The Department of Agriculture, Food and the Marine (DAFM) has said it is possible for farms restricted with TB to avoid being caught out on the ranking and selection criteria under the Targeted Agricultural Modernisation Scheme (TAMS).
However, the department said that this would only be on a 'case-by-case' force majeure basis.
The department also confirmed that it is "not possible" to remove the stocking rate criteria from the ranking and selection process under the scheme.
The department's confirmation comes after concerns were raised by the Irish Creamery Milk Suppliers' Association (ICMSA) that the process is penalising farmers with higher stocking rates arising from TB restrictions.
Highly stocked farmers acquire negative marks under ranking and selection which ultimately can lead to farmers missing out on application approvals under TAMS.
“The department [isn't] even differentiating farmers who are highly stocked due to TB," ICMSA Farm Business Committee chairperson Pat O’Brien said.
"They just seem to be basing it off whatever stocking rate they see in front of them. Talk about kicking someone when they’re down; this is not acceptable.
"Farmers who are TB-restricted cannot sell animals, which inevitably leads to higher stocking rates.
"We have seen correspondence clearly showing farmers missing out on TAMS approval solely because they were restricted," the ICMSA representative said.
In response to a query from Agriland, the department said: "The ranking and selection system process under the Targeted Agriculture Modernisation Scheme is a key mechanism to manage the number of approvals under a particular tranche.
"The criteria applied - which are available on the department’s website - include elements such as farm size, ANC [areas of natural constraint] land, stocking rate and whether the applicant is a young farmer," the department added.
The department confirmed: "It is not possible to remove the stocking rate criteria from the process.
"However, in cases where herds have been restricted due to TB, the department will consider these, under force majeure, on a case-by-case basis."
Any such enquiries should be made to the TAMS Section at Johnstown Castle, the department said.