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STATUTORY INSTRUMENTS

2006 No. 183

ANIMALS, ENGLAND

ANIMAL HEALTH

The Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006

  Made 30th January 2006 
  Laid before Parliament 2nd February 2006 
  Coming into force 23rd February 2006 


CONTENTS


PART 1

Introduction
1. Citation, application and commencement
2. Interpretation
3. Premises comprising common or unenclosed land
4. Licences and declarations
5. Notices
6. Dissemination of information concerning restrictions and requirements
7. Disinfection

PART 2

The vaccination programme
8. Prohibition on vaccination except under licence
9. Factors informing a decision to permit suppressive vaccination or protective vaccination
10. Form of the decision to undertake a vaccination programme
11. Licences permitting suppressive vaccination or protective vaccination
12. Declaration of a vaccination zone and of a vaccination surveillance zone on protective vaccination in England
13. Declaration of a vaccination surveillance zone on protective vaccination in Scotland or Wales
14. Vaccination zones and vaccination surveillance zones: general provisions
15. Time phases and measures applicable in respect of a vaccination zone
16. Measures applying in a vaccination surveillance zone
17. Extension of the power to cause vaccination
18. Facilitation of vaccination
19. Identification of vaccinated animals
20. Marking of cattle passports
21. Removal of eartags and missing eartags
22. Sale and slaughter of vaccinated animals
23. Failure to vaccinate animals specified for vaccination
24. Carcases of animals specified for vaccination
25. Survey and classification of premises during phase 2
26. Measures applicable to reactor premises
27. Duty of the local authority to erect signs
28. Trade in vaccinated animals

PART 3

General and supplementary provisions
29. Cleansing and disinfection of vehicles: provision of facilities, equipment and materials
30. Marks applied under these Regulations
31. Change of occupation of premises under restriction
32. Reasonable assistance
33. False information
34. Production of records
35. Compliance with notices and directions
36. Powers of inspectors
37. Offences and proceedings
38. Production of licences
39. General powers of veterinary inspectors to take action to prevent the spread of disease
40. Powers of inspectors in case of default
41. Offences by bodies corporate
42. Offences: no knowledge of restriction or requirement
43. Enforcement
44. Revocations

  SCHEDULE— Measures applicable in respect of a vaccination zone
 PART 1— Movement of susceptible animals
 PART 2— Fresh meat, minced meat, mechanically separated meat and meat preparations
 PART 3— Products other than fresh meat etc.

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972[1] in relation to the common agricultural policy of the European Community[2].

     Exercising the powers conferred upon her by that section she makes the following Regulations:



PART 1

Introduction

Citation, application and commencement
     1. —(1) These Regulations may be cited as the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006.

    (2) They apply only in England and come into force on 23rd February 2006.

Interpretation
     2. —(1) In these Regulations—

    "the Act" means the Animal Health Act 1981[3];

    "animal product" means anything originating or made (whether in whole or in part) from an animal or from a carcase;

    "border inspection post" means a place specified as a border inspection post in Schedule 2 to the Animals and Animal Products (Import and Export) (England) Regulations 2005[4];

    "bovine animal" includes buffalo and bison;

    "carcase" means the carcase of an animal and includes part of a carcase, and the meat, bones, hide, skin, hooves, offal or other part of an animal, separately or otherwise, or any portion thereof;

    "disease" means foot-and-mouth disease;

    "Divisional Veterinary Manager" means the Divisional Veterinary Manager of the State Veterinary Service for the area in which premises are located;

    "fresh meat" means meat (including offal) that has not undergone any preserving process other than chilling, freezing or quick-freezing, including meat that is vacuum wrapped or wrapped in a controlled atmosphere;

    "health marked" means bearing the health mark required by article 5(2) of Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption[5] and the expression "health mark" shall be construed accordingly;

    "identification marked" means bearing the identification mark required by article 5(1) of Regulation (EC) No. 853/2004 of the European Parliament and the Council laying down specific hygiene rules for food of animal origin[6] and the expression "identification mark" shall be construed accordingly;

    "incubation period" means—

    (a) for cattle, pigs and other bovine animals and swine, 14 days, and

    (b) for other susceptible animals, 21 days;

    "infected premises" means any premises declared to be infected premises under article 12(12) of the Order;

    "keeper" means any person responsible for animals, whether on a permanent or temporary basis, but does not include a person who is responsible for animals solely because he is transporting them;

    "inspector" means an inspector appointed under the Act;

    "local authority" has the meaning given by section 50(1) of the Act;

    "meat preparation" means fresh meat, including meat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat and thus to eliminate the characteristics of fresh meat;

    "mechanically separated meat" means the product obtained by removing meat from flesh-bearing bones after boning, using mechanical means resulting in the loss or modification of the muscle fibre structure;

    "milk" includes cream, separated milk, skimmed milk and buttermilk;

    "milk product" includes butter, cheese, whey, yoghurt and any other product the main constituent of which is milk;

    "minced meat" means boned meat that has been minced into fragments and contains less than 1% salt;

    "occupier" means, in relation to any premises, the person in charge of those premises;

    "the Order" means the Foot-and-Mouth Disease (England) Order 2006[7];

    "overstamped" means, in relation to a health marked or identification marked item, bearing a an additional diagonal cross consisting of two straight lines intersecting at the centre of the health or identification mark and allowing the information there to remain legible (whether or not that additional cross is applied by the same stamp as the mark);

    "phase 1" means, in respect of a vaccination zone, the period of time commencing with the declaration of that vaccination zone and ending with a declaration under regulation 15(2);

    "phase 2" means, in respect of a vaccination zone, the period of time commencing with the end of phase 1 and ending with a declaration under regulation 15(3);

    "phase 3" means, in respect of a vaccination zone, the period of time commencing with the end of phase 2 and ending with a declaration under regulation 15(5);

    "premises" includes any land, building or other place;

    "protection zone" means a protection zone declared under article 31(1), 31(3), 32(1) or 32(2) of the Order;

    "protective vaccination" means vaccination carried out on premises in a vaccination zone to protect susceptible animals within that zone against airborne spread or spread through fomites of the disease virus, where the vaccinated animals are not intended to be slaughtered to prevent the spread of disease;

    "public highway" means a highway maintainable at the public expense;

    "raw milk" means milk that has not been heated to more than 40°C or undergone any treatment that has an equivalent effect;

    "reactor premises" means premises declared to be reactor premises under regulation 25(3)(b);

    "sell" means sell to the final consumer or user and "sale" in the expression "consign for sale" shall be construed accordingly;

    "slaughterhouse" means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which—

    (c) is approved or conditionally approved under article 31(2) of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of feed and food law, animal health and animal welfare rules[8], or

    (d) although lacking the approval or conditional approval that it requires under article 4(3) of Regulation (EC) No. 853/2004 was, on 31st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995[9] or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995[10];

    "slaughter" means any process which causes the death of an animal;

    "suppressive vaccination" means vaccination carried out on premises or in an area where there is an urgent need to prevent the spread of disease outside the premises or area by reducing the quantity of circulating disease virus there, where the vaccinated animals are intended for slaughter to prevent the spread of disease;

    "surveillance zone" means a surveillance zone declared under article 31(1), 31(3), 32(1) or 32(2) of the Order;

    "susceptible animal" means a cow, bull, sheep, goat, deer, camel, llama, alpaca, guanaco, vicuna, any other ruminant, any swine (that is, a member of the suborder Suina of the order Artiodactyla), elephant or rodent (other than a pet rodent);

    "temporary control zone" means a temporary control zone declared under article 16(1) of the Order;

    "vaccinate" means treat a susceptible animal with hyperimmune serum or vaccine against disease and "vaccination", "vaccinated" and "unvaccinated" shall be construed accordingly;

    "vaccination surveillance zone" means a vaccination surveillance zone declared under regulation 12(1), 13(2) or 13(3);

    "vaccination zone" means a vaccination zone declared under regulation 12(1);

    "vehicle" includes—

    (a) a trailer, semi-trailer or other thing which is designed or adapted to be towed by another vehicle,

    (b) a detachable part of a vehicle,

    (c) a container or other structure designed or adapted to be carried by or on a vehicle;

    "veterinary inspector" means a veterinary inspector appointed under the Act.

    (2) In these Regulations "specified for vaccination" means specified as an animal required to be vaccinated in a decision to undertake a vaccination programme made in accordance with regulation 9.

