Made | 28th November 2003 | ||
Coming into operation | 5th December 2003 |
1. | Citation and commencement |
2. | Interpretation |
3. | Exemptions |
4. | Notification of the disease |
5. | Measures while the suspicion of the disease is being investigated |
6. | Further measures where a notice has been served under Article 5 |
7. | Measures where the disease is confirmed on a holding |
8. | Measures where the disease is confirmed in a slaughterhouse, knacker's yard or on a means of transport |
9. | Measures that apply in respect of holdings from or to which the disease may have been transmitted |
10. | Temporary control zone |
11. | Protection and surveillance zones |
12. | Cleansing and disinfection |
13. | Feral pig investigation zone |
14. | Measures where the disease is confirmed in a feral pig |
15. | Vaccines |
16. | Compliance with notices etc. |
17. | Production of licences |
18. | Powers of inspection |
19. | Revocation |
SCHEDULE 1 | Measures that apply in protection and surveillance zones |
SCHEDULE 2 | Measures that apply in an infected area established under Article 14 |
(2) For the purposes of this Order -
Exemptions
3.
This Order shall not apply in respect of the presence of the virus in circumstances which are authorised by a licence issued under the Specified Animal Pathogens Order (Northern Ireland) 1999[2].
Notification of the disease
4.
- (1) A person who suspects the disease in any pig or carcase which is -
shall immediately notify the appropriate Divisional Veterinary Officer.
(2) A person tending an affected or suspected pig shall not tend any other pig in his possession or under his charge except in accordance with the instructions of an inspector.
(3) A person who analyses samples taken from any animal or carcase and who finds evidence of antibodies or antigens to the disease or to any vaccine for the disease shall immediately notify the appropriate Divisional Veterinary Officer.
(4) A person shall not move from any holding or other place -
until that holding or other place has been visited by a veterinary inspector and the veterinary inspector has either imposed restrictions under this Order or notified the occupier of the holding or place that he does not consider it necessary to do so.
Measures while the suspicion of the disease is being investigated
5.
- (1) Where a veterinary inspector suspects that the disease may exist or may within the previous 56 days have existed on any holding or other place or in any means of transport (whether or not notification has been given under Article 4), he shall -
(2) The restrictions and requirements referred to paragraph (1) are as follows -
on the holding or other place or in the means of transport, as the case may be.
(b) where the notice relates to a holding or other place, the occupier shall ensure that the record is kept up to date to take account of pigs that are born or die on the holding or other place during the period that restrictions under this Article are in force. The record shall also record the number of pigs which fall sick having been previously apparently free of disease.
(c) the responsible person shall produce the record to a veterinary inspector on request.
(d) where the notice relates to a holding or other place -
(3) Where a veterinary inspector or an inspector acting under the direction of a veterinary inspector has grounds for suspecting the presence of vectors on a particular holding or other place in consequence of their location, geographical situation or contacts with another holding or other place where the disease is known or suspected to exist (in Northern Ireland or elsewhere), he may serve a notice of the grounds on the occupier of the particular holding or other place, and thereupon a veterinary inspector or an inspector acting in accordance with a veterinary inspector's direction may enter the particular holding or other place.
Further measures where a notice has been served under Article 5
6.
Where a notice has been served on a responsible person under Article 5, a veterinary inspector may, by further notice served on that person -
(c) where the notice relates to a holding or other place -
Measures where the disease is confirmed on a holding
7.
- (1) Where the Department has confirmed that the disease is present on a holding, a veterinary inspector shall serve a notice on the occupier of that holding requiring him to ensure that the relevant prohibitions and requirements contained in Article 5 are complied with unless a notice under Article 5 has already been served, in which case the restrictions and requirements contained in it will remain in force until they are either varied or removed by a veterinary inspector.
(2) On and after such confirmation a veterinary inspector may serve a further notice on the occupier of the holding in question requiring him to ensure that the relevant prohibitions and requirements contained in Article 6 are complied with.
