Made | 31 January 2006 | ||
Coming into force | 1 February 2006 |
1. | Title, application and commencement |
2. | Extension of definitions of "animals" and "poultry" |
3. | Interpretation |
4. | Premises comprising common or unenclosed land |
5. | Licences and declarations |
6. | Notices |
7. | Dissemination of information concerning restrictions and requirements |
8. | Disinfection |
9. | Notification of disease or suspected disease |
10. | Notice of suspicion of disease |
11. | Suspicion of disease in animals in transit |
12. | Veterinary inquiry into the existence of disease and declaration of suspect and infected premises |
13. | Separate production units |
14. | Tracing of possible disease spread |
15. | Maintenance of Measures in respect of premises |
16 | Declaration of a temporary control zone |
17. | Measures applicable in respect of a temporary control zone |
18. | Supplementary measures in respect of a temporary control zone: straying of susceptible animals |
19. | Declaration of supplementary movement control zone |
20. | Measures applicable in respect of a supplementary movement control zone |
21. | Tracing of products originating on infected premises |
22. | Notice of intention to slaughter animals |
23. | Sampling and clinical examination of susceptible animals before slaughter |
24. | Place of slaughter |
25. | Slaughter: control of carcases |
26. | Slaughter: control of faecal material |
27. | Slaughter: isolation of things liable to spread disease |
28. | Slaughter: cleansing and disinfection of premises other than slaughterhouses and border inspection posts |
29. | Slaughter: cleansing and disinfection of slaughterhouses and border inspection posts |
30. | Restocking of premises following slaughter |
31. | Declaration of protection and surveillance zones on confirmation of disease in Wales |
32. | Declaration of protection and surveillance zones on confirmation of disease in England or Scotland |
33. | Protection and surveillance zones: general provisions |
34. | Measures applicable in respect of protection and surveillance zones |
35. | Veterinary inspection of premises in protection and surveillance zones |
36. | Power to prohibit entry to land or agricultural buildings in a protection zone |
37. | Termination of protection and surveillance zones |
38. | Declaration of a restricted zone |
39. | Measures applicable in respect of a restricted zone |
40. | Presence of disease in wild animals and declaration of a wild animal infected zone |
41. | Measures applicable in a wild animal infected zone |
42. | Production of licences |
43. | Premises keeping animals of special value |
44. | Duty of the local authority to erect signs |
45. | Cleansing and disinfection of vehicles transporting susceptible animals |
46. | Cleansing and disinfection of vehicles: provision of facilities, equipment and materials |
47. | Marks applied under this Order |
48. | Change of occupation of premises under restriction |
49. | Reasonable assistance |
50. | False information |
51. | Compliance with notices and directions |
52. | Production of records |
53. | Retention of records |
54. | Designated areas and periods for the inspection of vehicles |
55. | General powers of veterinary inspectors to take action to prevent the spread of disease |
56. | Powers of inspectors in case of default |
57. | Offences by bodies corporate |
58. | Offences: no knowledge of restriction or requirement |
59. | Enforcement |
60. | Amendment to the Diseases of Animals (Approved Disinfectants) Order 1978 |
61. | Amendment to the Foot-and-Mouth Disease (Ascertainment of Value) (Wales) (No.5) Order 2001 |
62. | Amendment to the Disease Control (Wales) Order 2003 |
63. | Revocations |
SCHEDULE 1 — | Cleansing and disinfection of premises |
SCHEDULE 2 — | Measures applicable to premises on suspicion or confirmation of disease |
SCHEDULE 3 — | Criteria for confirming disease |
SCHEDULE 4 — | Measures applicable in respect of protection and surveillance zones |
SCHEDULE 5 — | Treatments to ensure the destruction of disease virus |
PART 1 — | Products of animal origin (other than fresh meat, milk and milk products) |
PART 2 — | Products not of animal origin |
PART 3 — | Fresh meat |
PART 4 — | Milk and milk products |
SCHEDULE 6 — | Measures applicable in respect of a restricted zone |
SCHEDULE 7 — | Measures applicable in respect of a wild animal infected zone |
SCHEDULE 8 — | Restocking of premises |
SCHEDULE 9 — | Orders Revoked |
Interpretation
3.
—(1) In this Order—
(2) References in this Order to "emergency slaughter" mean slaughter of animals which are not suspected of infection or contamination and are not on infected premises where an inspector considers that circumstances require urgent slaughter (including slaughter for welfare reasons).
