Bovine Tuberculosis (Attestation of the State) Order, 1965.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: —(1) This Order may be cited as the Bovine Tuberculosis (Attestation of the State) Order, 1965.
(2) This Order shall come into operation on the 19th day of October, 1965.
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paragraphs: In this Order—
"the Acts" means the Diseases of Animals Acts, 1894 to 1960;
"animal" means a bovine animal;
"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 25 of this Order;
"attested" means, in relation to an animal, that it is of a herd which is an attested herd and which is not a restricted herd;
"authorised officer" means a person appointed by the Minister in writing to be an authorised officer for the purposes of this Order;
"District Veterinary Office" means a district veterinary office of the Department of Agriculture and Fisheries;
"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 as respects which, by reason of a test or otherwise, a veterinary inspector is satisfied or suspects that it is affected with tuberculosis or is capable of infecting other animals with tuberculosis;
"restricted herd" means a herd as respects which a declaration has been made under Article 12 of this Order and which thereafter has not ceased under that Article to be a restricted herd;
"test" means a test for bovine tuberculosis.
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paragraphs: The State is hereby declared to be an area in which bovine tuberculosis is virtually non-existent.
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paragraphs: Cattle shall not be vaccinated against tuberculosis or Johne's Disease (para-tuberculosis) except with the consent of the Minister.
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paragraphs: Cattle shall not be tested for tuberculosis except with the consent of the Minister.
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paragraphs: —(1) The following provisions shall have effect in relation to a test:
(a) except where otherwise specifically authorised in writing by the Minister, the test to be used shall be the single comparative intradermal tuberculin test using P.P.D. Weybridge mammalian and avian tuberculins;
(b) the test shall be carried out by a registered veterinary surgeon;
(c) the whole of the test shall be carried out by the same veterinary surgeon and shall be commenced and completed on the same premises;
(d) the test shall not be carried out in circumstances which may affect its accuracy;
(e) the owner or person in charge of an animal proposed to be or being tested shall inform the veterinary surgeon of the existence of any circumstances of which he may be aware, including the previous use or application of johnin, which may affect the accuracy of the test;
(f) each site at which tuberculin is injected shall, immediately before the injection of the tuberculin, be closely clipped over an area not less than a circle of one inch diameter;
(g) on the day on which the test is commenced, the veterinary surgeon carrying out the test shall send a notice of the test by post to the veterinary officer in charge of the District Veterinary Office in the area in which the test is being carried out;
(h) if the animal being tested does not already bear an approved ear-tag—
(i) the veterinary surgeon carrying out the test 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;
(i) at the commencement of any test in any herd, the owner or person in charge of the animal or animals proposed to be tested shall surrender to the veterinary surgeon carrying out the test all the identity cards issued by the Minister in respect of the animals in the herd;
(j) where at any test other than a test authorised under paragraph (2) of this Article, the owner of a herd fails to present for testing all the cattle (excepting any reactors from previous tests) in his herd, the failure shall be an offence by him against the Acts;
(k) the veterinary surgeon carrying out the test shall report the result thereof to the Minister without delay in such form as may be directed by the Minister from time to time;
(l) where, in the opinion of the veterinary surgeon who carried out the test, an animal has given a positive reaction to the test, the veterinary surgeon shall forward to the District Veterinary Office in the area in which the test was carried out, with his report under subparagraph (k) of this paragraph, all the identity cards surrendered to him in accordance with subparagraph (i) of this paragraph;
(m) where, in the opinion of the veterinary surgeon who carried out the test, none of the animals tested has given a positive or inconclusive reaction to the test, the veterinary surgeon shall endorse each of the identity cards surrendered to him in accordance with subparagraph (i) of this paragraph with an indication that the animal concerned has passed the test and return the identity cards, when duly endorsed, to the owner or person in charge of the herd;
(n) where, in the opinion of the veterinary surgeon who carried out the test, none of the animals tested has given a positive reaction but the result of the test of an animal or animals has been inconclusive, the veterinary surgeon shall—
(i) forward to the District Veterinary Office in the area in which the test was carried out, with his report under subparagraph (k) of this paragraph, the identity card of each animal as respects which the result was, in his opinion, inconclusive, and
(ii) endorse each of the remaining identity cards surrendered to him in accordance with subparagraph (i) of this paragraph with an indication that theanimal concerned has passed the test and return those identity cards, when duly endorsed, to the owner or person in charge of the herd.
