S.I. No. 211/1965 - Bovine Tuberculosis (Attestation of the State) Order, 1965.

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 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 utensils or other articles used for or about any cattle which were deemed to be reactors shall be thoroughly cleansed and washed with a 4 per cent. solution of washing soda in hot water.

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

6. In the foregoing provisions "approved disinfectant" means a disinfectant approved by the Minister under the Diseases of Animals (Disinfectant) Order, 1931, (

S. R. & O. No. 59 of 1931

).

THIRD SCHEDULE.

ORDERS REVOKED.

Title

Number and Year

Bovine Tuberculosis (General Provisions) Order, 1957.

219 of 1957

Bovine Tuberculosis (Control of Certain Tests) Order, 1960.

177 of 1960

Bovine Tuberculosis (Attested Area) Order, 1960.

236 of 1960

Bovine Tuberculosis (Attested Area) (Amendment) Order, 1961.

9 of 1961

Bovine Tuberculosis (Attested Area) (Amendment) (No. 2) Order, 1961.

17 of 1961

Bovine Tuberculosis (Attested Area) (Amendment) (No. 3) Order, 1961.

29 of 1961

Bovine Tuberculosis (Restrictions on Further Tests) Order, 1961.

94 of 1961

Bovine Tuberculosis (Control of Certain Tests) (Amendment) Order, 1961.

126 of 1961

Bovine Tuberculosis (Attested Area) (Amendment) (No. 4) Order, 1961.

156 of 1961

Bovine Tuberculosis (General Provisions) (Amendment) Order, 1961.

159 of 1961

Bovine Tuberculosis (Movement Control) Order, 1961.

169 of 1961

Bovine Tuberculosis (Attested Area) (Amendment) (No. 5) Order, 1961.

228 of 1961

Bovine Tuberculosis (Clearance Area) (No. 2) Order, 1962.

105 of 1962

Bovine Tuberculosis (Attested Area) (Amendment) (No. 6) Order, 1962.

169 of 1962

Bovine Tuberculosis (Attested Area) (Amendment) (No. 7) Order, 1962.

192 of 1962

Bovine Tuberculosis (Attested Area) (Amendment) (No. 8) Order, 1962.

201 of 1962

Bovine Tuberculosis (Attested Area) (Amendment) (No. 9) Order, 1963.

23 of 1963

Bovine Tuberculosis (Attested Area) (Amendment) (No. 10) Order, 1963.

55 of 1963

Bovine Tuberculosis (30-Day Test) Order, 1963

76 of 1963

Bovine Tuberculosis (Clearance Area) (Amendment) Order, 1963.

109 of 1963

Bovine Tuberculosis (General Provisions) (Amendment) Order, 1963.

238 of 1963

Bovine Tuberculosis (Control of Movement) Order, 1963.

257 of 1963

Bovine Tuberculosis (Clearance Area) (Special Controls) Order, 1965.

26 of 1965

GIVEN under my Official Seal this 19th day of October, 1965.

CHARLES J. HAUGHEY,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

This Order declares, with effect from 19th October, 1965, the State to be an Attested Area, i.e. an area in which the Minister is satisfied that bovine tuberculosis is virtually non-existent.

The Order also (1) prohibits testing of cattle for tuberculosis and vaccination of cattle against tuberculosis or Johne's Disease, except with permission; (2) prescribes the type of test to be used for testing cattle for tuberculosis and regulates such testing; (3) regulates movement of cattle into the State from Northern Ireland, into premises in the State for slaughter and into and out of herds; (4) controls public sales of cattle; (5) requires the transfer or surrender of identity cards relating to cattle in certain circumstances; (6) provides for disposal of reactors and (7) revokes Orders previously made under the

Diseases of Animals (Bovine Tuberculosis) Act, 1957

.

9. Where a veterinary surgeon finds evidence of bovine tuberculosis in any animal or carcase on any premises, he shall inform the owner or person in charge of the premises and shall notify either the Secretary, Department of Agriculture and Fisheries, Dublin, or the DistrictVeterinary Office in the area in which the premises are situate, before the expiration of the day next following the day on which he found such evidence.

