IE
S.I. No. 114/1991 - Brucellosis in Cattle. (General Provisions) Order, 1991.
Table of Provisions (35)
Statutory Text (35 Articles)
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SIXTH SCHEDULE
Article 33
(
a
) The Brucellosis in Cattle (General Provisions) Order, 1980 (
S.I. No. 286 of 1980
),
(
b
) the Brucellosis in Cattle (General Provisions) (Amendment) Order, 1986 (S.I. No. 369 of 1981),
(
c
) the Brucellosis in Cattle (General Provisions) (Amendment) Order, 1982 (
S.I. No. 306 of 1982
),
(
d
) the Brucellosis in Cattle (General Provisions) (Amendment) (No. 2) Order, 1982 (
S.I. No. 312 of 1982
),
(
e
) the Brucellosis in Cattle (General Provisions) (Amendment) (No. 3) Order, 1980 (
S.I. No. 336 of 1982
),
(
f
) the Brucellosis in Cattle (General) Provisions) (Amendment) Order, 1984 (
S.I. No. 121 of 1984
),
(
g
) the Brucellosis in Cattle (General Provisions) (Amendment) Order, 1987 (
S.I. No. 168 of 1987
), and
(
h
) the Brucellosis in Cattle (General Provisions) (Amendment) Order, 1988 (
S.I. No. 79 of 1988
),
GIVEN under my Official Seal, this 6th day of May, 1991.
MICHAEL O'KENNEDY,
Minister for Agriculture and Food.
EXPLANATORY NOTE.
This Order which replaces the Brucellosis in Cattle (General Provisions) Order 1980 with effect from 20 May 1991 and consolidates all the existing Brucellosis in Cattle Orders declares that the State continues to be an attested or disease-free area for the purposes of brucellosis eradication.
The Order also (1) prohibits the vaccination of bovine animals with anti-abortion vaccine except with permission; (2) prescribes the type of test to be used for testing bovine animals for brucellosis and regulates such testing; (3) provides for the ear-punching of animals which give a positive reaction to a test; (4) authorises the Minister to take possession of reactors by agreement; (5) provides for more effective control of cattle entering slaughtering premises; (6) regulates movement of bovine animals into and out of holdings within the State, into the State from Northern Ireland, and into premises in the State for slaughter; (7) applies conditions to public sales of bovine animals; (8) requires the transfer or surrender of identity cards relating to bovine animals in certain circumstances; (9) provides for disposal of reactors; (10) provides for the notification of reactor herds to adjoining herdowners; and (11) provides for the registration of dealers in bovine animals.
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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 1.5 centimetres on each side and punched in the left ear shall be applied to the reactor and a tag bearing a yellow disc shall be attached to the same ear of the reactor and such mark shall be applied and such tag attached 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 to attach such tags and the owner or person in charge of the reactor shall permit such an inspector or an officer so authorised to mark and tag 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.
9. (1) A veterinary inspector or an authorised officer may, by agreement between the owner or person in charge of a reactor and any veterinary inspector or authorised officer, take possession of the reactor on behalf of the Minister.
(2) Where the owner or person in charge of a reactor and a veterinary inspector or an authorised officer fail to reach agreement regarding the taking into the possession of a veterinary inspector or an authorised officer of the reactor a movement permit in respect of the reactor may be issued and the owner or person in charge of the reactor shall not move it except under and in accordance with the terms of the movement permit.
(3) Where—
(
a
) there is a reactor, and
(
b
) a movement permit has been issued as regards the reactor, and
(
c
) the owner or person in charge of the reactor has not within the period of 14 days beginning on the date of issue of the movement permit moved the reactor under and in accordance with the terms of that permit,
a veterinary inspector may by a notice in the form set out in the Third 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 said form 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, take possession 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).
(4) Where a reactor is taken possession of under this Article it may be disposed of as a veterinary inspector or an authorised officer thinks fit.
(5) The cost of taking possession of any reactor under paragraph (3) of this Article, and of thereafter maintaining the reactor and disposing of it, may be recovered by the Minister from the owner of the reactor as a simple contract debt in any court of competent jurisdiction.
10. (1) A veterinary inspector or an authorised officer may, by notice in writing served on the owner, occupier or person in charge of any holding or other land 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 authorised officer may also by such notice require such owner, occupier or person in charge to cleanse and disinfect specified parts of the holding or other land within a specified period and in accordance with the provisions set out in the Fourth Schedule to this Order. Such inspector or officer may also by such notice require the disinfection by such owner, occupier or person in charge of any vehicle specified in the notice 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 Fourth 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, a veterinary inspector or an authorised officer may cause the requirements to be complied with and the persons carrying out the requirements are hereby authorised to enter on the relevant holding or other 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) 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.
11. (1) A veterinary inspector or an authorised officer may, by notice in writing served on the owner, occupier or person in charge of any holding or other land, require such owner, occupier or person in charge to confine any reactor specified in the notice, to the holding or other land or any part thereof specified in the notice or to comply with such other restriction of movement of the reactor 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, movement permit, certificate or licence issued in respect of an animal to which the notice relates.
