Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989

• Jurisdiction: Ireland
• Citation: IR SI 308/1989

S.I. No. 308 of 1989.

BOVINE TUBERCULOSIS (ATTESTATION OF THE STATE AND GENERAL PROVISIONS) ORDER, 1989.

I, MICHAEL O`KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me by sections 3 , 13 , 14 , 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: 1. (1) This Order may be cited as the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989.

(2) This Order shall come into operation on the 4th day of December, 1989. 2. In this Order—

"the Act" means the Diseases of Animals Act, 1966 (No. 6 of 1966);

"animal", except in Articles 9 and 30 and paragraph 4 of Part II of the Second Schedule to this Order, means a bovine animal;

"approved ear-tag" means an ear-tag which is of a pattern approved of by the Minister and which complies with the other requirements of Article 24 of this Order;

"approved disinfectant" means a disinfectant specified in the Schedule to, or approved of by the Minister under, the Diseases of Animals (Disinfectants) Order, 1975 ( S.I. No. 273 of 1975 );

"authorised officer" means a person appointed by the Minister in writing to be an authorised officer for the purposes of this Order;

"dealer" means any person who purchases any animal not for the purpose of keeping it for farming purposes but for the purpose of disposing of it by sale or otherwise but not by slaughter;

"District Veterinary Office" means a district veterinary office of the Department of Agriculture and Food:

"free" means—

( a ) in relation to a herd, that the herd is one to which a herd number is for the time being allocated by the Department of Agriculture and Food and one which is not for the time being on a restricted holding,

( b ) in relation to an animal, that the animal is of a herd which is both—

(i) a free herd, and

(ii) for the time being on land which is not comprised in a restricted holding;

"herd" means the animals which are for the time being on a particular holding and in case only one animal is for the time being on a particular holding, the animal shall for the purpose of this Order be regarded as being a herd;

"herdowner" means the owner of a herd to which a herd number is for the time being allocated by an officer of the Minister and where a herd consists of animals belonging to more than one owner they shall nominate the herd owner in respect of the herd;

"holding", means all the land either used by an owner of animals, whether solely or jointly with any other person or persons, for farming purposes or used by a dealer for or in connection with an animal purchased or disposed of (by sale or otherwise) by him;

"identity card" means an identity card issued under Article 32 of this Order or in respect of an animal by an officer of the Minister before the commencement of this Order;

"licence" means a licence granted under Article 29 of this Order or by the Minister before the commencement of this Order;

"the Minister" means the Minister for Agriculture and Food;

"movement permit" means a permit issued under Article 33 of this Order;

"private test" means a test of all the animals, or of specific animals only, in a herd and which is both carried out at the herdowner's expense and authorised by a veterinary inspector;

"reactor" means an animal which, by reason of a test or otherwise, a veterinary inspector believes or suspects is affected with bovine tuberculosis or is capable of infecting other animals with bovine tuberculosis;

"registered veterinary surgeon" has the same meaning as assigned to it by section 1 of the Veterinary Surgeons Act, 1931 (No. 36 of 1931);

"restricted holding" means a holding as respects which there is for the time being in force a declaration made under Article 12 of this Order;

"test" means a test of an animal for bovine tuberculosis;

"veterinary inspector" means a registered veterinary surgeon who is employed wholetime by the Minister;

"veterinary surgeon" means a registered veterinary surgeon;

and cognate words shall be construed accordingly. 3. It appearing to the Minister to be necessary for the eradication of bovine tuberculosis and the Minister being satisfied that bovine tuberculosis is virtually nonexistent in the State, for the purposes of such eradication and of the Act the State is hereby declared to be an attested or disease-free area. 4. Cattle shall not be vaccinated against bovine tuberculosis or Johne's disease (para-tuberculosis) except with the approval of the Minister. 5. (1) A test shall not be carried out without the approval of a veterinary inspector.