    (3) References in these Regulations to "animals originating in", in respect of a vaccination zone mean—

    (a) animals kept in the vaccination zone after declaration of the zone; and

    (b) animals which were kept within the boundaries of the vaccination zone at any time during the period—

      (i) beginning 21 days before the declaration of the vaccination zone, and

      (ii) ending with that declaration,

    and the expression "susceptible animals originating in" shall be construed accordingly.

Premises comprising common or unenclosed land
     3. For the purposes of these Regulations—

    (a) common or unenclosed land forms separate premises from other land unless—

      (i) the parcels of land adjoin, and

      (ii) all animals kept on each parcel of land are in the charge of the same keeper;

    (b) a notice which is to be served on the occupier of premises wholly or partially comprising any common or unenclosed land is validly served if served on every keeper of animals kept there (so far as those persons are reasonably ascertainable);

    (c) a requirement or restriction imposed on the occupier of premises wholly or partially comprising any common or unenclosed land applies to every keeper of animals kept there.

Licences and declarations
     4. —(1) Licences granted under these Regulations—

    (a) shall be in writing;

    (b) may, in addition to any conditions required by these Regulations, be made subject to such conditions as the Secretary of State considers necessary to prevent the spread of disease; and

    (c) may be amended, suspended or revoked in writing at any time.

    (2) Except where otherwise directed by the Secretary of State, a licence granted in Scotland or Wales for the same purpose as a licence which may be granted under these Regulations is valid for that purpose in England and its conditions apply in England as if it was a licence granted under these Regulations.

    (3) Declarations under these Regulations shall be in writing.

    (4) Any amendment or revocation of a declaration shall be made by further declaration.

Notices
     5. —(1) Notices issued under these Regulations—

    (a) shall be in writing; and

    (b) may be amended or revoked in writing at any time.

    (2) A notice which—

    (a) is served on the occupier of premises; and

    (b) imposes a requirement or restriction in respect of those premises,

shall contain a description of the premises sufficient to enable the extent of the premises to be ascertained.

    (3) Such a description may be amended by a veterinary inspector if he is satisfied that it does not describe an appropriate area for the purposes of investigating and monitoring the spread of disease in respect of animals which are usually kept together.

Dissemination of information concerning restrictions and requirements
     6. —(1) The Secretary of State shall take all such steps as she considers fit to ensure that licences, declarations and notices are brought to the attention of those who may be affected by them as soon as is reasonably practicable.

    (2) She shall also ensure that—

    (a) the extent of any zone declared under these Regulations;

    (b) the nature of the restrictions and requirements applicable within the zone;

    (c) the date of its declaration; and

    (d) the date that declaration ceases to have effect in respect of the zone or any part of it,

are publicised.

Disinfection
     7. Disinfection under these Regulations shall be carried out with a disinfectant which is—

    (a) approved for use for the purpose these Regulations and the Order by the Diseases of Animals (Approved Disinfectants) Order 1978[11];

    (b) used at the concentration specified in that Order; and

    (c) used in accordance with the manufacturer's instructions or recommendations (if any) and in particular, if use is recommended before any date, used before that date.



PART 2

The vaccination programme

Prohibition on vaccination except under licence
     8. —(1) Subject to paragraph (2), no person shall vaccinate an animal except under the authority of a licence granted by the Secretary of State permitting suppressive vaccination or protective vaccination.

    (2) Paragraph (1) does not apply to—

    (a) anything done under the authority of a licence granted under article 4 of the Specified Animal Pathogens Order 1998[12]; or

    (b) the administration of a vaccine in accordance with an animal test certificate granted under regulation 8 of the Veterinary Medicines Regulations 2005[13].

Factors informing a decision to permit suppressive vaccination or protective vaccination
     9. —(1) The Secretary of State shall take into account the following factors in deciding whether to permit suppressive vaccination or protective vaccination—

    (a) the risk of an outbreak of disease—

      (i) in the United Kingdom becoming widespread in any part of the country,

      (ii) spreading to England with imported susceptible animals, carcases or other things liable to spread disease,

      (iii) spreading from England with exported susceptible animals, carcases or other things liable to spread disease, or

      (iv) spreading to or from England because of the prevailing meteorological conditions;

    (b) any threat from disease to animals in—

      (i) a laboratory, zoo, wildlife park or other premises where susceptible animals are kept principally for the purposes of display and education of the public, or an enclosed area principally used for shooting,

      (ii) premises not falling within (a) of a body, institute or centre which—

        (aa) keeps susceptible animals only for the purposes of conservation, display and education of the public, or scientific research or breeding of such animals for research, and

        (bb) is approved in relation to those animals under regulation 9 of the Animals and Animal Products (Import and Export) (England) Regulations 2005,

      (iii) other premises where susceptible animals are kept for scientific purposes or purposes related to conservation of species or farm animal genetic resources;

    (c) the criteria in Annex X of Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC[14];

    (d) other means of preventing the spread of disease available to her;

    (e) in the case of suppressive vaccination, whether such vaccination is necessary urgently to prevent the spread of disease from premises or a geographical area by reducing the quantity of circulating disease virus there; and

    (f) in the case of protective vaccination—

      (i) whether such vaccination in the proposed vaccination zone will protect susceptible animals in that zone against airborne spread or spread through fomites of the disease virus, and

      (ii) the effect of the measures which would apply in the vaccination zone and vaccination surveillance zone on persons and animals there.

    (2) Where, having taken those factors into account, the Secretary of State considers that permitting suppressive vaccination or protective vaccination is the most appropriate means of preventing the spread of disease, she shall undertake a vaccination programme.

    (3) If the Secretary of State decides to undertake a vaccination programme she shall grant a licence permitting suppressive vaccination or protective vaccination.

Form of the decision to undertake a vaccination programme
     10. —(1) The decision to undertake a vaccination programme shall be given in writing.

    (2) The decision shall contain the following information about the vaccination programme—

    (a) whether it is a programme of suppressive or of protective vaccination;

    (b) the place or geographical area where it is to be undertaken;

    (c) specification of the animals she requires to be vaccinated (including their species and age);

    (d) the intended duration of the programme;

    (e) notification of the prohibition on movement of animals and animal products in regulation 18(2);

    (f) the form of the eartag to be affixed and records to be made under regulation 19(3);

    (g) the person who will carry out the programme;

    (h) such other information as the Secretary of State considers necessary to inform those who may be affected by the vaccination programme.

    (3) Any decision of the Secretary of State which results in a change to the information in paragraph (2) shall also be given in writing.

    (4) The Secretary of State shall take such steps as she considers fit to bring a decision referred to in paragraph (1) or (3) to the attention of those who may be affected by it.

Licences permitting suppressive vaccination or protective vaccination
     11. —(1) No licence permitting suppressive vaccination shall authorise vaccination outside a protection zone.

    (2) No licence permitting protective vaccination shall authorise vaccination in a vaccination surveillance zone.

Declaration of a vaccination zone and of a vaccination surveillance zone on protective vaccination in England
     12. —(1) If she decides to undertake a programme of protective vaccination, the Secretary of State shall at the same time declare any place or geographical area where it is to be undertaken to be a vaccination zone and shall also declare a vaccination surveillance zone.

    (2) A declaration under paragraph (1) shall designate—

    (a) the extent of the vaccination zone; and

    (b) the extent of the vaccination surveillance zone.

    (3) A vaccination surveillance zone declared under paragraph (1) shall extend from the vaccination zone for at least ten kilometres and otherwise shall be of such size as the Secretary of State considers fit to prevent the spread of disease.

    (4) If she decides to vary the place or geographical area where a programme of protective vaccination is to be undertaken, the Secretary of State shall amend the declaration under paragraph (1) so that the vaccination zone comprises the place or geographical area as varied.

Declaration of a vaccination surveillance zone on protective vaccination in Scotland or Wales
     13. —(1) This regulation applies where a programme of protective vaccination is to be undertaken in Scotland or Wales.

    (2) Where this regulation applies and any part of the programme of protective vaccination is to be undertaken within ten kilometres of the border with England, the Secretary of State shall declare a vaccination surveillance zone.

    (3) Where this regulation applies and a zone having equivalent effect to a vaccination surveillance zone has been declared in Scotland or Wales abutting the border with England, the Secretary of State may declare a vaccination surveillance zone.

    (4) Subject to paragraph (5), a vaccination surveillance zone declared under this regulation shall be of such size as the Secretary of State thinks fit to prevent the spread of disease.

    (5) A declaration under this regulation shall specify the extent of the vaccination surveillance zone and the Secretary of State shall ensure that any such zone—

    (a) abuts the border with Scotland or Wales, as the case may be; and

    (b) extends from that border such that its boundary is at least ten kilometres from the perimeter of any zone having equivalent effect to a vaccination zone in Scotland or Wales, as the case may be.