(3) References in this Order to "susceptible animals originating in" protection or surveillance zone or susceptible animals "originating on infected premises" mean—
(ii) ending with the declaration of the protection zone, surveillance zone or infected premises, as the case may be.
(4) References in this Order to "susceptible animals originating in" a vaccination or temporary control zone or susceptible animals "originating on" suspect or contact premises mean—
Premises comprising common or unenclosed land
4.
In this Order—
(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
5.
—(1) Licences granted under this Order—
(2) Except where otherwise directed by the National Assembly, a licence granted in England or Scotland for the same purpose as a licence which may be granted under this Order is valid for that purpose in Wales and its conditions are to apply in Wales as if it was a licence granted under this Order.
(3) Declarations made under this Order must be in writing and any amendment or revocation of a declaration must be made by further declaration.
Notices
6.
—(1) Notices issued under this Order—
(2) Notices whose service on the occupier of any premises results in any requirement or restriction in relation to those premises must contain a description of those premises sufficient to ascertain their extent.
(3) The description referred to in paragraph (2) may be amended by a veterinary inspector if he or she is satisfied that it does not describe a single epidemiological unit in respect of disease.
Dissemination of information concerning restrictions and requirements
7.
The National Assembly must take such steps as it considers necessary 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 and in particular it must ensure that the extent of any zone declared under this Order, the nature of the restrictions and requirements applicable within it and the dates of its declaration and withdrawal are publicised.
Disinfection
8.
Disinfection under this Order must be carried out with a disinfectant which is—
(2) The inspector must ensure that the occupier of premises to which animals are directed is served with a notice on their arrival stating that those premises are under restriction and Schedule 2 will then apply in respect of those premises.
(3) The person in charge of any vehicle detained under paragraph (1)(c) must cleanse and disinfect it without delay in accordance with Schedule 2 to the Transport of Animals (Cleansing and Disinfection) (Wales) (No.3) Order 2003[10] and with any additional requirements an inspector imposes by serving a notice on him or her.
(4) The person in charge of any equipment or other thing detained under paragraph (1)(c) must cleanse and disinfect it in accordance with the directions of an inspector.
Veterinary inquiry into the existence of disease and declaration of suspect and infected premises
12.
—(1) The Chief Veterinary Officer must ensure that the presence or suspicion of infection or contamination is investigated in accordance with this article by a veterinary inspector as soon as is reasonably practicable.
(2) The Chief Veterinary Officer must ensure that the presence or absence of disease on every premises in a temporary control zone where susceptible animals are, or have within 56 days before the declaration of that zone, been kept, is investigated in accordance with this article by a veterinary inspector as soon as is reasonably practicable.
(3) The veterinary inspector investigating must take all steps he or she considers necessary to determine whether disease exists or has within 56 days before the commencement of the investigation, existed on the premises and the related circumstances. In particular he or she must ensure that any samples necessary for that determination are taken (but sampling will not be considered necessary on premises which the Chief Veterinary Officer considers to be epidemiologically linked with a primary source of disease for which samples have already been taken).
(4) The veterinary officer investigating may mark any animal, carcase or other thing liable to spread disease found on the premises.
(5) If the veterinary officer investigating considers it necessary to submit a serological sample for testing to determine whether disease exists or has within 56 days existed on the premises, he or she must declare the premises to be suspect premises.
(6) The veterinary officer investigating must communicate to the Chief Veterinary Officer his or her opinion as to whether disease exists or has within 56 days before the investigation, existed on any premises under inquiry.
(7) If his or her opinion is that disease exists or has within 56 days before the investigation, existed on any premises, the veterinary officer investigating must also communicate to the Chief Veterinary Officer his or her opinions on at least the following—
and in sub-paragraphs (c), (e) and (f), "premises" includes premises outside Wales.
(8) The Chief Veterinary Officer must consider and may confirm every opinion communicated to him or her under this article.
(9) If the Chief Veterinary Officer concludes after consideration of any opinion communicated to him or her under this article, that one or more of the criteria in Schedule 3 are satisfied in respect of any premises he or she must confirm disease there.
(10) If the Chief Veterinary Officer confirms disease at any premises the National Assembly must declare those premises to be infected premises.
(11) Declarations under this article must be by notice served on the occupier.
(12) An infected premises is an infected place for the purpose of the Act.
Separate production units
13.
