S.I. No. 286/1980 - Brucellosis in Cattle (General Provisions) Order, 1980.

S.I. No. 286 of 1980.

BRUCELLOSIS IN CATTLE (GENERAL PROVISIONS) ORDER, 1980.

I, Ray MacSharry, Minister for Agriculture, it appearing to me to be necessary for the progressive eradication of brucellosis in cattle, in exercise of the powers conferred on me by sections 3 , 12 , 13 , 19 , 20 , 27 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 order as follows:

1. (1) This Order may be cited as the Brucellosis in Cattle (General Provisions) Order, 1980

(2) This Order shall come into operation on the 1st day of October, 1980

2. In this Order—

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

"animal", except in Article 15 (1), means a bovine animal;

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

"approved ear-tag" means an ear-tag which is of a pattern approved of by the Minister and which complies with the other requirements of Article 19 of this Order;

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

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

"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 in the Free Area in respect of which brucellosis certified cards have been issued by the Minister and which is not for the time being on a restricted holding;

"clearance area" means the area declared to be a clearance area under Article 3 (a) of this Order;

"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 twelve months or over except a castrate;

"free area" means the area declared to be a free area under Article 3 (b) of this Order;

"herd" means the animals which are for the time being on a particular holding and in case only one animal is for the time being on a particular holding, the animal shall for the purposes of this Order be regarded as being a herd;

"herdowner" means the owner of a herd to which a herd number is for the time being allocated by the Department of Agriculture;

"holding" means all the land used by a herdowner, whether solely or jointly with any other person or persons, for farming purposes;

"identity card" means an identity card issued by the Minister in respect of an animal;

"the Minister" means the Minister for Agriculture;

"Officially Brucellosis Free Herd" means a herd which is for the time being entered in the Register of officially Brucellosis Free Herds kept by the Minister;

"reactor" means an animal which by reason of the result of a test or otherwise a veterinary inspector believes to be, or suspects of being, affected with brucellosis or capable of affecting other animals with brucellosis;

"restricted holding" means a holding as respects which there is for the time being in force a declaration made under Article 7 of this Order;

"sample" means a sample taken from an animal in the course of a test and comprised of one or more of the following:

( a ) in the case of a male animal—blood or semen

( b ) in the case of a female animal—blood, milk, vaginal mucus, foetus or placenta;

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

"Veterinary Inspector" means a registered veterinary surgeon who is employed wholetime by the Minister.

3. It appearing to the Minister to be necessary for the eradication of brucellosis,

( a ) the area described in Part I of the First Schedule to this Order is hereby declared to be a clearance area in which brucellosis is to be eradicated, and

( b ) the area described in Part II of the First Schedule to this Order, being an area as respects which the Minister is satisfied that brucellosis is virtually non-existent therein, is hereby declared to be a disease-free area.

4. (1) A person shall not vaccinate an animal with anti-abortion vaccine except with the permission in writing of the Minister.

(2) The Minister may in giving a permission under this Article attach to the permission any condition including a condition that a particular type of vaccine shall be used in the vaccination and that the animal shall be marked by means of an ear-tag or otherwise.

5. (1) A test shall comprise the taking of a sample and the subsequent examination of the sample at, and only at, an approved laboratory.

(2) In addition to those specified in paragraph (1) of this Article, the following provisions shall have effect with regard to a test:

( a ) the taking of a sample shall be carried out by a registered veterinary surgeon or by an officer of the Minister authorised under section 25 (3) of the Act to take a sample;

( b ) where a registered veterinary surgeon or an officer of the Minister authorised under section 25 (3) of the Act to take a sample enters on any land with the intention of thereon taking samples, he may if he so thinks fit, require the owner or person in charge of the land to make a declaration in writing in the form specified in the Second Schedule to this Order;

( 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 takes a sample shall make (and shall produce to a Veterinary Inspector on request) a record with respect to the animal from which the sample is taken and such record shall comprise the following particulars, namely, the name and address of the owner of the animal, the herd number, the premises at which and the date on which the sample was taken, a description of and the sex of the relevant animal, the relevant ear-tag number and such other particulars as the Minister may require;

( e ) a person who takes a sample shall forthwith send the sample to an approved laboratory together with the particulars mentioned in subparagraph (d) of this paragraph;

( f ) if an animal from which a sample is being taken does not already bear an approved ear-tag, the following provisions shall apply:

(i) the person taking the sample shall, at the commencement of the test, insert in the left ear of the animal an approved ear-tag;

(ii) the approved 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.