12. (1) The owner, occupier or person in charge of any holding shall maintain the holding in such condition as a veterinary inspector 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 90 days beginning in 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.
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 and Food, 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—
(
a
) notify the District Veterinary Office for the area of the abortion with all practicable speed, or
(
b
) arrange for a specimen of the abortive material or a blood sample from the animal which has aborted to be taken by a registered veterinary surgeon who will submit either or both the specimen and the sample to a laboratory approved for that purpose 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-products either—
(
a
) came direct from an officially brucellosis free herd, or
(
b
) has been converted to powder form.
(2) (
a
) Where a veterinary inspector is satisfied that there is a reactor or are reactors on any holding or other land, he shall forthwith give or send, or cause to be given or sent, to the owner, occupier or person in charge of the holding a notice requiring such owner, occupier or 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 a veterinary inspector 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 by-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 a veterinary inspector.
(
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 on being moved into the State, shall have in his possession a movement permit specifying the destination in the State of the animal and authorising the movement of the animal into the State. Where such an animal is being moved direct to a premises at which it is to be slaughtered, the movement permit shall, in lieu of specifying such destination of the animal specify the premises and the period within which the animal is to be slaughtered. Where such an animal is being moved through the State to a destination outside the State and while in the State, is to be neither unloaded, sold nor otherwise disposed of nor to be in contact with any other animal other than animals being so moved, the movement permit shall specify the port or other place through which the animal is to be moved out of the State.
17. (1) A female animal of any age or a bull aged over 12 months shall not be exposed at any public sale of animals unless such animal comes from an officially brucellosis free herd;
(2) 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 paragraph (1) of this Article are complied with.
18. (1) An eligible animal may not be moved into or out of any holding unless the person in charge of the animal has in his possession a cattle identity card or a movement permit which relates to the animal permitting such movement.
(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 movement permit issued in respect of such movement or identity card in respect of such animal and in case a requirement is made under this paragraph the person of whom it is made shall forthwith comply with the requirement.
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.
(6) Where an ear-tag has been applied to an animal under this Order the person in charge of the animal shall ensure that the ear-tag is not in any way interfered with or altered other than in accordance with this Order.
20. Where—
(
a
) a holding is declared to be a restricted holding under Article 7 of this Order, or
(
b
) a veterinary inspector is satisfied or has reasonable grounds for suspecting that brucellosis is present on other land,
the veterinary inspector may, in such manner as he considers appropriate, cause the existence of such brucellosis to be brought to the notice of the owners, occupiers or persons in charge of such holdings as he considers appropriate.
21. A person having in his possession pursuant to this Order any identity card, movement permit or any other document mentioned in this Order shall, on demand made by a member of the Garda Síochána, a veterinary inspector, an officer of Customs and Excise or an authorised officer, produce the card, permit 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, Article 8 or Article 9 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 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. (1) The owner, occupier or person in charge of any holding shall, if there are any animals thereon, keep such records as the Minister may require of—
(
a
) the births, deaths, acquisitions (by purchase or otherwise) and disposals (by sale or otherwise) of animals which at any time during the period in which the requirement is in force are or have been on the holding or other land, their sex, type and the numbers of the relevant ear-tags,
(
b
) as respects each such animal, where appropriate, the date on which it was moved onto or out of the holding or other land, the address of the place from or to which the movement took place, the name of the vendor or purchaser (if any) concerned and whether or not it was moved for slaughter and if so moved the name of the owner or occupier and the address of the premises to which it was so moved.
(2) Records kept in pursuance of this Article shall be kept in such a manner as shall enable them easily to be read by a veterinary inspector or an authorised officer.
(3) A person by whom records are kept in pursuance of this Article shall produce the records to, and allow them to be inspected by a veterinary inspector or an authorised officer on a request being made in that behalf by such inspector or officer.
25. (1) For the purpose of the prevention and eradication of brucellosis, a person shall not engage in the business of dealing in animals except pursuant to and in accordance with a licence granted for the purposes of this Article by the Minister.
(2) Where a licence granted for the purposes of this Article by the Minister requires the person to whom it is granted to keep records, Article 24 (2) of this Order shall apply to the records as it applies to records kept in pursuance of that Article.
(3) A person by whom records are kept in pursuance of a licence granted for the purposes of this Article by the Minister shall produce the records to, and allow them to be inspected by, a veterinary inspector or an authorised officer on a request being made in that behalf by such inspector or officer.
26. 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 reactors, except that with the approval of a veterinary inspector or authorised officer reactors from a restricted holding may be transported with other animals from the same holding provided that all the animals are going to the same premises for slaughter;
(
b
) reactors in transit to a premises for slaughter shall not be off-loaded save in an emergency at any holding, mart or other land prior to acceptance at the premises at which they are to be slaughtered;
(
c
) any vehicle used for the transport of reactors shall be cleansed and disinfected immediately following the delivery of the reactors to the premises at which they are 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 reactors unless prior to such carriage such vehicle has been cleansed and disinfected.
