No. 18/1926:

THE BOVINE TUBERCULOSIS ORDER OF 1926.

THE BOVINE TUBERCULOSIS ORDER OF 1926.

The Department of Agriculture and Technical Instruction, by virtue and in exercise of the powers vested in them under the Agriculture and Technical Instruction (Ireland) Act, 1899, the Diseases of Animals Acts, 1894 to 1914, and of every other power enabling them in this behalf, do, with the concurrence of the Minister for Lands and Agriculture, hereby order :—

1.—In this Order—

" The Department " means the Department of Agriculture and Technical Instruction.

" Local Authortiy " means a Local Authority for the purposes of the Act of 1894.

" The Act of 1894 " means the Diseases of Animals Act, 1894.

" Inspector " includes Veterinary Inspector.

" Bovine animal " means a bull, cow, ox, heifer, or calf. " Cow " includes a heifer that has calved.

" Milk " includes cream and separated or skimmed milk. "

" Tuberculous emaciation " means emaciation due to tuberculosis.

Other terms have, where the context so permits, the same meaning and scope as in the Act of 1894.

2.—(1) Every person having in his possession or under his charge

(i) any cow which is, or appears to be, suffering from tuberculosis of the udder, indurated udder or other chronic disease of the udder; or

(ii) any bovine animal which is, or appears to be, suffering from tuberculous emaciation; or

(iii) any bovine animal which is suffering from a chronic cough and showing definite clinical signs of tuberculosis,

shall, without avoidable delay, give information of the fact to a member of the Gárda Síochána at the nearest Gárda Station, who shall transmit the information

(a) to the Local Authority; and

(b) to the Department.

(2) The person in possession or having charge of the animal shall forthwith take such steps as are necessary to secure compliance with Article 10 (Detention and Isolation of Suspected Animals and Precautions to be adopted with respect to Milk, etc.).

3.—(1) A Veterinary Surgeon or Veterinary practitioner who examines any bovine animal, and is of opinion that the animal is suffering from tuberculosis of the udder or tuberculous emaciation, or suffering from a chronic cough and showing definite clinical signs of tuberculosis, shall, with all practicable speed, give notice of the existence or suspected existence of such disease

(a) to the Local Authority; and

(b) to the Department.

(2) A Veterinary Surgeon or Veterinary practitioner who, under and in accordance with this Article, gives notice to the Local Authority of the existence or suspected existence of disease in an animal examined by him in his private practice, shall be entitled to receive from the Local Authority a fee of two shillings and sixpence for each notification.

(3) Where two or more animals are examined by a Veterinary Surgeon or Veterinary practitioner on the same premises and at the same time, and are found to be diseased, one fee only shall be payable to him under this Article in respect of the notification of the existence or suspected existence of disease in such animals.

4.—(1) The Local Authority shall in every case where, by reason of information received under the preceding Articles or otherwise, there is reasonable ground for supposing that on any premises in their District there is a cow which is suffering from chronic disease of the udder or giving tuberculous milk or a bovine animal which is suffering from tuberculosis emaciation or suffering from a chronic cough and showing definite clinical signs of tuberculosis, direct a Veterinary Inspector with all practicable speed to examine the diseased or suspected animal or animals, and any other bovine animals on such premises which he considers it is desirable to examine to ascertain whether any cow on the premises is suffering from tuberculosis of the udder or giving tuberculosis milk, or whether any bovine animal thereon is suffering from tuberculosis emaciation or suffering from a chronic cough and showing definite clinical signs of tuberculosis; and the Inspector may, with the previous consent in writing of the owner of the animal or of his agent, but not otherwise, and subject to any directions which may from time to time be given by the Department, apply the tuberculin test to any cow which he suspects of suffering from tuberculosis of the udder, or of giving tuberculosis milk, or to any bovine animal which the Inspector suspects of suffering from tuberculous emaciation.

(2) The Veterinary Inspector may at all reasonable hours enter on any part of the premises and examine any bovine animal thereon, and may require any cow on the premises to be milked in his presence, and may take samples of the milk; and the milk from any particular teat shall, if he so require, be kept separate, and separate samples thereof shall be furnished.

(3) The Inspector may also take samples of the faeces or urine of any bovine animal on the premises, or of any abnormal discharge from any bovine animal thereon.

(4) An Inspector taking samples under the foregoing provisions of this Article shall, if so directed by the Department, submit such samples for examination to the Director of the Department's Veterinary Research Laboratory.