Vaccination zones and vaccination surveillance zones: general provisions
     14. —(1) Any premises which are partly inside and partly outside a vaccination zone shall be deemed to be wholly within it.

    (2) Any premises which are partly inside and partly outside a vaccination surveillance zone shall be deemed to be wholly within it (except premises which are also partly within a vaccination zone).

    (3) An area shall remain a vaccination zone or a vaccination surveillance zone (or part of one) until the Secretary of State—

    (a) amends the declaration creating it so as to exclude that area or;

    (b) revokes that declaration.

    (4) Any amendment or revocation of a declaration creating a vaccination zone or a vaccination surveillance zone shall refer to that declaration and state the date and time it is to take effect.

Time phases and measures applicable in respect of a vaccination zone
     15. —(1) Subject to regulation 26, the provisions of the Schedule apply in respect of a vaccination zone in addition to any requirements or restrictions applying in any part of it because that part falls within a protection zone or a surveillance zone.

    (2) After 30 days have elapsed since all animals in a vaccination zone specified for vaccination in a decision to undertake a programme of protective vaccination have been vaccinated, the Secretary of State may declare the end of phase 1 and the commencement of phase 2 and the declaration shall specify the date and time it is to take effect.

    (3) On completion of the measures in sub-paragraphs (a) to (d) of regulation 26 in every reactor premises in a vaccination zone, the Secretary of State shall declare the end of phase 2 and the commencement of phase 3 and the declaration shall specify the date and time it is to take effect.

    (4) Notwithstanding paragraph (3), the Secretary of State may, before completion of those measures in every reactor premises, serve a notice on the occupier of any premises classified as free of disease under regulation 25(3) stating that those premises shall enter phase 3 and phase 3 shall be deemed to have commenced in respect of those premises on such service.

    (5) The Secretary of State may declare the end of phase 3 when she is satisfied that disease has been eradicated in England.

Measures applying in a vaccination surveillance zone
     16. —(1) No person shall move any susceptible animal within or out of a vaccination surveillance zone except—

    (a) movement wholly within the premises on which it is kept; or

    (b) under the authority of a licence granted by the Secretary of State.

    (2) This regulation applies in addition to any requirements or restrictions applying in any part of a vaccination surveillance zone because that part falls within a protection zone or a surveillance zone.

Extension of the power to cause vaccination
     17. Notwithstanding section 16(1) of the Act, the Secretary of State may cause vaccination of animals which do not fall within that section where they are in a vaccination zone and the following provisions of the Act apply as if such vaccination was carried out in exercise of the power in section 16(1)—

    (a) the remainder of section 16[15] (treatment after exposure to infection);

    (b) section 16A[16] (slaughter of vaccinated animals); and

    (c) section 62A[17] (slaughter: power of entry).

Facilitation of vaccination
     18. —(1) The keeper of any animal specified in a decision to undertake a vaccination programme shall, when required by an inspector or a person acting at his direction—

    (a) state (if required, in writing) the species, ages, and numbers of the animals for which he is responsible; and

    (b) submit any such animal for vaccination at such time and in such place as required by that inspector or that person.

    (2) Except under the authority of a licence granted by the Secretary of State, no person shall move from any premises where animals are specified in a decision to undertake a vaccination programme are kept—

    (a) any animal; or

    (b) any animal product produced on the premises from a susceptible animal,

before all the animals so specified have been vaccinated.

Identification of vaccinated animals
     19. —(1) The Secretary of State shall provide every person issued with a licence permitting suppressive vaccination or protective vaccination with sufficient eartags for every animal which may be vaccinated under that licence.

    (2) Each eartag shall carry such information as the Secretary of State considers necessary to identify the animal to which it is affixed as a vaccinated animal.

    (3) Any person vaccinating an animal shall—

    (a) identify it immediately after vaccination by affixing an eartag;

    (b) make a written record of that vaccination containing the following information—

      (i) the date,

      (ii) the place, and

      (iii) a description of the animal;

    (c) ensure that the Secretary of State and the keeper of the animal receive a copy of that record; and

    (d) retain that record for a period of six years.

    (4) Records shall be in a form approved by the Secretary of State.

    (5) Every person provided with eartags under this regulation shall return unused eartags to the Secretary of State on demand and without delay.

Marking of cattle passports
     20. —(1) This paragraph applies to any animal specified for vaccination which is issued with—

    (a) a cattle passport under the Cattle Passports Order 1996[18];

    (b) a cattle passport under the Cattle Identification Regulations 1998[19]; or

    (c) a registration certificate under the Cattle (Identification of Older Animals) Regulations 2000[20].

    (2) If the keeper of any animal to which this paragraph applies has its cattle passport or registration certificate in his possession at the time of vaccination he shall give it to the person carrying out the vaccination at that time.

    (3) The person carrying out the vaccination shall ensure that any cattle passport or registration certificate given to him at the time of vaccination is—

    (a) marked at that time to indicate that the animal has been vaccinated; and then

    (b) returned to the keeper.

    (4) If the cattle passport or registration certificate of any animal is not in the possession of its keeper at the time of vaccination, the Secretary of State shall serve a notice on that keeper requiring him to submit it to the Secretary of State without delay on its return to his possession for marking to indicate that the animal has been vaccinated.

Removal of eartags and missing eartags
     21. —(1) No person shall intentionally remove an eartag affixed under regulation 19(3) unless it is removed to prevent unnecessary pain and suffering.

    (2) If the keeper of a vaccinated animal removes its eartag in accordance with paragraph (1) or discovers that its eartag is missing he shall notify the Secretary of State in writing without delay.

    (3) On receipt of a notification under this regulation, the Secretary of State shall—

    (a) arrange for a new eartag to be affixed to the vaccinated animal; or

    (b) if affixing an eartag would cause unnecessary pain and suffering, arrange for the animal to be identified as vaccinated by applying a permanent indelible mark.

    (4) Any person who knows or suspects that an animal has been vaccinated but is not bearing an eartag or a mark applied under paragraph (3)(b) shall immediately notify the keeper of that animal and the Divisional Veterinary Manager.

Sale and slaughter of vaccinated animals
     22. No person shall sell a vaccinated animal or send such an animal for slaughter unless it bears an eartag affixed under these Regulations, or a mark applied under regulation 21(3)(b).

Failure to vaccinate animals specified for vaccination
     23. —(1) Any person (other than an inspector) who knows or suspects that an animal has been specified for vaccination but was not vaccinated at the time when it should have been shall immediately notify the keeper of that animal and the Divisional Veterinary Manager.

    (2) If an inspector suspects that an animal has been specified for vaccination but was not vaccinated at the time when it should have been he shall arrange for that animal to be vaccinated as soon as is reasonably practicable (but not sooner than 21 days after the date it should have been vaccinated).

Carcases of animals specified for vaccination
     24. —(1) If an inspector knows or suspects that a carcase is of a vaccinated animal and is intended for sale (whether before or after processing into any animal product) but is not being dealt with as the carcase of a vaccinated animal he may serve a notice on the person in charge of the carcase requiring him to arrange for its disposal.

    (2) If an inspector knows or suspects that a carcase is of an animal specified for vaccination which has not been vaccinated and is intended for sale (whether before or after processing into any animal product), he shall serve a notice on the person in charge of the carcase requiring him to deal with it at all times as if it was the carcase of a vaccinated animal.

Survey and classification of premises during phase 2
     25. —(1) The Secretary of State shall ensure that during phase 2 a clinical and serological survey of all premises in the vaccination zone where susceptible animals are kept is carried out in accordance with the method set out in paragraph (2).

    (2) The method referred to in paragraph (1) is that all susceptible animals in the vaccination zone are clinically inspected, and either—

    (a) testing for infection with the disease virus by an assay for antibodies against non-structural proteins of the disease virus is carried out on a selection of susceptible animals, or

    (b) testing for antibodies against non-structural proteins of the disease virus is carried out on samples from all vaccinated animals and their unvaccinated offspring.

    (3) The Secretary of State shall ensure that during phase 2 all premises in the vaccination zone where susceptible animals are kept are classified according to the outcome of the survey referred to in paragraph (1) and the criteria in Schedule 2 of the Order—

    (a) as infected premises, where the premises contain at least one susceptible animal in which the presence of the disease virus is confirmed;,

    (b) as reactor premises, where the premises contained at least one susceptible animal suspected of being infected but where further testing including all susceptible animals on the premises confirmed the absence of circulating disease virus; or

    (c) as free of disease.

