Made | 27th April 2006 | ||
Coming into force | 28th April 2006 |
4.
In article 3 (extension of definition of "poultry") for "comprise" substitute "include".
5.
In article 5 (licences)–
(2) Except when otherwise directed by the Scottish Ministers, premises in England, Wales or Northern Ireland designated respectively by the Secretary of State, the National Assembly for Wales, or by the Department for Agriculture and Rural Development of Northern Ireland for the same purposes as they may be designated under this Order are deemed to be designated by the Scottish Ministers for the purposes of this Order.".
7.
In article 6(1) (publications of declarations, licences and notices), after "licences" insert ", designations".
8.
In article 11 (additional measures)–
10.
In article 13(1)(b) for "the date the Chief Veterinary Officer (Scotland) advised the Scottish Ministers of the presence of H5 in that wild bird or carcase" substitute "that date".
11.
After article 17 insert–
(2) The Scottish Ministers must not make such a designation unless they are satisfied that the premises are so constructed and operated that the risk of the transmission of avian influenza from them is minimal.
(3) The following premises are deemed to be designated under paragraph 1(c), unless the Scottish Ministers direct otherwise by notice to the occupier of the premises–
Powers of entry to take tests and samples
17B.
–
(1) A veterinary inspector who enters any land, building or other place in exercise of the inspector's power under section 63 or 64 of the Act may–
12.
Articles 14 to 17 are omitted.
13.
In article 18(1) for "section 64" substitute "section 64A".
14.
For Schedules 1 to 3 substitute–
(e) a maximum of five pet birds to premises on which no poultry are kept; or
(f) other captive birds–
(3) In this paragraph, "associated wild bird surveillance zone" means, in relation to a wild bird protection zone, the wild bird surveillance zone centred on the same place as that wild bird protection zone.
Restriction on movement of poultry from premises of destination
2.
If a veterinary inspector, or an inspector acting at a veterinary inspector's direction, grants a licence for a movement of any poultry or farmed feathered game under paragraph 1(2)(a), (b), (d), or (e) the occupier of the premises to which they are moved must ensure that neither they nor any other poultry or farmed feathered game are moved off the premises for 21 days from the date when those poultry or farmed feathered game arrived.
Slaughter of poultry
3.
The occupier of a slaughterhouse to which poultry are moved in accordance with paragraph 1(2)(c) must ensure that the poultry are slaughtered without delay.
Prohibition on the movement of poultry and other captive birds in to or out of a wild bird protection zone
4.
No person may move poultry or other captive birds in to or out of a wild bird protection zone except where the movement is–
(4) A veterinary inspector may not grant or direct the grant of a licence under sub-paragraph (2) for movement for the purpose of trade with another EEA State unless–
(b) the inspector is satisfied that all the hatching eggs and their packaging have been disinfected before loading; and
(c) the inspector is satisfied that, once moved, all the hatching eggs will be traceable to the premises of origin.
(5) No person may move any hatching egg under the authority of a licence granted under sub-paragraph (2) for a movement for the purpose of trade with another EEA State unless the vehicle used for movement was sealed after loading by a veterinary inspector or by a person acting at that inspector's direction.
Prohibition on the movement of an SPF egg from the wild bird protection zone
6.
No person may move any SPF egg out of a wild bird protection zone except to a designated laboratory or institute for scientific, diagnostic or pharmaceutical uses under the authority of a licence granted by a veterinary inspector or an inspector acting at the direction of a veterinary inspector.
(b) "Regulation 853/2004" means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin [9]as amended by Regulation (EC) No. 2074/2005[10]and Regulation (EC) No. 2076/2005[11]and as read with Directive 2004/41[12], Regulation (EC) No. 1688/2005[13], Regulation (EC) No. 2074/2005 and Regulation (EC) No. 2076/2005; and
(c) "Regulation 854/2004" means Regulation (EC) No. 854/2004 of the European Parliament and of Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption[14]as amended by Regulation 882/2004[15], Regulation 2074/2005 and Regulation 2076/2005 and as read with Directive 2004/41, Regulation 2074/2005, Regulation 2075/2005[16]and Regulation 2076/2005.
Restriction on the movement of controlled meat out of a wild bird protection zone
8.
–
(1) No person may move controlled meat, other than controlled meat specified in sub-paragraphs (a) to (g), out of a wild bird protection zone–
(ii) was obtained, cut, stored and transported separately from other fresh meat from poultry destined for dispatch to other Member States or third country; and
(iii) is used in such a way as to avoid it being introduced into meat products or meat preparations intended for placing on the market outside the United Kingdom, unless it has undergone a treatment against avian influenza.
Treatment against avian influenza
9.
Where a movement of controlled meat out of the wild bird protection zone is permitted by paragraph 8(1)(c), the occupier of the establishment to which it is moved must ensure that it is subjected to a treatment against avian influenza.
Requirements for the marking of meat
10.
–
(1) The mark applied under paragraph 8(1)(c) and 8(1)(g)(i)(aa) must bear a diagonal cross consisting of 2 straight lines intersecting at the centre of the stamp and enabling the information on the stamp to remain legible.
