S.I. No. 112/1968 - Brucellosis in Cattle (Disease-Free Area) Order, 1968.

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 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—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 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 "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 21st day of May, 1968.

NEIL T. BLANEY,

Minister for Agriculture and Fisheries.

The Minister for Finance hereby consents to Article 9 of the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this 21st day

of May, 1968.

CHARLES J. HAUGHEY,

Minister for Finance.

EXPLANATORY NOTE.

This Order in relation to Co. Donegal (1) declares it to be an area in which brucellosis in cattle is virtually non-existent (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 within the county (5) provides for other controls necessary to avoid the spread of brucellosis and (6) removes the county from the provisions of previous Orders relating to brucellosis in cattle made under the

Diseases of Animals Act, 1966

.

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

(

a

) a mark consisting of a diamond shaped hole of five-eighths 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 an inspector of the Minister 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 authorised officer so 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

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

(

d

) in default of agreement as aforesaid, an inspector of the Minister may, by notice in the Form specified in Part II of the First Schedule to this Order and served on the owner of the reactor, require the slaughter of the reactor or its removal for slaughter under permit, within the period specified in the notice;

(

e

) in the case where there is a failure to comply with the requirements of the notice mentioned in paragraph (

d

), an inspector of the Minister or an authorised officer may take possession of the reactor (such inspector or 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 at any reasonable time) and the reactor may be disposed of as the Minister thinks fit.

(2) Without prejudice to any penalty that may have been incurred, the cost of taking possession of any animal pursuant to paragraph (1) (

e

), and of thereafter maintaining it and disposing of it, may be recovered by the Minister as a simple contract debt in any court of competent jurisdiction.

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

9. (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 8 (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 such 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 or arbitrator 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 from a purchaser in the open market, immediately before the taking of possession thereof under Article 8 (1) (

e

), if the test of the animal, as a result of which it was so taken possession of, had not been carried out.

10. (1) An inspector of the Minister or an authorised officer may, by notice in writing served on the occupier of any land 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 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 land 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 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 land 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 and land otherwise covered with water.

11. (1) An inspector of the Minister or an authorised officer may, by notice in writing served on the occupier of any land 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 other animals with brucellosis, to the land 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 an inspector of the Minister 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 an inspector of the Minister or an authorised officer serves a notice under paragraph (2), the person upon whom the notice is served shall forthwith surrender to him any brucellosis certified card, identity card, permit, certificate or licence issued by the Minister in respect of an animal to which the notice relates.

(4) In case a notice is served under this Article the person on whom it is served shall comply with the requirements of the notice.

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

(2) An inspector of the Minister or an authorised officer may, by notice in writing served on the occupier of any land in the area, require such occupier to carry out within a specified period the repairs to or reconstruction of any byre or boundary fence on the land and any person on whom a notice under this Article is served shall comply with the requirements of the notice.

13. Where a veterinary surgeon has reason to believe or suspect the existence of brucellosis in any herd or in any carcase on any land in the area he shall inform either the owner or the person in charge of the land and shall with all practicable speed notify either the Secretary, Department of Agriculture and Fisheries, Dublin, or a District Veterinary Office of his belief or suspicion.

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

15. (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 on to or off 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.

16. A person shall not move unpasteurised milk or any unpasteurised dairy by-product into the area or on to land in the area for feeding to bovine or other animals unless such milk or dairy byproduct either—

(

a

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

(

b

) has been converted to powder form.

17. Cattle shall not be moved into the area except as provided for by this Order.

18. (1) Subject to paragraph (2), animals of the following classes may be moved into the area

(

a

) any animal which is not an eligible animal,

(

b

) an eligible animal which—

(i) has come from a Brucellosis (Certified) Herd or from a herd in Northern Ireland which is a herd corresponding to a Brucellosis (Certified) Herd,

(ii) is of a herd (other than a certified herd) in respect of which brucellosis certified cards have been issued by the Minister,

(iii) during the period of 14 days ending immediately before the day of its entry into the area has undergone a test and has passed the test,

(iv) is being moved direct to premises registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, or licensed under the Slaughter of Cattle and Sheep Acts, 1934 to 1936, and is intended for slaughter,

(v) is being moved through the area to a destination outside the area and which while in the area is neither—

(

a

) unloaded nor sold nor otherwise disposed of, nor

(

b

) in contact with any other eligible animal other than such an animal being so moved.

(2) (

a

) Where an animal referred to in paragraph (1) (

b

) which satisfies the requirement of paragraph (1) (

b

) (i) is being moved into the area, the person in charge of the animal shall have in his possession a permit authorising the movement of the animal from a Brucellosis (Certified) Herd or a permit issued by the Ministry of Agriculture in Northern Ireland authorising the movement of the animal from a herd in Northern Ireland which is a herd corresponding to a Brucellosis (Certified) Herd.

