S.I. No. 229 of 2001.

Brucellosis in Cattle (General Provisions) (Amendment) Order, 2001

I, Joe Walsh, Minister for Agriculture, Food and Rural Development, in exercise of the powers conferred on me by sections 3, 13, 14, 15 and 16 of the Diseases of Animals Act, 1966 (No. 6 of 1966) hereby order as follows:

1.   (1) This Order may be cited as the Brucellosis in Cattle (General Provisions) (Amendment) Order, 2001.

(2) This Order shall come into operation on the 25 day of May, 2001.

2.   In this Order -

“the Principal Order” means the Brucellosis in Cattle (General Provisions) Order, 1991 ( S.I. No. 114 of 1991 ).

“eartags” has the meaning assigned to them by the European Communities (Identification and Registration of Bovine Animals) Regulations, 1999.

“keeper” has the meaning assigned to it by the European Communities (Identification and Registration of Bovine Animals) Regulations, 1999 ( S.I. No. 276 of 1999 ).

“passport” has the meaning assigned to it by the European Communities (Identification and Registration of Bovine Animals) Regulations, 1999 ( S.I. No. 276 of 1999 ).

3.   Article 2 of the Principal Order is hereby amended by the substitution of the definition of “dealer” by the following definition -

“dealer” has the meaning assigned to it by the Diseases of Animals Acts, 1966 to 2001 (Approval and Registration of Dealers and Dealers' Premises) Order, 2001 ( S.I. No. 79 of 2001 ).

4.   Article 5(3)(b) of the Principal Order is replaced by the following:

“5(3)(b) at the commencement of the test the keeper of the animal or animals proposed to be tested shall surrender to the person taking the samples all the passports/identity cards in his possession in respect of all bovine animals on the holding.”

5.   Article 7(2) of the Principal Order is replaced by the following:

“7(2) A keeper who is notified in accordance with paragraph (1) of this Article that the holding has been declared a restricted holding, shall, if he has not already pursuant to Article 5(3)(b) of this Order surrendered the passports/identity cards issued in respect of all bovine animals on the holding, deliver forthwith to a veterinary inspector or to an authorised officer every such passport/identity card in his possession.”

6.   Article 7(3) of the Principal Order is replaced by the following:

“7(3) In case a holding is declared under paragraph (1) of this Article to be a restricted holding, then for as long as the holding remains a restricted holding no bovine animal shall be moved into or out of the holding except under and in accordance with the terms of a movement permit or in accordance with conditions laid down by a veterinary inspector”.

7.   Article 19 of the Principal Order is hereby amended by the addition of the following paragraph (7):

“(7) It shall not be lawful for a keeper to be in possession of or to have under his control an animal whose eartag or eartags have been interfered with or altered in any way”.

8.   The Second Schedule to the Principal Order is replaced by the Schedule to this Order.

9.   A keeper whose holding has been declared to be a restricted holding may be required to display a health warning notice so as to be clearly visible at or near each entrance to, and each exit from, his holding in the format stipulated by a veterinary inspector.

10. A keeper to whom a notice under Article 9 has been issued shall continue to display, and maintain, the required health warning notice until such time as the restriction notice on the holding has been withdrawn by a notice in writing issued by a veterinary inspector.

11. A keeper who fails to comply with any of the provisions of this Order shall be guilty of an offence.

SCHEDULE

Department of Agriculture, Food and Rural Development

Brucellosis in Cattle (General Provisions) Amendment Order, 1991

NOTIFICATION REGARDING RESTRICTION ON A HOLDING

To............................................................ ............................................................ ..................Herd No............................................................ ............................

of the holding at............................................................ ............................................................ ............................................................ ........................................

............................................................ ............................................................ ....and any other lands controlled by that herd number.

I, the undersigned, being a veterinary inspector, do hereby advise you, as owner or person in charge of the holding referred to above, that the said holding is restricted under Article 7 of the above Order. During the period of the restriction of the above-mentioned holding the following conditions shall apply:

1.   No bovine animal may be moved into or out of the holding except under the authority of a movement permit or in accordance with conditions laid down by a veterinary inspector.

2.   Any brucellosis reactor in the holding must be effectively isolated.

3.   Animals must be effectively isolated at calving time.

4.   Calving fluids, afterbirths and aborted foetuses must be disposed in a manner such as to avoid contamination.

5.   All houses used for housing animals and all pens, fittings and receptacles used for animals should be cleansed and disinfected without delay.

6.   Milk from any reactor animal in the herd shall not be fed to any bovine animal on the above-mentioned holding until the milk has been boiled or pasteurised.

7.   Unpasteurised milk or any unpasteurised product may not be moved from the above-mentioned holding for feeding to bovine or other animals in its unpasteurised state, until you have been notified that the herd is free of brucellosis.

8.   Even though they may pass a test or tests after the issue of this notice, the restrictions on movement of animals into or out of the above-mentioned holding imposed by this notice will remain in force until you are informed officially that the restrictions have been lifted

9.   All practicable steps, including where necessary the repair and reconstruction of boundary fences, should be taken to prevent the infection of animals on adjoining land by contact with animals on the above-mentioned holding.

10. Any manure slurry on the above-mentioned holding should be stored for at least a period to be specified by a veterinary inspector and treated in a manner as may be specified by a veterinary inspector prior to being moved off or spread on the holding.

11. Receptacles containing an approved disinfectant should be placed at any entrance to or any exit from the above-mentioned holding or any housing thereon.

12. A health warning notice, in a format stipulated by a veterinary inspector, and which is clearly visible must be displayed, and maintained, at or near each entrance to or exit from the above-mentioned holding for the duration of the restriction period, if such is required by a veterinary inspector.

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation).

This Order restricts the movement of bovine animals into or out of a holding restricted for Brucellosis except under and in accordance with the terms of a movement permit or in accordance with conditions laid down by a veterinary inspector.

It requires a keeper, whose holding has been declared a restricted holding, to display and maintain a health warning notice at or near each entrance to or exit from the holding for as long as the holding remains restricted.

It also makes it illegal for a keeper to be in possession of or have under his control an animal whose eartag has been interfered with or altered in any way except in accordance with the Order.

Published by the Stationery Office, Dublin