(5) The occupier of the premises and the persons in his employment shall render such reasonable assistance to the Inspector as may be required for all or any of the purposes of this Article, and any person refusing such assistance shall be deemed guilty of an offence against the Act of 1894.

(6) The Veterinary Inspector shall, as soon as possible, send to the Local Authority a report showing the result of his examination and investigation, and also a copy of any report from the Department's Veterinary Research Laboratory on the examination of a sample. He shall further send a copy of the report of his examination to the Department. The Local Authority, if not themselves the Sanitary Authority, shall cause a copy of the report to be sent to that Authority if the report; shows that any animal referred to therein is suffering from tuberculosis of the udder or tuberculosis emaciation, or giving tuberculosis milk, or suffering from a chronic cough and showing definite clinical signs of tuberculosis.

(7) If the report of the Inspector does not show that any animal on the premises referred to in such report is suffering from tuberculosis of the udder or tuberculosis emaciation, or giving tuberculous milk, or suffering from a chronic cough and showing definite clinical signs of tuberculosis, notice in writing shall forthwith be given by the Local Authority or an Inspector of the Local Authority, to the owner or person in charge of the suspected animal that Article 10 of this Order relating to detention and isolation of suspected animals and the precautions to be adopted with respect to milk have ceased to apply to the animal. A notice to the like effect, may be given at any time by an Inspector or other officer of the Department acting under their directions. A Local Authority or Inspector or other officer by whom any such notice is given shall forthwith furnish a copy thereof to the Department ,and to the Gárda Síochána of the district concerned.

5.—(1) Where the report of the Inspector under the preceding Article shows that there is an animal which is suffering from tuberculosis of the udder or tuberculous emaciation, or giving tuberculous milk, or suffering from a chronic cough and showing definite clinical signs of tuberculosis, the Local Authority shall with all practicable speed cause notice in writing (in the Form A set forth in the Schedule hereto or to the like effect) to be given to the owner or person in charge of the animal and also to the Department, and to the Gárda Síochána, and cause the animal to be slaughtered; provided that if, before the slaughter is carried out, the owner of the animal, or any person on his behalf, gives notice in writing to the Local Authority, or to their Inspector or other officer directed to carry out such slaughter, that the owner objects to the animal being slaughtered under the provisions of this Order, it shall not be lawful for the Local Authority to cause the animal to be slaughtered unless and until the special authority of the Department has been obtained.

(2) If the value of an animal proposed to be slaughtered, as agreed or certified under this Order, exceeds thirty pounds, the Local Authority shall not proceed with its slaughter unless so directed by the Department.

(3) Nothing in this Article shall be deemed to interfere with the powers possessed by a Sanitary Authority, under Section 18 of the Tuberculosis Prevention (Ireland) Act, 1908, of causing the slaughter of any milch cow which is certified by a Veterinary Surgeon to be affected with tubercular disease of the udder.

6.—Where a Local Authority proposes to slaughter an animal under the provisions of this Order, and to dispose of its carcase or any part thereof for human consumption, a copy of the Notice of intended slaughter served under Article 5 (1) of the Order, together with a statement of the address of the premises on which, and the time at which, the animal is intended to be slaughtered shall be sent with all practicable speed by the Local Authority, or by the Inspector, to the Medical Officer of Health or to the Veterinary Surgeon of the local Sanitary Authority appointed for meat inspection duties and the carcase of the animal or any part thereof shall not be removed for human consumption from the premises on which the slaughter takes place except with the permission in writing of the said Medical Officer of Health or Veterinary Surgeon.

7.—(1) The market value of an animal shall, before slaughter, be determined for the purposes of this Order by agreement between the Local Authority and the owner of the animal, or if they shall fail so to agree, by a valuer appointed by the Local Authority and the owner, or, if the Local Authority and the owner fail to agree as to the appointment of a valuer, then by a valuer appointed by the Department, but in either case paid by the Local Authority, and such values shall give to the Local Authority and to the owner a certificate in writing of the said value.

(2) For the purposes of this Order, the market value of an animal shall be the price which might reasonably have been obtained from a purchaser in the open market who had no knowledge of the existence or suspected existence in the animal of the symptoms of disease disclosed by the report of the Inspector under this Order except such knowledge thereof as might reasonably have been obtained by inspection of the animal.