(

b

) Where an animal referred to in paragraph (1) (

b

) which satisfies the requirement of paragraph (1) (

b

) (ii) is being moved into the area, the person in charge of the animal shall have in his possession a permit authorising the movement of the animal into the area and shall, when applying for the permit, surrender to the person issuing the permit the brucellosis certified card issued by the Minister in respect of the animal.

(

c

) Where an animal referred to in paragraph (1) (

b

) which satisfies the requirement of paragraph (1) (

b

) (iii) is being moved into the area, the person in charge of the animal shall have in his possession a certificate signed by an inspector of the Minister or an authorised officer or issued by the Ministry of Agriculture in Northern Ireland to the effect that, within the preceding 14 days, the animal has passed a test.

(

d

) Where an animal referred to in paragraph (1) (

b

) which satisfies the requirement of paragraph (1) (

b

) (iv) is being moved into the area, the person in charge of the animal shall have in his possession a permit authorising the movement of the animal and specifying the premises within which and the period within which the animal is intended to be slaughtered.

(

e

) Where an animal referred to in paragaph (1) (

b

) which satisfies the requirement of paragraph (1) (

b

) (v) is being moved into the area, the person in charge of the animal shall have in his possession a permit authorising the movement of the animal to a destination outside the area.

(3) Where an animal in respect of which a certificate or permit mentioned in this Article has been signed or issued 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 certificate or permit to the person acquiring the animal, or to his agent.

(4) An inspector of the Minister or an authorised officer may issue certificates and permits for the purpose of this Article.

19. Animals shall not be moved into a certified herd in the area except as provided for by this Order.

20. (1) Subject to paragraphs (2), (3), (4) and (5), animals may be moved into a certified herd in the area.

(2) (

a

) Where an eligible animal which has come from a certified herd is being moved into a certified herd in the area, the person in charge of the animal shall have in his possession the brucellosis certified card issued by the Minister in respect of the animal.

(

b

) Where an eligible animal which has come from a Brucellosis (Certified) Herd or from a herd in Northern Ireland which is a herd corresponding to a Brucellosis (Certified) Herd is being moved into a certified herd in the area, the person in charge of the animal shall have in his possession a permit described in Article 18 (2) (

a

).

(

c

) Where an eligible animal which has come from a herd (other than a certified herd) in respect of which brucellosis certified cards have been issued by the Minister is being moved into a certified herd in the area, the person in charge of the animal shall have in his possession a permit described in Article 18 (2) (

b

).

(

d

) Where an eligible animal is being moved into a certified herd in the area and during the period of 14 days immediately before the day of its entry into the herd the animal has undergone a test and has passed the test, the person in charge of the animal shall have in his possession a certificate described in Article 18 (2) (

c

).

(3) Where an eligible animal not being an eligible animal mentioned in paragraph (2) (

a

) or (2) (

b

) has been moved into a certified herd in the area the following provisions shall apply

(

a

) so long as the animal remains in the herd it shall be isolated from all other animals in the herd (except animals which are being isolated in accordance with this paragraph);

(

b

) where by reference to subsequent testing, an inspector of the Minister is satisfied and so informs the owner or person in charge of the herd that the animal is free from brucellosis the restriction on movement under this paragraph shall cease.

(4) Where an eligible animal mentioned in paragraph (2) (

d

) has been moved into a certified herd in the 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 the District Veterinary Office for his district in writing of the movement.

(5) Where any animal which is not an eligible animal is moved into a certified herd in the area otherwise than directly from another certified herd it shall, for the period of six weeks from the date of such movement, be isolated from all other animals in the herd (other than animals which are being isolated in accordance with this paragraph).

21. (1) Animals shall not be exposed at a public show or sale of cattle in the area except as provided for by this Article.

(2) Subject to paragraphs (3), (4) and (5), animals may be exposed at a public show or sale of cattle in the area.

(3) (

a

) Where an eligible animal which has come from a certified herd in the area is exposed at a public show or sale of cattle in the area the person in charge of the cattle shall have in his possession the brucellosis certified card issued by the Minister in respect of the animal.

(

b

) Where an eligible animal which has come from a Brucellosis (Certified) Herd or from a herd in Northern Ireland which is a herd corresponding to a Brucellosis (Certified) Herd is exposed at a public show or sale of cattle in the area, the person in charge of the cattle shall have in his possession a permit described in Article 18 (2) (

a

).

(4) Where eligible animals mentioned in subparagraphs (

a

) and (

b

) of paragraph (3) are exposed at a public show or sale of cattle in the area, they shall at all times be kept separate from any other animals, they shall lead any parade regardless of category and the sale of such eligible animals shall be terminated before the sale of any other animals commences in the same place on the day of such sale.

(5) Eligible animals which are not animals mentioned in paragraph (3) may be exposed at a public sale of cattle in the area only under and in accordance with a licence granted in that behalf by the Minister.

