterford, Wexford and Wicklow and that part of the administrative county of Offaly which is south of the river Brosna;

"authorised officer" means a person appointed by the Minister in writing to be an authorised officer for the purposes of the Orders made under the Act for the purposes of the progressive eradication of brucellosis in cattle;

"brucellosis" means brucellosis in cattle;

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

"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;

"reactor" means an animal which, by reason of the result of a test or otherwise, an inspector appointed by the Minister believes or suspects to be affected with brucellosis;

"sample" means any sample taken for the purpose of a test;

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

3. The owner or person in charge of a herd containing eligible animals in the area shall permit, and make such arrangements as are necessary to enable each such animal in the herd, or, in case a particular such animal or particular such animals in the herd is or are specified in a notice under this paragraph, that animal or each of those animals, as may be appropriate, to be subjected to such tests as the Minister specifies in a notice served on such owner or person and relating to the herd.

4. The following provisions shall have effect with regard to any test, other than a bulk milk ring test, carried out in the area:

( a ) the test shall be in such form as is approved of for the purposes of this Order for the time being by the Minister;

( b ) the owner or person in charge of a herd shall present each eligible animal in the herd for the taking of such samples as are necessary for the test;

( c ) the owner or person in charge of an animal from which a sample is proposed to be or is being taken shall inform the person taking the sample of the existence of any circumstances of which he may be aware, including the previous use or application of anti-abortion vaccine, which may affect the accuracy of the test;

( d ) a person who for the purposes of a test takes a sample shall make (and shall produce to an inspector appointed by the Minister on request) a record with respect to the relevant animal comprising the following particulars, namely, the name and address of the owner, the herd number, the premises at which the sample was taken, the description and sex of the animal and such other related particulars as an inspector appointed by the Minister may require;

( e ) a person who takes a sample shall forthwith send the sample to an approved laboratory together with a copy of the relevant record prepared in pursuance of subparagraph (d) of this paragraph;

( f ) if an animal from which a sample is being taken by a veterinary surgeon or an authorised officer does not already bear an ear-tag other than an approved vaccination ear-tag—

(i) the veterinary surgeon or authorised officer taking the sample shall, at the commencement of the test, insert in the left ear of the animal an ear-tag;

(ii) the ear-tag shall bear the identification letter appropriate to the county in which the test is carried out and a serial number, and

(iii) the owner or person in charge of the animal shall permit the insertion of the ear-tag;

( g ) after the taking of a sample a test shall be completed only at an approved laboratory.

5. (1) No person shall administer to an animal any substance for the purpose of affecting the accuracy of any test of the animal.

(2) It shall be the duty of the owner or person in charge of an animal to take such reasonable steps as are requisite to ensure that paragraph (1) of this Article is not contravened in relation to the animal.

6. (1) An eligible animal in the area shall not be exposed at a public show or sale of cattle or be moved into or out of a herd, otherwise than direct to a premises at which it is to be slaughtered, unless—

( a ) the person in charge of the animal has in his possession a cattle identity card and permit issued by the Minister and relating to the animal, and

( b ) the animal has passed a test, and

( c ) the date of the test, as specified in such permit, is a day not more than thirty days prior to the day on which the animal is so exposed or moved.

(2) Where an eligible animal is exposed at a public show or sale of cattle or is being moved into or out of land in the area, a veterinary surgeon or authorised officer may require the person in charge of the animal to produce for inspection the cattle identity card together with the relevant permit issued by the Minister as regards the animal, and in case a requirement is made under this paragraph, the person of whom it is made shall forthwith comply with the requirement.

7. (1) Where as a result of a test or otherwise—

( a ) the owner or person in charge of all animal in a herd in the area believes or suspects that the animal is affected with brucellosis, or

( b ) a veterinary surgeon believes or suspects that an animal in such a herd is so affected,

such owner, person or surgeon shall forthwith notify in writing either the Secretary, Department of Agriculture, Dublin 2, or the District Veterinary Office for the area in which the animal happens to be, of his belief or suspicion.

(2) Where an inspector appointed by the Minister or an authorised officer believes or suspects that an animal in a herd in the area is affected with brucellosis, he shall forthwith inform the owner or person in charge of the herd of his belief or suspicion and such owner or person shall thereupon surrender to such inspector or authorised officer any identity cards issued by the Minister in respect of the eligible animals in the herd.

8. (1) Where, as a result of a test of any animal in the area, or otherwise, the presence of a reactor in a herd in the area is confirmed, the following provisions shall apply;

( a ) a mark consisting of a diamond shaped hole of approximately 1.5 centimetres ( if an inch) on each side and punched in the left ear may be applied to the reactor but such mark shall be so applied only by an inspector appointed by the Minister or other veterinary surgeon, or by an officer of the Minister authorised under section 25 of the Act to apply such marks and the owner or person in charge of the reactor shall permit the mark to be so applied to the reactor,

( b ) the reactor shall not be moved out of the herd except in accordance with this Article,

( c ) subject to paragraph (2) of this Article, the owner or person in charge of the reactor shall immediately take all practical steps to secure the isolation of the animal,

( d ) an animal which is either a female aged six weeks or more or a bull aged nine months or more shall not be moved into or out of the herd except under permit under this Article,

( e ) all female eligible animals in the herd, other than reactors, shall, as soon as may be, be vaccinated against brucellosis with an approved killed vaccine.

