Brucellosis Control Order (Northern Ireland) 2004

Made: 26th August 2004

Coming into operation in accordance with Article 1(2) and (3)

The Department of Agriculture and Rural Development[^f00001], in exercise of the powers conferred on it by Articles 5(1), 10(6), 18(7), 19, 44, 46(7A) and 60(1) of, and paragraph 5(1) of Part I and paragraph 5(1) of Part II of Schedule 2 to, the Diseases of Animals (Northern Ireland) Order 1981[^f00002] and of every other power enabling it in that behalf, hereby makes the following Order:

PART I — PRELIMINARY

Citation and commencement

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• (1) This Order may be cited as the Brucellosis Control Order (Northern Ireland) 2004.

• (2) This Order shall come into operation for all purposes other than Article 5 on 1st October 2004.

• (3) For the purposes of Article 5 this Order shall come into operation on 1st December 2004.

Interpretation

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In this Order –

• “abortion” means any bovine foetus or calf born dead or which dies within 24 hours of birth;

• “affected” in relation to any animal means affected with disease and includes a reactor;

• “animal” means a bovine animal;

• “approved disinfectant” means a disinfectant for the time being approved by the Department under the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972[^f00003];

• “carcase” means the carcase of an animal;

• “the Directive” means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine[^f00004] , as last amended by Commission Implementing Decision (EU) 2015/819;

• “disease” means brucellosis;

• “Divisional Veterinary Office” means a Divisional Veterinary Office of the Department;

• “herd” means –an animal kept, ora group of animals kept, managed or housed together,on a holding in such manner and under such conditions as will in the opinion of a veterinary inspector minimise the possibility of infection to any other animals whether kept on the same holding or another holding;

• “holding” means any establishment, construction or, in the case of an open-air farm, place in which animals are held, kept or handled and includes land with or without buildings;

• “keeper” means any natural or legal person responsible for animals whether on a permanent or temporary basis including during transportation or at a market and “herd keeper” shall be construed accordingly;

• “livestock” means any creature kept for the production of food, wool, skin or fur or (excluding a dog) for use in the farming of land;

• “market” means a market place, sale yard or other premises or place in or upon which animals are exhibited for the purpose of public sale;

• “official test” has the meaning assigned to it by paragraph 1(2) of the Scheme;

• “pedigree” means a pedigree animal registered in the herd book of the appropriate Breed Society;

• “reactor” means an animal which has undergone an official test the result of which shall give the Department reason to believe that the animal is probably affected;

• “the Scheme” means the Brucellosis (Examination and Testing) Scheme Order (Northern Ireland) 2004[^f00005];

• “steer” means a male animal which has been castrated;

• “suspected” in relation to any animal means an animal suspected of being affected.

PART II — NOTIFICATION

Notification of the presence of disease

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• (1) A keeper of an affected or suspected animal or a herd keeper who knows or suspects that any animal in his herd –

• (a) has been exposed to the possibility of infection by being in contact with an affected animal (other than an animal in his own herd), or

• (b) has been in any other way exposed to the disease

shall, with all practicable speed, give notice of the fact to a Divisional Veterinary Office.

• (2) Where the Department knows or suspects that any animal is affected with disease, it may, for the purpose of preventing the spread of disease notify –

• (a) any veterinary surgeon;

• (b) the keeper of any herd to which the disease may spread; or

• (c) any person who, within the last 56 days has visited, or, in the future is likely to visit or arrange to visit, any holding on which the animal is or has been kept.

Notification of abortion

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• (1) The keeper of a herd shall, with all practicable speed, notify a Divisional Veterinary Office if he knows or has reason to suspect that any animal in his herd has had an abortion.

• (2) A veterinary surgeon shall, with all practicable speed, notify a Divisional Veterinary Office if in his opinion an animal has had an abortion.

• (3) In the event of an animal having an abortion, the keeper shall immediately house the animal in isolation from other animals and shall, with all practicable speed, liberally spray the immediate area where the abortion took place with an approved disinfectant.

• (4) An animal which has had an abortion shall be retained in isolation until the Department has tested it and has informed the keeper that it may rejoin the herd.

• (5) Manure containing discharges or fluids from an animal which has had an abortion shall be stored away from access by livestock for at least 6 months and shall not be spread on grazing fields for a period of at least 12 months.

PART III — MOVEMENT CONTROL

Pre-movement tests

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PART IV — CONTROL OF DISEASE

Power to take samples

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The Department may examine any animal, take such samples and apply such tests as it considers necessary for the purpose of controlling disease.