(3) Subject to paragraph (4) of this Article, the following provisions (in addition to those specified in paragraphs (1) and (2) of this Article) shall have effect in relation to any test carried out by or on behalf of the Minister;

( a ) the owner or person in charge of the herd shall present all eligible animals (other than any reactors from previous tests) in the herd for the taking of such samples as may be necessary to test all such animals in the herd;

( b ) 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 identity cards issued by the Minister in respect of any eligible animals and female animals aged less than twelve months;

( c ) where the person who takes such samples is notified by a District Veterinary Office that any animal concerned has given a positive reaction to the test, that person shall forward to the District Veterinary Office in the area in which the sample was taken, all the identity cards (if any) surrendered to him in accordance with subparagraph (b) of this paragraph;

( d ) where the person who takes such samples has been notified by a District Veterinary Office that none of the animals tested has given a positive or inconclusive reaction to the test, that person shall endorse each of the cards (if any) for eligible animals surrendered to him in accordance with subparagraph (b) of this paragraph with an indication that the animal concerned has passed the test and shall return such cards, when duly endorsed, and any other cards so surrendered to either the owner or the person in charge of the herd;

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

(i) forward to the District Veterinary Office the card of each animal as respects which the result was inconclusive, and

(ii) endorse each of the remaining cards for eligible animals (if any) surrendered to him in accordance with subparagraph (b) of this paragraph with an indication that the animal concerned has passed the test and return those cards, when duly endorsed, and any other cards so surrendered to either the owner or the person in charge of the herd;

( f ) where samples have been taken from all the eligible animals in a herd, no female animal of any age shall be moved out of the herd or off the land on which the samples were taken, except under permit under this Article, until the tests have been completed and either the owner or the person in charge of the animals has been informed of the results of the tests.

(4) Notwithstanding paragraph (3) (a) of this Article, the Minister may authorise in writing the testing of specific animals only in a herd.

(5) Where, pursuant to an authorisation under paragraph (4) of this Article, a sample has been taken from an animal in a herd, the animal shall not be moved out of the herd or off the land on which the sample was taken, except under permit under this Article, until the test has been completed and either the owner or the person in charge of the animal has been informed of the result of the test.

6. (1) No person shall administer to an animal any substance, or in any way interfere with a sample, for the purpose of affecting the accuracy of any test of the animal.

(2) The person in charge, whether as owner or otherwise, of an animal is hereby required to take such care of the animal as will ensure that paragraph (1) of this Article is not contravened in relation to the animal.

7. (1) Where by reason of a test or otherwise a Veterinary Inspector is satisfied or has reasonable grounds for suspecting that an animal on a holding is a reactor or that as respects any animal on a holding any provision of the Act or of this Order has not been complied with, he shall declare the holding to be a restricted holding and shall give or send, or cause to be given or sent, to the owner, or person in charge of the animal or the occupier of the holding a notice in the form set out in Part I of the Third Schedule to this Order.

(2) A person who is notified in accordance with paragraph (1) of this Article that the holding has been declared a restricted holding, shall, if he has not already pursuant to Article 5 (3) (b) of this Order surrendered the identity card issued by the Minister in respect of any eligible animal or female animal aged less than twelve months on the holding, deliver forthwith to a Veterinary Inspector or to an authorised officer every such card.

(3) In case a holding is declared under paragraph (1) of this Article to be a restricted holding, then for so long as the holding remains a restricted holding the following provisions shall apply, namely:

( a ) no eligible animal or female animal aged less than twelve months shall be moved into or out of the holding except under permit under this Article;

( b ) no eligible animal or female animal aged less than twelve months shall be moved off the land on which it was present at the time when the notification under paragraph (1) of this Article was received except under permit under this Article;

( c ) no castrated animal shall be moved out of the holding except under and in accordance with a permit granted in that behalf by the Minister.

(4) Where by reference to a subsequent investigation a Veterinary Inspector is satisfied and so informs either the owner or person in charge of a restricted holding that the holding is free from brucellosis and that the provisions of the Act and of this Order are being complied with as respects the holding and at the same time gives or sends or causes to be given or sent to the owner, occupier or person in charge of the holding a notice specified in Part II of the Third Schedule to this Order, the holding shall cease to be a restricted holding.