    (4) Where premises are classified as reactor premises under paragraph (3)(b), the Secretary of State shall serve a notice on the occupier declaring the premises to be reactor premises.

    (5) Where premises are classified as free of disease under paragraph (3)(c), the Secretary of State shall serve a notice on the occupier declaring the premises to be free of disease.

Measures applicable to reactor premises
     26. The following measures apply to reactor premises—

    (a) the Secretary of State shall ensure that susceptible animals which have tested positive to at least one of the tests in regulation 25(2) are slaughtered on the holding;

    (b) the Secretary of State may by notice served on the occupier direct that other susceptible animals on the premises shall be slaughtered;

    (c) the occupier shall dispose of the carcases of any susceptible animals slaughtered on the premises in accordance with the directions of an inspector;

    (d) the Secretary of State shall ensure that the premises are cleansed and disinfected in accordance with Schedule 3 of the Order;

    (e) no person shall restock the premises except under the authority of a licence granted by the Secretary of State and in accordance with Schedule 4 of the Order.

Duty of the local authority to erect signs
     27. The local authority shall ensure that the boundaries of every vaccination zone and vaccination surveillance zone are indicated by signs erected in a conspicuous position on all roads entering the zones on which it considers susceptible animals are likely to be moved, as soon as is reasonably practicable after declaration of the zones.

Trade in vaccinated animals
     28. No person shall send any vaccinated animal for trade with another member State, Norway, Iceland or Liechtenstein.



PART 3

General and supplementary provisions

Cleansing and disinfection of vehicles: provision of facilities, equipment and materials
     29. Where cleansing and disinfection of vehicles is required at any premises by or under these Regulations, the occupier of those premises shall, at his own expense, provide adequate facilities and proper equipment and materials for that cleansing and disinfection.

Marks applied under these Regulations
     30. No person shall remove, obscure or erase a mark applied to any animal, animal product, vehicle or other thing under these Regulations without the written authority of an inspector.

Change of occupation of premises under restriction
     31. —(1) This regulation applies if the keeper of any animal or poultry is unable to move it from premises on the termination of his right of occupation because of a restriction imposed by or under these Regulations and continues to apply for seven days after the last restriction is removed.

    (2) Where this regulation applies, the person entitled to occupation of the premises on that termination shall—

    (a) provide such facilities for feeding, tending or otherwise using the animal or poultry (including selling it) as the keeper may reasonably require; and

    (b) allow entry to the premises to that keeper and any person authorised by him at reasonable times for feeding, tending or otherwise using the animal or poultry.

    (3) If the keeper is unable or unwilling to feed or tend the animal or poultry, the person entitled to occupation of the premises shall ensure it is properly fed and tended.

    (4) The keeper of the animal or poultry is liable to pay the reasonable costs incurred by any person feeding or tending it under this regulation, or providing facilities for feeding, tending or otherwise using it under this regulation.

Reasonable assistance
     32. Any person required to give reasonable assistance or information to a person acting under these Regulations for the performance of his functions under them shall, unless he has reasonable cause, do so without delay.

False information
     33. No person shall furnish information which he knows to be false or misleading to a person acting under these Regulations.

Production of records
     34. —(1) Any person required to produce a record by a person acting under these Regulations shall do so without delay.

    (2) On production, a person acting in the execution of these Regulations may—

    (a) copy any records, in whatever form they may be held; or

    (b) remove any records to enable them to be copied, or where they are kept electronically, require them to be produced in a form which may be taken away.

    (3) A person removing records under this regulation shall give a written receipt for them.

Compliance with notices and directions
     35. —(1) Any notice served under these Regulations shall be complied with at the expense of the person on whom it is served, except where otherwise provided in that notice.

    (2) Any direction given under these Regulations shall be complied with at the expense of the person to whom it is given, except where otherwise provided in a written direction of the Secretary of State.

Powers of inspectors
     36. —(1) —The following provisions of the Act apply as if these Regulations were an Order made under the Act and as if the definition of animal in section 87 of the Act was extended to comprise every susceptible animal—

    (a) section 63 (general powers of inspectors);

    (b) section 64A[    21] (powers of inspectors relating to Community obligations); and

    (c) section 65(1) to (3) (power to detain vessels and aircraft).

    (2) Section 65A of the Act[22] (inspection of vehicles) applies as if—

    (a) these Regulations were an Order under the Act;

    (b) the definition of animal in section 87 of the Act was extended to comprise every susceptible animal; and

    (c) every vaccination zone and vaccination surveillance zone was designated for the duration of its existence for the purposes of that section.

Offences and proceedings
     37. —(1) The following provisions of the Act apply as if these Regulations were an Order made under the Act—

    (a) section 60[23] (duties and authorities of constables);

    (b) section 66 (refusal and obstruction);

    (c) section 67 (issue of false licences etc.);

    (d) section 68 (issue of licences etc. in blank);

    (e) section 71 (other offences as to licences);

    (f) section 71A[24], (prosecutions: time limit);

    (g) section 73 (general offences);

    (h) section 77 (money recoverable summarily); and

    (i) section 79(1) to (4) (evidence and procedure),

and as if the definition of animal in section 87 of the Act was extended to comprise every susceptible animal.

    (2) Section 69 of the Act (falsely obtaining licences etc.) applies as if licences granted under these Regulations were granted under an Order made under the Act.

    (3) Section 75 of the Act[25] (penalties for certain summary offences) applies as if these Regulations were an Order made under the Act except that any term of imprisonment on summary conviction shall not exceed three months.

Production of licences
     38. — Every person issued with a licence under these Regulations shall, while executing the licensed activity, carry the licence and produce it to an inspector on demand. General powers of veterinary inspectors to take action to prevent the spread of disease
     39. —(1) This regulation applies to every vaccination zone and vaccination surveillance zone.

    (2) Where this regulation applies, a veterinary inspector may, if he considers it necessary to prevent the spread of disease, require—

    (a) the detention and isolation of any vehicle, equipment or other thing and its subsequent cleansing and disinfection by serving a notice requiring such action on the occupier of the premises where it is present, or on the person in charge of it;

    (b) the cleansing and disinfection of any premises or other place in accordance with Schedule 3 to the Order by serving a notice requiring such action on the occupier of those premises or that place;

    (c) the removal, laundering, cleansing and disinfection or disposal of the clothing or footwear of any person by serving a notice on him requiring such action;

    (d) any person to cleanse himself by serving a notice on him requiring such action;

    (e) the detention or isolation in a specified place of any animal or poultry by serving a notice requiring such action on the occupier of the premises where it is present, or on its keeper;

    (f) the separation of any animal or poultry from other animals or poultry by serving a notice requiring such action on the occupier of the premises where it is present, or on its keeper.

    (3) A notice under this regulation may contain such directions and conditions as the person serving it considers necessary to prevent the spread of disease.

Powers of inspectors in case of default
     40. —(1) Where a person fails to comply with a requirement imposed by or under these Regulations, an inspector may take any steps he considers necessary to ensure the requirement is met.

    (2) Where a person acts in contravention of a requirement imposed by or under these Regulations, an inspector may take any steps he considers necessary to rectify the situation so as to prevent the spread of disease.

    (3) In taking steps under paragraph (1) or (2) an inspector may seize and detain any animal moved, kept or otherwise dealt with in contravention of a restriction or requirement imposed by or under these Regulations.

    (4) In taking steps under paragraph (2), an inspector may by notice served on any person direct that person to take or refrain from specified action in respect of any place, animal, poultry, vehicle, animal product or other thing.

    (5) The person in default shall reimburse any reasonable expenses incurred by the Secretary of State or the local authority in taking such steps and any such debt is recoverable summarily.

Offences by bodies corporate
     41. —(1) If an offence committed by a body corporate is shown—

    (a) to have been committed with the consent or connivance of an officer; or

    (b) to be attributable to any neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

    (2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.

    (3) "Officer", in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Offences: no knowledge of restriction or requirement
     42. No person shall be guilty of failing to comply with a restriction or requirement which applies because of the declaration of—

    (a) a vaccination zone; or

    (b) a vaccination surveillance zone,

if he shows to the court's satisfaction that he did not know of that restriction or requirement and that he could not with reasonable diligence have obtained knowledge of it.

Enforcement
     43. —(1) Subject to paragraphs (2) and (3), these Regulations shall be enforced by the local authority.

    (2) These Regulations shall be enforced in relation to slaughterhouses by the Secretary of State.

    (3) The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under these Regulations shall be discharged by the Secretary of State and not by the local authority.

