Animal Health and Welfare Act 2013 (2013_act_15) | IE

ISB Act 2013-05-29

Schedule 1 Animal Health and Welfare Act 2013 Open official source

SCHEDULE 1 Enactments Repealed

SCHEDULE 1

Enactments Repealed

Section 4.

Session and Chapter or Number and Year

Session and Chapter or

Number and Year

Short Title or Subject

Extent of Repeal

(1)

(2)

(3)

5 & 6 Vict., c. 24

Dublin Police Act 1842

Sections 8 and 17(5)

10 & 11 Vict., c. 89

Town Police Clauses Act 1847

Sections 28 and 36

17 & 18 Vict., c. 103

Towns Improvement (Ireland) Act 1854

Sections 72 and 75

41 & 42 Vict., c. 52

Public Health (Ireland) Act 1878

Section 57(1)

50 & 51 Vict., c. 27

Markets and Fairs (Weighing of Cattle) Act 1887

The whole Act

54 & 55 Vict., c. 70

Markets and Fairs (Weighing of Cattle) Act 1891

The whole Act

8 Edw. 7, c. 34

Bee Pest Prevention (Ireland) Act 1908

The whole Act

1 & 2 Geo. 5, c. 27

Protection of Animals Act 1911

The whole Act

11 & 12 Geo. 5, c. 13

Captive Birds Shooting (Prohibition) Act 1921

The whole Act

11 & 12 Geo. 5, c. 16

Importation of Plumage (Prohibition) Act 1921

The whole Act

No. 16 of 1933

Musk Rats Act 1933

The whole Act

No. 42 of 1934

Slaughter of Cattle and Sheep Act 1934

The whole Act

No. 37 of 1935

Slaughter of Cattle and Sheep (Amendment) Act 1935

The whole Act

No. 45 of 1935

Slaughter of Animals Act 1935

The whole Act

No. 20 of 1936

Flax Act 1936

The whole Act

No. 33 of 1936

Slaughter of Cattle and Sheep (Amendment) Act 1936

The whole Act

No. 14 of 1938

Agricultural Products (Regulation of Import) Act 1938

The whole Act

No. 18 of 1947

Agricultural and Fishery Products (Regulation of Export) Act 1947

The whole Act

No. 27 of 1947

Clean Wool Act 1947

The whole Act

No. 49 of 1947

Poultry Hatcheries Act 1947

The whole Act

No. 9 of 1950

Flax Act 1936 (Suspension) Act 1950

The whole Act

No. 10 of 1965

Protection of Animals (Amendment) Act 1965

The whole Act

No. 6 of 1966

Diseases of Animals Act 1966

The whole Act

No. 20 of 1967

Livestock Marts Act 1967

The whole Act

No. 26 of 1968

Wool Marketing Act 1968

The whole Act

No. 26 of 1979

Bovine Diseases (Levies) Act 1979

The whole Act

No. 11 of 1984

Wool Marketing Act 1984

The whole Act

No. 13 of 1984

Protection of Animals Kept for Farming Purposes Act 1984

The whole Act

No. 13 of 1985

Control of Bulls for Breeding Act 1985

The whole Act

No. 32 of 1986

Control of Dogs Act 1986

Sections 20, 24 and 29

No. 5 of 1996

Bovine Diseases (Levies) (Amendment) Act 1996

The whole Act

No. 37 of 1996

Control of Horses Act 1996

Sections 43, 44 and 48

No. 2 of 2000

National Beef Assurance Scheme Act 2000

The whole Act

No. 3 of 2001

Diseases of Animals (Amendment) Act 2001

The whole Act

No. 29 of 2001

Agriculture Appeals Act 2001

Sections 12 and 13

ISB Act 2013-05-29

Schedule 2 Animal Health and Welfare Act 2013 Open official source

SCHEDULE 2 Diseases to which Act applies

SCHEDULE 2

Diseases to which Act applies

Sections 2 and 7.

