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(This note is not part of the Order.)
This Order contains a Scheme for the examination and testing of bovine animals which, in conjunction with the Brucellosis Control Order (Northern Ireland) 2004, S.R. 2004 No. 361, is designed to keep bovine animals, so far as is practicable, free from brucellosis and to control and, so far as is practicable, reduce the incidence of that disease.
The Scheme –
(a)enables an authorised officer to carry out an examination or official test for brucellosis on any animal (paragraph 2(1));
(b)makes provision for any sample taken from an animal to be submitted to an approved laboratory, the tests to be applied to the sample and the notification of the results of such tests to the Department and keeper of the animal (paragraphs 2(2) and (3));
(c)provides powers of entry for an authorised officer and specifies the requirements imposed on any person in respect of the examination and testing of animals including requirements in the event of default by that person (paragraph 3);
(d)prohibits the movement of an animal while it is undergoing an official test, until the result of such test is known, except with the prior permission of the Department (paragraph 4);
(e)prohibits any act whereby the result of an official test is intended to be affected (paragraph 5);
(f)prohibits the sampling, testing, treatment or vaccination of an animal for brucellosis except under the authority of a licence from the Department (paragraph 6);
(g)prescribes the requirements which may be imposed on the purchaser of milk in any form, from the keeper of a herd of dairy cows, for resale as milk or milk products (paragraph 7);
(h)enables an inspector to carry out any requirements imposed on a person under the Scheme where that person fails to comply with those requirements (paragraph 8).
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.
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