Detention and movement of animals

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Where the Department knows or suspects that an animal on any holding has been moved or dealt with otherwise than in accordance with this Order or the Scheme, as the case may be, it may by notice –

• (a) require the keeper to –

• (i) detain the animal on a specified area of the holding and isolate it from other animals;

• (ii) have a sample from the animal, and if required any other animal on the holding, subjected to an official test, at his own expense and within such time limit as shall be specified in the notice;

• (b) prohibit the movement of any animal to or from the holding except under and in accordance with the conditions of a licence issued by the Department.

Restrictions

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• (1) The Department may serve a notice on a herd keeper where –

• (a) it suspects that disease may exist or may within 56 days have existed on the holding on which the herd is normally kept;

• (b) a reactor has been found in the herd as a result of an official test;

• (c) a reactor in another herd had access to the herd;

• (d) a reactor in another herd was moved from the herd;

• (e) an animal in the herd has been exposed to the possibility of infection with disease by contact with a reactor;

• (f) a sample of milk from the herd when tested for the presence of brucella infection by the Department has given such result as to cause the Department to suspect that an animal in the herd is infected with disease;

• (g) an animal in the herd has had an abortion and has not been cleared by an official test;

• (h) an animal in the herd has given an inconclusive result to an official test; or

• (i) animals in the herd have been compulsorily slaughtered under Article 15 as animals which have been exposed to a significant risk of infection with disease.

• (2) A notice under paragraph (1) may –

• (a) prohibit the movement to or from the holding on which the herd is kept of any animal except under and in accordance with the conditions of a licence issued by the Department;

• (b) require the herd keeper to isolate any animal from other animals;

• (c) require the herd keeper to isolate in a house or building or otherwise under cover, any in-calf animal in the herd immediately before it calves and to keep such animal and any calf it produces in isolation from other animals until it has given a negative reaction to an official test after calving and he has been informed by the Department in writing that it and the calf can join the herd;

• (d) require the herd keeper to detain any animal in his herd on a specified area of the holding on which the herd is kept;

• (e) require the herd keeper, when any animal in his herd calves, to notify a Divisional Veterinary Office within 24 hours;

• (f) require the herd keeper to treat, store, dispose of or use slurry or manure in accordance with such conditions and in such manner as may be specified in the notice;

• (g) require the herd keeper, in the case of a holding on which there is a reactor, to ensure that notices, in a form approved by an inspector, are displayed prominently at all entrances to and exits from the holding drawing attention to the existence of disease;

• (h) require the herd keeper, if he acquires a holding after the date of the notice, to inform a Divisional Veterinary Office in writing within 7 days of the date of such acquisition and to give such details in relation to the acquisition as may be specified in the notice;

• (i) prohibit the movement of any animal on to a holding to which sub-paragraph (h) applies except under and in accordance with the conditions of a licence issued by the Department;

• (j) require the herd keeper, prior to the disposal of his holding or any part thereof by way of sale, grant, lease, exchange, surrender, licence, letting in conacre, or otherwise, to inform the Department in writing of such disposal and the area and location of the holding disposed of and, unless the holding disposed of was held by him as a licensee in conacre or under a lease which has terminated, to inform the Department, within 7 days, of such disposal and the name and address of the person to whom he has disposed of his holding or any part thereof;

• (k) prohibit the feeding of milk from affected animals to livestock on the same holding unless such milk is treated in accordance with the terms of the notice.

Temporary control area

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• (1) Where the Department knows or suspects that there is a serious risk of the spread of disease it may, by notice, declare the establishment of an area to be known as a “temporary control area”.

• (2) The location and size of the temporary control area shall be such as the Department considers necessary to prevent the spread of disease.

• (3) Where a temporary control area has been established, a person –

• (a) shall not move any animal onto or off a holding in the area or move any animal into or out of the area except under and in accordance with the conditions of a licence issued by the Department; and

• (b) shall, if required to do so by an inspector, detain any animal, located on a holding within the area, on a specified part of the holding.

• (4) Any holding which is partly inside and partly outside a temporary control area shall be deemed to be wholly inside that area.

Contact with animals on adjoining land

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• (1) The keeper of a herd shall maintain the fences dividing his holding from adjoining land in such condition as to prevent –

• (a) contact of his herd with animals on adjoining land; and

• (b) his herd from straying from the holding.

• (2) Where a reactor is found in any herd, the keeper of the herd shall take all practical precautions to prevent the infection of any animals kept on the adjoining land by contact with animals on his holding.

Prohibition on grazing

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• (1) The Department may, by notice, prohibit for a period of up to 6 months, any person who keeps animals on a holding from using for grazing by animals, other than steers, all or any part of the holding to which this Article applies.

• (2) This Article applies to any holding that includes land which, during the previous 6 months, has been part of a holding on which there has been, during that period, a reactor or any animal slaughtered as a result of being in contact with a reactor.

