S.I. No. 32 of 2002

Diseases of Animals Act 1966 (Restrictions on Import of Agricultural Machinery) Order 2002

I, Joe Walsh. Minister for Agriculture, Food and Rural Development. in exercise of the powers conferred on me by sections 3, 13 and 30 of No. 6 of 1966 ) (as adapted by the Agriculture and Food (Alteration of Name of Department and Title of Minister) Order 1999 ( S.I. No. 307 of 1999 )), hereby order as follows:-

1.         This Order may be cited as the Diseases of Animals Act 1966 (Restrictions on Import of Agricultural Machinery) Order 2002.

2.         In this Order --

“approved disinfectant” means a disinfectant approved under and in accordance with the Diseases of Animals (Disinfectants) Order 1975 ( S.I. No. 273 of 1975 ) and the Diseases of Animals (Disinfectants) Order 1975 (Amendment) Order 1977 ( S.I. No. 345 of 1977 );

“disinfected” means disinfected using an approved disinfectant;

“machinery” means a tractor, other vehicle, machinery or equipment that is used or capable of being used in agriculture but does not include new machinery.

3.         A person, including the owner, master or person in charge of a port, vessel, aircraft or railway engine, shall not import or cause or permit another person to import machinery unless the machinery-

(a)        has been cleaned and disinfected, and

(b)       does not have adhering to it any matter that may present a risk of the spread of disease.

4.         A person shall not have in his or her possession or under his or her control machinery that is being or has been imported in contravention of Article 3 of this Order.

5.         Where an authorised officer has reasonable suspicion to believe that machinery has been, or is being, imported in contravention of Article 3 of this Order, he or she may direct that the machinery be removed from the State on board the vehicle, vessel or aircraft that brought the machinery into the State and -

(a)        the owner or master or other person in charge of the vehicle vessel or aircraft, and

(b)        the owner or person in charge of the machinery

shall comply with the direction of the authorised officer.

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation)

This Order provides for cleaning and disinfecting of imported, second-hand, agricultural machinery to minimise the risk of the spread of animal disease.

Published by the Stationery Office, Dublin