1. Acariasis

2. African horse sickness

3. African swine fever

4. American Foulbrood

5. Anthrax

6. Arizona disease in poultry (Salmonella arizoniae)

7. Aujeszky’s disease

8. Avian chlamydiosis (psittacosis)

9. Avian infectious laryngotracheitis

10. Avian influenza (including highly pathogenic avian influenza and low pathogenic avian influenza)

11. Avian mycoplasmosis (caused by or involving Mycoplasma gallisepticum, Mycoplasma meleagridis or Mycoplasma synovia)

12. Avian paramyxovirus (including Newcastle disease and paramyxovirus of pigeons)

13. Bacterial Kidney Disease (BKD)

14. Bluetongue

15. Bovine viral diarrhoea

16. Brucellosis in ruminants and swine

17. Caprine arthritis/encephalitis

18. Classical swine fever

19. Contagious agalactia

20. Contagious bovine pleuropneumonia

21. Contagious caprine pleuropneumonia

22. Contagious equine metritis

23. Crimean Congo haemorrhagic fever

24. Dourine

25. Echinococcosis (caused by Echinococcus multilocularis)

26. Enzootic abortion of ewes

27. Enzootic bovine leukosis

28. Epizootic haemorrhagic disease

29. Epizootic haematopoietic necrosis

30. Epizootic ulcerative syndrome

31. Equine encephalomyelitis (including Western Equine Encephalomyelitis and Eastern Equine Encephalomyelitis)

32. Equine infectious anaemia

33. Epizootic lymphangitis in equidae

34. Equine piroplasmosis

35. Equine viral arteritis

36. European foulbrood

37. Foot-and-Mouth disease

38. Fowl typhoid (Salmonella gallinarum)

39. Glanders (farcy) in equidae

40. Goat pox

41. Hendra virus

42. Infectious bovine rhinotracheitis/ infectious pustular vulvovaginitis

43. Infection with Bonamia exitiosa

44. Infection with Bonamia ostreae

45. Infection with Gyrodactylus salaris

46. Infection with Marteilia refringens

47. Infection with Microcytos mackini

48. Infection with Ostreid Herpes virus - var

49. Infection with Perkinsus marinus

50. Infectious haematopoietic necrosis (IHN)

51. Infectious salmon anaemia (ISA)

52. Japanese encephalitis

53. Koi herpes virus (KHV)

54. Lumpy skin disease

55. Maedi Visna

56. Monkey pox virus

57. Nosema ceranae

58. Ovine pulmonary adenomatosis (Jaagsiekte)

59. Parasitic mange

60. Peste des petits ruminants

61. Paratuberculosis in ruminating animals (Johnes disease)

62. Porcine epidemic diarrhoea

63. Porcine reproductive and respiratory syndrome (PRRS or blue ear)

64. Pullorum disease (Salmonella pullorum)

65. Q fever

66. Rabies

67. Rift Valley fever

68. Rinderpest (cattle plague)

69. Salmonellosis (caused by or involving Salmonella enteriditis or Salmonella typhimurium)

70. Salmonellosis in poultry (caused by or involving Salmonella hadar, Salmonella infantis or Salmonella virchow)

71. Sheep pox

72. Sheep scab

73. Small hive beetle (Aethina tumidae)

74. Spring viraemia of carp (SVC)

75. Surra (Trypsanoma evansi)

76. Swine influenza

77. Swine vesicular disease

78. Taura syndrome

79. Teschovirus encephalomyelitis

80. Transmissible gastro-enteritis (porcine respiratory corona virus)

81. Transmissible spongiform encephalopathies, including bovine spongiform encephalopathy and scrapie

82. Trichinellosis

83. Tropilaelops mite (Tropilaelops spp.)

84. Tuberculosis in ruminants

85. Varroasis in bees

86. Venezuelan Equine Encephalomyelitis

87. Vesicular stomatitis

88. Viral haemorrhagic septicaemia (VHS)

89. Warble fly infestation

90. White Spot disease

91. West Nile fever

92. Yellowhead disease

ISB Act 2013-05-29

Schedule 3 Animal Health and Welfare Act 2013 Open official source

SCHEDULE 3 Matters in respect of which Animal Health and Welfare Regulations may be made

SCHEDULE 3

Matters in respect of which Animal Health and Welfare Regulations may be made

Section 36(1).

Housing and Husbandry of animals

1. To provide for proper husbandry and management of animals, for proper farming practice and for appropriate welfare standards for animals at all stages of their lives, including during sale, transport or, in the case of farm animals, lairaging or at slaughter.

2. The provision of a proper supply of food and liquid to an animal.

3. To provide that an animal has adequate space for movement, exercise, socialisation and other needs.

4. The provision, maintenance, specifications and equipment of containment in relation to an animal, including the—

(a) dimensions and layout of housing,

(b) materials to be used in constructing housing, and

(c) lighting, heating, cooling and ventilation of housing.