22. Notwithstanding any other provision of this Order, cattle may be moved into the area or into or out of a herd in the area or into premises at which they are intended to be slaughtered or may be exposed at a public show or sale in the area under and in accordance with a licence granted in that behalf by the Minister.

23. (1) Where an animal in respect of which a brucellosis certified card has been issued by the Minister is sold or otherwise disposed of within the area, the owner or person in charge of the animal shall, at the time of the sale or disposal, give the brucellosis certified card to the person acquiring the animal, or to his agent.

(2) Where an animal in respect of which a brucellosis certified card has been issued by the Minister—

(

a

) dies or is slaughtered within the area, or

(

b

) is moved into a herd in the area which is not a certified herd, or

(

c

) is moved out of the area,

the owner or person in charge of the animal shall, before the expiration of the day next following the day of such death, slaughter or movement, either send the card by post to the Secretary, Department of Agriculture and Fisheries, Dublin or send it by post or otherwise deliver the card to the veterinary officer in charge of any District Veterinary Office.

24. (1) 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.

(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 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 an ear-tag or mark applied pursuant to this Order.

25. An inspector of the Minister or an authorised officer may examine any cattle in the area or any cattle being moved into the area or into any premises in which they are intended to be slaughtered and may make such inquiries in relation to any cattle as may be reasonably necessary for the administration of this Order.

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

27. Where an inspector of the Minister, an authorised officer or an officer of the Minister mentioned in either Article 5 or Article 8 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.

28. The conditions specified in any approval, permission, permit, notice or licence given, issued or granted under or for the purposes of this Order shall be complied with.

29. Omission to carry out the requirements of any Article of this Order or of an approval, permission, permit, notice or licence given, issued or granted under or for the purposes of this Order shall be and is hereby declared to be an offence.

30. (1) The Brucellosis in Cattle (Declaration of Clearance Area and Movement Control) Order, 1966 (

S.I. No. 121 of 1966

), as amended by the Brucellosis in Cattle (Declaration of Clearance Area and Movement Control) (Amendment) Order, 1966 (

S.I. No. 249 of 1966

), and the Brucellosis in Cattle (Movement Control) Order, 1967 (

S.I. No. 62 of 1967

), shall with respect to the area cease to have effect.

(2) Where, immediately before the commencement of this Order, a restriction on movement under Article 10 (1) of the Brucellosis in Cattle (Movement Control) Order, 1967 was in force in relation to a herd in the area, notwithstanding paragraph (1), the provisions of the said Article 10 (1) shall in relation to the herd, its owner and any person who is for the time being in charge of the herd, continue in force in the same manner as if this Order had not come into operation.

(3) Where immediately before the commencement of this Order, a restriction on movement under Article 10 (2) of the Brucellosis in Cattle (Movement Control) Order, 1967 was in force in relation to an animal in a herd in the area, notwithstanding paragraph (1), the provisions of the said Article 10 (2) shall in relation to the animal, its owner and any person who is for the time being in charge of the animal, continue in force in the same manner as if this Order had not come into operation.

(4) Nothing contained in the Brucellosis in Cattle (Control of Vaccination) Order, 1966 (

S.I. No. 199 of 1966

), shall be construed as applying that Order to the area.

FIRST SCHEDULE.

PART I

Brucellosis in Cattle

(

Disease-Free Area

)

Order, 1968.

Declaration of Herd as a Restricted Herd.

TO ............................................................ ............HERD No..................................... OF............................................................ ............................................................ ....

I, the undersigned, being an Inspector of the Minister, do hereby give you notice, as the owner/person in charge of the herd referred to above, that the said herd is hereby declared a restricted herd under Article 7 of the above-mentioned Order.

The following animals may not be moved out of a restricted herd or from the land on which they are at present located except under the authority of a permit:—

Female animals aged 12 months or over and bulls aged 9 months or over.

Dated this day of ,19 .

Signed

Inspector of the Minister

.

PART II

Brucellosis in Cattle

(

Disease-Free Area

)

Order, 1968.

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/animals which has/have reacted to a test for brucella infection that—

(

a

) the said animal/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/animals

Ear-tag No.

Breed

Description

SECOND SCHEDULE.

Provisions Relating to Cleansing and Disinfection.

S.I. No. 112 of 1968.

BRUCELLOSIS IN CATTLE (DISEASE-FREE AREA) ORDER, 1968.

I, NEIL T. BLANEY, Minister for Agriculture and Fisheries, it appearing to me to be necessary for the purpose of the progressive eradication of brucellosis in cattle and being satisfied that brucellosis in cattle is virtually non-existent in such area as consists of the administrative county of Donegal do hereby, with the consent of the Minister for Finance as respects Article 9, in exercise of the powers conferred on me by

sections 3

,

12

,

13

,

19

,

20

,

22

,

27

,

48

and

58

of the

Diseases of Animals Act, 1966

(No. 6 of 1966) order as follows