Health of Animals Regulations

74 (1) The Minister may declare an eradication area, or a part of one, to be a tuberculosis-accredited area for a period of one year if

• (a) he or she is satisfied

  • (i) from tests or statistical analysis that the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, affected with bovine tuberculosis during the previous year does not exceed 0.1% of the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, and

  • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period; or

• (b) the eradication area, or part of it, has fewer than 10,000 bovine herds and he or she is satisfied

  • (i) from tests or statistical analysis that the number of herds of farmed bovines or farmed cervidae in the eradication area, or part of it, affected with bovine tuberculosis during the previous year does not exceed ten affected herds,

  • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period, and

  • (iii) that adequate bovine tuberculosis control and eradication measures in the eradication area, or part of it, will be maintained during that period.

(2) The Minister shall revoke a declaration made under subsection (1) if the conditions for making the declaration are no longer met.

(3) The Minister may declare an eradication area, or a part of one, to be a tuberculosis-accredited advanced area for a period of one year if

• (a) he or she is satisfied

  • (i) from tests or statistical analysis that the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, affected with bovine tuberculosis during each of the two previous years does not exceed 0.01% of the number of herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, and

  • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period; or

• (b) the eradication area, or part of it, has fewer than 30,000 bovine herds and he or she is satisfied

  • (i) from tests or statistical analysis that the number of herds of farmed bovines or farmed cervidae in the eradication area, or part of it, affected with bovine tuberculosis during each of the two previous years does not exceed three affected herds,

  • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period, and

  • (iii) that adequate bovine tuberculosis control and eradication measures in the eradication area, or part of it, will be maintained during that period.

(4) The Minister shall revoke a declaration made under subsection (3) if the conditions for making the declaration are no longer met.

(5) The Minister may declare an eradication area, or a part of one, to be a tuberculosis-free area for a period of one year if

• (a) he or she is satisfied

  • (i) from tests or statistical analysis that no cases of bovine tuberculosis have occurred among the herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, during the previous five years, and

  • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period; or

• (b) the eradication area, or part of it, was previously declared to be a tuberculosis-free area and he or she is satisfied

  • (i) from tests or statistical analysis that no cases of bovine tuberculosis have occurred among the herds of farmed bovines or farmed Cervidae in the eradication area, or part of it, during the previous three years, and

  • (ii) that a surveillance program sufficient to ensure the discovery of bovine tuberculosis in the eradication area, or part of it, will be maintained during that period.

(6) The Minister shall revoke a declaration made under subsection (5) if two or more herds affected with bovine tuberculosis have been detected in the eradication area, or part of it, within a period of 48 months beginning at any time after the area last became a tuberculosis-free area.

(7) For the purposes of this section, a herd is considered to be affected by bovine tuberculosis if at least one case of bovine tuberculosis has been detected in the herd.