Revocations
     44. The following instruments are revoked—

    (a) the Foot-and-Mouth Disease (Infected Areas) (Vaccination) Order 1972[26] (insofar as the Order applies in England); and

    (b) the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2001[27].


Ben Bradshaw
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

30th January 2006



SCHEDULE
Regulation 15(1)


Measures applicable in respect of a vaccination zone




PART 1

Movement of susceptible animals

Movement of susceptible animals during phase 1
     1. —(1) During phase 1 no person shall move any susceptible animal within or out of a vaccination zone except for movement wholly within the same premises or movement under the authority of a licence granted by the Secretary of State.

    (2) The Secretary of State shall not grant a licence under sub-paragraph (1) except for—

    (a) the direct transport of animals from premises to a slaughterhouse for immediate slaughter—

      (i) in the same vaccination zone, or

      (ii) where there is no slaughterhouse in that vaccination zone, outside the vaccination zone; or

    (b) the movement of animals from one part of premises to another part of the same premises using a public highway.

    (3) The Secretary of State shall not grant a licence for transport under sub-paragraph (2)(a) unless—

    (a) within the previous 24 hours, she has carried out a clinical inspection on every susceptible animal on the premises; and

    (b) she is satisfied that there is no suspicion of infection or contamination on the premises.

Movement of susceptible animals during phase 2
     2. —(1) During phase 2, no person shall move any susceptible animal from or to any premises in a vaccination zone except under the authority of a licence granted by the Secretary of State.

    (2) The Secretary of State shall not grant a licence under sub-paragraph (1) for the movement of animals from any reactor premises unless—

    (a) it is for the direct transport of animals to a slaughterhouse, for the purpose of immediate slaughter; and

    (b) each of the animals has been subjected to a diagnostic test by a veterinary inspector either for infection or for antibodies against non-structural proteins of the disease virus without a positive reaction to any such test.

    (3) The Secretary of State shall not grant a licence under sub-paragraph (1) for any other movement of animals unless it is for—

    (a) transport to a slaughterhouse for the purpose of immediate slaughter from premises classified under regulation 25(3) as free of disease; or

    (b) movement from one part of premises to another part of the same premises using a public highway.

    (4) A licence granted under this paragraph (other than a licence for movement under sub-paragraph (3)(3)(b)) shall require that—

    (a) the animals do not come into contact with any other susceptible animals during transport or in the slaughterhouse; and

    (b) the animals are accompanied during transport by a copy of the notice classifying their premises of origin under regulation 25(3), certified as a true copy by the Secretary of State.

Movement of susceptible animals during phase 3
     3. —(1) During phase 3, no person shall move any susceptible animal within or out of a vaccination zone except for movement wholly within the same premises or movement under the authority of a licence granted by the Secretary of State.

    (2) The Secretary of State shall not grant a licence under sub-paragraph (1) for the movement of animals out of a vaccination zone except where it is for the direct transport of animals from premises classified under regulation 25(3) as free of disease to a slaughterhouse for the purposes of immediate slaughter and it includes the conditions in sub-paragraph (3).

    (3) The conditions in this sub-paragraph are that—

    (a) the animals do not come into contact with any other susceptible animals during transport; and

    (b) the animals are accompanied during transport by a copy of the notice classifying their premises of origin under regulation 25(3), certified as a true copy by an inspector.

    (4) The Secretary of State shall not grant a licence under this paragraph for the movement of animals within a vaccination zone unless—

    (a) it specifies a route to be taken which, in the opinion of the Secretary of State, ensures the animals are not exposed to infection during the journey, and either—

      (i) the animals concerned are unvaccinated and the conditions in sub-paragraph (5) have been complied with; or

      (ii) the movement of animals is from one part of premises to another part of the same premises using a public highway.

    (5) The conditions in this sub-paragraph are that—

    (a) the Secretary of State has within the previous 24 hours carried out a clinical examination on every susceptible animal on the premises of origin and has not identified signs of disease;

    (b) every susceptible animal on the premises of origin has been kept there for at least 30 days;

    (c) the premises of origin are not in a protection zone or a surveillance zone; and

    (d) either—

      (i) every animal intended for transport has been tested by a veterinary inspector for antibodies against disease after it has been on the premises of origin for a period at least as long as its incubation period with negative results, or

      (ii) a serological survey pursuant to a sampling protocol suitable to detect 5% prevalence with at least 95% level of confidence has been completed on the premises of origin with negative result by a veterinary inspector.

    (6) The Secretary of State shall not grant a licence under this paragraph for the movement of the unvaccinated offspring of a vaccinated dam unless either—

    (a) the Secretary of State is satisfied that each animal has undergone a serological test by a veterinary inspector for the detection of antibodies against disease with a negative result; or

    (b) the licence is for movement to—

      (i) premises in the vaccination zone with the same classification under regulation 25(3),

      (ii) a slaughterhouse for immediate slaughter, or

      (iii) other specified premises, in which case sub-paragraph (7) applies; or

    (c) the licence is for the movement of animals from one part of premises to another part of the same premises using a public highway.

    (7) Where this sub-paragraph applies, during phase 3 no person shall subsequently move any animal moved from those specified premises except for—

    (a) movement to a slaughterhouse for immediate slaughter; or

    (b) movement from one part of the premises to another part of the same premises using a public highway under the authority of a licence granted by the Secretary of State.

    (8) The occupier of any slaughterhouse to which susceptible animals are transported under the authority of a licence granted under this paragraph from premises classified as free of disease under regulation 25(3) shall ensure that—

    (a) before slaughter each animal undergoes an ante-mortem health check at the slaughterhouse; and

    (b) at the slaughterhouse, the transported animals do not come into contact with other animals.

Cleansing and disinfection of vehicles transporting susceptible animals
     4. —(1) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under paragraph 1, 2 or 3 shall—

    (a) subject to sub-paragraph (3), ensure that it is cleansed and disinfected in accordance with Schedule 2 to the Transport of Animals (Cleansing and Disinfection) (England) (No.3) Order 2003[28] and any additional requirements an inspector may by written directions impose;

    (b) make a record of the time and date of each cleansing and disinfection undertaken during phase 2 or phase 3;

    (c) keep the record with the vehicle at all times; and

    (d) retain the record for 6 months after the last such cleansing and disinfection.

    (2) Such cleansing and disinfection shall be undertaken—

    (a) before loading; and

    (b) after unloading and before leaving the premises of destination.

    (3) Such cleansing and disinfection shall also be undertaken after loading and before leaving the premises of origin in respect of the wheels and wheel arches only of the vehicle to ensure they are clean on leaving the premises.

Production of licences and unloading after licensed movements
     5. —(1) This paragraph applies where any licence is granted for the movement of susceptible animals between premises under this Part, unless that licence provides otherwise.

    (2) Where this paragraph applies, no person shall unload susceptible animals on premises to which they are moved unless that person first gives the licence to the occupier of those premises or his authorised representative.

    (3) Where this paragraph applies, the occupier of any premises to which susceptible animals are moved shall—

    (a) forward the licence without delay to the local authority and, in the case of the occupier of a slaughterhouse, provide a copy to any official veterinary surgeon appointed for that slaughterhouse;

    (b) retain a copy of the licence for a period of 6 months and produce it on demand for inspection by an inspector;

    (c) in the case of a collecting centre, ensure that sheep are marked or tagged in accordance with the directions of the Secretary of State so as to enable the identity of the collecting centre and the premises from which they were moved to be established throughout their onward movement to a slaughterhouse.



PART 2

Fresh meat, minced meat, mechanically separated meat and meat preparations

Fresh meat etc. derived from vaccinated animals slaughtered during phase 1
     6. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations from vaccinated animals slaughtered in a vaccination zone during phase 1.

    (2) No person shall sell or consign for sale meat to which this paragraph applies unless it satisfies the following requirements—

    (a) it was health marked or identification marked and that mark was overstamped;

    (b) after marking, it was at all times stored and transported separately from meat which was not so marked;

    (c) it was transported in sealed containers for treatment to an establishment designated by the Secretary of State;

    (d) it was treated at that establishment so that it falls within paragraph 1 of Schedule 6 to the Order.

Fresh meat etc. derived from vaccinated ruminants slaughtered during phase 2
     7. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from vaccinated ruminants slaughtered in a vaccination zone during phase 2.

    (2) No person shall sell or consign for sale offal to which this paragraph applies.

    (3) No person shall sell or consign for sale meat, other than offal, to which this paragraph applies unless it has been produced in an establishment which—

    (a) is authorised by a licence granted by the Secretary of State imposing such conditions as she considers necessary to impose strict veterinary control of the establishment;

    (b) processes only meat falling within sub-paragraph (4); and

    (c) at all times during the production process stores, identifies and transports animal products eligible for sale to the final consumer or user separately from those which are not, and in accordance with the directions of the Secretary of State.