(5) Where the result of a test of an animal or animals on a holding is inconclusive and a Veterinary Inspector so informs either the owner or person in charge of the animal or animals, the following provisions shall apply:

( a ) the animal or animals shall not, except under permit, be moved from the holding;

( b ) such owner or person, if he has not already pursuant to Article 5 (3) (b) of this Order surrendered any identity card or cards issued by the Minister in respect of the animal or animals, shall deliver forthwith each such card or cards to a Veterinary Inspector or authorised officer:

( c ) where by reference to subsequent testing, a Veterinary Inspector is satisfied, and so informs the owner or person in charge of the holding that the animal or animals are free from brucellosis, the restriction under this paragraph on the movement of the animal shall cease.

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

( a ) a mark consisting of a diamond shaped hole of approximately 1.5 centimetres (⁵/₈ of an inch) on each side and punched in the left ear may be applied to the reactor and such mark shall be applied only by a Veterinary Inspector or by an officer of the Minister authorised under section 25 (3) of the Act to apply such marks and the owner or person in charge of the reactor shall permit such an inspector or an officer so authorised to mark the reactor;

( b ) the owner or person in charge of the reactor shall immediately take all practicable steps to secure the effective isolation of the reactor and its maintenance pending its being taken possession of, slaughtered or removed for slaughter in accordance with this Order;

( c ) the owner or person in charge of the reactor shall not dispose of it except under and in accordance with a permit issued for that purpose by the Minister;

( d ) where a permit has been issued under this Article as regards the reactor, and the owner or person in charge of the animal has not, within the period of thirty days beginning on the date of issue of the permit, disposed of the reactor in accordance with the permit, a Veterinary Inspector may by a notice in the form set out in the Fourth Schedule to this Order and served on the owner or person in charge of the reactor, require the reactor to be disposed of in the manner specified in the notice within the period (being not less than a period of three days) specified in the notice, and in case there is a failure to comply with the requirements of the said notice, a Veterinary Inspector or authorised officer may on production, if requested, of his appointment or authorisation take posession of the reactor (such inspector or authorised officer being for that purpose hereby authorised to enter, accompanied by such assistants and vehicles as he may reasonably consider to be necessary, on any land at any reasonable time).

(2) In case a reactor is taken possession of under this Article, it may be disposed of as the Minister thinks fit.

(3) Without prejudice to any penalty that may have been incurred, the cost of taking possession of any animal pursuant to paragraph (1) (d), and of thereafter maintaining it and disposing of it, may be recovered by the Minister from the person on whom the relevant notice under paragraph (1) of this Article was served as a simple contract debt in any court of competent jurisdiction.

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

(2) A copy of the provisions set out in the Fifth Schedule to this Order shall be incorporated in 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 holding 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 from the person on whom the relevant notice under this Article was served as a simple contract debt in any court of competent jurisdiction.

(5) In this Article "holding" includes any pond, stream or water-course and land otherwise covered with water.

10. (1) A Veterinary Inspector or an authorised officer may, by notice in writing served on the occupier of any holding, require such occupier to confine any animal specified in the notice, being an animal which such inspector or officer believes to be infected or suspects of being infected, or being capable of infecting other animals, with brucellosis, to the holding or any part thereof specified in the notice or to comply with such other restriction of movement of the animal as may be specified in the notice.

(2) Where a Veterinary Inspector or an authorised officer is satisfied or has reasonable grounds for suspecting that as respects an animal any provision of the Act or of this Order has not been complied with, he may, by notice in writing served on either the owner or the person in charge of the animal, require that the owner or person shall not move the animal from premises specified in the notice otherwise than to such other premises and along such route as is specified in the notice and such Inspector or officer may by the notice require the owner or the person to retain the animal on such premises and for such period as may be specified in the notice.

(3) Where a notice has been served pursuant to paragraph (2) of this Article and the animal to which the notice relates dies before the period specified in the notice expires, the owner or person in charge of the animal shall—

( a ) immediately notify the District Veterinary Office in the area in which the animal died of the death of the animal, and

( b ) retain the carcase until it has been examined by an authorised officer or a Veterinary Inspector.

(4) Where a Veterinary Inspector or an authorised officer serves a notice under paragraph (2) of this Article, the person upon whom the notice is served shall forthwith surrender to him any identity card, permit, certificate or licence issued by the Minister in respect of an animal to which the notice relates.

