Sheep Dipping Order, 1965.

statutoryInstrumentNumber105/1965

S.I. No. 105 of 1965.

SHEEP DIPPING ORDER, 1965.

I, CHARLES J. HAUGHEY, Minister for Agriculture, do hereby in exercise of the powers conferred on me by section 22 of the Diseases of Animals Act, 1894, as amended by section 1 of the Diseases of Animals Act, 1903, and section 4 of the Agriculture Act, 1931 (No. 8 of 1931), order as follows:—

1 Short title and commencement.

1.—(1) This Order may be cited as the Sheep Dipping Order, 1965.

(2) This Order shall come into operation on the 1st day of July, 1965.

2 Interpretation

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3 Definitions.

3. In this Order—

" approved label " means a label approved by the Minister under this Order or which was at the date of the coming into operation of this Order approved by the Minister under any other Order for attaching to the outside of packages or containers of sheep dip, and when used in relation to particular sheep dip, means approved by the Minister for use on packages or containers of that particular sheep dip ;

" approved sheep dip " means sheep dip approved by the Minister under this Order or which was at the date of the coming into operation of this Order approved by the Minister under any other Order ;

" first dipping period " means the period beginning on the first day of July and terminating on the seventh day of August in any year ;

" inspector " includes a veterinary inspector ;

" the Minister " means the Minister for Agriculture ;

" second dipping period " means the period beginning on the first day of October and terminating on the thirtieth day of November in any year ;

" sheep " includes lambs ;

" sheep bath " means sheep dip diluted with sufficient water to make a bath suitable for dipping sheep ;

" sheep dip " means a substance or preparation which is a remedy for sheep scab and is used for the dipping of sheep.

4 Submission of sheep dip for approval by the Minister.

4.—(1) Any person who manufactures sheep dip may apply to the Minister for his approval of the sheep dip.

(2) Every application to the Minister for his approval of a sheep dip shall be in such form and shall contain such particulars as the Minister may require and shall be accompanied by a sample of the sheep dip.

(3) Where an application is made to the Minister for approval of a sheep dip under this Article the Minister may as he thinks fit either approve or refuse to approve of the sheep dip.

5 Submission of label for sheep dip for the approval of the Minister.

5.—(1) Any person who manufactures sheep dip, if he applies to the Minister for his approval of the sheep dip, may also apply to the Minister for his approval of a label for use on packages or containers of the sheep dip.

(2) An application for the Minister's approval of a label for packages or containers of a sheep dip shall be in such form as the Minister may require and shall be accompanied by a specimen of the label to which it relates.

(3) Application may be made by a manufacturer for the Minister's approval of any number of labels of different design for use in connection with any particular sheep dip.

(4) Where an application is made to the Minister for approval of a label under this Article the Minister may as he thinks fit either approve or refuse to approve such label.

6 Restriction on sale of sheep dip.

6.—(1) It shall not be lawful for any person to sell sheep dip, unless it is approved sheep dip and is in a sealed package or container which is labelled with an approved label.

(2) If any person—

(a) knowingly marks (by attaching an approved label thereto or otherwise) any package or container which does not contain approved sheep dip in such manner as to indicate that the package or container contains approved sheep dip, or

(b) exposes for sale any package or container so marked which to his knowledge does not contain approved sheep dip,

such person shall be guilty of an offence against the Diseases of Animals Act, 1894.

7 Method of dipping sheep.

7.—(1) Every person required by this Order to dip any sheep shall, when so required, cause the sheep to be totally immersed in a sheep bath of an approved sheep dip and shall cause all parts of the sheep except the head and ears to remain immersed in the sheep bath for a period which shall in no case be less than one minute.

(2) No dipping of any sheep shall be deemed to be dipping within the meaning of this Order unless the dipping is in accordance with the foregoing paragraph and the sheep so dipped, other than lambs of less than nine months, have been previously clipped in the year in which the dipping takes place.

