S.I. No. 110/2014 - Notification and Control of Animal Diseases Regulations 2014.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 7th March, 2014.
I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 36 of the Animal Health and Welfare Act 2013 (No. 15 of 2013), and, in relation to Regulation 6 (b) and (e) of these Regulations, section 3 of the European Communities Act 1972 (No. 27 of 1972), hereby make the following regulations:
Citation and commencement
1. These Regulations may be cited as the Notification and Control of Animal Diseases Regulations 2014 and come into operation on 6 March 2014.
2. In these Regulations-
“carcase” means an animal carcase and includes part of a carcase;
“disease” means a disease mentioned in the Schedule;
“licence” means a licence granted under Regulation 4.
Notification of disease
3. (1) A person who has in his or her possession or under his or her control an animal, carcase, product, semen, ova or embryo of an animal, which is affected, or which he or she suspects to be affected with a disease, or a registered veterinary practitioner who, whether by reason of an examination, test or otherwise, believes or suspects that an animal, carcase, product, semen, ova or embryo is, or may be, affected with a disease, shall, with all practicable speed, notify the fact or suspicion to an authorised officer at the District Veterinary Office in whose functional area the animal, carcase, product, semen, ova or embryo is located.
(2) Paragraph (1) applies to a person, other than a person to whom that paragraph applies, if he or she has reasonable cause (by reason of laboratory analysis or otherwise) to suspect that an animal, carcase, product, semen, ova or embryo of an animal is or may be affected with a disease.
(3) If a person, other than the owner or person in possession or control of an animal, carcase, product, semen, ova or embryo of an animal notifies in accordance with paragraph (1), he or she shall immediately inform the owner or person in possession or control of the animal if that person’s identity may be ascertained after reasonable enquiry.
Restriction on movement
4. (1) If notification is made under Regulation 3, a person shall not, for a period of 7 days, move or cause or permit another person to move—
(a) an animal,
(b) a carcase,
(c) a product derived from an animal,
(d) semen, ova or the embryo of an animal, or
(e) a thing that has been used in connection with an animal,
onto or from the land or premises on which it is located on the date notification is made except under and in accordance with a licence granted by an authorised officer.
(2) A person shall not, for a period of 7 days-
(a) spread or cause or permit another person to spread on any land or premises, or
(b) otherwise dispose of or cause another person to dispose of,
a thing to which paragraph (1) relates except in accordance with a licence granted by an authorised officer.
(3) An authorised officer may grant a licence, attach conditions to a licence, vary a condition, attach a new condition, revoke a licence or refuse an application.
(4) An application for a licence shall be made in a form, be accompanied by any material and contain any particulars that an authorised officer may require.
(5) A person shall not move, spread or dispose of an animal, carcase or other thing in respect of which a licence is granted unless he or she has actual possession of the licence.
(6) A person to whom a licence is granted or who has a licence in his or her possession or control shall make the licence available for inspection on request to an authorised officer.
Disease control plan
5. (1) If the Minister has reasonable cause to believe that land or a premises is at risk of disease or that a disease is or may be present on the land or premises, he or she may serve a notice in writing (“direction”) and direct—
(a) that a plan for the prevention, control and eradication of the disease which occasioned the restriction notice (“control plan”) is put in place for the land or premises within 30 days of service of the direction, and
(b) criteria with which the control plan must comply.
(2) Without prejudice to the generality of paragraph (1) (a), the Minister may direct that a control plan contain such provisions and comply with such requirements as are specified in the direction, including provisions and requirements relating to—
(a) the form of the plan,
(b) the taking of samples on the land or premises,
(c) the testing of samples at a specified laboratory,
(d) the frequency with which tests are to be conducted,
(e) the number, type and age of animal to be tested or subjected to other analysis,
(f) the administration of vaccine to an animal on the land or premises,
(g) disinfection procedures to be adopted in relation to the land or premises or any part thereof,
(h) transport of an animal onto or off the land or premises, and
(i) other measures to be taken by the person on whom the direction is served to control and eradicate the disease.
