Animal Health and Welfare Act 2013

10

Prohibition on spreading disease.

10.—(1) A person shall not wilfully, recklessly or negligently—

(a) transmit a disease or introduce a disease agent, or

(b) cause or permit another person to transmit a disease or introduce a disease agent,

to an animal or onto land or premises.

(2) A person shall not—

(a) carry out any process, or cause or permit any other person to carry out a process, on, or

(b) administer, or cause or permit another person to administer, a substance to,

an animal, that may interfere with a test, cause symptoms that may be confused with, or mask the symptoms of, a disease or a disease agent.

(3) A person shall not, except in accordance with a permit issued by an authorised officer, have in his or her possession or under his or her control, purchase, sell, supply, move, export or import an animal, animal product or animal feed to which—

(a) a disease or a disease agent has been transmitted, or

(b) a substance has been administered that may interfere with a test, cause symptoms that may be confused with symptoms of a disease or mask the symptoms of a disease,

in contravention of subsection (1) or (2).

(4) An authorised officer may for the purposes of subsection (3) issue a permit and may attach such terms and conditions to it as he or she considers appropriate.

(5) This section does not apply to anything done under or in accordance with—

(a) the Animal Remedies Act 1993,

(b) the Irish Medicines Board Act 1995, or

(c) the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012 (S.I. No. 543 of 2012).

(6) A person who contravenes this section commits an offence.

(7) In proceedings for an offence under this section it is a defence for the accused to show that he or she took all reasonable precautions and measures (including any precautions or measures prescribed under animal health and welfare regulations) to prevent the introduction of, or minimise the spread of, the disease concerned.

(8) If an animal, land or premises is affected with a disease or a disease agent, the Minister may, if he or she considers it appropriate to do so, publish that fact, and—

(a) the location of the land or premises and the identity of the owner or person having possession or control of the animal,

(b) the address and identity of the owner or person in charge of the land or premises,

(c) any biosecurity measures that apply to the animal, land or premises,

(d) any restriction on the use of the animal, land or premises, and

(e) any other information that he or she considers is in the public interest,

in a manner that the Minister considers appropriate.