Measures where the disease is confirmed in a slaughterhouse, knacker's yard or on a means of transport
8.
Where the Department has confirmed that the disease is present in a slaughterhouse, knacker's yard or on a means of transport, a veterinary inspector may serve a notice on the occupier of the slaughterhouse, knacker's yard or person in charge of the means of transport requiring him to ensure that -
Measures that apply in respect of holdings from or to which the disease may have been transmitted
9.
- (1) Where, following an investigation into the epidemiology of the disease on a holding, a veterinary inspector considers that the disease on an infected or suspected holding may, for any reason, have been transmitted from or to other premises, he may serve a notice under Article 5 on the occupier of that other holding.
(2) Where disease has been confirmed in animals or carcases in a slaughterhouse, knacker's yard or on a means of transport, a veterinary inspector may serve a notice under Article 5 on the occupier of any premises from which the infected animals or carcases in that slaughterhouse, knacker's yard or that means of transport, have come directly or indirectly within the previous 56 days or, in the case of a means of transport, any premises to which the means of transport has travelled since carrying the infected animals.
Temporary control zone
10.
- (1) Following the service of a notice under Article 5, the Department may, by notice, declare the establishment of a zone to be known as a "temporary control zone".
(2) The location and size of the temporary control zone in any case shall be such as the Department considers necessary to prevent the spread of disease.
(3) Where a temporary control zone has been established, a person shall not -
(4) The prohibition in paragraph (3)(c) shall not apply to pigs which are loaded onto a vehicle outside the zone and transported through it without the vehicle being loaded or unloaded inside the zone.
(5) Where a controlled area has been established which touches the border of Northern Ireland the Department may, as it considers necessary, establish such an associated temporary control zone in Northern Ireland for the purposes referred to in paragraph (2).
(6) Any holding, slaughterhouse or knacker's yard which is partly inside and partly outside a temporary control zone shall be deemed to be wholly inside that zone.
(7) In this Article "controlled area" means any area declared as such in the Republic of Ireland for preventing or controlling the spread of the disease.
(8) Nothing in paragraph (6) shall deem any area outside Northern Ireland to be inside a temporary control zone.
Protection and surveillance zones
11.
- (1) Upon confirmation of the disease on any holding, slaughterhouse, knacker's yard or other place the Department shall by notice declare the establishment of an infected area comprising -
(2) The protection zone in any infected area declared under paragraph (1) shall cover an area within a radius of at least three kilometres measured from the place in which the disease is confirmed and shall be contained in a surveillance zone covering an area with a radius of at least ten kilometres, measured from the same place.
(3) Upon confirmation of the disease on a holding, slaughterhouse or knacker's yard in the Republic of Ireland, that is within ten kilometres of the border of Northern Ireland, the Department shall, by notice declare the establishment of an infected area comprising any part of Northern Ireland that lies within a radius of ten kilometres, measured from the place in the Republic of Ireland where the disease was confirmed.
(4) The infected area declared under paragraph (3) shall comprise -
(5) Part I of Schedule 1 shall apply in a protection zone and Part II of Schedule 1 shall apply in a surveillance zone.
(6) The Department may take such steps as it considers necessary to ensure that all persons in an infected area declared under this article are made fully aware of the restrictions in force in relation to that area, including exhibiting notices or signs on property situated within the infected area.
(7) Any holding, slaughterhouse or knacker's yard which is partly inside and partly outside a surveillance or protection zone shall be deemed to be wholly inside that zone.
(8) Nothing in paragraph (7) shall deem any area outside Northern Ireland to be inside an infected area.
Cleansing and disinfection
12.
- (1) Disinfection under this Order shall be carried out with a disinfectant approved for the purpose under the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972[3].
(2) Acaricides used under this Order shall be those registered under the Control of Pesticides Regulations (Northern Ireland) 1987[4] or authorised under the Biocidal Products Regulations (Northern Ireland) 2001[5].
