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PART IIIMOVEMENT CONTROL

Pre-movement tests

5.—(1) In this Article –

(a)“animal” means any animal over 12 months old with the exception of steers;

(b)“controlled movement” means the movement of an animal into or out of any herd other than –

(i)directly to premises at which it is to be slaughtered; or

(ii)from a market, show or exhibition;

(c)“pre-movement test” means in the case of any animal an official test carried out in accordance with Annex C of the Directive by a laboratory approved by the Department for those purposes on a sample taken from it in accordance with paragraph (5).

(2) Subject to paragraphs (3) and (4), an animal shall not make any controlled movement unless –

(a)it has reacted negatively to a pre-movement test on a sample taken from it during the 30 days prior to the date of the movement; or

(b)it is moved under and in accordance with the conditions of a licence issued by the Department.

(3) If, during the period of 30 days following the taking of a sample for a pre-movement test, an animal makes a controlled movement, that animal shall not make a second or further such movement during the remainder of the 30 day period unless, before the second or further movement, it has reacted negatively to a second or further pre-movement test, as the case may be.

(4) The requirements of paragraph (3) for a second or further pre-movement test shall not apply in any case where an animal is moved to a market, show or exhibition from a herd where the animal has reacted negatively to a pre-movement test carried out in that herd on a sample taken at any time during the 30 days prior to the date of the movement and during that period the animal has not formed part of any other herd.

(5) A sample for the purposes of a pre-movement test shall be arranged by the keeper at his own expense and shall be taken by a person approved, for this purpose, by the Department.