—(1) The National Assembly may by notice served on the occupier of any premises (other than infected premises) investigated under article 12, declare that they are to be regarded as two or more separate production units if the Chief Veterinary Officer advises at the time of the veterinary inquiry that in his or her opinion—
(2) A declaration under sub-paragraph (1) must identify and designate the boundaries of each separate unit and must declare every separate unit which is free of disease, to be a free unit.
(3) A unit must cease to be a free unit on—
Tracing of possible disease spread
14.
—(1) The National Assembly must declare premises (other than infected premises) to be suspect premises if the Chief Veterinary Officer advises that he or she suspects them of contamination from premises already declared to be suspect premises or from a suspected case of disease outside Wales.
(2) The National Assembly must declare premises (other than infected or suspect premises) to be contact premises if the Chief Veterinary Officer advises either—
and in sub-paragraphs (a) and (b) "premises" includes premises outside Wales.
(3) Declarations under this article must be by notice served on the occupier.
(4) The National Assembly must ensure that any premises declared to be suspect or contact premises under this article are subjected to investigation in accordance with article 12 as soon as is reasonably practicable.
(5) Where, following a declaration under article 13(1), premises are to be regarded as consisting of separate production units, the National Assembly must amend any declaration under paragraph (2) to specify to or from which units disease may have been carried and only those units so specified are to form the contact premises.
(6) Schedule 2 applies in respect of suspect or contact premises declared under this article.
Maintenance of measures in respect of premises
15.
—(1) If premises are declared to be infected premises, they will no longer be suspect or contact premises.
(2) Schedule 2 will continue to apply to premises if they are declared to be infected premises.
(3) The National Assembly must not revoke any notice declaring premises to be suspect premises until it is advised by the Chief Veterinary Officer that he or she no longer suspects infection or contamination there.
(4) The National Assembly must not revoke any notice declaring premises to be contact premises until it is advised by the Chief Veterinary Officer that he or she no longer suspects that disease may have been carried there or from there.
(5) The National Assembly must not revoke any notice declaring premises to be infected until completion of the final cleansing and disinfection measures in paragraphs 15 to 17 of Schedule 1.
Declaration of a temporary control zone
16.
—(1) On declaration of any suspect premises the National Assembly must also declare a temporary control zone around those premises of such size as it considers necessary to prevent the spread of disease.
(2) If the National Assembly is satisfied that an animal or carcase in England or Scotland is suspected of being infected or contaminated, it may declare a temporary control zone in such part of Wales and of such size as it considers necessary to prevent the spread of disease.
(3) An area is to remain a temporary control zone (or part of one) until—
(4) Any amendment or revocation of a declaration creating a temporary control zone must refer to that declaration and state the date and time it is to take effect.
(5) Any premises which are partly inside and partly outside a temporary control zone are deemed to be wholly inside it.
Measures applicable in respect of a temporary control zone
17.
—(1) No person is permitted to move any susceptible animal into or out of a temporary control zone, except where the movement is—
(2) Subject to paragraph (3), when a temporary control zone has been declared no person is permitted to move any susceptible animal from or to premises in the zone except to complete a journey started before the creation of the zone or under the authority of a licence granted by an inspector.
(3) The National Assembly may, if it considers it necessary to prevent the spread of disease, declare that instead of the restriction in paragraph (2) all the following measures apply in a temporary control zone—
(4) The measures in paragraphs (2) and (3) apply—
Supplementary measures in respect of a temporary control zone: straying of susceptible animals
18.
—(1) The keeper of a susceptible animal in a temporary control zone must take all such steps as are necessary to prevent it from straying from the premises on which it is kept.
(2) An inspector may detain any stray or feral susceptible animal found in a temporary control zone.
Declaration of supplementary movement control zone
19.
—(1) When a temporary control zone has been declared, the National Assembly may also declare a supplementary movement control zone of such size as it considers necessary to prevent the spread of disease.
(2) A supplementary movement control zone must include its associated temporary control zone.
(3) An area must remain a supplementary movement control zone (or part of one) until—
(4) Any amendment or revocation of a declaration creating a supplementary movement control zone must refer to that declaration and state the date and time it is to take effect.
(5) Any premises which are partly inside and partly outside a supplementary movement control zone are deemed to be wholly inside it.
(6) A supplementary movement control zone applies in respect of—
Measures applicable in respect of a supplementary movement control zone
20.