5. The operation, management and supervision of land or premises on which an animal is kept.

6. The standards and maintenance of land or premises on which an animal is kept or that is otherwise used in connection with an animal.

7. The provision and maintenance of drainage, water supply or other facilities for an animal, including the sanitation of land or premises on which an animal is kept or otherwise used.

8. The protection of animals from adverse weather or other environmental conditions.

Disease control and veterinary

9. The notification of the existence or suspected existence of disease.

10. The provision of treatment by a veterinary practitioner or other appropriate person.

11. The isolation, segregation, treatment (including disinfecting, cleaning and treatment with an insecticide or other substance), storage or disposal of an animal, animal product, animal feed, vehicle, vessel, aircraft, machinery, equipment, land or premises or other thing used in connection with an animal, animal product or animal feed.

12. The submission of animals, animal products, animal feed and other things for testing or for the taking of samples.

13. Requiring that animals, animal products, animal feed or other things (or samples from animals, animal products, animal feed or other things) be tested for the purposes of preventing the risk of disease, disease control or surveillance and are subjected to examination, test or analyses in a manner specified.

Identification of animals

14. The identification (by means of tags, microchips, documents, genetic or electronic means, or otherwise) of an animal, including notification of the birth, death, sale, movement or other event relating to an animal.

15. The manufacture, import, distribution, sale, supply, possession, control, use or disposal of means of identification or other thing (including a record) relating to the identification of an animal.

16. The prohibition of tampering with, removal, forgery or alteration of, and the regulation of the means of, identification or other thing (including a document) relating to the identification of an animal.

Measures to be taken regarding animals

17. The destruction, burial or disposal of an animal, animal product, animal feed, litter, vehicle, vessel, aircraft, container, equipment, machinery or other thing used in connection with an animal, animal product or animal feed.

18. The regulation (including prohibition) of examination, taking of samples or carrying out of tests and analyses on an animal, a sample taken from an animal, animal product, animal feed,litter, bedding, vehicle, vessel, aircraft, container, equipment, machinery or other thing used in connection with an animal.

19. The provision of biosecurity measures, including the use of personal protective equipment and the cleansing or disinfecting of clothing, equipment, machinery, land or premises.

20. The maintenance and repair of boundary fences, walls or other structures.

Transport or movement of animals

21. The regulation (including prohibition) of transport or movement of animals, animal products or animal feed, including notification of their transport or movement and related matters.

22. The transport or movement of an animal, animal product or animal feed, a vehicle or container, or vessel or aircraft, used in connection with the transport or movement of an animal or other thing referred to in this paragraph, including the—

(a) standards required of equipment, a vessel, aircraft, vehicle, container or other thing used for, or ancillary to, the transport or movement of an animal, animal product or animal feed, and

(b) care, including feeding, watering and rest periods of an animal during transport or movement.

23. The information to accompany an animal or to be provided before or after an animal is transported or moved including details of the person to whom, and manner in which, the information is to be provided.

24. The regulation or prohibition on the import into, or export from, the State of an animal, animal product, animal feed, litter, bedding, farm machinery, animal transport vehicles and other equipment used with or in connection with a thing to which this paragraph refers, including—

(a) notice to be given prior to the import or export,

(b) places of departure from, or entry into, the State,

(c) documentation to accompany an animal, animal product, animal feed, litter, farm machinery, animal transport vehicles or other equipment being imported or exported.

Regulation of activities relating to animals

25. The regulation or prohibition of—

(a) keeping, breeding, rearing or other use of an animal in such a manner as to avoid unnecessary suffering to the animal,

(b) breeding of animals (including zootechnical matters) to protect or enhance their health and welfare including—

(i) their possession and sale, and

(ii) the use of their semen, ova, eggs, embryos and foetuses.

26. The regulation of the possession, purchase, movement, agistment, sale or supply of an animal, animal product, animal feed, litter, bedding, farm machinery or farm equipment.

27. The regulation of land or premises on which animals, animal products or animal feed are kept or are sold or supplied or animals are shown, compete, or are used in connection with a sporting or cultural activity.

28. The regulation or prohibition on gatherings of animals or people (including at sporting events) in the interests of animal welfare to prevent the risk of, spread of, or the eradication of, disease.

29. The regulation or prohibition of the killing of animals, including the method and manner of such killing by specified persons trained for that purpose.

The regulation or prohibition of the movement of persons

30. The regulation or prohibition of the possession, acquisition, sale, supply, movement, transport or export of farm animals, including horned animals, which, in the opinion of the Minister, constitute a danger to other animals or human beings.

