|Made||26th August 2004|
|Coming into operation||1st October 2004|
A senior officer of the Department of Agriculture and Rural Development
The Department of Finance and Personnel hereby approves the foregoing Order.
Sealed with the Official Seal of the Department of Finance and Personnel on
26th August 2004.
A senior officer of the Department of Finance and Personnel
(3) Any other expression used in this Scheme that is also used in the Brucellosis (Control) Order (Northern Ireland) 2004 shall have the same meaning as in that Order.
Examination and official tests
2. - (1) The Department may, for the purposes of this Scheme, require an authorised officer to carry out such examination or official test as it may determine in relation to an animal kept on a holding and upon being so required that officer -
(2) Where an authorised officer has taken a sample from an animal during the course of an official test under paragraph (1) he shall submit the sample to an approved laboratory in accordance with the instructions of the Department.
(3) Where a sample has been submitted to an approved laboratory in accordance with paragraph (2) the person in charge of that laboratory shall -
Powers of entry
3. - (1) For the purpose of carrying out his functions under paragraph 2, an authorised officer may at any time, and on production if so required of his authority, enter onto any land, building, shed, place or pen where an animal or carcase is kept or suspected, on reasonable grounds, to be kept.
(2) The keeper of any animal or carcase and the owner or occupier of, and any person employed on or in, any land, building, shed, pen or place where it is kept shall, upon request by an authorised officer -
(3) If a person refuses to permit or otherwise delays or impedes the examination or official testing of any animal, or refuses or neglects to comply with any requirement imposed upon him in connection with such examination or testing, the Department may, by notice -
Prohibition on movement during testing
4. A person shall not, except with the prior permission of the Department, move or attempt to move or cause or permit to be moved any animal off a holding -
until the result of any such test is notified to the person by the Department.
Prohibition on tampering with official tests
5. A person shall not do any act or thing or attempt to do any act or thing or cause or permit any act or thing to be done whether before, during or after the carrying out of an official test, whereby the result of the test is intended to be affected.
Prohibition on testing, treatment and vaccination
6. - (1) A person, including an authorised officer, shall not take or cause or permit to be taken a sample from any animal for the purposes of an official test under this Scheme or the Brucellosis Control Order (Northern Ireland) 2004, or carry out any test on an animal for detection of the disease, except under and in accordance with the conditions of a licence issued by the Department.
(2) A person shall not treat any animal for the disease except under and in accordance with the conditions of a licence issued by the Department.
(3) A person shall not vaccinate any animal with an anti-abortion vaccine intended for use in the vaccination of an animal against the disease except under and in accordance with the conditions of a licence issued by the Department.
Sampling of milk
7. A person who buys milk in any form, from the keeper of a herd of dairy cows, for resale as milk or milk products shall, if required and in accordance with the conditions of a notice issued by the Department, ensure that a sample of milk (which includes milk from all the dairy cows in that herd whose milk is available for sale) is supplied to the Department.
Action in case of default
8. Where a person fails to comply with any requirement imposed on him under this Scheme or by virtue of any licence, notice, approval or authorisation issued under it, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out those requirements.
Any person who, without lawful authority or excuse, proof of which shall lie on him, contravenes any provision of this Order shall be guilty of an offence against the Diseases of Animals (Northern Ireland) Order 1981 and shall be liable, on summary conviction, either to imprisonment for a term not exceeding one month or to a fine not exceeding level 5 on the standard scale (currently £5,000) or in the case of an offence committed with respect to more than 5 animals, not exceeding level 3 on the standard scale currently (£1,000) for each animal.