Statutory Instruments
ANIMALS
ANIMAL HEALTH
Made
8th January 1993
Laid
8th January 1993
Coming into force
9th January 1993
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 1, 7, 10 and 72 of the Animal Health Act 1981(1), and of all other powers enabling them in that behalf, hereby make the following Order:
1.-(1) This Order may be cited as the Animals (Post-Import Control) Order 1992 and shall come into force on 9th January 1993.
(2) In this Order, unless the context otherwise requires,
"the Act" means the Animal Health Act 1981;
"disinfect" means disinfect with a disinfectant approved by the Minister;
"Divisional Veterinary Officer" means a veterinary inspector appointed as such by the Minister.
(3) In this Order any reference to a Community directive, decision or regulation is a reference to that instrument as amended.
2.-(1) Any person importing cattle into Great Britain-
(a)other than from Northern Ireland or from a country or region of a country recognised by the Commission of the European Economic Community as being free from warble fly infestation, and
(b)other than for immediate slaughter shall-
(i)ensure that they are treated with an approved specified warble fly preparation as defined in Council Directive 81/851/EEC on the approxima-tion of the laws of the member States relating to veterinary medicinal products(2) and Council Directive 81/852/EEC on the approximation of the laws of the member States relating to analytical, pharmaco-toxicological and clinical standards and protocols in respect of the testing of medicinal veterinary products(3) within 24 hours of the arrival of the cattle at the premises of destination specified on the health certification accompanying the animals, and
(ii)within 5 working days of their arrival at their place of destination, send to the Divisional Veterinary Officer for the area in which the premises of destination are found, a written declaration that the imported animals have been treated as required.
(2) It shall be an offence against the Act for any person knowingly to make a false declaration under paragraph (1) above.
3.-(1) Any person importing pigs into Great Britain from Northern Ireland, from another member State other than Denmark or from a country which is not a member State, in accordance with Article 2 or 4 of Commission Decision of 11th November 1992 concerning additional guarantees relating to Aujeszky's disease for pigs destined to member States or Regions free of the disease (not yet published in the Official Journal) shall-
(a)take them directly from the point of entry into Great Britain to the premises of destination named in the accompanying health certification;
(b)not allow them to come into contact with pigs which are not part of the same consignment;
(c)ensure that the vehicle is thoroughly cleansed and disinfected before it leaves the premises of destination.
(2) In the case of pigs imported for production, the occupier of the premises of destination shall ensure that, after the arrival of the imported pigs, no pigs are removed from the premises unless directly to a slaughterhouse for immediate slaughter and then only under the authority of, and in accordance with the conditions of, a licence issued by the Divisional Veterinary Officer; and this provision shall remain in force until the premises have been completely de-stocked of pigs and thoroughly cleansed and disinfected.
(3) The operator of a slaughterhouse slaughtering pigs to which this article applies shall keep records (which he shall make available on request to the Divisional Veterinary Officer) of-
(a)the date of slaughter of the pigs;
(b)the number of pigs slaughtered;
(c)their identification numbers or marks, and
(d)their place of origin.
4.-(1) Any person importing cattle into Great Britain from Canada under the provisions of Commission Decision 83/494/EEC concerning animal health conditions and veterinary certification for the importation of domestic animals of the bovine and porcine species from Cananda(4), other than cattle originating from Canadian Health Accredited Herds, shall transport the cattle directly from the point of arrival into Great Britain to isolation premises complying with the conditions in Schedule 1 to this Order and there keep them in isolation for 6 months in accordance with that Schedule.
(2) Both the importer and the occupier of isolation premises shall ensure that the conditions relating to those premises are complied with.
5.-(1) Any person importing cattle for meat production into Great Britain from a country referred to in a Decision listed in Schedule 2 to this Order, under a provision specified in that Schedule, shall ensure that they do not come into contact with non-imported cattle either during transportation or after arrival at the premises of destination specified in the accompanying health certification.
(2) The occupier of the premises of destination shall ensure that the imported cattle are not removed from the premises unless directly to a slaughterhouse for immediate slaughter or to a slaughter market and then only under the authority of, and in accordance with the conditions of, a licence issued by the Divisional Veterinary Officer.