8.—(1) In the case of every animal slaughtered by a Local Authority under this Order, the Local Authority shall cause the carcase, at the time of slaughter or as soon as practicable thereafter, to be examined by a Veterinary Inspector of the Local Authority; and the owner of the animal shall be entitled to be present at the examination in person or by a representative who, if the owner thinks fit, may be a Veterinary Surgeon. The Veterinary Inspector may, and if required by the Department or by the owner or his representative, shall, for the purposes of the examination, submit specimens of the lesions to the Director of the Departments Veterinary Research Laboratory.

(2) The Veterinary Inspector shall, at the conclusion of his examination, give to the Local Authority and to the owner or person in charge of the animal, a certificate of the result of the examination in the Form B in the Schedule hereto or to the like effect, together with a copy of any report from the Director of the Department's Veterinary Research Laboratory on the examination of specimens of lesions submitted to him. He shall also forward to the Department a copy of the certificate.

9.—(1) If the Local Authority fail to carry out the examination required by the preceding Article, or if the certificate of such examination does not show that the animal was suffering from tuberculosis, the Local Authority shall, by way of compensation, pay to the owner thereof a sum equal to the market value of the animal, and a further sum of twenty shillings.

(2) If the certificate of the examination shows that the animal was suffering from tuberculosis (not being advanced tuberculosis), the Local Authority shall, by way of compensation, pay to the owner a sum equal to three-fourths of the market value of the animal or the sum of thirty shillings, whichever sum is the greater, after deducting from such sum one-half of their reasonable costs of any valuation of the animal by a valuer appointed by the Department.

(3) If the certificate of the examination shows that the animal was suffering from advanced tuberculosis, the Local Authority shall, by way of compensation, pay to the owner a sum equal to one-fourth of the market value of the animal, or the sum of thirty shillings, whichever sum is the greater, after deducting from such sum one-half of their costs of valuation as in the preceding case.

(4) For the purposes of this Order an animal slaughtered under this Order shall be deemed to have been suffering from advanced tuberculosis—

(a) when there is miliary tuberculosis of both lungs; or

(b) when tuberculous lesions are present on the pleura and peritoneum ; or

(c) when tuberculous lesions are present in the muscular system, or in the lymphatic glands, embedded in or between the muscles; or where the infection of lymphatic glands is sufficient to indicate that disease is widespread ; or

(d) when, in addition to the presence of tuberculous lesions in the respiratory and digestive tracts, there are also lesions present in the substance or membranes of any two of the following :—spleen, kidney, uterus, ovary, testicle, brain, and spinal cord.

(5) If in any case the sum received by the Local Authority on sale of a carcase of an animal slaughtered under this Order exceeds the amount paid for compensation to the owner of the animal, the Local Authority shall pay that excess to the owner, after deducting reasonable expenses.

10. —(1) Every person having in his possession or under his charge any cow which is or appears to be suffering from tuberculosis of the udder, indurated udder, or chronic disease of the udder, or any bovine animal which is, or appears to be, suffering from tuberculous emaciation, or is suffering from a chronic cough, and showing definite clinical signs of tuberculosis, shall

(i) keep the animal in his possession or under his charge on the premises whereon it was when this Article first became applicable ; and

(ii) as far as practicable, isolate it from other bovine animals.

(2) The milk produced by any cow to which this Article applies shall not be mixed with other milk, and shall forthwith be boiled or otherwise sterilised; and any utensil in which such milk is placed before being so treated shall be thoroughly cleansed with boiling water before any other milk is placed therein.

(3) A Local Authority, or a Veterinary Inspector on their behalf, may serve a Notice on any person affected by the foregoing provisions of this Article, specifying any special conditions to be applied to the movement of a diseased or suspected animal on the premises whereon the animal was when the Article first became applicable; and thereupon the animal shall be moved only in accordance with such specified conditions.

(4) Restrictions imposed by or under this Article shall continue until the animal concerned has been examined by a Veterinary Inspector in accordance with the provisions of this Order, and the owner or person in charge thereof has been notified by or on behalf of the Local Authority that this Article has ceased to apply to the animal; provided that a Local Authority or a Veterinary, Inspector may, by Licence, authorise the animal to be moved from the premises to which it is restricted by or under this Article to a slaughterhouse for slaughter therein within 96 hours.

