Statutory Instruments of the Scottish Parliament

"carcase" means a pig carcase, and includes part of a carcase;

"the Chief Veterinary Officer" means the Chief Veterinary Officer of Great Britain;

"the disease" means classical swine fever;

"Divisional Veterinary Manager" means the veterinary inspector authorised by the Scottish Ministers to receive information about pigs or carcases infected with the disease, or pigs or carcases suspected of being infected with the disease, for the area in which such pigs or carcases are located;

"feral pig" means a pig which is not kept or bred on a holding and is not in a slaughterhouse, knacker's yard or on a means of transport;

"holding" means any place where any pig is bred or kept on a permanent or temporary basis but does not include a slaughterhouse, knacker's yard or means of transport, or a fenced area where feral pigs are kept and may be hunted;

"infected holding" means a holding where the Chief Veterinary Officer has confirmed that the disease is present;

"knacker's yard" means any premises used in connection with the business of killing, flaying or cutting up animals whose flesh is not intended for human consumption;

"means of transport" includes any vehicle, vessel or aircraft;

"pig" means an animal of the suidae family;

"slaughterhouse" means any building, premises or place (other than a farmed game handling facility) for slaughtering animals the flesh of which is intended for sale for human consumption, and includes any place available in connection therewith for the confinement of animals awaiting slaughter there; and

"the virus" means the classical swine fever virus.

    (2) For the purposes of this Order-

(a) a pig or carcase is suspected of being infected with the disease if the Chief Veterinary Officer is satisfied that the clinical signs or post mortem lesions it exhibits, or the results of a diagnostic test, suggest the possible presence of the virus in that pig or carcase; and

(b) a pig or carcase is infected with the disease if the Chief Veterinary Officer is satisfied that the clinical signs or post-mortem lesions it exhibits, or the results of a diagnostic test, indicate the presence of the virus in that pig or carcase.

(a) that vehicle has been cleansed and disinfected under the direction and supervision of an inspector; and

(b) the movement has been authorised by an inspector.

     3. The prohibitions in paragraphs 1 and 2 above shall not apply-

(a) if the movement is a licensed movement in accordance with paragraph 6;

(b) to the transport of any pig which is loaded on to a vehicle or train outside that protection zone and is transported through that zone by means of an uninterrupted journey without the vehicle or train being loaded or unloaded;

(c) to the movement or transport of any pig from outside that protection zone, with a view to immediate slaughter in a slaughterhouse situated inside that zone, provided that movement or transport has been licensed by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

     4. The occupier of a holding within a protection zone shall ensure that no other species of domestic animal enters or leaves that holding unless authorised to do so by a licence issued by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

     5. No person shall remove any pig semen, or the ovum or embryo of a pig from a holding, slaughterhouse, knacker's yard or other place within a protection zone.

     6. Where an infected area has been established following confirmation of the disease upon a holding, no person shall move any pig off that holding for at least 30 days after the completion of the preliminary cleansing and disinfection of that holding. Thereafter no person shall so move any pig unless licensed to do so by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

     7. Where-

(a) a holding has been within a protection zone for longer than 30 days as a result of further outbreaks of the disease within that zone; and

(b) this has given rise to welfare or other problems in keeping pigs on the holding,

pigs may be moved off that holding provided that any such movement is authorised by a licence issued by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

Notification of dead or diseased pigs on a holding or other place
     8. The occupier of any holding, slaughterhouse, knacker's yard or other place within a protection zone shall notify the Divisional Veterinary Manager about any dead or diseased pig on those premises.

Bio security
     9. The person in charge of any vehicle or equipment used for the transport of any pig or other livestock, or of material which may have been contaminated with the virus (including carcases, feeding stuffs, manure, slurry, utensils or waste) shall ensure that that vehicle or equipment is cleansed and disinfected as soon as possible after use and before it is used again under the direction and supervision of a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

     10. No person shall enter or leave any holding, slaughterhouse, knacker's yard or other place within a protection zone wearing clothing or footwear which is visibly contaminated with mud, slurry, animal faeces, droppings or excretions or any other similar matter unless that person cleanses and disinfects the outer surfaces of that clothing or footwear on entering or leaving those premises.

(a) to the transport of any pig which is loaded on to a vehicle or train outside that surveillance zone and is transported through that zone by means of an uninterrupted journey without that vehicle or train being loaded or unloaded in that zone; or

(b) to the movement or transport of any pig from outside that surveillance zone with a view to immediate slaughter in a slaughterhouse within that zone, provided that movement or transport has been licensed by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

     14. The occupier of any holding within a surveillance zone shall ensure that no other species of domestic animal enters or leaves that holding within seven days of the establishment of that zone unless licensed to do so by an inspector.

     15. No person shall remove any pig semen, or the ovum or embryo of a pig from a holding, slaughterhouse, knacker's yard or other place within a surveillance zone.