11. Where a reactor is moved off a pasture, the owner or person in charge of the pasture shall not, at any time during a period not exceeding sixty days which shall be specified by an inspector and beginning on the day on which the reactor is so moved, move, or permit to be moved, on to, or to remain on the pasture, any animal other than a reactor.

12. (1) The occupier of any holding shall maintain the holding in such condition as the Minister considers necessary to avoid the spread of brucellosis.

(2) A Veterinary Inspector or authorised officer may, by notice in writing served on the owner, occupier or person in charge of a holding, require such owner, occupier or person in charge to provide such testing facilities as the Veterinary Inspector or authorised officer considers necessary to enable Article 5 of this Order to be complied with.

(3) A Veterinary Inspector or authorised officer may, by notice in writing served on the owner, occupier or person in charge of any holding, require such owner, occupier or person to carry out, within such period (being not less than a period of ninety days beginning on the date of the notice) as is specified in the notice, such repairs to and reconstruction of, as may be so specified, such buildings or other structures used for the housing or enclosure of animals or such boundary fences, as may be so specified, on the holding.

(4) The owner or person in charge of any animal shall not move or cause or permit to move or be moved the animal onto land, other than land belonging either to such owner or person in charge, without the permission of the owner of the land.

13. Where as a result of a test or otherwise a registered veterinary surgeon or the owner or the person in charge of an animal in a herd has reason to believe or suspect the existence of brucellosis in any herd or in any carcase on any land or that an animal has aborted, he shall with all practicable speed notify the Secretary, Department of Agriculture, Dublin or the District Veterinary Office for the area of his belief or suspicion.

14. The owner or person in charge of an animal which aborts shall immediately isolate the animal together with any infective material and shall notify the District Veterinary Office for the area of the abortion with all practicable speed. Meanwhile the animal and infective material shall be isolated by such owner or person pending investigation by the Minister.

15. (1) A person shall not move unpasteurised milk or any unpasteurised dairy by-product on to land or premises for feeding to bovine or other animals unless such milk or dairy by-product either—

( a ) came direct from an Officially Brucellosis Free Herd, a certified herd, a Brucellosis (Certified) Herd or a Herd in Northern Ireland which is a herd corresponding to an Officially Brucellosis Free Herd, a certified herd or a Brucellosis (Certified) Herd, or

( b ) has been converted to powder form.

(2) ( a ) Where by reason of a test or otherwise, the Minister is satisfied that there is or are a reactor or reactors on any holding, he shall forthwith give or send, or cause to be given or sent, to the owner or person in charge of the holding a notice requiring such person to heat treat any milk from any reactor in a manner specified in the notice before the milk is fed to any animal on the holding, and in case the Minister gives or sends a notice under this Article, the requirements of the notice shall be complied with by the person to whom it is given or sent.

( b ) A person to whom a notice has been given or sent under this Article shall not move unpasteurised milk or any unpasteurised dairy product out of the relevant holding for feeding in its unpasteurised state to bovine or other animals before he has been informed by a Veterinary Inspector that the relevant herd is free from brucellosis.

( c ) A notice under this Article shall remain in force until it is withdrawn by the Minister.

( d ) A person shall not feed, or permit to be fed, to an animal milk to which a notice under this Article relates which has not been heat treated in accordance with the requirements of the notice.

16. The person in charge of any animal other than a castrate which is being moved into either the clearance area or the free area from outside either of those areas or which is being moved from one to the other of those areas shall have in his possession a permit specifying the destination of the animal and authorising the movement of the animal into the area in question. Where such an animal is being moved direct to a premises at which it is to be slaughtered, the permit shall specify the premises and the period within which the animal is to be slaughtered. Where such an animal is being moved through the clearance area or the free area to a destination which is not in either of those areas and which, while in either of those areas, is neither unloaded, sold nor otherwise disposed of nor is in contact with any other animal other than animals being so moved, the permit shall specify the destination of such animal.

17. (1) A female animal of any age or a bull aged over twelve months which comes from a holding outside the free area containing a herd which is not a Brucellosis (Certified) Herd or an Officially Brucellosis Free Herd or from a herd in Northern Ireland corresponding to neither of such herds shall not be exposed at any public sale of cattle in the free area.

(2) The identity cards or permits relating to eligible animals exposed at any sale must show that the animals have passed a test within the period of thirty days ending on the date of the sale.

(3) The owner or person in charge of a public sale of cattle shall ensure that an animal is not accepted for sale on the premises where such sale is to take place unless the requirements of paragraphs (1) and (2) of this Article are complied with.