Use of milk for feeding to animals

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• (1) A person shall not bring onto any holding on which a herd is kept, any milk or dairy by-products for feeding to livestock kept on the holding except when the milk or dairy by-product –

• (a) comes direct from a holding which is not the subject of a notice under Article 7 or 8(1);

• (b) has been converted into powder form; or

• (c) has been boiled or pasteurised.

• (2) For the purpose of this paragraph, “pasteurised” means retained at a temperature of not less than 145° Fahrenheit and not more than 150° Fahrenheit for at least 30 minutes or at a temperature of not less than 162° Fahrenheit for at least 15 seconds.

Cleansing and disinfection generally

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• (1) The Department may serve on the owner or occupier of any holding on which there is, or has within 56 days been, an affected or suspected animal or any animal which may have been exposed to the possibility of brucella infection or the carcase of such an animal, a notice requiring him to –

• (a) cleanse and disinfect, at his own expense, and in such manner and within such period as may be specified in the notice –

• (i) all or any part of his holding, and

• (ii) any equipment, appliance, utensil or other thing used in connection with any such animal or carcase;

• (b) soak any litter in an approved disinfectant and destroy such litter in the manner specified in the notice;

• (c) dispose of washings from cleansing and disinfection carried out under sub-paragraph (a) in the manner specified in the notice;

• (d) provide footbaths containing an approved disinfectant at all entrances to and exits from the holding.

• (2) In this Article “washings” means any material, disinfectant or water remaining after the cleansing and disinfection has been carried out.

Cleansing and disinfection of vehicles

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The Department may, by notice served on the owner or person in charge of any vehicle which is used for the movement or removal of –

• (a) any diseased or suspected animal or carcase; or

• (b) any animal, carcase, litter or dung which is or has been in contact with a diseased or suspected animal or carcase,

require him, in such manner and within such period as may be specified in the notice, to cleanse and disinfect with an approved disinfectant that vehicle and any equipment, utensil, appliance or other thing used in connection with that carriage.

PART V — SLAUGHTER, COMPENSATION AND APPEALS

Power to slaughter

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• (1) Subject to paragraphs (2) and (3), the Department shall slaughter or cause to be slaughtered any reactor and may slaughter or cause to be slaughtered any suspected animal or other animal which is or has been in contact with a reactor or which in the opinion of a veterinary inspector has been in any way exposed to a significant risk of infection with disease.

• (2) Where the Department is satisfied that an animal should be slaughtered in accordance with paragraph (1), it shall serve a notice on the keeper of the animal stating that the Department proposes to slaughter the animal and requiring the keeper, pending such slaughter, to detain the animal on the premises specified in the notice and isolate it from other animals and to comply with such other requirements as may be specified in the notice.

• (3) Where the Department considers that any animal in respect of which a notice has been served under paragraph (2) ought not to be slaughtered it shall serve a notice on the keeper of the animal stating that fact and revoking the notice under that paragraph.

• (4) The keeper of an animal in respect of which there is a notice under paragraph (2) in force shall comply with the requirements of that notice and shall –

• (a) not move or cause or permit to be moved such animal from the premises specified in the notice, except under and in accordance with the conditions of a licence issued by the Department;

• (b) maintain, at his own expense, such animal until it is removed for slaughter by or on behalf of the Department;

• (c) provide facilities that in the opinion of the Department are adequate to ensure the safety of any person involved in determining the market value of the animal or arranging its removal for slaughter;

• (d) collect, pen, restrain or otherwise secure and present the animal, in such manner and at such time as the Department shall require, for the purpose of determining its market value or arranging its removal for slaughter; and

• (e) make clean water available for the cleansing and disinfection of clothing and equipment used by any person in connection with the determination of the market value of the animal.

Valuation and compensation

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• (1) Subject to paragraph (1A), where the Department causes an animal to be slaughtered in accordance with Article 15, the compensation payable by the Department shall be an amount equal to 75% of either—

• (a) the animal’s market value, or

• (b) the relevant figure calculated in accordance with Schedule 1 for the month in which the market value of the animal was assessed by the Department,

whichever is the less.

• (1A) The amount of compensation payable by the Department under this Article in respect of any animal shall be reduced by any amount payable as compensation for the loss of that animal (howsoever that loss is expressed) under a contract of insurance.

• (2) For the purposes of this Order the market value of an animal means the price which might reasonably have been obtained for it, at the time of valuation in accordance with this Article or Article 17, from a purchaser in the market if it had been free from disease.

• (3) Upon service of a notice in respect of an animal under Article 15(2), the Department shall (unless the notice has previously been revoked) make an initial assessment of the market value of the animal for the purposes of paragraph (1) and shall notify the owner of that assessment.