Diseases of Animals Acts, 1966 To 2001 (Approval and Registration of Dealers and Dealers' Premises) Order, 2001
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Order may be cited as the Diseases of Animals Acts, 1966 to 2001 (Approval and Registration of Dealers and Dealers' Premises) Order, 2001.
Interpretation
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paragraphs: (1) In this Order -
“approval number” means a number issued in accordance with Article 6 or 7;
“authorised officer” means either -
(a) an authorised officer within the meaning of section 17A (inserted by section 2 of the Diseases of Animals (Amendment) Act, 2001 (No. 3 of 2001)) of the Principal Act, or
(b) an authorised person within the meaning of section 25 of the Principal Act;
“control number” means -
(a) in the case of cattle, the herd number allocated for the time being to a herd of cattle by the Minister,
(b) in the case of sheep, the flock number allocated for the time being to a flock of sheep by the Minister,
(c) in the case of swine, the pig unit number allocated for the time being to a pig unit by the Minister, or
(d) in the case of any other species of animal or poultry, the unit number of the species concerned allocated for the time being to a herd or flock (by whatever name called) of species by the Minister;
“Council and Commission Regulations” means Council Regulation (EC) No.820/97 of 21 April 1997(2) , Commission Regulation (EC) No. 2628/97 of 29 December 1997(3) , Commission Regulation (EC) No. 2629/97 of 29 December 1997(4) , Commission Regulation (EC) No. 2630/97 of 29 December 1997(5) and Commission Regulation (EC) No. 494/98 of 27 February 1998(6) ;
“Council Directive” means Council Directive 97/12/EC of 17 March 1997(1) ;
“dealer” means a person who purchases an animal or poultry to which Article 4 relates and sells and supplies such animal or poultry to another person within a period of 45 days.
“dealers' register” and “premises register” have the meaning assigned to them respectively by Articles 6 and 7;
“district veterinary office” means a district veterinary office of the Department of Agriculture, Food and Rural Development;
“ear-tag” means -
(a) an approved ear-tag within the meaning of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 ( S.I. No. 308 of 1989 ),
(b) an ear-tag referred to in Article 4 of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1996 ( S.I. No. 103 of 1996 ), or
(c) an ear-tag referred to in Article 2 of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1999 ( S.I. No. 277 of 1999 );
“identity card” means -
(a) an identity card issued under Article 32 paragraph (2) of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 ( S.I. No. 308 of 1989 ),
(b) a permit issued under Article 33 of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 ( S.I. No. 308 of 1989 ),
(c) an identity card issued under Article 27 of the Brucellosis In Cattle (General Provisions) Order, 1991 ( S.I. No. 114 of 1991 ),
(d) an identity card issued in accordance with Article 5 paragraph (1) of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1996 ( S.I. No. 103 of 1996 ), or
(e) a passport referred to in Regulation 2 of the European Communities (Identification and Registration of Bovine Animals) Regulations, 1999 ( S.I. No. 276 of 1999 );
“Minister” means the Minister for Agriculture, Food and Rural Development;
“premises” includes any establishment, construction and, in the case of an open-air farm, any place in which animals or poultry are kept situated within the State;
“Principal Act” means the Diseases of Animals Act, 1966 (No. 6 of 1966);
“registered veterinary surgeon” means a person currently registered in the register established under the Veterinary Surgeons Act, 1931 (No. 36 of 1931).
(2) A word or expression that is used in this Order and is also used in the Council Directive or the Council and Commission Regulations has, unless the contrary intention appears, the same meaning in this Order as it has in the Council Directive or the Council and Commission Regulations, as appropriate.
(3) In this Order a reference to buy and sell, however expressed, shall be construed as including an invitation to treat.
(4) In this Order -
(a) a reference to an Article is to an Article of this Order unless it is indicated that reference to some other provision is intended;
(b) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
General provisions
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paragraphs: (1) It shall not be lawful for a dealer to engage in the buying or selling of animals or poultry other than in compliance with this Order.
(2) A dealer shall not use any premises in connection with the buying or selling of animals or poultry unless that premises meets the requirements of this Order
(3) A dealer shall, at the time of purchase or sale of any animal or poultry, present the appropriate approval number to the person from or to whom that animal or poultry is bought or sold or to the person in charge of an assembly centre or of an abattoir or slaughterhouse.
(4) It shall not be lawful for a person to buy any animal or poultry from or sell any animal or poultry to a dealer unless the dealer is approved, registered and in possession of a current approval number under this Order.
(5) It shall not be lawful for a person to cause or permit any animal or poultry to be bought from or sold to a dealer unless the dealer is approved, registered and in possession of a current approval number under this Order.
(6) A dealer shall not engage in the buying or selling of animals or poultry, the importation of which has been prohibited under Community or national animal health legislation.
(7) Where any person fails to comply with any of the provisions of -
(a) the Principal Act or any instrument made under it (including this Order),
(b) the Animal Remedies Act, 1993 , (No. 23 of 1993) or any instrument made under it,
(c) the Council Directive, the Council and Commission Regulations or any other act adopted by the institutions of the Community relating to animal or poultry health status or identification, or
(d) any implementation by a Member State of any act referred to in subparagraph (c)
it shall be lawful for the Minister to have regard to such failure in relation to the approval, registration, suspension or revocation of the approval or registration of any person under Article 6.
Limitations relating to dealers
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paragraphs: (1) A dealer shall deal only -