18. (1) An eligible animal may not be moved into or out of any holding 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 or a permit permitting such movement 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 card or permit is a day not more than thirty days prior to the day on which the animal is so moved.

(2) Where an eligible animal is being moved into or out of any holding, a Veterinary Inspector or authorised officer may require the person in charge of the animal to produce for inspection the cattle identity card or permit issued by the Minister as regards the movement, and in case a requirement is made under this paragraph the person of whom it is made shall forthwith comply with the requirement.

(3) Where a female animal of any age or a bull aged over twelve months has been moved from a holding which contains a herd which is not a Brucellosis (Certified) Herd or an Officially Brucellosis Free Herd into a herd in the free area, the owner or person in charge of the animal shall, before the expiration of the day next following the day of such movement, notify in writing of the movement the District Veterinary Office for the district within or into which the animal has been moved. For so long as such an animal remains in a herd in the free area it shall be isolated from all other animals in the herd (except animals which are being isolated in accordance with this paragraph). Where by reference to subsequent testing a Veterinary Inspector is satisfied and so informs the owner or person in charge of the herd that the animal is free from brucellosis, the obligations under this paragraph to notify and isolate shall cease as regards the animal.

19. (1) An ear-tag required to be used by this Article or Article 5 of this Order shall be—

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

( b ) such that when attached to the ear of the animal it becomes effectively closed,

( c ) such that if identification letters or numbers borne by the ear-tag are altered (whether by addition, deletion, variation or otherwise) the alteration is evident as such,

( d ) made of rigid, durable material, and

( e ) clearly legible.

(2) A Veterinary Inspector or authorised officer may apply or cause to be applied to any animal any mark which he considers necessary for the purpose of identification and the owner or person in charge of the animal shall permit such marking.

(3) ( a ) No person, other than a Veterinary Inspector or authorised officer, or a registered veterinary surgeon authorised so to do, shall attach an approved ear-tag to a live animal.

( b ) No person other than a Veterinary Inspector or authorised officer, or a registered veterinary surgeon authorised so to do, may remove an approved ear-tag from a live animal.

( c ) Where an animal has died or has been slaughtered, no person other than a Veterinary Inspector or authorised officer, or a registered veterinary surgeon authorised so to do, may remove the approved ear-tag from the premises or other land on which the animal died or was slaughtered.

(4) No person shall efface, obliterate or alter any ear-tag or mark attached or applied pursuant to this Order or attach or apply a tag or mark that could be confused with any tag or mark so attached or applied.

(5) In this Article "authorised" means, in relation to a veterinary surgeon, authorised by the Minister.

20. Where—

( a ) a holding is declared to be a restricted holding under Article 7 of this Order, or

( b ) evidence of brucellosis is found, or

( c ) a Veterinary Inspector notifies in writing the owner or the person in charge of any animal of his belief as to the existence of brucellosis,

the Minister may, in such manner as he considers appropriate, cause the existence of such brucellosis to be brought to the notice of the occupier of such holdings as he considers appropriate.

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

22. Where a Veterinary Inspector, an authorised officer or an officer of the Minister mentioned in either Article 5 or Article 8 of this Order takes a sample, applies a mark, takes possession of a reactor or makes a demand pursuant to this Order, he shall, if requested, produce his appointment or authorisation for examination by the person concerned.

23. A Veterinary Inspector or an authorised officer may examine any animal which is on any premises where a public sale of animals is taking place or which is being moved into or out of a holding either in the clearance area or the free area or other land or into the State from Northern Ireland, and such inspector or officer may make such inquiries in relation to the animal as may be reasonably necessary for the administration of this Order.

24. Where any person transports a reactor for slaughter the following provisions shall apply:

( a ) animals other than reactors shall not be transported in the same vehicle with the reactor;

( b ) the reactor shall not be off-loaded at any holding, mart or other land prior to acceptance at the premises at which it is to be slaughtered;

( c ) any vehicle used for the transport of the reactor shall be cleansed and disinfected immediately following the delivery of the reactor to the premises at which it is to be slaughtered; and

( d ) no animal, hay, straw, fodder, roots or other feeding stuffs shall be carried on a vehicle used for the transport of the reactor unless prior to such carriage such vehicle has been cleansed and disinfected.

25. A Veterinary Inspector or an authorised officer may, at his discretion, issue permits, certificates and notices for the purposes of this Order and may attach to such permits, certificates and notices such conditions (if any) (including conditions to be fulfilled after the cattle to which the permit relates have been moved) which he considers appropriate.