—(1) No person is permitted to move any animal in respect of which a supplementary movement control zone applies from or to any premises in such a zone or into or out of such a zone except where the movement is—
(2) Paragraph (1) applies—
(3) Any inspector granting a licence under paragraph (1)(c) must take account of the recommended measures in paragraph 2.1 of Annex VI to the Directive.
and that person must comply with those directions.
Notice of intention to slaughter animals
22.
—(1) Subject to paragraph (2), before causing the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act, the National Assembly must serve notice of its intention to cause such slaughter—
(2) This article does not apply where the National Assembly intends to cause slaughter of a stray or feral animal detained by an inspector under article 18(2) or under paragraph 2(2) of Schedule 4 or paragraph 5(2) of Schedule 6.
Sampling and clinical examination of susceptible animals before slaughter
23.
Where the National Assembly serves notice of its intention to cause slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act, it must ensure that any sampling and clinical examination it considers necessary to carry out the veterinary inquiry in article 12 is undertaken before, or immediately following, slaughter.
Place of slaughter
24.
—(1) This article applies where the National Assembly serves notice of its intention to cause slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act.
(2) Where the animals to be slaughtered are on premises slaughter must take place there without delay except where—
in which cases the National Assembly may direct that slaughter be carried out at another place it considers satisfactory for the purpose of preventing the spread of disease.
(3) Where the animals to be slaughtered are in transit, they must be transported to another place at the direction of the National Assembly as soon as is reasonably practicable.
(4) In directing transport to another place under this article the National Assembly must grant a licence under paragraphs 4(6), 7(d) and 10(b) of Schedule 2 authorising movement of the animals, persons or vehicles necessary for that action.
Slaughter: control of carcases
25.
—(1) This article applies to premises where the National Assembly has caused slaughter under paragraph 2A or 3 of Schedule 3 to the Act.
(2) No person is permitted to move any carcase of a susceptible animal from premises to which this article applies except for disposal and under the authority of a licence granted by the National Assembly.
Slaughter: control of faecal material
26.
—(1) This article applies to premises where the National Assembly has caused slaughter under paragraph 2A or 3 of Schedule 3 to the Act.
(2) No person is permitted move any dung, manure, slurry or litter of susceptible animals from premises to which this article applies except—
Slaughter: isolation of things liable to spread disease
27.
—(1) This article applies to the occupier of—
(2) Subject to paragraph (3) a person to whom this article applies must isolate all milk, milk products, meat, meat products, carcases, hides and skins, wool, semen, embryos, ova, slurry, manure, animal feed and litter on the premises from any animal until—
(3) Paragraph (2) does not apply to milk on free units where this is authorised by a licence granted by the National Assembly and such licence must contain terms requiring that—
Slaughter: cleansing and disinfection of premises other than slaughterhouses and border inspection posts
28.
—(1) This article applies to any premises, other than a slaughterhouse or border inspection post, to which article 27 applies after disposal of all carcases in accordance with article 25, and isolation of the items referred to in article 27(2).
(2) The National Assembly must ensure that the following parts of premises to which this article applies are cleansed and disinfected in accordance with Schedule 1—
Slaughter: cleansing and disinfection of slaughterhouses and border inspection posts
29.
—(1) This article applies to a slaughterhouse or border inspection post where the National Assembly has caused slaughter under paragraph 2A or 3 of Schedule 3 to the Act, after the disposal of all carcases in accordance with article 25 and, if article 26(2)(a) applies, removal for disposal of the items referred to in that paragraph.
(2) The National Assembly must ensure that—
Restocking of premises following slaughter
30.
—(1) This article applies to any premises where the National Assembly has caused slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act.
(2) No person is permitted to restock premises to which this article applies except under the authority of a licence granted by the National Assembly and in accordance with Schedule 8.
(3) No licence is to be granted allowing re-stocking to commence—
Declaration of protection and surveillance zones on confirmation of the disease in Wales
31.
—(1) The National Assembly must, on confirmation by the Chief Veterinary Officer of the disease on premises in Wales, other than—
declare a protection zone and an associated surveillance zone, each of such size as it considers necessary so as to prevent the spread disease.
(2) The National Assembly may, on confirmation by the Chief Veterinary Officer of disease—
declare a protection zone and an associated surveillance zone, each of such size as it considers necessary to prevent the spread of disease.
(3) A declaration under this article must designate—
Declaration of protection and surveillance zones on confirmation of the disease in England or Scotland
32.
—(1) This article applies if the National Assembly is satisfied that disease is present in England or Scotland.