11. —(1) The owner or person in charge of any animal which dies or is killed, and at the time of its death was or appeared to be suffering from chronic disease of the udder, or suffering from tuberculous emaciation, or suffering from a chronic cough and showing definite clinical signs of tuberculosis, shall forthwith report the death of such animal to the Local Authority, except in cases where the animal is slaughtered by direction of the Local Authority under this Order, or when the animal has been moved to a slaughterhouse.

(2) The Local Authority, on receipt of a report under this Article, shall cause the carcase of the animal to be forthwith examined by a Veterinary Inspector.

(3) The owner or person in charge shall not cause or permit the carcase of the animal, or any part thereof, to be moved from the place where the animal died or was killed, and shall not cause or permit the carcase to be buried for 36 hours after the death of the animal unless an Inspector of the Local Authority has meanwhile inspected it and completed his post-mortem examination thereof.

12. —(1) In the case of any bovine animal which appears to a Veterinary Inspector of a Local Authority to be

(i) suffering from tuberculosis of the udder, indurated udder, or other chronic disease of the udder; or

(ii) suffering from tuberculous emaciation; or

(iii) suffering from a chronic cough and showing definite clinical signs of tuberculosis,

and which is exposed in a market, fairground or saleyard, or other public or private place where animals are commonly exposed for sale, the Veterinary Inspector may, by Notice served on the owner or person in charge of the animal, require it to be removed to the premises from which it was brought thereto (hereinafter referred to as the original premises), or at the option of the owner or person in charge to a slaughterhouse or other suitable and convenient premises within the same Local Authority District as the market, fairground, saleyard, or other place as aforesaid; and thereupon the animal shall forthwith be moved by the owner or person in charge to the premises specified in the Notice, and shall be there detained for the purpose of examination under the provisions of Article 4 of this Order or until slaughtered by or on behalf of the owner.

(2) Where the original premises to which a Notice served under this Article requires an animal to be moved are not in the same Local Authority district as the market, fairground, or sale-yard, or other place as aforesaid, the Inspector serving the Notice shall forthwith send a copy of the Notice to the Local Authority of the district in which such original premises are situate.

(3) An Inspector serving a Notice under this Article shall send a copy thereof

(i) to the Local Authority of the district in which the market, fairground, or other place of sale is situate; and

(ii) to the Department.

13. —(1) It shall not be lawful for any person to bring, or carry, or send, or cause to be brought, or carried, or sent to any port or place of inspection at a port, for shipment, any cow suffering, or appearing to be suffering, from tuberculosis of the udder, indurated udder, or other chronic disease of the udder; or any bovine animal suffering, or appearing to be suffering, from tuberculous emaciation, or suffering from a chronic cough and showing definite clinical signs of tuberculosis.

(2) In the case of any breach of this Article, the provisions of the last preceding Article shall apply (without prejudice to other proceedings in respect of the offence) as if the animal appearing affected had been exposed in a market, fairground, or saleyard, or other public or private place where animals are commonly exposed for sale.

14. —The Occupier of any premises on which there has been a cow suffering from tuberculosis of the udder, or giving tuberculous milk, or a bovine animal suffering from tuberculous emaciation, or suffering from a chronic cough and showing definite clinical signs of tuberculosis, shall cleanse and disinfect at his own expense, and to the satisfaction of the Inspector of the Local Authority, the shed or other erection in which the animal has recently been placed or kept.

15. —Any powers exercisable under this Order by a Veterinary Inspector acting for a Local Authority shall be exercisable also by a Veterinary Inspector of the Department.

16. —Every Local Authority and their Inspectors and officers shall send and give to the Department such reports, returns, and information as to their proceedings under this Order as the Department require.

17. —Tuberculosis shall be a disease for the purpose of the following sections of the Act of 1894 (namely) :—

Sections nineteen and twenty (Slaughter in Disease and Compensation Generally) ;

Section forty-three (Police) ;

Section forty-four (General Administrative Provisions) ;

and also for the purposes of all other sections of the said Act containing provisions relative to or consequent on the provisions of those sections and this Order, including such sections as relate to offences and legal proceedings.

INFORMATION TO BE GIVEN AS TO CERTAIN ANIMALS OR ANIMALS IN CONTACT THEREWITH.