26. The requirements of or the conditions attached to any notice, certificate, permission or permit served, issued or granted under or for the purposes of this Order shall be complied with.

27. (1) It is hereby declared that any omission to carry out the requirements of Article 5 (2) (c), 6 (2), 7 (2), 7 (5) (b), 8 (1) (b), 8 (1) (c), 10 (3), 10 (4), 12 (1), 13, 14, 16, 17 (3), 21 or 24 (c) of this Order or the requirement of Article 18 (2) of this Order as to the production of permits or identity cards or the requirement of Article 18 (3) of this Order as to notification, shall be an offence.

(2) Any person who in purported compliance with Article 5 (2) (d) of this Order includes in a record a particular which he knows to be false or recklessly includes in such a record a particular which is false, shall be guilty of an offence.

(3) Where a test is carried out by or on behalf of the Minister and the owner or person in charge of the herd concerned does not comply with the requirement of Article 5 (3) (a) of this Order regarding the presentation of eligible animals, the person shall be guilty of a separate offence in relation to each eligible animal as regards which the said requirement was not complied with.

(4) Where a notice is served under Article 9, 10, or 12 (3) of this Order and the person on whom it is served fails to comply with the requirements of the notice, he shall be guilty of an offence.

28. In any proceedings for an offence under the Act in which a contravention or an omission to carry out a requirement of this Order is alleged, a statement by a Veterinary Inspector or an authorised officer that in his opinion land forms part or does not form part of a particular holding of land shall be admissible as prima facie evidence that the land forms such part or does not form part.

29. Each of the orders specified in the Sixth Schedule to this Order is hereby revoked.

Article 3.

FIRST SCHEDULE

Part I

Clearance Area

The Area comprising the administrative counties of Carlow, Clare, Cork, Dublin, Kerry, Kildare, Kilkenny, Laois, Limerick, Longford, Louth, Meath, Offaly, Tipperary, Waterford, Westmeath, Wexford and Wicklow.

Part II

Free Area

The area comprising the administrative counties of Cavan, Donegal, Galway, Leitrim, Mayo, Monaghan, Roscommon and Sligo.

Article 5 (2) (b)

SECOND SCHEDULE

Brucellosis in Cattle (General Provisions) Order, 1980.

Declaration of Presentation of Animals and Surrender of Identity Cards required by Article 5 (2)

The (  ) eligible animals this day presented by me for testing under the above Order at are the only eligible animals in my possession or under my control. I have surrendered all the identity cards in my possession to the testing veterinary surgeon/authorised officer.*

The (  ) eligible animals this day presented by me for testing under the above Order atare the only eligible animals in my possession or under my control except  eligible animals on my land at  . I have surrendered all the identity cards in my possession to the testing veterinary surgeon/authorised officer. *

I have no eligible animal in my possession or under my control*.

*Delete whichever is inapplicable.

I hereby certify that the information contained herein is true in every particular.

Signature of owner____________________

or

Person in charge______________________

for and on behalf of the owner

Date_____________

Witness__________

Date____________

Dealer/Herd Number*__________________

Note: Refusal or failure to give information or the wilful or negligent giving of false or misleading information is an offence under the Diseases of Animals Act, 1966 .

* Delete whichever is inapplicable.

Article 7

THIRD SCHEDULE

Part I

An Roinn Talmhaíochta

Brucellosis in Cattle (General Provisions) Order, 1980

To ________________________________Herd No.____________________________ of holding at ____________________________________________________

I, the undersigned, being a Veterinary Inspector, do hereby advise you, as owner or person in charge of the holding referred to above that the said holding is restricted under Article 7 of the above mentioned Order.

(1) The following animals may not be moved into or out of the above holding except under the authority of a permit, namely, all female animals, bulls aged twelve months or over. In addition to the foregoing, an animal which is a castrate shall not be moved out of the herd except under and in accordance with a permit granted for this purpose by the Minister.

(2) Where in pursuance of Article 8 (1) (b) of the Brucellosis in Cattle (General Provisions) Order, 1980, a reactor is found on a pasture and the reactor is moved off the pasture and out of the holding, no other animal, other than a reactor, may be moved on to or remain on the pasture at any time during a period to be specified by an inspector (which period shall however not exceed 60 days) beginning on the day on which the reactor is so moved.