31. The erection of notices stating that disease is present on, or entry is prohibited to, any land or premises, and related matters.

Regulation of veterinary and other procedures

32. The regulation or prohibition of operations and procedures (including docking of the tails of animals).

33. The regulation of the use of anaesthetics or analgesics during operations and procedures on animals.

34. The prophylactic or therapeutic treatment of animals with animal remedies.

35. The regulation of laboratories used to examine, test and analyse samples having regard to equipment, procedures, sample integrity and personnel.

36. The regulation or prohibition of the use or possession of vaccines in the interest of animal health.

Animal health and welfare control programmes

37. The provision of controls either generally or in relation to a particular area in respect of animal populations for the purposes of promoting, maintaining or improving animal health and welfare, including—

(a) programmes for the identification (including microchipping), neutering, spaying or humane destruction of animals,

(b) regulation (including prohibition) of the sale orsupply of an animal unless identified, neutered or spayed,

>(c) identifying (including microchipping), neutering or spaying an animal detained under this or any other enactment prior to returning the animal or supplying it to any person, and

(d) the provision of sufficient security by a person to identify, neuter or spay an animal.

Administrative

38. To facilitate a census of animals at risk of, or affected or suspected of being affected with, disease in a particular area.

39. The carrying out of surveys or programmes to monitor, assess or enhance animal welfare or animal health, to monitor or assess disease, or disease surveillance.

40. The granting of licences, permits, approvals or authorisations, certificates or other documents in respect of any matter or activity referred to in this Act and the attachment of conditions to such and the limitation or restriction of them should any conditions not be met.

41. An application for any of the documents referred to in paragraph 40 and appeal procedures by an applicant refused such document and, in the case of the suspension or revocation of such, by its holder.

42. The extent to which animal health and welfare regulations are to be administered by local authorities.

43. The form, content, maintenance and production of records.

44. The registration of animals and premises where animals are kept, sold, processed, moved or otherwise dealt with.

45. The undertaking of training by persons or classes of persons and the provision of training by persons or classes of persons.

EU matters

46. Requiring compliance with, or prohibiting a contravention of, an act adopted by an institution of the European Union.

47. Any other matter relating to an animal, animal product, animal feed or disease or animal health and welfare the subject of an act adopted by an institution of the European Union.

ISB Act 2013-05-29

Schedule 4 Animal Health and Welfare Act 2013 Open official source

SCHEDULE 4 Statutory Instruments considered to be Animal Health and Welfare Regulations

SCHEDULE 4

Statutory Instruments considered to be Animal Health and Welfare Regulations

Section 75.

Orders under the Diseases of Animals Act 1966

1.

The Importation of Dogs and Cats Order 1929 (S.R. & O., No. 4 of 1929)

2.

Importation of Dogs and Cats (Amendment) (No. 2) Order 1970 (S.I. No. 203 of 1970)

3.

Rabies (Importation, Landing and Movement of Animals) Order 1972 (S.I. No. 16 of 1972)

4.

Warble Fly (Notification and Treatment) Order 1975 (S.I. No. 267 of 1975)

5.

Rabies Order 1976 (S.I. No. 94 of 1976)

6.

Rabies (Importation, Landing and Movement of Animals) (Amendment) Order 1976 (S.I. No. 95 of 1976)

7.

Warble Fly (Notification and Treatment) (Amendment) Order 1977 (S.I. No. 10 of 1977)

8.

Warble Fly Order 1981 (S.I. No. 338 of 1981)

9.

Diseases of Animals (Feeding and Use of Swill) Order 1985 (S.I. No. 153 of 1985)

10.

Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1989 (S.I. No. 308 of 1989)

11.

Brucellosis in Cattle (General Provisions) Order 1991 (S.I. No. 114 of 1991)

12.

Diseases of Animals (Poultry Feed) Order 1991 (S.I. No. 364 of 1991)

13.

Diseases of Animals (Carriage of Cattle by Sea) Order 1996 (S.I. No. 17 of 1996)

14.

Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 1996 (S.I. No. 85 of 1996)

15.

Brucellosis in Cattle (General Provisions) (Amendment) Order 1996 (S.I. No. 86 of 1996)

16.

Importation of Pathogenic Agents Order 1997 (S.I. No. 373 of 1997)

17.

Brucellosis in Cattle (General Provisions) (Amendment) Order 1998 (S.I. No. 39 of 1998)

18.