(2) The mark may be applied using a single oval stamp, 6.5 centimetres wide by 4.5 centimetres high.
(3) The following must appear on the mark and be clearly legible–
(4) The letters on the mark must be at least 0.8 centimetres high and the figures at least 1 centimetre high.
(5) The mark must be applied under the direct supervision of a veterinary inspector.
Cleansing of vehicles leaving a slaughterhouse
11.
A person who removes a vehicle containing controlled meat from a slaughterhouse must ensure that its wheels and wheel arches are cleansed and disinfected prior to departure.
(4) The prohibition in sub-paragraph (1) does not apply to a movement permitted under Part 3.
(5) Poultry products referred to in sub-paragraph (3)(p) must be accompanied by a commercial document in accordance with Chapter X of Annex II which states in point 6.1 of that document that they have been treated with a steam current or with another method to ensure no avian influenza pathogen remains.
(6) Sub-paragraph (5) does not apply to processed decorative feathers or processed feathers carried by travellers for their private use or consignments of processed feathers sent to private individuals for non-industrial purposes.
Permitted movement: poultry products not subject to an animal health ban or restriction
13.
The following products derived from poultry which are not subject to any animal health conditions or which are not subject to any ban or restriction for reasons of animal health are permitted to be moved from the wild bird protection zone–
Cleansing of vehicles
14.
A person who removes a vehicle carrying any product referred to in paragraph 12(3) from premises in a wild bird protection zone must ensure that the wheels and wheel arches are cleansed and disinfected prior to departure from the premises.
Prohibition on the spread of used poultry litter or poultry manure
16.
No person may spread any used poultry litter or poultry manure from premises in a wild bird protection zone outside the zone unless it has been treated in accordance with Regulation (EC) No. 1774/2002.
Prohibition on hunting wild birds in a wild bird protection zone
17.
No person may hunt wild birds in a wild bird protection zone.
Prohibition on gatherings of poultry and other captive birds in a wild bird protection zone
18.
No person may permit any poultry or other captive birds to be collected together in a wild bird protection zone at any fair, market, show or other gathering.
Restriction on movement of poultry from premises of destination
2.
If a veterinary inspector or an inspector acting at a veterinary inspector's direction, grants a licence for a movement of any poultry under paragraph 1(2)(a) to premises other than a slaughterhouse the occupier of the premises to which they are moved must ensure that neither they nor any other poultry are moved off the premises for 21 days from the date when those poultry arrived.
Slaughter of poultry
3.
The occupier of a slaughterhouse to which poultry are moved in accordance with paragraph 1(2)(a) must ensure that the poultry are slaughtered without delay.
Prohibition on the movement of hatching eggs from premises in a wild bird surveillance zone
4.
No person may move any hatching egg from premises in a wild bird surveillance zone except under the authority of a licence.
Prohibition on hunting wild birds in a wild bird surveillance zone
5.
No person may hunt wild birds in a wild bird surveillance zone.
Prohibition on gatherings of poultry and other captive birds in a wild bird surveillance zone
6.
No person may permit any poultry or other captive birds to be collected together in a wild bird surveillance zone at any fair, market, show or other gathering.
(2) In this Schedule–
2.
The occupier must ensure that poultry and other captive birds are housed or kept separate from other birds, including wild birds.
3.
The occupier must provide and maintain means of disinfection at the entrances and exits of commercial premises and any buildings on the premises housing poultry.
4.
A person entering or leaving commercial premises must not wear clothing or footwear which is visibly soiled with mud, droppings, animal or bird faeces, or any similar matter.
5.
A person in charge of any vehicle entering or leaving commercial premises must ensure that–
ROSS FINNIE
A member of the Scottish Executive
St Andrew's House, Edinburgh
27th April 2006
[3] O.J. No. L 273, 10.10.02, p.1.back
[8] S.S.I. 2000/216 as amended by 2000/300, 2002/125 and 196, and 2005/278.back
[9] O.J. No. L 139, 30.4.04, p.55. The revised text of the Regulation is contained in a corrigendum (O.J. No. L 226, 25.6.04, p.22).back
[10] O.J. No. L 338, 22.12.05, p.27.back
[11] O.J. No. L 338, 22.12.05, p. 83.back
[12] O.J. No. L 157, 30.4.04, p.33. The revised text of Directive 2004/41 is contained in a corrigendum (O.J. No. L 195, 2.6.04, p.12.)back
[13] O.J. No. L 271, 15.10.05, p.17.back
[14] O.J. No. L 139, 30.4.04, p.206. The revised text of the Regulation is contained in a corrigendum (O.J. No. L 226, 25.6.04, p.83).back
[15] O.J. No. L 165, 30.4.04, p.1. The revised text of Regulation 882/2004 is contained in a corrigendum (O.J. No. L 191, 28.5.04, p.1).back
[16] O.J. No. L 338, 22.12.05, p.60.back
[17] O.J. No. L 338, 22.12.2005, p83.back
[18] O.J. No. L 273, 10.10.02, p.1.back
[19] S.S.I. 2000/216 as amended by 2000/300, 2002/125 and 196, and 2005/278.back
© Crown copyright 2006