(3) Milk from any reactor animal in the herd shall not be fed to any bovine animal on the above-mentioned holding until the milk has been boiled or pasteurised.

(4) Any brucellosis reactor on the above holding must be effectively isolated.

(5) Unpasteurised milk or any unpasteurised product may not be moved from the above-mentioned holding for feeding to bovine or other animals in its unpasteurised state, until you have been notified that the herd is free from brucellosis.

(6) Even though they may pass a test or tests after the issue of this notice the restrictions on movement of animals into or out of the above-mentioned holding imposed by this notice will remain in force until you are informed officially that the restrictions have been lifted.

(7) All practicable steps, including where necessary the repair and reconstruction of boundary fences, should be taken to prevent the infection of animals on adjoining land by contact with animals on the above-mentioned holding.

(8) Where a reactor is isolated in accordance with the requirements of this notice, all houses used for housing animals and all pens, fittings and receptacles used for animals should be cleansed and disinfected without delay.

(9) Any manure slurry on the above-mentioned holding should be stored for at least a period to be specified by an inspector (which period shall however not exceed sixty days) prior to being moved off or spread on the holding.

(10) Receptacles containing an approved disinfectant should be placed at any entrance to or exit from the above-mentioned holding or any animal housing thereon.

Part II

Brucellosis in Cattle (General Provisions) Order, 1980.

Withdrawal of Declaration of holding as a restricted holding.

To___________________________ Herd Number______________________

of the holding at__________________________________________________

I, being a Veterinary Inspector, hereby withdraw as from the ____ day of _______, 19___, the notice signed by _______________________ and served upon you on the ___________ day of ___________, 19___, declaring the holding above to be a restricted holding.

Accordingly, the provisions contained in Part I of the Third Schedule to the above Order no longer apply to the above-mentioned holding.

FOURTH SCHEDULE

Brucellosis in Cattle (General Provisions) Order, 1980.

Notice to owner or person in charge of reactor

To ___________________ Herd No._________________________________

of the holding at _________________________________________________

I, the undersigned, being a Veterinary Inspector, hereby require you the owner of the undermentioned animal which is a reactor/animals which are reactors*

(1) to remove the said animal/animals* or cause it/them* to be removed directly to a registered meat processing plant or other premises approved by the Minister for Agriculture for slaughter,

(2) to so remove or cause to be so removed and to cause to be slaughtered the said animal/animals* within _______ days from the date of this notice.

*Delete whichever is inapplicable.

FIFTH 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 stacked 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 scrapings shall be removed and the said parts shall then be scrubbed and washed thoroughly with a 4 per cent. solution of washing soda in hot water and finally 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 from the field in which the abortion occurred and every effort made to dispose of the foetus and foetal membranes. 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 occured shall be kept free of cattle for a period not exceeding 60 days, which period shall be specified by an Inspector, after the date of the abortion.

6. The boots worn by, and the hands of, persons who have carried out the cleansing and disinfection shall be washed in an approved disinfectant.

7. In the foregoing provisions of this Schedule "approved disinfectant" means a disinfectant standing for the time being approved of by the Minister pursuant to an order under the Act.