    (4) Meat falls within this sub-paragraph if—

    (a) it has been—

      (i) deboned and matured so that it falls within paragraphs 11 and 12 of Schedule 6 to the Order, or

      (ii) obtained from animals reared and slaughtered outside a vaccination zone; and

    (b) it is health marked or identification marked.

Fresh meat etc. from vaccinated swine slaughtered during phase 2
     8. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from vaccinated swine slaughtered in a vaccination zone during phase 2.

    (2) No person shall sell or consign for sale meat to which this paragraph applies unless it satisfies the following requirements—

    (a) it was health marked or identification marked and that mark was overstamped;

    (b) after marking, it was at all times stored and transported separately from meat which was not so marked;

    (c) it was transported in sealed containers for treatment to an establishment designated by the Secretary of State;

    (d) it was treated at that establishment to form a meat product which falls within paragraph 1 of Schedule 6 to the Order.

Fresh meat etc. derived from unvaccinated susceptible animals slaughtered in a vaccination zone during phase 3
     9. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from unvaccinated susceptible animals slaughtered in a vaccination zone during phase 3.

    (2) No person shall sell or consign for sale meat to which this paragraph applies unless—

    (a) either—

      (i) all susceptible animals on all reactor premises in the vaccination zone have been slaughtered, or

      (ii) the animals from which the meat was derived were transported to the slaughterhouse in compliance with sub-paragraph (3) or (4); and

    (b) it was produced in an establishment which complies with sub-paragraph (5).

    (3) Transport complies with this sub-paragraph if it satisfies the following requirements—

    (a) the animals do not come into contact with any other susceptible animals during transport or in the slaughterhouse; and

    (b) the animals are accompanied during transport by a copy of the notice classifying their premises of origin under regulation 25(3), certified as a true copy by an inspector.

    (4) Transport complies with this sub-paragraph if the each animal transported has either—

    (a) been tested by the Secretary of State for antibodies against disease after the end of its incubation period with negative results; or

    (b) been subjected to a serological survey by the Secretary of State at that time with negative results.

    (5) An establishment complies with this paragraph if it—

    (a) is authorised by a licence granted by the Secretary of State imposing such conditions as she considers necessary to impose strict veterinary control of the establishment;

    (b) processes only meat falling within sub-paragraph (6); and

    (c) at all times during the production process stores, identifies and transports animal products eligible for sale to the final consumer or user separately from those which are not, and in accordance with the directions of the Secretary of State.

    (6) Meat falls within this sub-paragraph if—

    (a) it—

      (i) has been deboned and matured so that it falls within paragraphs 11 and 12 of Schedule 6 to the Order,

      (ii) comes from animals which were transported to the establishment under the authority of a licence granted under paragraph 3, or

      (iii) comes from animals which were reared and slaughtered outside a vaccination zone; and

    (b) it is health marked or identification marked.

Fresh meat etc. derived from vaccinated ruminants and the unvaccinated seropositive offspring of vaccinated ruminant dams slaughtered during phase 3
     10. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from the following animals slaughtered in a vaccination zone during phase 3—

    (a) vaccinated ruminants; and

    (b) unvaccinated seropositive offspring of vaccinated ruminant dams.

    (2) No person shall sell or consign for sale offal to which this paragraph applies.

    (3) No person shall sell or consign for sale meat, other than offal, to which this paragraph applies unless it complies with sub-paragraph (4) or it was produced in an establishment complying with sub-paragraph (5).

    (4) Meat complies with this sub-paragraph if it satisfies the following requirements—

    (a) it was health marked or identification marked and that mark was overstamped;

    (b) after marking, it was at all times stored and transported separately from meat which was not so marked;

    (c) it was transported in sealed containers for treatment to an establishment designated by the Secretary of State;

    (d) it was treated at that establishment to form a meat product which falls within paragraph 1 of Schedule 6 to the Order.

    (5) An establishment complies with this sub-paragraph if it—

    (a) is authorised by a licence granted by the Secretary of State imposing such conditions as she considers necessary to impose strict veterinary control of the establishment;

    (b) processes only meat falling within sub-paragraph (6); and

    (c) at all times during the production process stores, identifies and transports animal products eligible for sale to the final consumer or user separately from those which are not, and in accordance with the directions of the Secretary of State.

    (6) Meat falls within this sub-paragraph if—

    (a) it—

      (i) has been deboned and matured so that it falls within paragraphs 11 and 12 of Schedule 6 to the Order,

      (ii) has been transported to the establishment under the authority of a licence granted under paragraph 3, or

      (iii) comes from animals which were reared and slaughtered outside a vaccination zone; and

    (b) it is health or identification marked.

Fresh meat etc. derived from vaccinated swine and the unvaccinated seropositive offspring of vaccinated swine slaughtered during phase 3
     11. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from the following animals slaughtered in a vaccination zone during phase 3—

    (a) vaccinated swine; and

    (b) unvaccinated seropositive offspring of vaccinated swine.

    (2) No person shall sell or consign for sale meat to which this paragraph applies unless it complies with sub-paragraph (3) or it was produced in an establishment complying with sub-paragraph (4).

    (3) Meat complies with this sub-paragraph if it satisfies the following requirements—

    (a) it was health marked or identification marked and that mark was overstamped;

    (b) after marking, it was at all times stored and transported separately from meat which was not so marked;

    (c) it was transported in sealed containers for treatment to an establishment designated by the Secretary of State;

    (d) it was treated at that establishment to form a meat product which falls within paragraph 1 of Schedule 6 to the Order.

    (4) An establishment complies with this sub-paragraph if it—

    (a) is authorised by a licence granted by the Secretary of State imposing such conditions as she considers necessary to impose strict veterinary control of the establishment;

    (b) processes only meat falling within sub-paragraph (5); and

    (c) at all times during the production process stores, identifies and transports animal products eligible for sale to the final consumer or user separately from those which are not, and in accordance with the directions of the Secretary of State.

    (5) Meat falls within this sub-paragraph if it comes from animals—

    (a) originating on premises which have been declared free of disease under regulation 25(3); or

    (b) which were reared and slaughtered outside a vaccination zone.



PART 3

Products other than fresh meat etc.

Milk and milk products produced from vaccinated animals
     12. —(1) No person shall sell or consign for sale the milk of a vaccinated animal or any milk product produced from such milk unless it complies with sub-paragraph (2).

    (2) Milk and milk products comply with this sub-paragraph if—

    (a) they have been treated so as to fall within paragraph 13 or 14 of Schedule 6 to the Order; and

    (b) that treatment was carried out either—

      (i) inside the vaccination zone on premises complying with sub-paragraph (3), or

      (ii) outside the vaccination zone on such premises as the Secretary of State may direct.

    (3) Premises comply with this sub-paragraph if they satisfy the following requirements—

    (a) they are authorised by a licence granted by the Secretary of State imposing such conditions as she considers necessary to ensure strict veterinary control;

    (b) they are operated so that all milk transported to the premises—

      (i) has been treated so as to fall within paragraph 13 or 14 of Schedule 6 to the Order,

      (ii) is transported to the premises for such treatment, or

      (iii) is raw milk obtained from outside a vaccination zone;

    (c) they are operated so that milk on the premises and leaving the premises is clearly identified as eligible for sale outside the vaccination zone to the final consumer and is at all times stored and transported separately from raw milk and raw milk products which are not so eligible.

Collection, transport and processing of milk produced in a vaccination zone
     13. —(1) No person shall collect and transport milk produced in a vaccination zone unless such transport complies with sub-paragraph (2) and is carried out in a vehicle which complies with sub-paragraph (3)

    (2) Transport complies with this sub-paragraph if it is—

    (a) transport of samples of raw milk—

      (i) to a laboratory authorised in respect of the disease under article 4 of the Specified Animal Pathogens Order 1998, or

      (ii) to another laboratory under the authority of a licence granted by an inspector; or

    (b) transport to premises, other than a laboratory, under the authority of a licence granted by an inspector.

    (3) A vehicle complies with this sub-paragraph if it—

    (a) has been authorised to operate within the part of England in which the journey is to take place by a licence granted by the Secretary of State; and

    (b) has been marked so as to identify the geographical area in which it is authorised to operate in accordance with the directions of the Secretary of State.

    (4) A licence granted under sub-paragraph (2)(b) shall specify the route to be taken and shall include a condition prohibiting the vehicle used from entering any premises in the zone where susceptible animals are kept for purposes other than to load milk.