(2) Where a veterinary surgeon enters on any holding with the intention of carrying out a test on any animals thereon, he may if he so thinks fit, require the owner, occupier or person in charge of the holding to make a declaration in writing in the form specified in the First Schedule to this Order. 6. (1) The following provisions shall have effect in relation to a test:

( a ) the test to be used shall be the single comparative intradermal tuberculin test using PPD Weybridge bovine and avian tuberculins or a test specified in an authorisation in writing by the Minister which is for the time being in force;

( b ) the test shall be carried out by a registered veterinary surgeon;

( c ) the whole of the test shall be carried out by the same veterinary surgeon, except where otherwise authorised by a veterinary inspector, and the test shall be commenced and completed on the same holding;

( d ) the test shall not be carried out in circumstances which might affect its accuracy;

( e ) the owner or person in charge of an animal proposed to be or being tested shall inform the veterinary surgeon carrying out the test of the existence of any circumstances of which he may be aware including the previous use or application of johnin which might affect the accuracy of the test;

( f) each site at which tuberculin is injected shall, immediately before the injection of the tuberculin, be closely clipped over an area which is not less than that enclosed by a circle of 2.5 centimetres diameter;

( g ) on the day on which the test is commenced, the veterinary surgeon carrying out the test shall send a notice of the test by post to the veterinary inspector in charge of the District Veterinary Office in the area in which the test is carried out;

( h ) if the animal being tested does not already bear an approved ear-tag the following provisions shall be complied with:

(i) the veterinary surgeon carrying out the test shall, at the commencement of the test, attach an approved ear-tag to the left ear of the animal concerned,

(ii) such approved ear-tag shall bear the identification letter appropriate to the county in which the test is carried out and a serial number, and

(iii) the owner or person in charge of the animal shall permit such approved ear-tag to be so attached;

( i) prior to the commencement of any test the owner or person in charge of the animal or animals proposed to be tested shall surrender to the veterinary surgeon who is to carry out the test every identity card issued in respect of any animal on the holding on which the test is proposed to be carried out;

( j ) (i) where a test, other than a test authorised under paragraph (2) of this Article, is carried out and the owner, occupier or person in charge of a holding omits to present for testing all the animals for the time being on the holding on which the test is carried out, the omission by him is hereby declared to be an offence,

(ii) prior to the commencement of any such test the owner or person in charge of the animal or animals intended to be tested, shall, if required by a veterinary inspector or an authorised officer or by the veterinary surgeon intending to carry out the test, make a declaration in writing in the form specified in the First Schedule to this Order;

( k ) the veterinary surgeon carrying out the test shall report the result thereof to the District Veterinary Office in the area in which the test was carried out without delay in such form as may be directed by or on behalf of the Minister from time to time, and attach thereto any declaration made (if any) under Article 5 (2) of this Order or under subparagraph (j) (ii) of this paragraph;

( l ) where, in the opinion of the veterinary surgeon who carried out the test, an animal tested has given a positive result, the veterinary surgeon shall forward to the District Veterinary Office in the area in which the test was carried out, with his report under subparagraph (k) of this paragraph, all the identity cards surrendered to him in accordance with subparagraph (i) of this paragraph;

( m ) where, in the opinion of the veterinary surgeon who carried out the test, none of the animals tested has given a positive or inconclusive result, the veterinary surgeon shall endorse each of the identity cards surrendered to him in accordance with the said subparagraph (i) of this paragraph with an indication that the animal concerned has passed the test and return the identity cards, when duly endorsed, to the owner, occupier or person in charge of the holding on which the test was carried out;

( n ) where, in the opinion of the veterinary surgeon who carried out the test, none of the animals tested has given a positive result but the result of the test has as regards any animal or animals been inconclusive, the veterinary surgeon shall—

(i) forward to the District Veterinary Office in the area in which the test was carried out, with his report under subparagraph (k) of this paragraph, the identity card of each animal as respects which the result of the test was, in his opinion, inconclusive, and

(ii) endorse each of the remaining identity cards surrendered to him in accordance with...