Made | 4th June 2003 | ||
Coming into force | 5th June 2003 |
Interpretation
2.
- (1) In this Order -
(2) Any notice served under this Order must be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
Cleansing and disinfection in relation to the transport of hoofed animals and poultry
3.
- (1) This article applies in relation to the transport of -
and references in this article to "animal" must be construed accordingly.
(2) In the circumstances set out in Schedule 1, the requirements of article 4 apply instead of the requirements of this article.
(3) The user of any means of transport which has been used to transport any animal, or anything which may give rise to a risk of transmission of disease, must, as soon as reasonably practicable and not more than 24 hours after the journey is completed, ensure that it and any equipment are cleansed and disinfected in accordance with Schedule 2 or (in the case of a container) destroyed.
(4) No person may use, or cause or permit the use of, any means of transport to transport any animal unless the means of transport and any equipment have been cleansed and disinfected in accordance with Schedule 2 since they were last used to transport any animal, or anything which may give rise to a risk of transmission of disease.
(5) If a means of transport or any equipment has become soiled so that it may give rise to a risk of transmission of disease since last being cleansed and disinfected, no person may load, or cause or permit to be loaded, any animal into the means of transport unless the soiled parts of the means of transport or the equipment have been again cleansed and disinfected in accordance with paragraphs 1, 3 and 4 of Schedule 2.
(6) Any person transporting animals must remove any dead animals, soiled bedding and excreta from the means of transport as soon as practicable.
Cleansing and disinfection in relation to the transport of other mammals and birds, and hoofed animals and poultry in certain circumstances
4.
- (1) This article applies in relation to the transport of -
and references to "animal" in this article must be construed accordingly.
(2) This article does not apply in the case of -
(3) Any person transporting, or causing or permitting the transport of, animals where this article applies must ensure that -
(4) Cleansing and disinfection under this article must be carried out in accordance with paragraphs 1, 3 and 4 of Schedule 2.
Drivers' cabs
5.
Nothing in this Order requires the use of disinfectant inside the driver's cab of any means of transport.
Disposal of material after cleansing
6.
- (1) The person responsible for cleansing the means of transport and any equipment under this Order must ensure that all feedingstuffs to which animals have had access, bedding, excreta and other material of animal origin, and other contaminants removed from the means of transport are -
(2) This article does not apply to any material required to be disposed of under the Animal By-Products Order 1999[2].
Powers of inspectors, etc.
7.
- (1) Where an inspector is satisfied that a means of transport or any equipment either -
he or she may serve a notice on any person appearing to him or her to be in charge of that means of transport or equipment.
(2) A notice served under the preceding paragraph may -
(3) If a notice is served under the preceding paragraph, the cleansing and disinfection must be carried out in accordance with Schedule 2 unless the notice specifies a different method of cleansing and disinfection.
(4) An inspector may serve a notice on any person who is required to carry out cleansing and disinfection in accordance with articles 3 or 4 requiring him or her to carry out the cleansing and disinfection as specified in the notice instead of in accordance with Schedule 2 if the inspector is satisfied that this is necessary for animal health purposes.
(5) Where a person fails to comply with a notice served under this article, an inspector may arrange for the provisions of the notice to be complied with at the expense of the person on whom the notice was served.
Enforcement
8.
This Order is to be enforced by the local authority or the Secretary of State.
Revocations and amendments
9.
The Transport of Animals (Cleansing and Disinfection) (Wales) Order 2003 is revoked[3].
Signed on behalf of the National Assembly for Wales
D.Elis-Thomas
Presiding Officer
4th June 2003
Elliot Morley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd June 2003
Journeys between the same two points
3.
- (1) If a means of transport is used exclusively, in the course of a single day, for the transport of animals between the same two points, article 4, rather than article 3, shall apply, except before the first journey and after the last journey of the day.
(2) In this paragraph, the transport of animals takes place in the course of a single day even if -
(3) This paragraph does not apply to journeys between two markets.
Livestock shows
4.
If a means of transport is used for the transport of animals from their premises of origin to a livestock show and back, and paragraph 3 does not apply then article 4, rather than article 3, applies in relation to the means of transport when it is at the show premises provided that -
Temporary unloading
5.
Article 4, rather than article 3, applies in relation to a means of transport from which animals have been unloaded solely to be fed or watered, or for some other temporary purpose, and then reloaded.
(2) In the case of animals transported in a container, the interior of the container must be cleansed whether or not it is soiled, and the exterior of the container and any parts of the means of transport carrying the container must be cleansed if they are soiled.
(3) For the purposes of article 3, every part of a means of transport required to be cleansed must also be disinfected.
Method of cleansing
3.
Cleansing must be carried out by removing any feedingstuffs to which animals have had access, bedding, excreta and other material of animal origin, mud and other contaminants using any appropriate means, and then cleansing with water, steam or where appropriate chemicals or chemical compounds (or, if necessary, any combination of these) until free of dirt.
Method of disinfection
4.
Anything to be disinfected under this Order must be disinfected after cleansing has been completed, using a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978[4] at the concentration required under that Order for "General Orders".
This Order specifies that, after the transport of any hoofed animals, and domestic fowls, turkeys, geese, ducks, guinea-fowls, quails, pigeons, pheasants, partridges and ratites, the means of transport and equipment carried with it must be cleansed and disinfected in accordance with Schedule 2 as soon as practicable, but in any event within not more than 24 hours (article 3(3)). Before a journey transporting any of these animals, it requires a means of transport to have been cleansed and disinfected since it was last used to transport any of these animals (article 3(4)). It also specifies that, even if this has been done, if the means of transport becomes soiled so as to cause a risk of transmission of disease since last being cleansed and disinfected, the soiled parts must be cleansed and disinfected again before such animals are transported (article 3(5)). It requires any person transporting such animals to remove dead animals, litter and excreta from the means of transport as soon as practicable (article 3(6)).
Article 4 applies to all other animals and birds (but not to non-commercial journeys or to the transport of single animals or pets) and to the circumstances set out in Schedule 1 (where article 3 would otherwise apply). These circumstances relate to journeys on a single enterprise, transport of certain horses, journeys between the same two points and means of transport at a livestock show. Article 4 requires that the animals to which it applies are loaded on to a means of transport which has been cleansed and, if necessary, disinfected, and that dead animals, litter and excreta are removed from the means of transport as soon as practicable.
Article 6 specifies how the material removed from the means of transport must be disposed of.
Under article 7, an inspector is empowered, in the circumstances set out in that article, to serve a notice requiring a means of transport to be cleansed and disinfected.
The Order is enforced by the local authority or the Secretary of State (article 8).
Breach of the Order is an offence under section 73 of the Animal Health Act 1981 punishable in accordance with section 75 of that Act.
A regulatory appraisal has not been prepared for this Order.
[2] S.I. 1999/646, as amended by S.I. 2001/1735 (W.122).back
[4] S.I. 1978/32, as amended.back
© Crown copyright 2003 | Prepared 19 June 2003 |