    (5) Any person transporting milk under the authority of a licence granted under sub-paragraph (2)(b) shall ensure that—

    (a) the vehicle used is constructed and maintained so that there is no leakage of milk during transport and is equipped to avoid aerosol dispersion during loading and unloading;

    (b) before every loading, the vehicle is cleansed and disinfected in accordance with the directions of an inspector; and

    (c) after every loading and before leaving the premises, the connection pipes, tyres, wheel cases and lower parts of the vehicle, and any spillage of milk, are cleansed and disinfected in accordance with the directions of an inspector.

    (6) No person shall process milk transported under sub-paragraph (2) except under the authority of a licence granted by an inspector.

Artificial insemination and collection of ova and embryos
     14. —(1) No person shall collect semen for artificial insemination from a susceptible animal kept in a semen collection centre in a vaccination zone unless such collection complies with sub-paragraph (3) and either sub-paragraph (4) or (5).

    (2) No person shall collect ova or embryos from susceptible animals kept in a vaccination zone.

    (3) Collection of semen for artificial insemination complies with this sub-paragraph if—

    (a) it is under the authority of a licence granted by the Secretary of State;

    (b) the semen collected is clearly marked in accordance with the directions of the Secretary of State;

    (4) Collection of semen for artificial insemination complies with this sub-paragraph if—

    (a) the donor animal is unvaccinated; and

    (b) all animals present in the semen collection centre at the time of collection have undergone a clinical examination and samples have been subjected to a serological test which substantiates the absence of infection in that centre to the satisfaction of the Secretary of State.

    (5) Collection of semen for artificial insemination complies with this sub-paragraph if—

    (a) the donor animal is vaccinated; and

    (b) the vaccination took place following a test for antibodies against the disease virus carried out by the Secretary of State with negative result.

    (6) No person shall use semen collected in compliance with this paragraph for artificial insemination unless—

    (a) it was stored separately from other semen for at least 30 days after collection;

    (b) if collected from an unvaccinated animal, that animal has been subjected with negative result to a serological test carried out by the Secretary of State for the detection of antibodies against disease on a sample taken not earlier than 28 days after collection of the semen; and

    (c) if collected from a vaccinated animal—

      (i) a negative result has been achieved in a test for detection of either the disease virus or viral genome or for the detection of antibody against non-structural proteins, carried out by the Secretary of State at the end of the quarantine period for the semen on samples taken from all susceptible animals present at the semen collection centre at that time; and

      (ii) 5% of the semen from each collection (with a minimum of five straws) has been subjected to a virus isolation test for disease carried out by the Secretary of State with negative results.

Hides and skins
     15. —(1) This paragraph applies to hides and skins of susceptible animals originating in a vaccination zone.

    (2) No person shall sell or consign for sale any animal product to which this paragraph applies unless either—

    (a) it was—

      (i) produced before the date 21 days before the vaccination zone was declared, and

      (ii) at all times stored separately from hides and skins which were not so produced; or

    (b) it has been treated so that it falls within paragraph 2 of Schedule 6 to the Order.

Wool, ruminant hair and pig bristles
     16. —(1) This paragraph applies to wool, ruminant hair and pig bristles from animals originating in a vaccination zone.

    (2) No person shall sell or consign for sale any animal product to which this paragraph applies unless either—

    (a) it was—

      (i) produced before the date 21 days before the vaccination zone was declared, and

      (ii) at all times stored separately from wool, ruminant hair and pig bristles which were not so produced; or

    (b) it has been treated so that it falls within paragraph 3 of Schedule 6 to the Order.

Other animal products
     17. —(1) This paragraph applies to any animal product other than—

    (a) fresh meat, minced meat, mechanically separated meat or any meat preparation;

    (b) milk or any milk product;

    (c) any semen, ovum or embryo;

    (d) any hide or skins; or

    (e) any wool, ruminant hair or pig bristles,

if it is produced from susceptible animals originating in a vaccination zone.

    (2) No person shall sell or consign for sale an animal product to which this paragraph applies unless it satisfies one of the following requirements—

    (a) it was—

      (i) produced before the date 21 days before the vaccination zone was declared, and

      (ii) at all times stored and transported separately from animal products which were not so produced;

    (b) it has been treated so that it falls within paragraph 4 of Schedule 6 to the Order;

    (c) where it is referred to in one of paragraphs 5 to 9 of Schedule 6 to the Order, it has been treated so that it falls within that paragraph;

    (d) it forms part of a composite product (that is, a manufactured or processed product containing more than one ingredient at least one of which is an animal product) and each ingredient which is an animal product—

      (i) is referred to in a paragraph of Schedule 6 to the Order and has been treated so that it falls within that paragraph (either before manufacturing or processing, or as part of the composite product), or

      (ii) was not produced from susceptible animals originating on infected premises, suspect premises or contact premises or susceptible animals originating in a temporary control zone, protection zone, surveillance zone or vaccination zone;

    (e) it is a packaged product ready for use—

      (i) as a reagent, reagent product, calibrator, kit or any other system (whether used alone or in combination),

      (ii) in vitro for the examination of samples of human or animal origin (with the exception of donated organs or blood), and

      (iii) solely or principally with a view to the diagnosis of a physiological state, state of health, disease or genetic abnormality or to determine safety and compatibility with reagents.

    (3) In this paragraph—

    (a) contact premises means any premises declared to be contact premises under article 14(2) of the Order; and

    (b) suspect premises means any premises declared to be suspect premises under article 12(7) or 14(1) of the Order.

    (4) In this paragraph, the expressions "susceptible animals originating in", in respect of a protection zone or a surveillance zone, or "susceptible animals originating on" in respect of infected premises mean—

    (a) susceptible animals kept in the protection zone or surveillance zone (after the declaration of the zone) or on the infected premises, as the case may be; and

    (b) susceptible animals which were kept within the boundaries of the protection zone or surveillance zone or on the infected premises at any time during the period—

      (i) beginning 21 days before the following date—

        (aa) in the case of a protection zone, the earliest infection date on premises there,

        (bb) in the case of a surveillance zone, the earliest infection date on premises in the associated protection zone,

        (cc) in the case of infected premises, the infection date; and

      (ii) ending with the declaration of the protection zone, surveillance zone or infected premises, as the case may be.

    (5) In this paragraph, the expressions "susceptible animals originating in", in respect of a temporary control zone, or "susceptible animals originating on", in respect of suspect premises or contact premises mean—

    (a) susceptible animals kept in the temporary control zone (after the declaration of the zone) or on the suspect premises or contact premises, as the case may be; and

    (b) susceptible animals which were kept within the boundaries of the temporary control zone or on the suspect premises or contact premises at any time during the period—

      (i) beginning 21 days before the declaration of the temporary control zone or suspect premises or contact premises, as the case may be, and

      (ii) ending with that declaration.

    (6) In this paragraph, "infection date" means, in respect of any premises, the date confirmed by the Chief Veterinary Officer of the Department for Environment, Food and Rural Affairs under article 12(10) of the Order as the earliest date disease was present there.

Transport, treatment and distribution of dung and manure
     18. —(1) This paragraph applies to dung or manure from premises in a vaccination zone where susceptible animals are kept.

    (2) No person shall transport dung or manure to which this paragraph applies unless such transport complies with sub-paragraph (3), (5) or (7), and with sub-paragraph (10).

    (3) Transport of dung or manure complies with this sub-paragraph where it is to an establishment for treatment to destroy the disease virus under the authority of a licence granted by the Secretary of State.

    (4) The occupier of any premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) shall ensure that it is treated in accordance with point 5 of Section II in Part A of Annex VIII to Regulation (EC) No. 1774/2002.

    (5) Transport of dung or manure complies with this sub-paragraph if—

    (a) the dung or manure is for spreading;

    (b) the transport is under the authority of a licence granted by an inspector; and

    (c) before the grant of the licence a veterinary inspector clinically examined all susceptible animals on the premises where the dung or manure was produced and was satisfied that they are not suspected of infection.

    (6) No person shall spread dung or manure to which this paragraph applies unless such spreading is authorised by an inspector and the dung or manure—

    (a) is spread from not more than 1 metre above the ground;

    (b) if spread as a liquid, is not discharged by equipment producing a jet or spray unless the discharge point is directed downwards at an angle of not less than 45° from the horizontal; and

    (c) is immediately incorporated into the ground.