(2) If the National Assembly is satisfied that disease is present on premises (other than a slaughterhouse or border inspection post) in England—
(3) If the National Assembly is satisfied that disease is present at—
it may declare a protection zone, a surveillance zone, or both, in Wales.
(4) A protection or surveillance zone declared under this article is to be in such part of Wales and of such size as the National Assembly considers necessary so as to prevent the spread of disease.
(5) Where disease has been confirmed in England a declaration under this article must designate the extent of any protection or surveillance zone declared and the National Assembly must ensure that—
Protection and surveillance zones: general provisions
33.
—(1) Any premises which are partly inside and partly outside a protection zone are deemed to be wholly inside that zone.
(2) Any premises which are partly inside and partly outside a surveillance zone are deemed to be wholly inside that zone (except premises which are also partly inside a protection zone).
(3) Any protection zone or surveillance zone is an infected area for the purposes of the Act.
Measures applicable in respect of protection and surveillance zones
34.
—(1) The measures in Parts 1 and 2 of Schedule 4 apply in respect of a protection zone and those in Parts 1 and 3 of Schedule 4 apply in respect of a surveillance zone.
(2) The National Assembly may declare that any other measure it considers necessary so as to prevent the spread of disease is to apply in respect of the whole or any part of any protection or surveillance zone and any such measure will then apply in respect of that protection or surveillance zone or that part of it.
(3) The National Assembly must take into account the recommended measures in paragraph 2.2 of Annex VI to the Directive before restricting the movement of horses in a surveillance zone by a declaration under paragraph (2).
Veterinary inspection of premises in protection and surveillance zones
35.
—(1) The National Assembly must ensure that every premises within a protection zone or a surveillance zone where susceptible animals are kept is inspected by a veterinary inspector as regularly as it considers necessary to prevent spread of disease.
(2) A veterinary officer inspecting premises under this article must ensure that the inspection includes—
Power to prohibit entry to land or agricultural buildings in a protection zone
36.
—(1) Subject to paragraph (2), and with the prior written consent of the National Assembly, an inspector may, notwithstanding the existence of any public footpath or other right of way, prohibit the entry of any person—
in a protection zone by causing a notice to that effect to be displayed at every entrance to that land or building.
(2) No person is permitted to enter any land or building in respect of which a notice is displayed under paragraph (1) other than—
(3) No person is permitted to remove or alter a notice displayed under this article except at the direction of an inspector.
(4) Any prohibition on entry to land or buildings imposed under this article is revoked by termination of the protection zone.
(5) Any prohibition on entry to land or buildings imposed under this article may be revoked in whole or in part by—
Termination of protection and surveillance zones
37.
—(1) The National Assembly may, where it is satisfied that the conditions in paragraph (2) are met, declare the termination of a protection zone.
(2) The conditions for termination of a protection zone are—
(3) On termination of any protection zone, the area within its boundaries will become part of the associated surveillance zone.
(4) The National Assembly may, where it is satisfied that the conditions in paragraph (5) are met, declare the termination of a surveillance zone.
(5) The conditions for termination of a surveillance zone are—
(6) A declaration under this article must refer to the declaration creating the protection and surveillance zones and specify the date and time the protection zone or surveillance zone is to terminate.
(7) In this article, "preliminary cleansing and disinfection" means cleansing and disinfection required by article 28 or 29, undertaken in accordance with paragraphs 12 and 13 of Schedule 1 and ending 24 hours after the application of disinfectant.
Declaration of restricted zone
38.
—(1) Without prejudice to paragraph (2) the National Assembly may, on confirmation by the Chief Veterinary Officer of the disease on premises in Great Britain, declare a restricted zone in such part of Wales and of such size as it considers necessary to prevent the spread of disease.
(2) The National Assembly must declare a restricted zone in Wales if the Chief Veterinary Officer advises it that in his or her opinion disease has become extensive in Great Britain and the declaration of such a zone would prevent its spread.
(3) A restricted zone must remain in effect until—
(4) Any premises which are partly inside and partly outside a restricted zone are deemed to be wholly inside that zone except premises which are also partly inside—
Measures applicable in respect of a restricted zone
39.
—(1) The measures in Schedule 6 apply in respect of a restricted zone but without prejudice to any requirements or restriction applying in any part of it because that part falls within a zone listed in paragraph 38(4).
(2) The National Assembly may declare that any other measure it considers necessary so as to prevent the spread of disease applies in respect of the whole or any part of any restricted zone and any such measure will then apply in respect of that restricted zone or that part of it.
