IE
S.I. No. 120/1966 - Brucellosis in Cattle (Clearance Area) (General Provisions) Order, 1966.
Table of Provisions (19)
Statutory Text (19 Articles)
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 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 staw 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—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 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 " approved disinfectant " means a disinfectant approved by the Minister under the Diseases of Animals (Disinfectant) Order, 1931, (
S. R. & O. No. 59 of 1931
).
GIVEN under my Official Seal, this 26th day of May, 1966.
CHARLES J. HAUGHEY,
Minister for Agriculture and Fisheries.
The Minister for Finance hereby consents to Article 8 of the foregoing Order.
GIVEN under the Official Seal of the Minister for Finance, this 26th day of May, 1966.
JOHN LYNCH,
Minister for Finance.
EXPLANATORY NOTE.
This Order prohibits the vaccination of cattle against brucellosis except with the permission of the Minister, provides for the testing of cattle for brucellosis and for action consequent on the detection of the disease in a herd in an area which is declared a Clearance Area for the purpose of eradicating brucellosis in cattle.
8. (1) The following provisions shall apply as respects the making and determination of applications for, and the mode of assessment of, compensation to be paid under the Act by the Minister as respects an animal which has been taken possession of under Article 7 (1) (
e
)
(
a
) the application shall be in writing and shall be sent to the Secretary, Department of Agriculture and Fisheries, Dublin;
(
b
) subject to the following provisions of this Article, the application shall be determined by the Minister;
(
c
) the compensation shall be equivalent to the market value of the animal as agreed upon between the applicant and the Minister, or in default of such agreement, as fixed by a valuer appointed by agreement between the applicant and the Minister or, in default of agreement as to the valuer, appointed by the Minister or as fixed by an arbitrator under sub-paragraph (
d
);
(
d
) in the event of the applicant disputing the determination of the application, the dispute shall be referred to the decision of an arbitrator appointed by agreement between the applicant and the Minister or, in default of agreement, appointed by the Minister, and the decision of such arbitrator shall be final and binding on both parties;
(
e
) the Minister shall, subject to the consent of the Minister for Finance as to their amount, pay the fees of any valuer appointed under this Article;
(
f
) for the purposes of this Article, the market value of an animal shall be the price which might reasonably have been obtained for the animal immediately before the taking of possession thereof under Article 7 (1) (
e
) from a purchaser in the open market, if the test of the animal, as a result of which it was so taken possession of, had not been carried out.
9. (1) An inspector of the Minister or an authorised officer may, by notice in writing served on the occupier of land or premises 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. The inspector or authorised officer may also by such notice require such occupier to cleanse and disinfect specified parts of the 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 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 said Second Schedule shall be incorporated with 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) 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 watercourse on or adjacent to land.
10. An inspector of the Minister or an authorised officer may, by 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 of infecting animals with brucellosis, to the land or premises 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 and any occupier on whom a notice under this Article is served shall comply with the requirements of the notice.
11. (1) The occupier of any land or premises in the area shall maintain the land or premises in such condition as the Minister considers necessary to avoid animals on adjoining lands or premises affecting animals on the first-mentioned land or premises with brucellosis.
(2) An inspector of the Minister or an authorised officer may, by notice in writing served on the occupier of any land or premises in the area, require such occupier to carry out specified repair or reconstruction of any byre or boundary fence on the land or premises within a specified period and any occupier on whom a notice under this Article is served shall comply with the requirements of the notice.
12. (1) The owner of any herd in the area shall keep records showing—
(
a
) the cattle in the herd and their identification mark, sex and type,
(
b
) births and deaths of cattle in the herd, 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 into or out of which the movement took place, the name of the vendor or purchaser (if any) and, as respects each animal moved out of the herd, whether or not it was 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) A person keeping records under this Article shall, on demand by an inspector of the Minister, by an authorised officer or by the veterinary surgeon taking a sample from an animal in the herd pursuant to Article 5, produce the records for inspection.
13. A person shall not move unpasteurised milk or any unpasteurised dairy by-product into the area or on to land or premises in the area for feeding to bovine or other animals unless such milk or dairy by-product—
(
a
) came direct from a herd which is for the time being entered in the register of brucellosis (certified) herds kept by the Minister,
(
b
) came direct from an area which as respects brucellosis is for the time being declared by the Minister to be an attested or disease-free area, or
(
c
) has been converted to powder form.
14. The owner or person in charge of an animal which aborts in the area shall immediately isolate the animal and any infective material and shall notify a District Veterinary Office with all practicable speed. Meanwhile the animal and infective material shall be maintained in isolation by the owner or person pending investigation by the Minister.
15. Where a veterinary surgeon has reason to believe or suspect the existence of brucellosis in any herd or in any carcase on any land or premises in the area he shall inform the owner or person in charge of the land or premises and shall with all practicable speed notify either the Secretary, Department of Agriculture and Fisheries, Dublin, or a District Veterinary Office.
16. An ear-tag to be used in accordance with this Order shall be—
(
a
) of a pattern approved 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.
17. Where an inspector of the Minister, an authorised officer or an officer of the Minister mentioned in Article 5 or 7 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.
18. 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.
FIRST SCHEDULE
BRUCELLOSIS IN CATTLE (CLEARANCE AREA)
(GENERAL PROVISIONS) ORDER, 1966
NOTICE TO OWNER OF REACTOR
To............................................................ ............................................................ .......... Herd No....................
of ............................................................ ............................................................ ..............................................
I, the undersigned, being an Inspector of the Minister, hereby give you notice as the owner of the undermentioned animal or animals which has or have reacted to a test for brucella infection that—
(a) the said animal or animals shall be caused by you to be slaughtered or removed from your premises under permit* for slaughter.
(b) such slaughter or removal must be effected within..................days from the date of this notice.
Dated this...........................day of...................................19.......
Signed....................................................
Inspector of the Minister,
* The necessary permit may be obtained on application to the District Veterinary Office.
Particulars of animal or animals
Ear-tag No.
Breed
Description
SECOND SCHEDULE
PROVISIONS RELATING TO CLEANSING AND DISINFECTION
S.I. No. 120 of 1966.
BRUCELLOSIS IN CATTLE (CLEARANCE AREA) (GENERAL PROVISIONS) ORDER, 1966.
I, CHARLES J. HAUGHEY, Minister for Agriculture and Fisheries, it appearing to me to be necessary for the purpose of the progressive eradication of brucellosis in cattle, do hereby, with the consent of the Minister for Finance as respects Article 8, in exercise of the powers conferred on me by
sections 3
,
12
,
13
,
20
and
58
of the
Diseases of Animals Act, 1966
(No. 6 of 1966) order as follows