Brucellosis in Cattle (Disease-Free Area) Order, 1968.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) This Order may be cited as the Brucellosis in Cattle (Disease-Free Area) Order, 1968.
(2) This Order shall come into operation on the 1st day of June, 1968.
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paragraphs: In this Order, except where the context otherwise requires—
" 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 ear-tag " means an ear-tag which is of a pattern approved by the Minister and which complies with the other requirements of Article 24;
" approved laboratory " means a laboratory approved by the Minister for the purpose of this Order;
" the area " has the meaning assigned to it in Article 3;
" authorised officer " means a person appointed by the Minister in writing to be an authorised officer for the purposes of this Order;
" brucellosis " means brucellosis in cattle;
" Brucellosis (Certified) Herd " means a herd which is for the time being entered in the register of brucellosis (certified) herds kept by the Minister;
" certified herd " means a herd in the area in respect of which brucellosis certified cards have been issued by the Minister and in relation to which there is not for the time being in force a restriction on movement under Article 7;
" District Veterinary Office " means a district veterinary office of the Department of Agriculture and Fisheries;
" 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 and Fisheries;
" public sale " means any sale of cattle other than—
( a ) a sale by a farmer of his own cattle on his own farm, or
( b ) a sale of cattle specifically authorised by the Minister and held in accordance with any conditions attached to the authorisation;
" reactor " means an animal which, by reason of the result of a test or otherwise, the Minister has reason to believe is affected with brucellosis;
" restricted herd " means a herd as respects which a declaration has been made under Article 7 and which thereafter has not ceased under that Article to be a restricted herd;
" sample " means a sample taken from an animal in the course of a test and comprised of one or more of the following—
( a ) in the case of a male animal—blood or semen,
( b ) in the case of a female animal—blood, milk, vaginal mucus, foetus or placenta;
" test " means a test for brucellosis and includes the taking of a sample.
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paragraphs: (1) Such area as consists of the administrative county of Donegal (in this Order referred to as the area) is hereby declared to be an area in which brucellosis in cattle is virtually non-existent.
(2) A holding situated partly within and partly without the area shall be deemed to be wholly within the area.
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paragraphs: (1) An animal in the area shall not be vaccinated with anti-abortion vaccine except with the permission in writing of the Minister.
(2) The Minister may in giving a permission under this Article specify in the permission any condition including a condition that a particular type of vaccine shall be used in the vaccination and that the animal shall be marked by means of an ear-tag or otherwise.
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paragraphs: (1) A test in the area shall comprise the taking of a sample and the subsequent examination of the sample at, and only at, an approved laboratory.
(2) The following further provisions shall have effect with regard to a test in the area:—
( a ) the taking of a sample shall be carried out by a registered veterinary surgeon or by an officer of the Minister authorised under section 25 (3) of tthe Act to take samples;
( b ) 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;
( c ) a person who takes a sample shall make (and shall produce to an inspector of 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 and the date on which the sample was taken, a description of and the sex of the animal, the relevant approved ear-tag number of the animal and such other particulars as the Minister may require;
( d ) a person who takes a sample shall forthwith send the sample to an approved laboratory together with the particulars mentioned in paragraph (c);
( e ) if an animal from which a sample is being taken does not already bear an approved ear-tag—
(i) the person taking the sample shall, at the commencement of the test, insert in the left ear of the animal an approved ear-tag,
(ii) the approved 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.
(3) Subject to paragraph (4) the following additional provisions shall have effect in relation to any test carried out in the Area by or on behalf of the Minister:
( a ) the owner or person in charge of the herd shall present all eligible animals (other than any reactors from previous tests) in the herd for the taking of such samples as may be necessary to test all such animals in the herd;
( b ) at the commencement of the test, the owner or person in charge of the animal or animals proposed to be tested shall surrender to the person taking the samples all the identity cards (including any brucellosis certified cards) issued by the Minister in respect of the eligible animals in the herd;
( c ) where the person who took a sample has been notified by a District Veterinary Office that the animal concerned has given a positive reaction to the test, the person who took the sample shall forward to the District Veterinary Office in the area in which the sample was taken, all the identity cards and brucellosis certified cards (if any) surrendered to him in accordance with subparagraph (b);
( d ) where the person who took the samples has been notified by a District Veterinary Office that none of the animals tested has given a positive or inconclusive reaction to the test, the person who took the samples shall endorse each of the brucellosis certified cards (if any) surrendered to him in accordance with subparagraph (b) with an indication that the animal concerned has passed the test and shall return such brucellosis certified cards, when duly endorsed, and the identity cards to either the owner or the person in charge of the herd;
( e ) where the person who took the samples has been notified by a District Veterinary Office that none of the animals tested has given a positive reaction but that the result of the test of an animal or animals has been inconclusive, the person who took the samples shall—
(i) forward to the District Veterinary Office the brucellosis certified card (if any) and the identity card of each animal as respects which the result was inconclusive, and
(ii) endorse each of the remaining brucellosis certified cards (if any) surrendered to him in accordance with subparagraph (b) with an indication that the animal concerned has passed the test and return those brucellosis certified cards, when duly endorsed and the identity cards to either the owner or the person in charge of the herd.
