Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) Order, 2008

• Jurisdiction: Ireland

S.I. No. 101 of 2008

DISEASES OF ANIMALS ACT 1966 (NOTIFICATION AND CONTROL OF ANIMAL DISEASES) ORDER 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th April, 2008.

I, MARY COUGHLAN, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by sections 3, 6, 12, 13, 14, 15 (as amended by the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001)) and 53(3) of the Diseases of Animals Act 1966 (No. 6 of 1966) (as adapted by the Agriculture and Food (Alteration of Name of Department and Title of Minister) Order 2007 ( S.I. No. 705 of 2007 ), hereby order as follows—

Citation

1. This Order may be cited as the Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) Order 2008.

Interpretation

2. In this Order—

“animal” includes poultry;

“authorised officer” has the same meaning as in section 17A (inserted by section 2 of the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001)) of the Diseases of Animals Act 1966 (No. 6 of 1966);

“carcase” means an animal carcase and includes part of a carcase;

“disease” means a disease named in the Schedule;

“licence” means a licence granted under Article 4 or 5;

“premises” includes land and land under water, with or without buildings.

Notification of disease

3. (1) A person who has in his or her possession or under his or her control, an animal, carcase, product, semen or embryo of an animal, which is affected, or which he or she suspects to be affected with a disease, or a registered veterinary practitioner (within the meaning of the Veterinary Practice Act 2005 (No. 22 of 2005)) who, whether by reason of an examination, test or otherwise, believes or suspects that an animal, carcase, product, semen or embryo of an animal is, or may be, affected with a disease, shall, with all practicable speed, notify the fact or suspicion to an authorised officer at the District Veterinary Office in whose functional area the animal, carcase, product, semen or embryo of an animal is located.

(2) Paragraph (1) applies to a person, other than a person to whom that paragraph applies, if he or she has reasonable cause (by reason of laboratory analysis or otherwise) to suspect that an animal, carcase, product, semen or embryo of an animal is or may be affected with a disease.

(3) If a person, other than the owner or person in charge of an animal, carcase, product, semen or embryo of an animal notifies in accordance with paragraph (1), he or she shall forthwith inform the owner or person in charge.

Restriction on movement

4. (1) If notification is made under Article 3, a person shall not, for a period of 7 days, move or cause or permit another person to move—

(a) an animal,

(b) a carcase,

(c) a product derived from an animal,

(d) semen, ova or the embryo of an animal,

(e) the faeces or waste of an animal,

(f) other slurry that consists of or contains any matter derived from an animal, or

(g) a thing that has been used in connection with an animal,

onto or from the premises on which it is located on the date notification is made except under and in accordance with a licence granted by an authorised officer.

(2) A person shall not, for a period of 7 days—

(a) spread or cause or permit another person to spread on any premises, or

(b) otherwise dispose of or cause another person to dispose of,

a thing to which paragraph (1) relates except under and in accordance with a licence granted by an authorised officer.

(3) An authorised officer may grant a licence, attach conditions to a licence, vary a condition, attach a new condition, revoke a licence or refuse an application.

(4) An application for a licence shall be made in a form, be accompanied by any material and contain any particulars that an authorised officer may require.

(5) A person shall not move, spread or dispose of an animal, carcase or other thing in respect of which a licence is granted unless it is accompanied by the licence.

(6) A person to whom a licence is granted or who has a licence in his or her possession shall make the licence available for inspection on request to an authorised officer.

Restriction Notice

5. (1) Without prejudice to Article 4, if an inspector of the Minister has reasonable cause to suspect that—

(a) an animal,

(b) the carcase of an animal,

(c) a product,

(d) semen, ova or an embryo of an animal,

(e) faeces or waste of an animal,

(f) other slurry that consists of or contains any matter derived from an animal, or

(g) a thing that has been used in connection with an animal,

is affected, has been affected or may have been exposed, by contact or otherwise, to a risk of infection with a disease, he or she may serve on the person who appears to be the owner or person in charge of the animal or other thing, notice in writing (“restriction notice”) in respect of—

(i) that animal, any other animal or any thing referred to in subparagraphs (b) to (g), or

(ii) a premises.

(2) An inspector of the Minister may attach conditions to a restriction notice, or by further notice in writing vary a condition, include a new condition or revoke a restriction notice.

(3) Without prejudice to the generality of paragraph (2), a restriction notice may require that—

(a) no animal, product or other thing (specified in the restriction notice) is present on the premises to which the restriction notice relates,

(b) no animal or animal of a particular class or description, product or other thing is moved from the premises,

(c) no animal or animal of a particular class or description, product or other thing is moved onto the premises,

(d) no animal or animal of a particular class or description, product or other thing is sold or supplied to another person or otherwise disposed of,

(e) an animal or an animal of a particular class or description, product or other thing be isolated on the premises or a part of the premises described in the restriction notice and the manner of isolation,

(f) an animal, semen, ova or embryos (whether collected before or after the issue of the restriction notice) are not used for breeding,

(g) an animal, semen, ova or embryos (whether collected before or after the issue of the restriction notice) are only used for breeding in accordance with the restriction notice,

(h) an animal, product or other thing is identified or marked in a manner specified in the restriction notice,

(i) an animal be given veterinary treatment (including vaccination) as specified in the restriction notice,

(j) an animal is disposed of (including by slaughter) or the carcase of an animal, a product or other thing is disposed of in a manner specified in the restriction notice,

(k) disinfection facilities specified in the restriction notice are provided,

(l) a person entering the premises shall be dressed in suitable overall clothing and footwear and clean or disinfect—

(i) his or her person, the clothing or footwear, or

(ii) his or her person and remove and dispose of the clothing or footwear,

prior to leaving the premises,

(m) a person, premises, vehicle or other thing be cleansed or disinfected in a manner specified therein,

(n) no vehicle, equipment or machinery is moved onto the premises or moved from the premises,

(o) a person attending an animal, carcase or product affected, suspected of being affected or at risk of being affected with disease, refrain from attending another animal or product,

(p) measures are taken to eradicate insects or other vectors,

(q) the form and content of records to be maintained,

(r) samples are taken from an animal or thing at times (if any) and analysed at a laboratory in a manner as may be specified in the notice, or

(s) other steps as may be specified in the restriction notice are taken to control the spread of, eradicate or alleviate the risk of the disease.

(4) A person shall comply with a restriction notice including a restriction notice varied in accordance with paragraph (2).

(5) If a person fails to comply with Article 4 or a requirement contained in a restriction notice, an authorised officer may take such steps as he or she considers necessary to ensure compliance with Article 4 or the requirement.

(6) An inspector of the Minister may not revoke a...