Article 29

SIXTH SCHEDULE

Brucellosis in Cattle (Clearance Area) (General Provisions) Order, 1966 ( S.I. No. 120 of 1966 ); the Brucellosis in Cattle (Clearance Area) (General Provisions) (Amendment) Order, 1966 ( S.I. No. 250 of 1966 ); the Brucellosis in Cattle (Clearance Area) (General Provisions) (Amendment) Order, 1968 ( S.I. No. 44 of 1968 ); the Brucellosis in Cattle (Disease Free Area) Order, 1968 ( S.I. No. 112 of 1968 ); Brucellosis in Cattle (Control of Vaccinations) Order, 1968 ( S.I. No. 160 of 1968 ); the Brucellosis in Cattle (Disease Free Area) (Amendment) Order, 1969, ( S.I. No. 21 of 1969 ); the Brucellosis in Cattle (Clearance Area) (General Provisions) (Amendment) Order, 1969 ( S.I. No. 20 of 1969 ); the Brucellosis in Cattle (Movement Control) Order, 1969 ( S.I. No. 22 of 1969 ); the Brucellosis in Cattle (Disease Free Area) (Amendment) Order, 1970 ( S.I. No. 29 of 1970 ); the Brucellosis in Cattle (Disease Free Area) (Amendment) (No. 2), Order, 1970 ( S.I. No. 82 of 1970 ); the Brucellosis in Cattle (Declaration of Clearance Areas) Order, 1970 ( S.I. No. 134 of 1970 ); the Brucellosis in Cattle (Movement Control) Order, 1970 ( S.I. No. 135 of 1970 ); the Brucellosis in Cattle (Clearance Area) (General Provisions) (Amendment) Order, 1970); ( S.I. No. 136 of 1970 ); the Brucellosis in Cattle (Declaration of Clearance Areas) (Amendment) Order, 1970. ( S.I. No. 198 of 1970 ); the Brucellosis in Cattle (Movement Control) (Amendment) Order, 1970 ( S.I. No. 199 of 1970 ); the Brucellosis in Cattle (Declaration of Clearance Areas) (No. 2) Order, 1970 ( S.I. No. 247 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 ); the Brucellosis in Cattle (Declaration of Clearance Areas) Order, 1971 ( S.I. No. 11 of 1971 ); the Brucellosis in Cattle (Movement Control) (Amendment) (No. 2) Order, 1971 ( S.I. No. 65 of 1971 ); the Brucellosis in Cattle (Declaration of Clearance Areas) (No. 2) Order, 1971 ( S.I. No. 66 of 1971 ); the Brucellosis in Cattle (Movement Control) (Supplementary Provisions) Order, 1971 ( S.I. No. 176 of 1971 ); the Brucellosis in Cattle (Movement Control) (Supplementary Provisions) (Amendment) Order, 1971 ( S.I. No. 326 of 1971 ); the Brucellosis in Cattle (Disease Free Area) (Amendment) Order, 1972 ( S.I. No. 120 of 1972 ); the Brucellosis in Cattle (Movement Control) (Supplementary Provisions) (Amendment) Order, 1972 ( S.I. No. 121 of 1972 ); the Brucellosis in Cattle (Declaration of Clearance Areas) Order, 1973 ( S.I. No. 131 of 1973 ); the Brucellosis in Cattle (Movement Control) Order, 1973 ( S.I. No. 132 of 1973 ); the Brucellosis in Cattle (Disease Free Area) (Amendment) Order, 1973 ( S.I. No. 133 of 1973 ); the Brucellosis in Cattle (Movement Control) (Supplementary Provisions) (Amendment) Order, 1973 ( S.I. No. 134 of 1973 ); the Brucellosis in Cattle (Clearance Area) (General Provisions) (Amendment) Order, 1973 ( S.I. No. 135 of 1973 ); the Brucellosis in Cattle (Movement Control) (Amendment) Order, 1976 ( S.I. No. 281 of 1976 ); the Brucellosis in Cattle (Declaration of Clearance Area) Order, 1976 ( S.I. No. 282 of 1976 ); the Brucellosis in Cattle (Movement Control) (Amendment) Order, 1978 ( S.I. No. 166 of 1978 ); Brucellosis in Cattle (Declaration of Clearance Area) Order, 1978 ( S.I. No. 167 of 1978 ); the Brucellosis in Cattle (Movement Control) Order, 1978 ( S.I. No. 251 of 1978 ); the Brucellosis in Cattle (Movement Control) (No. 2) Order, 1978 ( S.I. No. 252 of 1978 ); the Brucellosis in Cattle (General Provisions) Order, 1979 ( S.I. No. 251 of 1979 ); the Brucellosis in Cattle (Movement Control) (Amendment) Order, 1979 ( S.I. No. 252 of 1979 ); the Brucellosis in Cattle (Declaration of Clearance Area) Order, 1979 ( S.I. No. 253 of 1979 ); the Brucellosis in Cattle (Movement Control) (Amendment) (No. 2) Order, 1979 ( S.I. No. 349 of 1979 ), and the Brucellosis in Cattle Orders (Amendment) Order, 1980 ( S.I. No. 189 of 1980 ).

GIVEN under my Official Seal this 23rd day of September, 1980.

RAY MacSHARRY

Minister for Agriculture

EXPLANATORY NOTE

This Order (1) consolidates all the existing Brucellosis in Cattle Orders, (2) extends the Clearance Area to include counties Carlow, Kildare, Kilkenny, Laois, Limerick, Offaly, Tipperary, Waterford, Wexford and Wicklow, (3) changes the definition of eligible animal to any animal aged twelve months or over except a castrate, (4) prohibits the movement of animals onto any land without the permission of the owner.