Bovine Viral Diarrhoea Regulations 2017.

• Jurisdiction: Ireland
• Citation: IR SI 30/2017
• Year: 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd February, 2017.

I, MICHAEL CREED, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 36 of the Animal Health and Welfare Act 2013 (No. 15 of 2013), hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Bovine Viral Diarrhoea Regulations 2017 and come into operation on 30 January 2017.

Interpretation

2. In these Regulations—

“approved tag” means a tag within the meaning of the European Communities (Identification of Bovines) Regulations 2009;

“submit” in relation to a sample means submission of the sample with any ancillary documentation, fee or other material required by a designated laboratory;

“supplementary tag” means a tag, other than an approved tag, that includes a robust container that operates in such a manner that when the tag is attached to a bovine, the tag takes a sample from the bovine, seals itself or is sealable in the container without interfering with the integrity of the sample and has marked on it the identification of the bovine;

“tissue tag” means an approved tag that includes a robust container that operates in such a manner that when the tag is attached to a bovine, the tag takes a sample from the bovine, seals itself or is sealable in the container without interfering with the integrity of the sample and has marked on it the identification of the bovine.

Duty to test

3. (1) A person who has a bovine in his or her possession or under his or her control shall no later than when it attains the age of 20 days take a sample from the bovine using a tissue tag or supplementary tag and shall, as soon as possible but in any event within such period as recommended by the designated laboratory to which it is to be submitted, submit the sample to that designated laboratory for testing for the bovine viral diarrhoea virus.

(2) Paragraph (1) does not apply to a bovine born before 1 January 2013 or from which a sample was taken under the Bovine Viral Diarrhoea Order 2012 or the Bovine Viral Diarrhoea Regulations 2014.

Inadequate or missing sample

4. If a person having possession or being in control of a bovine which has been sampled in accordance with Regulation 3 is advised by a designated laboratory that the sample could not be subjected to analysis, he or she—

(a) shall take a sample from the bovine using a supplementary tag, or

(b) cause a blood sample to be taken from the bovine,

and shall, as soon as possible, but in any event within such period as recommended by the designated laboratory to which it is to be submitted, submit or cause the sample to be submitted to that laboratory for analysis for the bovine viral diarrhoea virus.

Dead, Aborted or Stillborn bovines

5. If a bovine is aborted or stillborn, or if a bovine which is required to be sampled in accordance with Regulation 3 dies prior to being sampled, the person having possession or control of that bovine shall take a sample from the bovine using a tissue tag or supplementary tag and shall, as soon as possible, but in any event within such period as recommended by the designated laboratory to which it is to be submitted, submit the sample to that laboratory for testing for the bovine viral diarrhoea virus.

Where sampling or re-sampling is not possible

6. Where a person having possession or control of a bovine which is required to be sampled under Regulation 3, 4 or 5, is unable to take a valid sample from the bovine, he or she shall immediately notify this fact to the Minister or person nominated by the Minister to receive such information.

Repeat analysis following initial positive or inconclusive result

7. Nothing in these Regulations prevents a person, having possession or control of a bovine which on initial analysis has had a positive or inconclusive result, from causing a blood sample to be taken from that bovine by a veterinary practitioner who shall submit the sample to a designated laboratory for analysis for bovine viral diarrhoea virus, provided 21 days have elapsed since the last such sample was taken from the bovine.

Additional follow-up testing

8. (1) Subject to paragraph (2), if a person is informed by notice in writing issued by or on behalf of the Minister that a bovine in his or her possession or under his or her control is suspected of being affected with bovine viral diarrhoea virus, he or she shall in accordance with the notice cause a blood sample to be taken from that bovine by a veterinary practitioner and shall, as soon as possible, but in any event within such period as recommended by the designated laboratory to which it is to be submitted, submit or cause the sample to be submitted to that laboratory for testing for bovine viral diarrhoea virus.

(2) A person in receipt of a notice under...