    (7) Transport of dung or manure complies with this sub-paragraph if—

    (a) the dung or manure is for spreading;

    (b) the transport is under the authority of a licence granted by an inspector; and

    (c) before the grant of the licence a veterinary inspector clinically inspected all susceptible animals on the premises where the dung or manure was produced and was satisfied that they are not suspected of infection.

    (8) No person shall spread dung or manure transported by authority of a licence granted under sub-paragraph (7) unless such spreading is authorised by a licence granted by an inspector and the dung or manure is injected into the ground.

    (9) Any licence granted under sub-paragraph (5), (6) or (8) shall contain at least the following terms—

    (a) designation of the areas within which the dung or manure must be spread;

    (b) designation of a distance from other premises where susceptible animals are kept within which dung or manure must not be spread.

    (10) Transport of dung or manure complies with this sub-paragraph if it is carried out in a vehicle which is—

    (a) constructed and maintained so that there is no leakage of the load during transport; and

    (b) cleansed and disinfected after loading and before leaving the premises of origin.

    (11) After transporting dung or manure under this paragraph, the person in charge of the vehicle shall ensure it is cleansed and disinfected after unloading or spreading and before leaving the premises of destination.

    (12) The person in charge of a vehicle to be cleansed and disinfected under sub-paragraph (10) or (11) shall ensure that such cleansing and disinfection is carried out so that—

    (a) the exterior (including the wheels and wheel arches) is not marked with mud, dung, manure or similar matter on leaving the premises of origin or the premises of destination;

    (b) the interior (excluding any driver or passenger compartment) is not so marked on leaving the premises of destination; and

    (c) any additional requirements as an inspector directs are complied with.


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations transpose for England Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease (OJ No. L306, 22.11.2003, p1) insofar as it deals with vaccination against foot-and-mouth disease.

The other measures transposing Directive 2003/85/EC in England are the Animal Health Act 1981 (Amendment) Regulations 2005 (S.I. 2005/3475) and the Foot-and-Mouth Disease (England) Order 2006 (S.I. 2006/182) ("the Order"), read with the Animal Health Act 1981 (c.22, amended by the Animal Health Act 1981 (Amendment) Regulations 1992 (S.I. 1992/3293), the Animal Health Act 2002, c.42, and the Animal Health Act 1981 (Amendment) Regulations 2005) ("the Act").

The Regulations revoke the Foot-and-Mouth Disease (Infected Areas) (Vaccination) Order 1972 (S.I. 1972/1509) insofar as it applies in England and the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2001 (S.I. 2001/2375).

Part 1 of the Regulations contains introductory and interpretation provisions.

Part 2 makes provision for a programme of vaccination against foot-and-mouth disease.

Regulation 8 requires vaccination to be carried out under licence unless it is carried out as scientific research.

Regulation 9 sets out the factors the Secretary of State must consider when deciding whether to permit vaccination and regulation 10 requires such a decision to be in writing and to contain specified information.

Regulation 11 provides for the effect of a licence permitting vaccination.

Regulations 12 to 16 apply when a programme of protective vaccination (defined in regulation 2, commonly referred to as "vaccination to live") is undertaken. They provide for the declaration of a vaccination zone and a vaccination surveillance zone. Regulation 15 and the Schedule provide for the measures applying in a vaccination zone. The requirements in the Schedule for treatment of products originating in or produced in a vaccination zone should be read with Schedule 6 of the Order. The measures applying in a vaccination zone vary according to the phase of the vaccination programme; the commencement and ending of phases are also provided for in regulation 15. Regulation 16 provides for the measures applying in a vaccination surveillance zone.

Regulation 17 extends the power to vaccinate animals in section 16 of the Act and, consequentially, the effect of other provisions of the Act relating to vaccination.

Regulation 18 requires keepers of animals to facilitate their vaccination and controls movement of animals from premises where vaccination is being undertaken.

Regulation 19 provides for identification of vaccinated animals by means of an eartag at the time of vaccination. Regulation 20 requires cattle passports and registration certificates to be marked to identify the animal as vaccinated. Regulation 21 provides for removal of eartags and missing eartags. Regulation 22 prohibits the sale or sending for slaughter of a vaccinated animal unless it is identified as such. Regulations 23 and 24 provide for animals which were to have been included in a vaccination programme but were not vaccinated and for their carcases. Regulation 24 also makes provision for the treatment of carcases which come from a vaccinated animal but are not being dealt with accordingly.

Regulation 25 provides for the survey of premises during phase 2 of a programme of protective vaccination and their classification according to the results of that survey. Regulation 26 provides for the measures applying to premises classified during the survey as "reactor premises". The requirements for cleansing and disinfection and restocking of reactor premises should be read with Schedules 3 and 4 of the Order.

Regulation 27 requires the local authority to erect signs indicating the boundaries of vaccination zones and vaccination surveillance zones.

Regulation 28 prohibits the sending of vaccinated animals for intra-Community trade.

Part 3 makes general and supplementary provision

Regulation 29 requires occupiers to provide facilities, equipment and materials where cleansing and disinfection of vehicles is required on their premises.

Regulation 30 makes provision to maintain marks applied under the Regulations.

Regulation 31 provides for the feeding and tending of animals or poultry which cannot be moved on termination of a right of occupation because of a restriction imposed by the Regulations.

Regulations 32 to 38 and 40 to 43 make provision related to offences and enforcement. In particular, regulation 37 applies provisions of the Act related to offences as if the Regulations were an Order made under the Act; consequentially, failure to comply with the Regulations is an offence under section 73 of the Act (regulation 37(1)(g)). Regulation 37(3) provides for penalties.

Regulation 39 confers general powers on veterinary inspectors to take action to prevent spread of disease.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the library of each House of Parliament, together with a Transposition Note setting out how the main elements of Directive 2003/85/EC are transposed in these Regulations. Copies may be obtained from the Department for Environment, Food and Rural Affairs, Exotic Disease Prevention and Control Division, 1A Page Street, London SW1P 4PQ.

Notes:

 [1] 1972 c.68.back

[2] S.I. 1972/1811.back

[3] 1981 c. 22, amended by the Animal Health Act 1981 (Amendment) Regulations 1992 (S.I. 1992/3293), the Animal Health Act 2002, c.42, and the Animal Health Act (Amendment) Regulations 2005 (S.I. 2005/3475).back

[4] S.I. 2005/2002.back

[5] OJ No. L139, 30.4.2004, p206. The revised text of the Regulation is contained in a corrigendum (OJ No. L226, 25.6.2004, p83).back

[6] OJ No. L139, 30.4.2004, p55. The revised text of the Regulation is contained in a corrigendum (OJ No. L226, 25.6.2004, p22).back

[7] S.I. 2006/182.back

[8] OJ No. L165, 30.4.2004, p1. The revised text of the Regulation is contained in a corrigendum (OJ No. L191, 28.5.2004, p1).back

[9] S.I. 1995/539, revoked by S.I. 2005/2059.back

[10] S.I.. 1995/540, revoked by S.I. 2005/2059.back

[11] S.I. 1978/32, amended by S.I. 2006/182; there are other amending instruments but none is relevant.back

[12] S.I. 1998/463.back

[13] S.I. 2005/2745.back

[14] OJ No. L306, 22.11.2003, p1.back

[15] Section 16 was amended by the Animal Health Act 2002 (c.42), section 7.back

[16] Section 16A was inserted by the Animal Health Act 2002 (c.42), section 5.back

[17] Section 62A was inserted by the Animal Health Act 2002 (c.42), section 8.back

[18] S.I. 1996/1686. Revoked by the Cattle Identification Regulations 1998 (S.I. 1998/871) which provide, in regulation 36, that the requirements of the revoked Order for animals born after 1st July 1996 relating to cattle passports continue to apply as if they were requirements under those Regulations.back

[19] S.I. 1998/871, to which there are amendments not relevant to these Regulations.back

[20] S.I. 2000/2976, to which there are amendments not relevant to these Regulations.back

[21] Section 64A was inserted by the Animal Health Act 1981 (Amendment) Regulations 1992 (S.I. 1992/3293), regulation 2.back

[22] Section 65A was inserted by the Animal Health Act 2002 (c.42), section 10.back

[23] Section 60 was amended by the Animal Health Act 2002 (c.42), section 11.back

[24] Section 71A was inserted by the Animal Health Act 2002 (c.42), section 14.back

[25] Section 75 was amended by the Animal Health Act 2002 (c.42), section 13.back

[26] S.I. 1972/1509.back

[27] S.I. 2001/2375.back

[28] S.I. 2003/1724.back


ISBN 0 11 073972 8


 © Crown copyright 2006

Prepared 8 February 2006
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