10. Where—

(

a

) there is a reactor, or

(

b

) evidence of bovine tuberculosis is found in any animal,

on any premises, the owner or person in charge of the animal shall immediately take all practicable steps to secure the effective isolation of the animals.

11. Where—

(

a

) there is a reactor, or

(

b

) evidence of bovine tuberculosis is found in any animal,

on any premises, the occupier of the premises shall take all practicable steps to prevent the infection of cattle on adjoining land by contact with cattle on the premises and, subject to Article 12 of this Order, shall not during the period of seven days commencing on the day on which such reactor or evidence is found, allow any animal to be moved off the premises except under permit under this Article.

12.—(1) Where, by reason of a test or otherwise, a veterinary inspector is satisfied or has reasonable grounds for suspecting that an animal in a herd is a reactor or if he has reasonable grounds for suspecting that as respects any animal in the herd any provision of the Acts or of this Order has not been complied with, he shall declare the herd a restricted herd and shall so notify the owner or person in charge of the herd in the form specified in Part I of the First Schedule to this Order.

(2) The owner or person in charge of a restricted herd shall, upon being notified that the herd is a restricted herd in accordance with paragraph (1) of this Article, if he has not already pursuant to subparagraph (i) of paragraph (1) of Article 6 of this Order surrendered any identity cards issued by the Minister in respect of the animals in the herd, deliver forthwith to a veterinary inspector or authorised officer every such card.

(3) No animal may be moved into or out of a restricted herd except under permit under this Article.

(4) An authorised officer may, at his discretion, issue permits for the purposes of this Article and may specify in such permits any conditions (including conditions to be fulfilled after the cattle have been moved) which he considers appropriate.

(5) Where by reference to a subsequent investigation, a veterinary inspector is satisfied and so informs the owner or person incharge of the herd, that the herd is free from tuberculosis, the herd shall cease to be a restricted herd.

13. An authorised officer may mark a reactor by punching a diamond-shaped hole of five-eighths of an inch side in the left ear of the animal and the owner or person in charge of the animal shall permit the authorised officer so to mark the animal.

14.—(1) Where a reactor is disclosed by a test or otherwise the following provisions shall apply

(

a

) possession of the animal may, by agreement, be taken by or on behalf of the Minister and the animal may be disposed of as the Minister thinks fit,

(

b

) in default of agreement as aforesaid, a veterinary inspector may, by notice in the form specified in Part II of the First Schedule to this Order served on the owner of the animal, require the slaughter or disposal of the animal for slaughter within the period specified in the notice,

(

c

) 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, take possession of the animal (such inspector or authorised officer being for this purpose hereby authorised to enter, accompanied by such assistants and vehicles as he may reasonably consider to be necessary, on any land or premises at any reasonable time) and it may be disposed of as the Minister thinks fit.

(2) The cost of taking possession of any cattle pursuant to subparagraph (

c

) of paragraph (1) of this Article, and of thereafter maintaining the cattle and disposing of them, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

15.—(1) An authorised officer may, by notice in writing served on the occupier of premises on which a reactor has been disclosed or evidence of tuberculosis has been found in any animal or carcase, require such occupier to cleanse and disinfect specified parts of the premises within a specified period and in accordance with the provisions set out in the Second Schedule to this Order.

(2) A copy of the said provisions shall be incorporated with a notice served pursuant to 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, and the persons carrying out the requirements on behalf of the Minister are hereby authorised to enter on the relevant premises at any reasonable time for the purpose of carrying out the requirements.

(4) The cost of carrying out 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.

16. A veterinary inspector may, by notice in writing served on the occupier of any land, require such occupier to carry out specified repair or reconstruction of cow byres or boundary fences on the land within a specified period.

