No. 126/1938:

POULTRY AND POULTRY EGGS (IMPORTATION) ORDER, 1938.

POULTRY AND POULTRY EGGS (IMPORTATION) ORDER, 1938.

The Minister for Agriculture by virtue and in exercise of the powers vested in him by the joint operation of the Agriculture Act, 1931 (No. 8 of 1931), and of the Diseases of Animals (Ireland) Acts, 1894 to 1938, and of every and any other power him in this behalf enabling, hereby, after consultation with the Minister for Finance, orders as follows:—

1. This Order may be cited as the Poultry and Poultry Eggs (Importation) Order, 1938.

2. In this Order—

the expression "the Act" means the Diseases of Animals Act, 1894, as amended by any subsequent enactment;

the expression "the Minister" means the Minister for Agriculture;

the word "master" when used in relation to a vessel or aircraft means any person for the time being in command of such vessel or aircraft;

the word "poultry" means live birds which are domestic fowls, turkeys, ducks, geese or guinea fowls;

the expression "poultry eggs" means eggs of poultry.

3. It shall not be lawful to import any poultry unless such poultry are imported under and in accordance with a permit in that behalf granted by the Minister.

4. It shall not be lawful to import any poultry eggs unless—

(a) such eggs are not eggs intended for hatching and are imported from the United Kingdom of Great Britain and Northern Ireland in cases each of which contains not less than three hundred and sixty eggs, or

(b) such eggs are not eggs intended for hatching and are imported by land from Northern Ireland by a person carrying on farming in Northern Ireland, or

(c) such eggs are imported under and in accordance with a permit in that behalf granted by the Minister.

5. If any poultry or poultry eggs are imported in contravention of this Order, each of the following persons shall be guilty of an offence against the Act, that is to say:—

(a) any person causing, directing, aiding, abetting, counselling or procuring such importation;

(b) the master, the owner, and the charterer of any vessel or aircraft by means of which such poultry or poultry eggs are imported;

(c) the owner, and the person in charge of any vehicle or other conveyance by means of which such poultry or poultry eggs are imported;

(d) any person who receives or keeps such poultry or poultry eggs knowing them to have been so imported.

6. Any person may make application to the Minister in accordance with this Order for a permit to import poultry, or to import poultry eggs.

7. Every person who makes an application to the Minister under this Order for a permit to import poultry or poultry eggs shall furnish a certificate in such form as the Minister may direct, signed by a veterinary officer of the Government of the country from which it is proposed to import such poultry or poultry eggs, showing that such poultry, or the poultry from which such poultry eggs have been derived, have been tested for all or any (as the Minister may direct) of the diseases of poultry which are for the time being diseases for the purposes of the Act, and have been found to be free from such diseases, and showing that such poultry or the poultry from which such poultry eggs have been derived have not been in contact with infection, and such person so applying to the Minister shall furnish the Minister with such other information concerning such poultry or poultry eggs as the Minister may require.

8. The Minister shall consider every application for a permit to import poultry or poultry eggs made to him under and in accordance with this Order, and may at his discretion grant or refuse such permit.

9. If any person is in possession or charge of any poultry or poultry eggs imported contrary to the provisions of this Order the Minister or an inspector of the Minister may give notice in writing to such person requiring him to detain and isolate such poultry or poultry eggs, or poultry derived from such poultry eggs, in accordance with the provisions of such notice.

10. If any person on whom a notice is served under this Order fails to comply with the requirements of such notice such person shall be guilty of an offence against the Act.

Given under the Official Seal of the Minister for Agriculture this 17th day of May, 1938.

(Signed) P. J. MURRAY,

An Assistant Secretary of the Department of Agriculture.