Feral pig investigation zone
13.
- (1) Where the Department has reason to suspect that the disease exists in feral pigs in -
the Department shall by notice declare the establishment of a feral pig investigation zone within Northern Ireland and the provisions of paragraph (3) shall apply in relation to that zone.
(2) The feral pig investigation zone shall cover such area in Northern Ireland as the Department considers necessary to enable it to carry out an investigation to confirm or rule out the presence of the disease.
(3) Any person who shoots, or finds the carcase of, a feral pig in the feral pig investigation zone, shall immediately inform the Divisional Veterinary Officer and if that person has shot the pig he shall keep the carcase for at least 24 hours and make it available to the appropriate Divisional Veterinary Officer for any sampling or testing which the Divisional Veterinary Officer may consider appropriate.
Measures where the disease is confirmed in a feral pig
14.
- (1) Where the presence of the disease is confirmed in a feral pig in Northern Ireland or in any place in the Republic of Ireland within ten kilometres of the border with Northern Ireland the Department shall by notice declare the establishment of an infected area in Northern Ireland of sufficient size to cover the area where it is suspected that the disease is present.
(2) The Department may apply any or all of the restrictions and requirements of Schedule 2 in the infected area and may also suspend the hunting and ban the feeding of feral pigs in that area.
(3) The Department may take such steps as it considers necessary to ensure that all persons in an infected area declared under paragraph (1) are made fully aware of the restrictions and requirements in force in the infected area, including exhibiting notices or signs on property situated within that area.
(4) The Department may by notice impose a ban on pig breeding in an infected area or on the establishment of new holdings or both except in accordance with a licence issued by an inspector.
(5) Any holding which is partly inside and partly outside an infected area declared under paragraph (1) shall be deemed to be wholly inside that area.
(6) Nothing in paragraph (5) shall deem any area outside Northern Ireland to be inside an infected area.
Vaccines
15.
A person shall not administer an African swine fever vaccine to any pig unless authorised to do so by the Department.
Compliance with notices etc.
16.
- (1) Any notice or licence under this Order shall be in writing, may be general or specific, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time.
(2) If any person fails to comply with any requirement of this Order or any instruction given, or notice or licence served under it, an inspector may, without prejudice to any proceedings for an offence arising as a consequence of that failure, take such action as may be necessary to ensure that the requirements, instruction, notice or licence is complied with or carried out.
Production of licences
17.
Any person acting under the authority of a licence issued under this Order shall, on demand made by an inspector or a member of the Police Service of Northern Ireland produce the licence and allow a copy thereof or an extract therefrom to be taken and shall also on such demand, furnish his name and address.
Powers of inspectors
18.
- (1) A veterinary inspector who enters premises under this Order may -
(2) An inspector who enters premises under this Order may -
(b) undertake surveillance for the presence of vectors under the direction of a veterinary inspector; and
(c) implement such vector control measures as a veterinary inspector may deem necessary.
Revocation
19.
The African Swine Fever Order (Northern Ireland) 1981[6] is hereby revoked.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
28th November 2003.
L.S.
Liam McKibben
A senior officer of the Department of Agriculture and Rural Development
3.
A person shall not move out of the protection zone any vehicle which has been used to transport pigs within the zone, unless -
4.
The occupier of a holding within the protection zone shall ensure that no other species of domestic animal enters or leaves that holding unless the movement is authorised by a licence issued by an inspector.
5.
A person shall not remove any pig semen, ova or embryos from a holding within the protection zone.
6.
A person shall not move any pig in the protection zone off the holding on which it is kept for at least 40 days after the completion of the preliminary cleansing and disinfection of and any application of an acaricide to the infected holding and, thereafter a person shall not move any pig unless licensed to do so by an inspector.
7.
Where a holding has -
pigs may be moved off the holding provided that any such movement is authorised by a licence issued by an inspector.