17.—(1) An authorised officer may, by notice in writing, served on the occupier of any land or premises, require the occupier to keep any specified animals and any goats or swine on the land or premises, being animals, goats or swine affected or suspected of being affected or capable of infecting cattle with tuberculosis, under specified control or to confine such animals, goats or swine to a specified part of the land or premises.

(2) Where an authorised officer is satisfied or has reasonable grounds for suspecting that an animal is not an attested animal or if he has reasonable grounds for suspecting that as respects the animal any provision of the Acts or of this Order has not been complied with, he may, by notice in writing served on the owner or person in charge of the animal, require that the owner or the person shall not move the animal from premises specified in the notice other than to such other premises and along such route as may be specified in the notice and the authorised 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 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 issued by the Minister in respect of the animal to which the notice relates or any permit mentioned in Article 22 of this Order which relates to such animal.

18.—(1) Cattle, other than attested cattle, may not be moved into any herd except under permit under this Article.

(2) An authorised officer may, at his discretion, issue permits for the purposes of this Article and may attach to and specify in such permits any conditions (including conditions to be fulfilled after the cattle have been moved into the herd) which he considers appropriate.

19.—(1) Where an animal in respect of which an identity card has been issued by the Minister 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 identity card to the person acquiring the animal, or his agent.

(2) Where an animal in respect of which an identity card has been issued by the Minister dies or is exported, the owner or person in charge of the animal shall forthwith surrender the identity card to a veterinary inspector or authorised officer.

20.—(1) No animal shall be moved into premises at which it is intended to be slaughtered unless the animal is accompanied by an identity card issued by the Minister in respect of it or by a permit mentioned in Article 22 of this Order or by a permit or a licence authorising its movement into premises for slaughter and issued under this Order.

(2) Whenever an animal is moved into premises at which it is intended to be slaughtered, the person in charge of the animal shall, at the time when the animal is so moved, surrender to the person in charge of the premises the identity card, permit or licence accompanying the animal and the person in charge of the premises shall retain the identity card, permit or licence and shall, before the expiration of the day next following the day of such movement either—

(

a

) send it by post to the Secretary, Department of Agriculture and Fisheries, Dublin, or

(

b

) send it by post to the District Veterinary Office in the area within which the premises are situate, or

(

c

) send it by post or deliver it to a veterinary inspector or authorised officer.

21. Where an animal is moved into premises in accordance with Article 20 of this Order and is slaughtered, the person in charge of the premises shall—

(1) keep such record of the ear-tag letter and number given on the identity card, permit or licence which accompanied the animal as shall enable the carcase of the animal to be related to such ear-tag, and

(2) produce the record for inspection by a veterinary inspector or an authorised officer on demand.

22.—(1) Cattle shall not be moved into the State from Northern Ireland except in accordance with paragraph (2) of this Article.

(2) Subject to Article 23 of this Order, where cattle are being moved into the State from Northern Ireland, the person in charge of the cattle shall have in his possession a permit issued by the Ministry of Agriculture in Northern Ireland establishing that each animal being moved is an attested animal under the law of Northern Ireland and authorising its movement from the place from which it came.

(3) A person having a permit in his possession pursuant to this Article shall, on demand made by an officer of customs and excise, a preventive officer at a customs or frontier post, a member of the Garda Síochána or an authorised officer, produce it for inspection by such officer or member.

23.—(1) Subject to paragraph (3) of this Article and notwithstanding any other provision of this Order, cattle may be moved under licence under this Article into the State from Northern Ireland or into or out of a herd or into premises at which they are intended to be slaughtered.

(2) The Minister may, at his discretion, issue licences for the purposes of this Article.

(3) Where the Minister issues a licence under this Article, he may attach to and specify in the licence any conditions (including conditions to be fulfilled after the cattle have been moved) which he considers appropriate.

24.—(1) An animal shall not be exposed at any public sale of cattle except as provided for by this Article.

(2) Animals of the following classes only may be exposed at a public sale—

(

a

) attested cattle in respect of which identity cards have been issued by the Minister,

(

b

) attested cattle not more than six weeks old which have not undergone a test.