6. Any person importing cattle for slaughter into Great Britain from a country referred to in a Decision listed in Schedule 2 to this Order, under a provision specified in that Schedule, shall transport them directly from the point of arrival in Great Britain to the slaughterhouse named in the health certification accompanying the animals, and shall ensure that they are slaughtered within 72 hours of arrival.
7.-(1) If any person on whom a duty is placed under this Order fails to comply with such duty, an inspector may, by notice in writing served on him, require him to comply with that obligation, and, if the person fails to comply with it, may take such action as may be necessary to ensure compliance with the notice.
(2) A notice under this article may be subject to conditions and may be varied, suspended or revoked by notice in writing at any time.
8. This Order shall be enforced by the local authority.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is affixed on
L.S.
Derek Andrews
Permanent Secretary Ministry of Agriculture, Fisheries and Food
7th January 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
8th January 1993
David Hunt
Secretary of State for Wales
7th January 1993
Article 4(1)
1. In the case of isolation in buildings:
(a)the building must be cleansed and disinfected prior to use;
(b)drainage from the building must not flow into any area or onto any land accessible to other stock;
(c)if the route of entry to the building is used by other stock it must be cleansed and disinfected both before use by imported cattle and immediately after they have been housed;
(d)during transfer of the imported cattle to the building there must be no contact with other stock or sharing of air space;
(e)imported cattle must be kept in an enclosed secure building with no access to or sharing of air space with other stock.
2. In the case of field isolation:
(a)boundary fences must prevent contact with other stock and be in the form of double fencing 3 metres apart,
(b)a suitable building meeting the requirements of paragraph 1 of this Schedule must also be available.
3. Group isolation is permitted only if there are facilities for isolating individual animals in the event of injury or disease.
4. No animals other than imported cattle shall be moved into the isolation premises.
5. The attendant for the imported cattle will be allowed to have contact with native livestock providing:
(a)native livestock is attended to first;
(b)suitable protective clothing (boots, overalls and gloves) is worn while tending the imported animals, and
(c)personal cleansing and disinfection is carried out immediately thereafter.
6. Animals from separate imported consignments may share the same isolation premises, but in these cases the 6 month isolation period will commence from the time of landing of the latest arrivals.
7. During the isolation period, no movement of imported cattle off the isolation premises is permitted unless direct to an abattoir for immediate slaughter and then only under the authority of a licence issued by the Divisional Veterinary Officer.
8. The imported cattle shall not be vaccinated or subjected to any test without the authority of a veterinary inspector.
9. Any illness in imported cattle must be reported to the Divisional Veterinary Officer. If any of the cattle die or have to be slaughtered the carcase or carcases must not be removed from the isolation premises without the authority of a licence from the Divisional Veterinary Officer.
10. A duly authorised officer of the Minister may take samples for testing for Enzootic Bovine Leucosis (EBL) within 70 to 74 days after landing and again within 180 to 184 days after landing.
11. Where cattle are imported pregnant, they must be housed separately from non-pregnant animals on the isolation premises. Details of any animal found to be pregnant without the pregnancy recorded on the certification accompanying the animal must be reported to the Divisional Veterinary Officer and the animal must immediately be isolated from other animals on the isolation premises.
12. Animals which are imported as pregnant shall be isolated from other cattle when calving is imminent.
13. Arrangements for milking of imported cattle, should this be necessary, must be agreed by the Divisional Veterinary Officer.
14. Any animal which reacts to the EBL test shall be slaughtered without compensation to the importer. Contacts with reactors will have to remain in isolation for a further EBL test within 180 to 184 days after the positive test but they may be licensed by the Divisional Veterinary Officer to isolation at other premises or direct to a slaughterhouse.
15. After the isolation period, the animals shall not be permitted to leave the isolation premises unless authorised by the Divisional Veterinary Officer in writing, which authorisation shall not be given until all imported animals on the isolation premises have passed the final EBL test; except that where pregnant animals calve more than 170 days after importation, release of other imported animals in the isolation premises is at the discretion of the Divisional Veterinary Officer. Any animals which have calved in the isolation premises may be released at the discretion of the Divisional Veterinary Officer when all the animals in isolation premises have met the EBL testing requirements.