27. (1) Identity cards shall be valid for such period as stands specified for the time being by the Minister.
(2) An officer of the Minister may issue an identity card in respect of an animal for the purposes of the Order in the form specified in the Fifth Schedule to this Order.
(3) A person shall not alter or make a false or unauthorised entry on an identity card.
(4) Where an identity card has been issued in respect of an animal the person in charge of that animal shall ensure the safekeeping of the card.
28. A veterinary inspector or an authorised officer may, at his discretion, issue a permit (referred to in this Order as a "movement permit") for the purposes of this Order authorising such movement as may be specified in the permit of such animal or animals as may be specified therein and may attach to the permit any conditions (including conditions to be fulfilled after the movement concerned has been effected) which he considers appropriate.
29. A veterinary inspector or an authorised officer may, at his discretion, issue certificates and notices for the purposes of this Order and may attach to such certificates and notices such conditions (if any) which he considers appropriate.
30. The requirements of or the conditions attached to any notice, certificate, permission or movement permit served, issued or granted under or for the purposes of this Order shall be complied with.
31. (1) It is hereby declared that any omission to carry out the requirements of Articles 5 (2) (
c
), 6 (2), 7 (2), 7 (5) (
b
), 8 (1) (
b
), 9 (3), 11 (3), 11 (4), 12 (1), 13, 14, 16, 17 (2), 21, 24, 25 or 26 of this Order or the requirement of Article 18 (2) of this Order as to the production of movement permits or identity cards 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 10, 11 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.
32. 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 landforms 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.
33. Any function conferred on the Minister by this Order may be performed by an officer of the Minister duly authorised by him in that behalf.
34. Each of the orders specified in the Sixth Schedule to this Order is hereby revoked.
FIRST SCHEDULE
Article 5 (2) (b)
Department of Agriculture and Food
Brucellosis in Cattle (General Provisions) Order, 1991
Declaration of Presentation of Animals and Surrender of Identity Cards.
*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 in *Dealer/Herd Number .................... 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 at ................. are the only eligible animals in my possession or under my control in *Dealer/Herd Number ...................... 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 animals in my possession or under my control in *Dealer/Herd Number ........................
I hereby certify that the information contained herein is true in every particular.
*Signature of Owner
............................................................ ...................
Date
...............................
or Person in Charge for or on behalf of the Owner.
Witness
............................................................ ......................................
Date
...............................
Testing Facilities on Holding
The testing facilities on this holding *are/are not adequate for the purpose of taking blood samples under the Brucellosis Eradication Scheme.
Signed
............................................................ .........................................
Date
...............................
Registered Veterinary Surgeon/lay sampler*
*Delete as appropriate.
Note: Refusal or failure to give information or the wilful or negligent giving of false or misleading information is an offence under
Section 48
of the
Diseases of Animals Act, 1966
.
Article 7
SECOND SCHEDULE
PART I
Department of Agriculture and Food Brucellosis in Cattle (General Provisions) Order, 1991 Notification regarding restriction on holding.
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 movement permit, namely, all female animals and bulls aged 12 months or over.
(2) Any brucellosis reactor in the above holding must be effectively isolated.
(3) All houses used for housing animals and all pens, fittings and receptacles used for animals should be cleansed and disinfected without delay.
(4) 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.
(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) Any manure slurry on the above-mentioned holding should be stored for at least a period to be specified by a veterinary inspector prior to being moved off or spread on the holding.
(9) Receptacles containing an approved disinfectant should be placed at any entrance to or exit from the above-mentioned holding or any animal housing thereon.
Signed
............................................................ .........................................
Date
...............................
Veterinary Inspector
PART II
Department of Agriculture and Food
Brucellosis in Cattle (General Provisions) Order, 1991
Withdrawals of declaration of holding as a restricted holding.
To: (Herdowner's Name/Address)
........................................................
........................................................
........................................................
........................................................
Herd Number: ................................
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 at ........................................ to be a restricted holding.
Accordingly, the provisions contained in Part I of the Second Schedule to the above Order no longer apply to the above holding.
Signed
............................................................ .........................................
Date
...............................
Veterinary Inspector
THIRD SCHEDULE
Article 9
Department of Agriculture and Food
Brucellosis in Cattle (General Provisions) Order, 1991
Notice to owner or person in charge of reactor.
To: (Herdowner's Name/Address)
........................................................
........................................................
........................................................
........................................................
Herd Number: ................................
I, the undersigned, being a veterinary inspector, hereby require you the owner of the undermentioned animal(s) which *is/are reactor(s)
Ear Tag No.
Breed
Description
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S.I. No. 114 of 1991.
BRUCELLOSIS IN CATTLE. (GENERAL PROVISIONS) ORDER, 1991.
I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, 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 (Alteration of Name of Department and Title of Minister) Order, 1987 (
S.I. No. 97 of 1987
)), hereby order as follows