(2) An animal described in paragraph (1) of this Article may under and in accordance with a permit under this Article he moved out of the herd concerned direct to premises to which this Article applies for slaughter.

(3) This Article applies to premises which are for the time being either registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, or licensed under the Slaughter of Cattle and Sheep Acts, 1934 to 1936.

(4) An inspector may, by a notice in writing in the form set out in the First Schedule to this Order addressed to the owner of a reactor and served on such owner or on the person in charge of the reactor, require the reactor to be disposed of in the manner specified in the notice within the period (being a period of not less than three days) specified in the notice.

(5) Where a restriction on movement under this Article is for the time being in force and, by reference to subsequent testing, an inspector appointed by the Minister is satisfied, and so informs the owner or person in charge of the herd concerned, that the herd to which the restriction relates is free from brucellosis, the said restriction shall thereupon cease to have effect.

(6) An inspector appointed by the Minister or an authorised officer may issue permits for the purpose of this Article.

9. (1) No person, other than a veterinary surgeon, shall vaccinate any animal in a herd in the area with anti-abortion vaccine.

(2) Subject to paragraphs (3) and (4) of this Article, a veterinary surgeon shall not vaccinate an animal in a herd in the area with an approved killed vaccine except with the permission in writing of the Minister.

(3) ( a ) The Minister may in relation to a particular period of time, any particular area or herd give in writing a general permission for the purposes of paragraph (2) of this Article.

( b ) A permission under this paragraph may be withdrawn by the Minister at any time.

(4) ( a ) The Minister may in giving permission under this Article attach to and specify in the permission such conditions (if any) as he shall think fit and may at any time withdraw or modify any such conditions.

( b ) A condition attached to any permission given under this Article and which is for the time being in force shall be complied with.

10. Where a vaccination of an animal with an approved killed vaccine has been completed and the animal does not already bear an approved vaccination ear-tag, the veterinary surgeon by whom the vaccination was carried out shall forthwith insert an approved vaccination ear-tag in the left ear of the animal, and the owner or person in charge of the animal shall permit the insertion of the ear-tag.

11. No person shall alter or remove any ear-tag inserted pursuant to Article 4 or 10 of this Order or insert in or attach to any animal any ear-tag that could be confused with either such ear-tags.

12. Where an animal aborts in the area, the owner or person in charge of the animal shall immediately isolate the animal together with any infective material and shall notify the District Veterinary Office for the area in which the animal happens to be with all practicable speed of the abortion. Thereafter the animal and infective material shall be maintained in isolation by the owner or person in charge of the herd concerned pending investigation by the Minister.

13. (1) An inspector appointed by the Minister or an authorised officer may by a notice in writing, served on the occupier of any land or premises in the area on which a reactor has been disclosed or evidence of brucellosis has been found in a carcase, direct the manner in which the relevant infective material shall be disposed of. The inspector or authorised officer may also by such notice require such occupier to cleanse and disinfect specified parts of such land or premises within a specified period and in accordance with the provisions set out in the Second Schedule to this Order. Such inspector or officer may also by such notice require the disinfection by such occupier, in a manner specified in the notice, of any vehicle which he has reason to believe was used in the transportation of a reactor and specifies in the notice. In case a notice is served under this Article, the person on whom it is served shall forthwith comply with the requirements of the notice.

(2) A copy of the provisions set out in the Second Schedule to this Order shall be printed on a notice under this Article.

(3) In case there is a failure to comply with the requirements of a notice under this Article, the Minister may cause the requirements to be carried out on his behalf and the persons carrying out the requirements on behalf of the Minister are hereby authorised to enter on the relevant land or premises at any reasonable time for the purpose of carrying out the requirements.

(4) The cost of carrying out on behalf of the Minister pursuant to paragraph (3) of this Article the requirements of a notice under this Article may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

(5) In this Article "land" includes any pond, stream or water-course on or adjacent to land.

14. (1) An inspector appointed by the Minister or an authorised officer may, by a notice in writing served on the occupier of any land or premises in the area, require such occupier to confine any animal specified in the notice, being an animal affected or suspected of being affected, or capable or suspected of being capable of infecting other animals, with brucellosis, to the land or premises or any part thereof specified in the notice or to comply with such other restriction on movement of the animal as may be specified in the notice.

(2) Any occupier on whom a notice under this Article is served shall comply with the requirements of the notice.

15. (1) An inspector appointed by the Minister may by a notice served on the occupier of any land or premises in the area on or in which there is or has been a herd require such occupier, within such period (not being a period of less than thirty days) as is specified in the notice, to do such acts or take such steps to or in relation to the land or premises, being acts or steps which the inspector believes are necessary for the prevention of the possible spreading of brucellosis and which are specified.