16. Embryos may be collected from animals in isolation providing prior approval has been obtained from the Divisional Veterinary Officer.
17. Artificial insemination of imported cattle may be allowed subject to the approval of the Divisional Veterinary Officer.
18. Natural service of imported cattle will be permitted only in the case of imported bulls running in the same isolation as the imported heifers or cows.
19. An imported bull may be examined and tested for artificial insemination under the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985(5) of the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985(6) provided that the EBL test taken within 70 to 74 days after landing is negative. If approved, semen may be collected and stored at an approved centre but may not be used until the bull or any other imported cattle in contact with it have passed the final post importation EBL test within 180 to 184 days after landing. If any imported animals on the same isolation premises as the donor bull fail the EBL test the semen must remain in isolation until all animals on that premises are released from isolation.
20. Teasers may be used for the collection of semen but must be steers, over 18 months of age, tested and found negative to the EBL test. The movement of teasers into the isolation premises will only be allowed under the authority of a licence issued by the Divisional Veterinary Officer.
21. The use of female teasers is prohibited.
22. Teasers must be held in separate approved isolation to the bulls and only taken to the bull for the collection of semen. After collection of semen the teasers must be removed back to their isolation section.
23. After final collection is completed the teasers must remain in isolation for EBL purposes until the bull has been tested and found clear after which time the teaser may be released. Alternatively the teaser may be sent direct for slaughter.
Articles 5(1) and 6
1. Article 1.5 of Commission Decision 91/190/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Austria~
OJ No. L96, 17.4.1991, p.16
2. Article 1.4b or 1.4c of Commission Decision 92/322/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Hungary
OJ No. L177, 30.6.1992, p.1
3. Article 1.4b or 1.4c of Commission Decision 92/323/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Poland
OJ No. L177, 30.6.1992, p.18
4. Article 1.4b or 1.4c of Commission Decision 92/324/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Czechoslovakia
OJ No. L177, 30.6.1992, p.35
5. Article 1.4b or 1.4c of Commission Decision 92/325/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Bulgaria
OJ No. L177, 30.6.1992, p.52
6. Article 1.4b or 1.4c of Commission Decision 92/401/EEC concerning animal health and conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Norway
OJ No. L224, 8.8.1992, p.1
7. Article 1.4b or 1.4c of Commission Decision 92/402/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of bovine and porcine species from Romania
OJ No. L224, 8.8.1992, p.18
8. Article 1.4b or 1.4c of Commission Decision 92/460/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Switzerland
OJ No. L261, 7.9.1992, p.1
9. Article 1.4b or 1.4c of Commission Decision 92/461/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Sweden
OJ No. L261, 7.9.1992, p.18
10. Article 1.4b or 1.4c of Commission Decision 92/462/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Finland
OJ No. L261, 7.9.1992, p.34
11. Article 1.4b or 1.4c of Commission Decision 92/463/EEC concerning animal health conditions and veterinary certificates for the import of domestic animals of the bovine and porcine species from Iceland
OJ No. L261, 7.9.1992, p.50
(This note is not part of the Order)
This Order establishes controls on animals after they have been imported into Great Britain. It controls cattle from areas not free of warble fly (Article 2), pigs from areas not free of Aujeszky's disease (Article 3), cattle from Canada (Article 4 and Schedule 1) and from specified countries which are the subject of Community decisions (Articles 5 and 6 and Schedule 2).
It empowers an inspector to serve a notice in specified circumstances (Article 7).
It is enforced by the local authority (Article 8).
1981 c. 22. See section 86(1)(c) for a definition of "the Ministers".
OJ No L317, 6.11.81, p.1 as amended by Council Directive 90/676/EEC, OJ No L373, 31.12.90, p.15.
OJ No L317, 6.11.81, p.16 as amended by Council Directive 87/20/EEC, OJ No L15, 17.1.87, p.34 and Council Directive 92/18/EEC, OJ No L97, 10.4.92, p.1.
OJ No L273, 6.10.83, p.37.