Brucellosis In Cattle (General Provisions) Order, 1980

JurisdictionIreland
CitationIR SI 286/1980

S.I. No. 286 of 1980.

BRUCELLOSIS IN CATTLE (GENERAL PROVISIONS) ORDER, 1980.

I, Ray MacSharry, Minister for Agriculture, it appearing to me to be necessary for the progressive eradication of brucellosis in cattle, 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 and Fisheries (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 31 of 1977 ), hereby order as follows:

1. (1) This Order may be cited as the Brucellosis in Cattle (General Provisions) Order, 1980

(2) This Order shall come into operation on the 1st day of October, 1980

2. In this Order—

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

"animal", except in Article 15 (1), means a bovine animal;

"anti-abortion vaccine" means any vaccine intended for use in the vaccination of an animal against brucellosis;

"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 19 of this Order;

"approved laboratory" means a laboratory approved of by the Minister for the purposes of this Order;

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

"brucellosis" means brucellosis in cattle;

"Brucellosis (Certified) Herd" means a herd which is for the time being entered in the Register of Brucellosis (Certified) Herds kept by the Minister;

"certified herd" means a herd in the Free Area in respect of which brucellosis certified cards have been issued by the Minister and which is not for the time being on a restricted holding;

"clearance area" means the area declared to be a clearance area under Article 3 (a) of this Order;

"District Veterinary Office" means a district veterinary office of the Department of Agriculture;

"eligible animal" means any female animal aged twelve months or over or any male animal aged twelve months or over except a castrate;

"free area" means the area declared to be a free area under Article 3 (b) of this Order;

"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 purposes 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 the Department of Agriculture;

"holding" means all the land used by a herdowner, whether solely or jointly with any other person or persons, for farming purposes;

"identity card" means an identity card issued by the Minister in respect of an animal;

"the Minister" means the Minister for Agriculture;

"Officially Brucellosis Free Herd" means a herd which is for the time being entered in the Register of officially Brucellosis Free Herds kept by the Minister;

"reactor" means an animal which by reason of the result of a test or otherwise a veterinary inspector believes to be, or suspects of being, affected with brucellosis or capable of affecting other animals with brucellosis;

"restricted holding" means a holding as respects which there is for the time being in force a declaration made under Article 7 of this Order;

"sample" means a sample taken from an animal in the course of a test and comprised of one or more of the following:

( a ) in the case of a male animal—blood or semen

( b ) in the case of a female animal—blood, milk, vaginal mucus, foetus or placenta;

"test" means a test for brucellosis and includes the taking of a sample;

"Veterinary Inspector" means a registered veterinary surgeon who is employed wholetime by the Minister.

3. It appearing to the Minister to be necessary for the eradication of brucellosis,

( a ) the area described in Part I of the First Schedule to this Order is hereby declared to be a clearance area in which brucellosis is to be eradicated, and

( b ) the area described in Part II of the First Schedule to this Order, being an area as respects which the Minister is satisfied that brucellosis is virtually non-existent therein, is hereby declared to be a disease-free area.

4. (1) A person shall not vaccinate an animal with anti-abortion vaccine except with the permission in writing of the Minister.

(2) The Minister may in giving a permission under this Article attach to the permission any condition including a condition that a particular type of vaccine shall be used in the vaccination and that the animal shall be marked by means of an ear-tag or otherwise.

5. (1) A test shall comprise the taking of a sample and the subsequent examination of the sample at, and only at, an approved laboratory.

(2) In addition to those specified in paragraph (1) of this Article, the following provisions shall have effect with regard to a test:

( a ) the taking of a sample shall be carried out by a registered veterinary surgeon or by an officer of the Minister authorised under section 25 (3) of the Act to take a sample;

( b ) where a registered veterinary surgeon or an officer of the Minister authorised under section 25 (3) of the Act to take a sample enters on any land with the intention of thereon taking samples, he may if he so thinks fit, require the owner or person in charge of the land to make a declaration in writing in the form specified in the Second Schedule to this Order;

( c ) the owner or person in charge of an animal from which a sample is proposed to be or is being taken shall inform the person taking the sample of the existence of any circumstances of which he may be aware, including the previous use or application of anti-abortion vaccine, which may affect the accuracy of the test;

( d ) a person who takes a sample shall make (and shall produce to a Veterinary Inspector on request) a record with respect to the animal from which the sample is taken and such record shall comprise the following particulars, namely, the name and address of the owner of the animal, the herd number, the premises at which and the date on which the sample was taken, a description of and the sex of the relevant animal, the relevant ear-tag number and such other particulars as the Minister may require;

( e ) a person who takes a sample shall forthwith send the sample to an approved laboratory together with the particulars mentioned in subparagraph (d) of this paragraph;

( f ) if an animal from which a sample is being taken does not already bear an approved ear-tag, the following provisions shall apply:

(i) the person taking the sample shall, at the commencement of the test, insert in the left ear of the animal an approved ear-tag;

(ii) the 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 the insertion of the ear-tag.

(3) Subject to paragraph (4) of this Article, the following provisions (in addition to those specified in paragraphs (1) and (2) of this Article) shall have effect in relation to any test carried out by or on behalf of the Minister;

( a ) the owner or person in charge of the herd shall present all eligible animals (other than any reactors from previous tests) in the herd for the taking of such samples as may be necessary to test all such animals in the herd;

( b ) at the commencement of the test the owner or person in charge of the animal or animals proposed to be tested shall surrender to the person taking the samples all the identity cards issued by the Minister in respect of any eligible animals and female animals aged less than twelve months;

( c ) where the person who takes such samples is notified by a District Veterinary Office that any animal concerned has given a positive reaction to the test, that person shall forward to the District Veterinary Office in the area in which the sample was taken, all the identity cards (if any) surrendered to him in accordance with subparagraph (b) of this paragraph;

( d ) where the person who takes such samples has been notified by a District Veterinary Office that none of the animals tested has given a positive or inconclusive reaction to the test, that person shall endorse each of the cards (if any) for eligible animals surrendered to him in accordance with subparagraph (b) of this paragraph with an indication that the animal concerned has passed the test and shall return such cards, when duly endorsed, and any other cards so surrendered to either the owner or the person in charge of the herd;

( e ) where the person who takes such samples has been notified by a District Veterinary Office that none of the animals tested has given a positive result but that the result of the test of an animal or animals has been inconclusive, that person shall—

(i) forward to the District Veterinary Office the card of each animal as respects which the result was inconclusive, and

(ii) endorse each of the remaining cards for eligible animals (if any) surrendered to him in accordance with subparagraph (b) of this paragraph with an indication that the animal concerned has passed the test and return those cards, when duly endorsed, and any other cards so surrendered to either the owner or the person in charge of the herd;

( f ) where samples have been taken from all the eligible animals in a herd, no female animal of any age shall be moved out of the herd or off the land on which the samples were taken, except under permit under this Article, until the tests have been completed and either the owner or the person in charge of the animals has been informed of the results of the tests.

(4) Notwithstanding paragraph (3) (a) of this Article, the Minister may authorise in writing the testing of specific animals only in a herd.

(5) Where, pursuant to an authorisation under...

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