(2) The Minister may authorise in writing the testing of specific animals only in a herd.
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paragraphs: —(1) No person shall—
(a) give to, or introduce into the body of, an animal any substance, or
(b) carry out any process or operation (including the making or obliterating of any identification mark) on, or apply any treatment (including treatment for inducing, reducing or preventing swelling) to the body of an animal,
for the purpose of affecting the accuracy of any test of the animal in accordance with this Order.
(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) of this Article is not contravened in relation to the animal.
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paragraphs: —(1) Where an animal has given a positive reaction to a test—
(a) a person shall not, unless he is unaware that the animal has given such a reaction to such test, cause or permit the animal to be tested again with tuberculin, and
(b) a veterinary surgeon shall not, unless he is unaware that the animal has given such a reaction to such test, again test the animal with tuberculin.
(2) Where an animal has passed or given an inconclusive reaction to a test, then, within the period beginning on the commencement of the test and ending on the expiration of thirty consecutive days the first of which is the day of the commencement of the test—
(a) a person shall not, unless he is unaware that the animal has passed or given an inconclusive reaction to such test, cause or permit the animal to be tested again with tuberculin, and
(b) a veterinary surgeon shall not, unless he is unaware that the animal has passed or given an inconclusive reaction to such a test, again test the animal with tuberculin.
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paragraphs: Where a veterinary surgeon finds evidence of bovine tuberculosis in any animal or carcase on any premises, he shall inform the owner or person in charge of the premises and shall notify either the Secretary, Department of Agriculture and Fisheries, Dublin, or the DistrictVeterinary Office in the area in which the premises are situate, before the expiration of the day next following the day on which he found such evidence.
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paragraphs: Where—
(a) there is a reactor, or
(b) evidence of bovine tuberculosis is found in any animal,
on any premises, the owner or person in charge of the animal shall immediately take all practicable steps to secure the effective isolation of the animals.
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paragraphs: Where—
(a) there is a reactor, or
(b) evidence of bovine tuberculosis is found in any animal,
on any premises, the occupier of the premises shall take all practicable steps to prevent the infection of cattle on adjoining land by contact with cattle on the premises and, subject to Article 12 of this Order, shall not during the period of seven days commencing on the day on which such reactor or evidence is found, allow any animal to be moved off the premises except under permit under this Article.
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paragraphs: —(1) Where, by reason of a test or otherwise, a veterinary inspector is satisfied or has reasonable grounds for suspecting that an animal in a herd is a reactor or if he has reasonable grounds for suspecting that as respects any animal in the herd any provision of the Acts or of this Order has not been complied with, he shall declare the herd a restricted herd and shall so notify the owner or 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 shall, upon being notified that the herd is a restricted herd in accordance with paragraph (1) of this Article, if he has not already pursuant to subparagraph (i) of paragraph (1) of Article 6 of this Order surrendered any identity cards issued by the Minister in respect of the animals in the herd, deliver forthwith to a veterinary inspector or authorised officer every such card.
(3) No animal may be moved into or out of a restricted herd except under permit under this Article.
(4) An authorised officer may, at his discretion, issue permits for the purposes of this Article and may specify in such permits any conditions (including conditions to be fulfilled after the cattle have been moved) which he considers appropriate.
(5) Where by reference to a subsequent investigation, a veterinary inspector is satisfied and so informs the owner or person incharge of the herd, that the herd is free from tuberculosis, the herd shall cease to be a restricted herd.
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paragraphs: An authorised officer may mark a reactor by punching a diamond-shaped hole of five-eighths of an inch side in the left ear of the animal and the owner or person in charge of the animal shall permit the authorised officer so to mark the animal.
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paragraphs: —(1) Where a reactor is disclosed by a test or otherwise the following provisions shall apply:
(a) possession of the animal may, by agreement, be taken by or on behalf of the Minister and the animal may be disposed of as the Minister thinks fit,