8 Compulsory dipping of sheep.

8.—(1) Save as otherwise provided by this Order, every person, who in any first or second dipping period has in his possession or under his charge any sheep (other than sheep which came into his possession or charge subsequent to being dipped in such dipping period in accordance with this Order), shall during such dipping period, cause the sheep to be dipped in accordance with this Order.

(2) Before dipping any sheep (other than sheep in respect of which a document has been served under paragraph (1) of Article 10 of this Order) the person in possession or in charge of the sheep shall, not later than five days before the day upon which the sheep are intended to be dipped (in this Order referred to as the dipping day), complete Part I of Form A in the Schedule to this Order and serve the Form when so completed on the local authority.

(3) Whenever the requirements of paragraph (2) of this Article or paragraph (1) of Article 10 of this Order are complied with, the local authority on whom the said Form A has been served shall note its contents, complete Part II thereof and return the Form when so completed to the sender before the dipping day.

(4) Every local authority on whom Form A has been served shall send an inspector to be present at the dipping of the sheep to which the Form relates.

(5) When any sheep have been dipped, the person in possession or in charge of the sheep shall make the declaration contained in Part III of the said Form A and thereupon shall present the Form to the inspector who shall complete Part IV thereof.

9 Restriction on having possession or charge of sheep.

9. Notwithstanding any provision in this Order exempting sheep from dipping, it shall not be lawful for any person, at any time outside any first or second dipping period, to have in his possession or under his charge any sheep unless it has been dipped in accordance with this Order during the last previous dipping period and is accompanied by—

(a) the said Form A completed in accordance with the requirements of this Order and in which the declaration relates to the dipping of the sheep during such last precious dipping period, or

(b) such documentary evidence of the dipping of the sheep in such last previous dipping period as may be prescribed by regulations made by the local authority under this Order and four the time being in force.

10 Imported sheep.

10.—(1) Subject to paragraph (2) of this Article, where, at any time in any first or second dipping period, sheep are brought into the State (in this Order referred to as imported sheep) the person in possession or in charge of the sheep shall immediately complete Part I of Form A in the Schedule to this Order and serve the Form when so completed on the local authority and shall at the same time inform the authority that the sheep are imported sheep and shall isolate the imported sheep from all other sheep until the imported sheep have been dipped in accordance with this Order.

(2) Where any sheep are brought to a market, fair, or saleyard in the State from a place outside the State at any time in any first or second dipping period and such sheep are accompanied by a declaration in Form B in the Schedule to this Order, signed by the person in possession or in charge of such sheep, stating that the sheep have been dipped in a manner which would be deemed to be dipping within the meaning of this Order, the following provisions shall have effect—

(a) the Sheep shall, while being moved to, while at, or while being removed from the market, fair, or saleyard be deemed not to be imported sheep for the purposes of this Order,

(b) if the sheep after being removed from the market, fair, or saleyard, are detained in the State, the sheep shall at and from the time of the detention be imported sheep for the purposes of this Order.

(3) Sheep which are brought into the State from a place outside the State for the purpose only of sending them to another place outside the State shall not be deemed to be imported sheep for the purposes of this Order.

(4) Where any person is the owner or occupier of, or has grazing rights on, land in the State, and also is the owner or occupier of, or has grazing rights on, land in Northern Ireland, and the person in any first or second dipping period moves sheep from the land in Northern Ireland to the land in the State and the sheep are accompanied by a certificate signed by an inspector of a local authority in Northern Ireland stating that the sheep have been duly dipped in a manner which if carried out in the State would be deemed to be dipping within the meaning of this Order, the sheep shall be deemed not to be imported sheep for the purposes of this Order and the sheep shall be deemed to have been dipped in accordance with this Order.

(5) Where in any month any inspector is present at the dipping of imported sheep the inspector shall, not later than the first day of the next following month, furnish to the local authority a return in the form contained in Form C in the Schedule hereto, and the authority shall furnish the Minister with a copy of the return.

11 Isolation of dipped sheep.

11. The person in possession or in charge of any sheep which have...

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