Reduction of periods of waiting
8.
If the Chief Veterinary Officer is satisfied following a sampling and testing programme that the disease no longer exists on the holding in question, the period of 40 days referred to in paragraphs 6 and 7 may by notice be reduced to 30 days.
Notification of pig deaths on a holding
9.
The occupier of any holding within the protection zone shall notify the appropriate Divisional Veterinary Officer about any dead or infected pig on his holding.
Bio-security
10.
The person in charge of any vehicle or equipment used for the transport of pigs, other livestock or material which may have been contaminated with the virus (for example, carcases, feed, manure, and slurry) shall ensure that it is cleansed and disinfected or otherwise treated as soon as possible after use and before it is used again, in accordance with the directions of an inspector.
11.
A person shall not enter or leave any holding within the protection zone wearing clothing or footwear which are visibly contaminated with mud, slurry, animal faeces, droppings or excretions or any other similar matter except that such person may cleanse and disinfect the outer surfaces of their footwear on entering or leaving the holding.
14.
A person shall not move any livestock vehicle from the surveillance zone if it has been used to transport pigs, unless it has first been cleansed and disinfected and, if necessary, an acaricide has been applied or unless it has been driven through the zone without being loaded or unloaded.
15.
The occupier of any holding within the surveillance zone shall ensure that no other species of domestic animal enters or leaves that holding within 7 days of the establishment of that zone unless licensed to do so by an inspector.
16.
A person shall not remove any pig semen, ovum or embryo from a holding within the surveillance zone.
Movement of pigs
17.
A person shall not move any pig off a holding in the surveillance zone for at least 30 days after the completion of the preliminary cleansing and disinfection of and any application of an acaricide to the infected holding and thereafter a person shall not move any pig unless licensed to do so by an inspector.
18.
Where a holding has -
pigs may be moved off that holding provided that the movement is licensed by an inspector.
Reduction of periods of waiting
19.
If the Chief Veterinary Officer is satisfied following a sampling and testing programme that the disease no longer exists on the holding in question, the period of 30 days referred to in paragraph 17 may by notice be reduced to 21 days and the period of 40 days referred to in paragraph 18 may be so reduced to 30 days.
Bio-security
20.
The person in charge of any vehicle or equipment used for the transport of pigs, other livestock or material which may have been contaminated with the virus (for example, carcases, feed, manure and slurry) shall ensure that it is cleansed and disinfected or otherwise treated as soon as possible after use and before it is used again, in accordance with the directions of an inspector.
21.
A person shall not enter or leave any holding within the surveillance zone wearing clothing or footwear which are visibly contaminated with mud, slurry, animal faeces, droppings or excretions or any other similar matter except that such person may cleanse and disinfect the outer surfaces of their footwear on entering or leaving the holding.
Notification of deaths of pigs on a holding
22.
The occupier of any holding within the surveillance zone shall notify the appropriate Divisional Veterinary Officer about any dead or infected pigs on his holding.
Movement of pigs
3.
A person shall not move a pig on to or off a holding unless licensed to do so by an inspector.
Bio-security
4.
The occupier shall ensure that appropriate means of disinfection and, if necessary, application of an acaricide are provided and used at the entrances and exits of those parts of the holding in which pigs are being kept and of the holding itself.
Dead or diseased pigs
5.
The occupier shall ensure that he notifies the appropriate Divisional Veterinary Officer of any feral pigs that die on the holding and shall retain the carcases of such animals on the holding until a veterinary inspector has notified him that he no longer needs to do so.
Feral pigs
6.
A person shall not bring on to a holding in the infected area -
[3] S.R. 1972 No. 16 as amended by S.R. 1975 No. 69 and S.R. 1995 No. 467back
[4] S.R. 1987 No. 414, as amended by S.R. 1991 No. 203 and S.R. 1997 No. 469back
[5] S.R. 2001 No. 422 (to which there are amendments not relevant to this Order)back