18. —Article 35 or the Animals (Transit and General) (Ireland) Order of 1913 (Information to be given as to Diseased or Suspected Animals or Animals in contact therewith) shall apply to

(i) any cow suffering, or suspected to be suffering, from tuberculosis of the udder, or giving tuberculosis milk; and

(ii) any bovine animal suffering, or suspected to be suffering, from tuberculous emaciation, or suffering from a chronic cough and showing definite clinical signs of tuberculosis.

19. —Every person who—

(i) fails to give any notice required by this Order; or

(ii) fails to comply with any provision of this Order relating to detention or isolation or slaughter of animals, or relating to precautions to be adopted with respect to milk; or

(iii) fails to comply with any provisions of this Order relating to the disposal of carcases; or

(iv) fails to comply with any Notice directing removal of an animal from a market, fairground, or saleyard, or other public or private place where animals are commonly exposed for sale, or from any Port or place of inspection at a Port; or

(v) brings or carries or sends or causes to be brought or carried or sent to any Port or place of inspection at a Port for shipment in contravention of Article 13 of this Order; or

(vi) fails to cleanse or disinfect any shed or other erection which under this Order he is required to cleanse or disinfect ; or

(vii) fails to slaughter an animal as required by the conditions of a Licence granted under this Order;

shall, according to and in respect of his own acts and defaults, be deemed guilty of an offence against the Act of 1894.

20. —This Order applies to the Irish Free State.

21. —The provisions of this Order, except where it is otherwise provided, shall be executed and enforced by the Local Authority.

22. —The Tuberculosis (Ireland) Order of 1914, as amended by Order No. 487, dated the 18th December, 1919, is hereby revoked as far as applying to An Saorstát, from the commencement of this Order : Provided that notices under that Order shall have effect as notices under this Order, and that in the case of an animal slaughtered before the commencement of this Order, the compensation shall be ascertained in accordance with the revoked Order.

23. —This Order shall come into operation on the first day of April, nineteen hundred and twenty-six.

24. —This Order may be cited as the Bovine Tuberculosis Order of 1926.

IN WITNESS whereof the Department of Agriculture and Technical Instruction have hereunto set their Official Seal this nineteenth day of March nineteen hundred and twenty-six.

F. J. MEYRICK,

Secretary.

I concur in the foregoing Order.

P. HOGAN,

Minister for Lands and Agriculture.

SCHEDULE.

FORMS.

BOVINE TUBERCULOSIS ORDER OF 1926.

FORM A.

FORM OF NOTICE OF INTENDED SLAUGHTER.

(Article 5.)

To             of

The Local Authority for the County (Borough) of

hereby give notice that the (insert description of animal) which is now kept at (insert description of premises where it is kept,. stating parish) is

*(a) suffering from tuberculosis of the udder ;

*(b) giving tuberculous milk ;

*(c) suffering from tuberculous emaciation ;

*(d) suffering from a chronic cough and showing definite clinical signs of tuberculosis,

and that they propose with all convenient speed to slaughter the animal.

Note.—If the owner of the animal, or any person on his behalf, before the slaughter is carried out, gives notice in writing to the Local Authority, or to their Inspector or other officer directed to carry out the slaughter, that the owner objects to the animal being slaughtered, it may not be slaughtered unless and until the special authority of the Department has been obtained.

The compensation payable by the Local Authority is regulated by the Order.

A duplicate of this Notice must forthwith be sent by the person serving it to the Department of Agriculture and Technical Instruction, and to the Gárda Síochána at the nearest Gárda station.

* Strike out the part which is inapplicable.

BOVINE TUBERCULOSIS ORDER OF 1926.

FORM B.

FORM OF CERTIFICATE OF RESULT OF POST-MORTEM EXAMINATION.

(Article 8.)

I, A.B., a Veterinary Inspector of the Local Authority for the County (Borough) of  (or a Veterinary Surgeon acting under the Bovine Tuberculosis Order of 1926) do hereby certify that my examination of the carcase of (here describe the animal slaughtered) which was caused to be slaughtered by the Local Authority for the County (Borough) of     on   day of     192 , and which animal belonged to

of

      ,does not show that the animal was affected with tuberculosis [or shows that the animal was affected with tuberculosis (not being advanced tuberculosis within the meaning of the Bovine Tuberculosis Order of 1926) ] [or shows that the animal was suffering from advanced tuberculosis within the meaning of the Bovine Tuberculosis Order of 1926].

N.B.—This Certificate must be given to the Local Authority, and a duplicate thereof to the owner or person in charge of the animal, and to the Department of Agriculture and Technical Instruction.