(2) Without prejudice to the generality of paragraph (1) of this Article, an inspector appointed by the Minister or an authorised officer may by a notice served on the occupier of any land or premises in the area on or in which there is or has been a herd, require such occupier to carry out repairs or reconstruction to or of any byre or boundary fence on the land or premises and specified in the notice, within a period (being a period of not less than thirty days) so specified.

(3) Any occupier on whom a notice under this Article is served shall comply with the requirements of the notice.

16. (1) The owner of any herd in the area shall keep records showing—

( a ) the animals in the herd and their ear-tag number and their sex and type,

( b ) the births and deaths of animals in the herd together with the dates thereof, and

( c ) cattle comprised in any movement into or out of the herd and, as respects any such movement, the date thereof, the address of the land or premises to or from which the movement took place, the name of any vendor or purchaser and, as respects each animal moved out of the herd, whether or not it was so moved for slaughter,

( d ) the date on which any animal in the herd was vaccinated with anti-abortion vaccine,

( e ) the date on which any animal in the herd aborted.

(2) Records kept under this Article shall, on demand by an inspector appointed by the Minister, or by an authorised officer or by the veterinary surgeon taking a sample from an animal in the herd pursuant to Article 4 of this Order, be produced for inspection by the owner or person in charge for the time being of the herd to which the records relate.

17. An ear-tag used in pursuance of the requirements of this Order shall be—

( a ) of a pattern approved of by the Minister,

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

( c ) 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,

( d ) made of rigid, durable material, and

( e ) clearly legible.

18. Where an inspector appointed by the Minister, an authorised officer or an officer of the Minister does anything in pursuance of this Order, he shall, if requested, produce his appointment or authorisation for examination by the person concerned.

19. (1) Where a person on whom a notice under this Order is served omits to carry out the requirements of the notice, the omission is hereby declared to be an offence under the Act.

(2) Where a requirement is made of a person under Article 6 of this Order and the person fails to comply with the requirement, the failure is hereby declared to be an offence under the Act.

20. The Brucellosis in Cattle (Notification and Movement Control) Order, 1978 ( S.I. No. 253 of 1978 ), is hereby revoked.

FIRST SCHEDULE

BRUCELLOSIS IN CATTLE

(GENERAL PROVISIONS) ORDER, 1979

NOTICE TO OWNER OF REACTOR

I, the undersigned, being an Inspector appointed by the Minister, hereby give you notice as the owner that the undermentioned animal/animals* has/have* reacted to a test for brucella infection and that—

( a ) I require you to cause the said animal/ animals* to be slaughtered or removed from your premises under permit under the above Order† for slaughter,

( b ) such slaughter or removal must be effected within the period of ..................... days beginning on the date of this notice. Dated this .........................day of ................................ 19 .........

*Strike out whichever is inappropriate.

† The necessary permit may be obtained on application to the District Veterinary Office for the area in which the reactor happens to be.

Signed ..........................................................

Inspector of the Minister

Particulars of animal or animals

SECOND SCHEDULE

PROVISIONS RELATING TO CLEANSING AND DISINFECTION

1. Such parts of the premises as are to be cleansed and disinfected shall, before removal of the manure, be sprayed or saturated with an approved disinfectant.

2. The manure shall then be removed from the said parts and stocked in a place remote from cattle, goats and swine and shall not subsequently be spread on pasture land.

3. After the removal of the manure, the said parts shall be thoroughly scraped, the scraping shall be removed and stocked in a place remote from cattle, goats and swine and the said parts shall be scrubbed and washed thoroughly with a 4 per cent. solution of washing soda in hot water and finally be sprayed with an approved disinfectant.

4. All vehicles, utensils or other articles used for or about any reactors shall be thoroughly cleansed and washed with a 4 per cent. solution of washing soda in hot water.

5. In case an abortion has occurred on pasture all cattle shall be removed forthwith from the field in which the abortion occurred and the foetus and foetal membranes shall be disposed of in such manner as an inspector appointed by, or an officer of the Minister shall direct. Thereafter the site of the abortion shall be sprayed with an approved disinfectant and as soon as possible after the site has been so sprayed not less than two bales of straw shall be burned on it. The field in which the abortion occurred shall be kept free of cattle—

( a ) in case the abortion occurs during the months of December, January, February, or March in any year — during the period ending two months after the date of the abortion.

( b ) in case the abortion occurs during any other month — during the period ending one month after the abortion.

6. The footwear worn by, and the hands of, persons who have carried out the cleansing and disinfection required by a notice under Article 13 of this Order shall be washed in an approved disinfectant.

7. In this Schedule for the purposes of this Order "approved disinfectant" means a disinfectant approved of by the Minister under the Act.

GIVEN under my Official Seal, this 25th day of July, 1979.

JAMES GIBBONS

Minister for Agriculture

EXPLANATORY NOTE

This Order in relation to the counties to which it applies (1) requires the testing for brucellosis of all eligible animals in any herd (2) prohibits the vaccination of cattle against brucellosis except with the permission of the Minister (3) prescribes the procedure for the testing of cattle for brucellosis and for action consequent on the detection of the disease in any animal (4) controls the movement of certain classes of cattle into and out of herds in the counties to which this Order applies.