(4) Notwithstanding paragraph (3) (a), the Minister may authorise in writing the testing of specific animals only in a herd.
(5) Where a sample has been taken from an animal in a herd, the animal shall not be moved out of the herd or off the premises, on which the sample was taken, except under permit under this Article, until the test has been completed and either the owner or the person in charge of the animal has been informed of the result of the test.
(6) An inspector of the Minister or an authorised officer may issue permits for the purposes of this Article and such inspector or officer may in issuing a permit attach to and specify in the permit any condition.
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paragraphs: (1) No person shall administer to an animal in the area any substance for the purpose of affecting the accuracy of any test of the animal.
(2) It shall be the duty of the person in charge, whether as owner or otherwise, of an animal to take such care of the animal as will ensure that paragraph (1) is not contravened in relation to the animal.
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paragraphs: (1) Where a herd in the area contains an eligible animal and is not a certified herd or where an inspector of the Minister is satisfied or has reasonable grounds for suspecting that an animal in a herd is a reactor or that as respects any animal in the herd any provision of the Act or of this Order has not been complied with, he shall declare the herd a restricted herd and shall so notify either the owner or the person in charge of the herd in the form specified in Part I of the First Schedule to this Order.
(2) The owner or person in charge of a restricted herd, upon being notified in accordance with paragraph (1) that the herd has been declared a restricted herd shall, if he has not already pursuant to Article 5 (3) (b) surrendered the identity cards and any brucellosis certified cards issued by the Minister in respect of the eligible animals in the herd, deliver forthwith to an inspector of the Minister or to an authorised officer every such card.
(3) In case a herd is declared under paragraph (1) to be a restricted herd then so long as the herd remains a restricted herd the following provisions shall apply, namely—
( a ) no eligible animal shall be moved into or out of such herd, and
( b ) no eligible animal shall be moved off the land on which it was present at the time when the notification under paragraph (1) was received,
except under permit under this Article.
(4) An inspector of the Minister or an authorised officer may, at his discretion, issue permits for the purposes of this Article and may attach to and specify in such permits any condition (including a condition to be fulfilled after the cattle have been moved) which he considers appropriate.
(5) Where by reference to a subsequent investigation, an inspector of the Minister is satisfied and so informs either the owner or the person in charge of a restricted herd, that the herd is free from brucellosis, the herd shall cease to be a restricted herd.
(6) Where an eligible animal in a restricted herd in the area, other than an eligible animal mentioned in subparagraph (a) or (b) of Article 20 (2), has been moved into a certified herd in the area and has, to the satisfaction of the Minister, been effectively isolated from the other animals in the herd, the restriction on movement under this paragraph may be waived by the Minister at his discretion in respect of either the other animals or specified animals in the herd.
(7) Where the result of a test of an animal in a herd in the area is inconclusive and an inspector of the Minister so informs either the owner or the person in charge of the animal, the following provisions shall apply:
( a ) the animal shall not, except under permit under this Article, be moved out of the herd,
( b ) such owner or person, if he has not already pursuant to Article 5 (3) (b) surrendered any identity card or brucellosis certified card issued by the Minister in respect of the animal, shall deliver forthwith each such card to an inspector of the Minister or authorised officer,
( c ) where, by reference to subsequent testing, an inspector of the Minister is satisfied, and so informs the owner or person in charge of the herd, that the animal is free from brucellosis, the restriction under this paragraph on the movement of the animal shall cease.
(8) An inspector of the Minister or an authorised officer may issue permits for the purpose of this Article.
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paragraphs: (1) Where, as a result of any test of any animal in the area, a reactor is disclosed, the following provisions shall apply:
( a ) a mark consisting of a diamond shaped hole of five-eighths of an inch on each side and punched in the left ear may be applied to the reactor and such mark shall be applied only by an inspector of the Minister 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 authorised officer so to mark the reactor;
( b ) the owner or person in charge of the reactor shall immediately take all practicable steps to secure the effective isolation of the reactor and its maintenance pending its being taken possession of, slaughtered or removed for slaughter in accordance with this Order;
( c ) possession of the reactor may, by agreement, be taken by or on behalf of the Minister and the reactor may be disposed of as the Minister thinks fit;