(3) A person on whom a direction is served shall comply with the direction.
(4) The Minister may approve a control plan prepared and submitted under this Article or refuse to approve a plan.
(5) The Minister may within a period of 60 days of the submission of a control plan to him or her require, by notice in writing, that the plan concerned be modified in such manner as he or she directs.
(6) If the Minister requires that a control plan be modified, the owner or person in possession or control of the land or premises shall modify the plan in accordance with directions of the Minister, and within a period of 30 days of service on him or her of a notice under paragraph (5), submit the plan as so modified to the Minister for approval by him or her.
(7) Where the Minister fails, within a period of 30 days of the receipt by him or her of a plan under this Regulation, to—
(b) refuse approval of, or
(c) require under paragraph (5) the modification of,
the plan, it stands approved by him or her.
(2) A person shall comply with a notice served under paragraph (1).
6. The following are revoked—
(a) the Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) Order 2008 ( S.I. No. 1 of 2008 ),
(b) the European Communities (Notification of Small Hive Beetle and Tropilaelaps Mite) Regulations 2009 ( S.I. No. 589 of 2009 ),
(c) the Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) (Amendment) Order 2010 ( S.I. No 475 of 2010 ), and
(d) the Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) Order 2011 ( S.I. No. 277 of 2011 ),
(e) the Diseases of Animals Act 1966 (Notification and Control of Animal Diseases) (Amendment) Order 2012 ( S.I. No. 495 of 2012 ), and
(f) the European Communities (Notification of Small Hive Beetle and Tropilaelaps Mite) (Amendment) Regulations 2013 ( S.I. No. 308 of 2013 ).
American foulbrood (Paenibacillus larvae) in bees.
Bovine viral diarrhoea.
Brucellosis in ruminating animals (except cattle) and swine.
Campylobacteriosis (caused by or involving Campylobacter jejuni).
Caprine viral arthritis — encephalitis.
Capripox (Sheep and Goat pox).
Contagious equine metritis.
Contagious pleuro-pneumonia of cattle.
Diseases of poultry caused by or involving Yersinia spp.
Echinococcus caused by Echinococcus multicularis.
Enzootic abortion of ewes.
Epizootic abortion of cattle.
Epizootic haemorrhigic disease in deer.
Epizootic Lymphangitis in horses, asses and mules.
Equine viral arteritis.
Fowl pest (other than Avian influenza and Newcastle disease).
Glanders (farcy) in horses, asses or mules.
Infectious equine anaemia.
Johne’s disease in cattle, goats, sheep, other ruminating animals and swine.
Lumpy skin disease.
Mycoplasmosis (caused by or involving Mycoplasma gallisepticum, Mycoplasma meleagradis or Mycoplasma synovia).
Peste des petits ruminants.
Pleuro-pneumonia in bovines.
Porcine corona virus.
Porcine enterovirus encephalomyelitis (Teschen disease).
Porcine epidemic diarrhoea.
Rift valley fever.
Rinderpest (cattle plague).
Salmonellosis (caused by or involving Salmonella enteriditis or Salmonella typhimurium).
small hive beetle (Aethina tumida) in bees
Surra (Trypansoma evans).
Swine Fever (other than classical swine fever).
Transmissible spongiform encephalopathies (other than scrapie and bovine spongiform encephalopathy).
Tropilaelaps mite (Tropilaelaps spp.) in bees
Tuberculosis in ruminating animals (except cattle)
Tuberculosis in non-ruminating animals.
West Nile fever.
GIVEN under my Official Seal,
4 March 2014.
Minister for Agriculture, Food and the Marine.
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations consolidate and modernise existing provisions relating to the notification and control of animal diseases. A number of animal diseases (e.g. bovine tuberculosis, brucellosis, foot and mouth disease) that are subject to comprehensive control rules in other legislation are not affected by these Regulations.