(

c

) cattle moved into the State from Northern Ireland in accordance with the provisions of Article 22 of this Order.

(3) Where cattle referred to in subparagraph (

a

) of paragraph (2) are exposed at a public sale, the person in charge of the cattle shall have in his possession the identity cards issued by the Minister in respect of the cattle.

(4) Where cattle mentioned in subparagraph (

c

) of paragraph (2) are exposed at a public sale, the person in charge of the cattle shall have in his possession a permit issued by the Ministry of Agriculture in Northern Ireland establishing that each animal is an attested animal under the law of Northern Ireland.

25.—(1) An ear-tag to be used in accordance with this Article or Article 6 of this Order shall be—

(

a

) of a pattern approved by the Minister,

(

b

) such that when inserted in the ear of the 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.

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

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

26. A person having in his possession pursuant to this Order any identity card issued by the Minister or any document shall, on demand made by a member of the Garda Síochána or an authorised officer, produce the identity card or document for inspection by such member or officer.

27. An authorised officer may examine any cattle exposed at any public sale or being moved into or out of a herd or into any premises at which they are intended to be slaughtered or into the State from Northern Ireland and may make any inquiries in relation to the cattle as may be reasonably necessary for the administration of this Order.

28. Where an authorised officer makes a demand or an examination pursuant to this Order, he shall, if requested, produce his appointment for examination by the person concerned.

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

30. Omission to carry out the requirements of any Article of this Order or of a notice, permit or licence issued under this Order shall be an offence against the Acts.

31. The Orders mentioned in the Third Schedule to this Order are hereby revoked.

FIRST SCHEDULE.

PART I

BOVINE TUBERCULOSIS (ATTESTATION OF THE STATE) ORDER, 1965.

DECLARATION OF HERD AS A RESTRICTED HERD.

TO ............................................................ .................... HERD NO. ............................................................ ..

OF ............................................................ ............................................................ ............................................

I, the undersigned, being a Veterinary Inspector, do hereby give you notice, as owner or person in charge of the herd referred to above, that the said herd is hereby declared a restricted herd under Article 12 of the above-mentioned Order.

No bovine animal may be moved into, or out of, a restricted herd except under the authority of a permit.

Dated this ............................ day of .................................., 19.......

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

Veterinary Inspector.

PART II

BOVINE TUBERCULOSIS (ATTESTATION OF THE STATE) ORDER, 1965.

NOTICE TO OWNER OF REACTOR.

TO ............................................................ ................ HERD NO. ...........................................................

OF ............................................................ ............................................................ ....................................

I, the undersigned, being a Veterinary Inspector, do hereby give you notice as the owner of the undermentioned animal which is a reactor that animals which are reactors

(1) the said animal or animals shall be caused by you to be slaughtered on your premises or removed from your premises and slaughtered,

(2) such slaughter or removal and slaughter must be effected within .................. days from the date of this notice.

Dated this............... day of ........................................................., 19.......

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

Veterinary Inspector.

Ear-tag No.

Breed

Description

SECOND SCHEDULE.

PROVISIONS RELATING TO CLEANSING AND DISINFECTION OF PREMISES.

S.I. No. 211 of 1965.

BOVINE TUBERCULOSIS (ATTESTATION OF THE STATE) ORDER, 1965.

I, CHARLES J. HAUGHEY, Minister for Agriculture and Fisheries, being satisfied that bovine tuberculosis is now virtually non-existent in the State, do hereby, in exercise of the powers conferred upon me by section 22 of the Diseases of Animals Act, 1894, and

section 2

of the

Diseases of Animals (Bovine Tuberculosis) Act, 1957

(No. 14 of 1957), as amended by

section 5

of the

Diseases of Animals Act, 1960

(No. 26 of 1960), as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1965 (

S.I. No. 146 of 1965

), order as follows

1.—(1) This Order may be cited as the Bovine Tuberculosis (Attestation of the State) Order, 1965.

(2) This Order shall come into operation on the 19th day of October, 1965.