S.I. No. 188/2002 - Livestock Marts Act 1967 (Date of Test and Identification of Seller) Regulations 2002


I, Joe Walsh, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by section 6 of the Livestock Marts Act 1967 (No. 20 of 1967) (as adapted by the Agriculture and Food (Alteration of Name of Department and Title of Minister) Order 1999 ( S.I. No. 307 of 1999 )), hereby make the following Regulations-

1.         These Regulations may be cited as the Livestock Marts Act 1967 (Date of Test and Identification of Seller) Regulations 2002 and shall come into operation on 1st July 2002.

2. (1)    In these Regulations-

“animal” means a bovine or ovine animal;

“dealer” has the same meaning as in section 29A (inserted by the Diseases of Animals (Amendment) Act 2001 ) of the Diseases of Animals Act 1966 (No. 6 of 1966);

“lot” means a group of animals being offered for sale together;

“place” means a place where the business of a livestock mart is carried out;

“sell” includes offer, expose or keep for sale, invite an offer to buy, or distribute for reward or otherwise (whether directly or through another person) and cognate words shall be construed accordingly.

(2)    In these Regulations, unless a contrary intention appears, a reference to a Regulation is to a Regulation in these Regulations.

3.         A person who carries out the business of a livestock mart, his or her servants or agents shall not sell or cause or permit another person to sell an animal at any place unless, in advance of and during the sale-

(a)        the name and full address of the owner and the person in whose name the herd or flock from which the animal is being offered for sale is registered.

(b)       subject to Regulation 4, where the animal has been tested for either-

(i)         tuberculosis in ruminating animals, or

(ii)        brucellosis in ruminating animals,

under the Diseases of Animals Act 1966 (No. 6 of 1966), the month and year of the most recent test for each of those diseases, and

(c)        where an animal is presented for sale by or on behalf of a dealer, a statement of that fact,

is placed on view by means of an electronic visual display that is clearly legible to each person present at, or in the immediate vicinity of, the sales ring where the animal is being offered for sale.

4.         Where an animal is being sold as part of a lot, it shall be sufficient compliance with Regulation 3(b) if the month and year displayed is that of the animal in the lot tested earliest in respect of each disease.

5.         Where an ovine animal is to be sold in a part of a place other than a sales ring it shall be sufficient compliance with Article 3 if the information specified in that Article is publicly announced at the commencement of the sale of the animal.

6.         A person shall not bring a bovine animal to a place or have a bovine animal in his or her possession or under his or her control at that place unless Regulations 8 and 9 of the European Communities (Identification and Registration of Bovine Animals) Regulations 1999 ( S.I. No. 276 of 1999 ) have been complied with.

7.         The Livestock Marts (Date of Test and Name and Address of Owner Regulations 1997 ( S.I. No. 33 of 1997 ) are revoked.

GIVEN under My Official Seal,

8 May 2002

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Joe Walsh

Minister for Agriculture, Food

and Rural Development

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations require that a livestock mart publicly identifies the name and address of the owner of cattle or sheep being offered for sale and, where applicable the most recent TB and brucellosis test date by means of electronic visual display in advance of and during sale.