Diseases of Animals (Carriage of Cattle by Sea) (Amendment) Order 1998 (S.I. No. 343 of 1998)

19.

Diseases of Animals (Carriage of Cattle by Sea) (Amendment) (No. 2) Order 1998 (S.I. No. 506 of 1998)

20.

Brucellosis in Cattle (General Provisions) (Amendment) Order 2000 (S.I. No. 57 of 2000)

21.

Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 2000 (S.I. No. 161 of 2000)

22.

Diseases of Animals (Transmissible Spongiform Encephalopathies in Sheep and Goats) Order 2001 (S.I. No. 450 of 2001)

23.

Diseases of Animals (Prohibition on the Use of Swill) Order 2001 (S.I. No. 597 of 2001)

24.

Diseases of Animals Act (Carriage of Cattle by Sea) Order 1996 (Extension to Sheep and Consequential Provisions) Order 2002 (S.I. No. 99 of 2002)

25.

Diseases of Animals Act 1966 (National Pig Identification and Tracing System) Order 2002 (S.I. No. 341 of 2002)

26.

Brucellosis in Cattle (General Provisions) (Amendment) Order 2002 (S.I. No. 415 of 2002)

27.

Diseases of Animals Act 1966 (Aujeszky’s Disease) Order 2002 (S.I. No. 479 of 2002)

28.

Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) Order 2002 (S.I. No. 528 of 2002)

29.

Bovine Tuberculosis (Attestation of State and General Provisions) (Amendment) Order 2003 (S.I. No. 32 of 2003)

30.

Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2003 (S.I. No. 159 of 2003)

31.

Importation of Dogs and Cats Order 2003 (S.I. No. 192 of 2003)

32.

Diseases of Animals Act 1966 (Monkey Pox Virus) Order 2003 (S.I. No. 279 of 2003)

33.

Brucellosis in Cattle (General Provisions) (Amendment) Order 2003 (S.I. No. 700 of 2003)

34.

Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2004 (S.I. No. 508 of 2004)

35.

Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 2005 (S.I. No. 7 of 2005)

36.

Diseases of Animals Act 1966 (Goat Identification) Order 2006 (S.I. No. 79 of 2006)

37.

Diseases of Animals Act 1966 (Foot and Mouth Disease) (Disinfection facilities) Order 2007 (S.I. No. 574 of 2007)

38.

Diseases of Animals (Animal Transport) (Roll-on Roll-off vessels) Order 2007 (S.I. No. 580 of 2007)

39.

Brucellosis in Cattle (General Provisions) (Amendment) Order 2007 (S.I. No. 666 of 2007)

40.

Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2007 (S.I. No. 765 of 2007)

41.

Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) Order 2008 (S.I. No. 101 of 2008)

42.

Diseases of Animals Act 1966 (Transmissible Spongiform Encephalopathies) (Fertilisers and Soil Improvers) Order 2008 (S.I. No. 253 of 2008)

43.

Diseases of Animals Act 1966 (Prohibition on the Use of Swill) (Amendment) Order 2009 (S.I. No. 12 of 2009)

44.

Brucellosis in Cattle (General Provisions) (Amendment) Order 2009 (S.I. No. 357 of 2009)

45.

Rabies (Importation, Movement and Landing of Animals) Order 2009 (S.I. No. 261 of 2009)

46.

Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2009 (S.I. No. 323 of 2009)

47.

Diseases of Animals Act 1966 (Control on salmonella in swine) Order 2009 (S.I. No. 522 of 2009)

48.

Diseases of Animals Act 1966 (Control on Animal and Poultry Vaccines) (Amendment) Order 2010 (S.I. No. 289 of 2010)

49.

Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 2010 (S.I. No. 307 of 2010)

50.

Diseases of Animals Act 1966 (National Pig Identification and Tracing System) (Amendment) Order 2010 (S.I. No. 364 of 2010)

51.

Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) (Amendment) Order 2010 (S.I. No. 475 of 2010)

52.

Diseases of Animals Act 1966 (Control of Salmonella in Ducks) Order 2010 (S.I. No. 565 of 2010)

53.

Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) (Amendment) Order 2011 (S.I. No. 277 of 2011)

54.

Brucellosis in Cattle (General Provisions) (Amendment) Order 2012 (S.I. No. 554 of 2012)

55.

Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 2012 (S.I. No. 555 of 2012)

Animal Health and Welfare Act 2013

Statutory Text (4 Articles)

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