Movement of pigs
     16. Where an infected area has been established following confirmation of the disease on a holding, until that holding has been cleansed and disinfected no person shall move any pig off any other holding in the surveillance zone forming part of that infected area for at least 21 days. Thereafter no person shall move any pig off any other holding unless licensed to do so by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

     17. Where -

(a) a holding has been within a surveillance zone for more than 30 days as a result of further outbreaks of the disease within that zone; and

(b) this has given rise to welfare or other problems in keeping pigs on the holding,

pigs may be moved off that holding provided that the movement is licensed by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

Bio security
     18. The person in charge of any vehicle or equipment used to transport any pig, other livestock, or material which may be contaminated with the virus (including carcases, feeding stuffs, manure, slurry, utensils and waste) shall ensure that the vehicle or equipment is cleansed and disinfected as soon as possible after use and before it is used again in accordance with the directions of a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

     19. No person shall enter or leave any holding, slaughterhouse, knacker's yard or other place within the surveillance zone wearing clothing or footwear which is visibly contaminated with mud, slurry, animal faeces, droppings or excretions or any other similar matter unless that person cleanses and disinfects the outer surfaces of that clothing or footwear on entering or leaving those premises.

Notification of dead or diseased pigs on a holding, slaughterhouse, knacker's yard or other place
     20. The occupier of any holding, slaughterhouse, knacker's yard or other place within a surveillance zone shall notify the Divisional Veterinary Manager about any dead or diseased pigs on those premises.

(a) all pigs on that holding are restricted to their living quarters or to some other part of the holding where they can be isolated from feral pigs; and

(b) feral pigs are prevented from gaining access to any material that might come into contact with pigs on that holding.

Movement of feral pigs
     3. No person shall move a feral pig or the carcase of a feral pig onto or off any holding unless licensed to do so by a veterinary inspector.

Bio-security
     4. The occupier shall ensure that appropriate means of disinfection are provided and used at the entrances and exits of those parts of any holding, slaughterhouse, knacker's yard or other place in which any pig is being kept and of those premises.

Dead or diseased feral pigs
     5. The occupier shall notify the Divisional Veterinary Manager of any dead or diseased feral pig on any holding or other place and shall retain the carcase of any dead feral pig on that holding or other place until that occupier receives notification from a veterinary inspector that it is no longer necessary to do so.

Feral pigs
     6. No person shall bring on to a holding, slaughterhouse, or knacker's yard in the infected area-

(a) the carcase of a feral pig; or

(b) any material or equipment which could have had contact with a feral pig in the infected area.

(a) requires any person who suspects that a pig or carcase is infected with classical swine fever ("the disease") to notify the Divisional Veterinary Manager for that area (article 4);

(b) requires the Divisional Veterinary Manager, in any case where he suspects that the disease may exist on a holding, to serve a notice imposing the requirements set out article 5;

(c) permits a veterinary inspector to serve a further notice extending certain of the restrictions in article 5 (article 6);

(d) where the presence of the disease is confirmed on a holding, requires a veterinary inspector to serve a notice on the occupier of the holding requiring him to ensure that the restrictions and requirements in article 5 and any applicable requirements of article 6 are carried out (article 7);

(e) sets out the measures which must be taken where the disease is confirmed in a slaughterhouse, knacker's yard or other place or on a means of transport (article 8);

(f) makes provision for an epidemiological investigation in certain circumstances (articles 5(1)(c), 7(b) and 8(2));

(g) sets out the action that should be taken where it is considered that the disease may have been transferred to or from the infected or suspected holding to or from another holding (article 9);

(h) provides for the establishment of temporary control zones imposing restrictions to limit the spread of the disease (article 10);

(i) requires the Scottish Ministers to set up an infected area around the location of the outbreak of the disease and provides for this to be split into a protection zone and a surveillance zone in order that the disease can be controlled and monitored (article 11);

(j) sets out requirements for cleansing and disinfection where that is required under the Order (article 12);

(k) sets out the measures to be taken where the disease is suspected or confirmed in feral pigs (articles 13 & 14);

(l) prohibits the use of the classical swine fever vaccine except for duly authorised purposes (article 15);

(m) gives power to an inspector to take action to ensure that the requirements of this Order are carried out where any person fails to comply with those restrictions and requirements, and sets up an appeal procedure (article 16);

This Order will impose no financial cost on the industry unless there were to be confirmed cases of classical swine fever. Since the requirements imposed by the Directive will differ little from existing practice, in the event of the disease being confirmed in pig herds in Scotland there should be no additional burdens in complying with the new requirements.

A Regulatory Impact Assessment has been prepared for this Order, and has been placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Executive Environment and Rural Development Department, Pentland House, Robb's Loan, Edinburgh, EH14 1TY.