Brucellosis in Cattle (General Provisions) Order, 1979.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: ( a ) This Order may be cited as the Brucellosis in Cattle (General Provisions) Order, 1979.
( b ) This Order shall come into operation on the 20th day of August, 1979.
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paragraphs: In this Order—
"the Act" means the Diseases of Animals Act, 1966 (No. 6 of 1966);
"animal" means a bovine animal;
"anti-abortion vaccine" means any vaccine intended for use in the vaccination of an animal against brucellosis;
"approved vaccination ear-tag" means an ear-tag supplied by the Minister for use in connection with the vaccination of an animal against brucellosis;
"approved killed vaccine" means an anti-abortion vaccine which does not contain any living organism and for which a licence has been granted under section 6 or 9 of the Therapeutic Substances Act, 1932 (No. 25 of 1932);
"approved laboratory" means a laboratory approved of by the Minister for the purposes of this Order;
"the area", except in relation to District Veterinary Office, means the area which consists of the administrative counties of Carlow, Kildare, Kilkenny, Laois, Limerick (other than such part thereof as lies north of the river Shannon), Tipperary North Riding, Tipperary South Riding, Waterford, Wexford and Wicklow and that part of the administrative county of Offaly which is south of the river Brosna;
"authorised officer" means a person appointed by the Minister in writing to be an authorised officer for the purposes of the Orders made under the Act for the purposes of the progressive eradication of brucellosis in cattle;
"brucellosis" means brucellosis in cattle;
"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 nine months or over, except a castrate;
"herd" includes a herd consisting of one animal only;
"the Minister" means the Minister for Agriculture;
"reactor" means an animal which, by reason of the result of a test or otherwise, an inspector appointed by the Minister believes or suspects to be affected with brucellosis;
"sample" means any sample taken for the purpose of a test;
"test" means a test for brucellosis and includes the taking of a sample.
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paragraphs: The owner or person in charge of a herd containing eligible animals in the area shall permit, and make such arrangements as are necessary to enable each such animal in the herd, or, in case a particular such animal or particular such animals in the herd is or are specified in a notice under this paragraph, that animal or each of those animals, as may be appropriate, to be subjected to such tests as the Minister specifies in a notice served on such owner or person and relating to the herd.
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paragraphs: The following provisions shall have effect with regard to any test, other than a bulk milk ring test, carried out in the area:
( a ) the test shall be in such form as is approved of for the purposes of this Order for the time being by the Minister;
( b ) the owner or person in charge of a herd shall present each eligible animal in the herd for the taking of such samples as are necessary for the test;
( 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 for the purposes of a test takes a sample shall make (and shall produce to an inspector appointed by the Minister on request) a record with respect to the relevant animal comprising the following particulars, namely, the name and address of the owner, the herd number, the premises at which the sample was taken, the description and sex of the animal and such other related particulars as an inspector appointed by the Minister may require;
( e ) a person who takes a sample shall forthwith send the sample to an approved laboratory together with a copy of the relevant record prepared in pursuance of subparagraph (d) of this paragraph;
( f ) if an animal from which a sample is being taken by a veterinary surgeon or an authorised officer does not already bear an ear-tag other than an approved vaccination ear-tag—
(i) the veterinary surgeon or authorised officer taking the sample shall, at the commencement of the test, insert in the left ear of the animal an ear-tag;
(ii) the 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;
( g ) after the taking of a sample a test shall be completed only at an approved laboratory.
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paragraphs: (1) No person shall administer to an animal any substance for the purpose of affecting the accuracy of any test of the animal.
(2) It shall be the duty of the owner or person in charge of an animal to take such reasonable steps as are requisite to ensure that paragraph (1) of this Article is not contravened in relation to the animal.
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paragraphs: (1) An eligible animal in the area shall not be exposed at a public show or sale of cattle or be moved into or out of a herd, otherwise than direct to a premises at which it is to be slaughtered, unless—
( a ) the person in charge of the animal has in his possession a cattle identity card and permit issued by the Minister and relating to the animal, and
( b ) the animal has passed a test, and
( c ) the date of the test, as specified in such permit, is a day not more than thirty days prior to the day on which the animal is so exposed or moved.
(2) Where an eligible animal is exposed at a public show or sale of cattle or is being moved into or out of land in the area, a veterinary surgeon or authorised officer may require the person in charge of the animal to produce for inspection the cattle identity card together with the relevant permit issued by the Minister as regards the animal, and in case a requirement is made under this paragraph, the person of whom it is made shall forthwith comply with the requirement.
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paragraphs: (1) Where as a result of a test or otherwise—
( a ) the owner or person in charge of all animal in a herd in the area believes or suspects that the animal is affected with brucellosis, or
( b ) a veterinary surgeon believes or suspects that an animal in such a herd is so affected,
such owner, person or surgeon shall forthwith notify in writing either the Secretary, Department of Agriculture, Dublin 2, or the District Veterinary Office for the area in which the animal happens to be, of his belief or suspicion.
(2) Where an inspector appointed by the Minister or an authorised officer believes or suspects that an animal in a herd in the area is affected with brucellosis, he shall forthwith inform the owner or person in charge of the herd of his belief or suspicion and such owner or person shall thereupon surrender to such inspector or authorised officer any identity cards issued by the Minister in respect of the eligible animals in the herd.
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paragraphs: (1) Where, as a result of a test of any animal in the area, or otherwise, the presence of a reactor in a herd in the area is confirmed, the following provisions shall apply;
( a ) a mark consisting of a diamond shaped hole of approximately 1.5 centimetres ( if an inch) on each side and punched in the left ear may be applied to the reactor but such mark shall be so applied only by an inspector appointed by the Minister or other veterinary surgeon, or by an officer of the Minister authorised under section 25 of the Act to apply such marks and the owner or person in charge of the reactor shall permit the mark to be so applied to the reactor,
( b ) the reactor shall not be moved out of the herd except in accordance with this Article,
( c ) subject to paragraph (2) of this Article, the owner or person in charge of the reactor shall immediately take all practical steps to secure the isolation of the animal,
( d ) an animal which is either a female aged six weeks or more or a bull aged nine months or more shall not be moved into or out of the herd except under permit under this Article,
( e ) all female eligible animals in the herd, other than reactors, shall, as soon as may be, be vaccinated against brucellosis with an approved killed vaccine.
(2) An animal described in paragraph (1) of this Article may under and in accordance with a permit under this Article he moved out of the herd concerned direct to premises to which this Article applies for slaughter.
(3) This Article applies to premises which are for the time being either registered under the Agricultural Produce (Fresh Meat) Acts, 1930 to 1938, or licensed under the Slaughter of Cattle and Sheep Acts, 1934 to 1936.