Presence of the disease in wild animals and declaration of a wild animal infected zone
40.
—(1) The National Assembly must, on confirmation of the disease in any wild animal in Wales, declare a wild animal infected zone in Wales.
(2) The National Assembly may, if it is satisfied that disease is present in a wild animal in England or Scotland, declare a wild animal infected zone in Wales.
(3) A wild animal infected zone may be declared in such part of Wales and of such size as the National Assembly considers necessary to prevent the spread of disease.
(4) A wild animal infected zone must remain in effect until—
(5) Any premises which are partly inside and partly outside a wild animal infected zone are deemed to be wholly inside that zone.
(6) Any wild animal infected zone is an infected area for the purposes of the Act.
Measures applicable in a wild animal infected zone
41.
—(1) The measures in Schedule 7 apply in respect of a wild animal infected zone but without prejudice to any measures applying in any part of it because that part falls within—
(2) The National Assembly may declare that any other measure it considers necessary so as to prevent the spread of disease applies in respect of the whole or any part of any wild animal infected zone and any such measure will then apply in respect of that wild animal infected zone or part of it.
(3) Where this sub-paragraph applies, no person is permitted to unload susceptible animals at premises to which they are moved unless that person first gives the movement licence issued in respect of those susceptible animals to the occupier of those premises.
(4) Where this sub-paragraph applies, the occupier of any premises to which susceptible animals are moved must—
Premises keeping animals of special value
43.
—(1) This article applies to the following premises—
(c) other premises where susceptible animals are kept for scientific purposes or purposes related to conservation of species or farm animal genetic resources.
(2) The National Assembly must take such steps as it considers necessary to prevent the spread of disease to premises to which this article applies.
(3) In taking such steps, the National Assembly may—
Duty of the local authority to erect signs
44.
The local authority must ensure that the boundaries of the following zones 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—
Cleansing and disinfection of vehicles transporting susceptible animals
45.
—(1) Where cleansing and disinfection of any vehicle in accordance with this article is required, it must be carried out in accordance with Schedule 2 to the Transport of Animals (Cleansing and Disinfection) (Wales) (No. 3) Order 2003[13] and with any additional directions an inspector imposes by serving a notice on the person in charge of the vehicle.
(2) Such cleansing and disinfection must be undertaken—
Cleansing and disinfection of vehicles: provision of facilities, equipment and materials
46.
Where cleansing and disinfection of vehicles is required at any premises by or under this Order the occupier of those premises must provide adequate facilities and proper equipment and materials for that cleansing and disinfection.
Marks applied under this Order
47.
No person is permitted to obscure or erase a mark applied to any animal, carcase, animal product, vehicle or other thing under this Order unless—
Change of occupation of premises under restriction
48.
—(1) This article applies if the keeper of any animal or poultry is unable to move it from premises on the termination of his or her right of occupation because of a restriction imposed by or under this Order and continues to apply for 7 days after the last restriction is removed.
(2) Where this article applies, the person entitled to occupation of the premises on that termination must—
(3) If the keeper is unable or unwilling to feed or tend the animal or poultry, the person entitled to occupation of the premises must take such steps as are necessary to ensure it is properly fed and tended.
(4) The keeper of the animal or poultry is liable to pay the reasonable costs incurred under this article by any person feeding or tending any animal or poultry, or providing facilities for feeding, tending or otherwise using it.
Reasonable assistance
49.
Any person required to give reasonable assistance or information to a person acting in the execution of this Order for the performance of his or her functions under it must, unless he or she has reasonable cause, do so without delay.
False information
50.
No person is to furnish information which he or she knows to be false or misleading to a person acting in the execution of this Order.
Compliance with notices and directions
51.
—(1) Any notice served under this Order must 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 this Order must be complied with at the expense of the person to whom it is given, except where otherwise provided in a written direction of the National Assembly.
Production of records
52.
—(1) Any person required to produce a record by a person acting in the execution of this Order must do so without delay.
(2) On such production, a person acting in the execution of this Order may—
(3) A person removing records under this article must give a written receipt for them.
Retention of records
53.
Any person making a record required by this Order must retain it for the following period—
three years after the requirement to maintain records in the relevant paragraph ceases to have effect in relation to the premises.
Designated areas and periods for the inspection of vehicles
54.
The following are designated for the purposes of section 65A of the Act (inspection of vehicles)—
General powers of veterinary inspectors to take action to prevent the spread of disease
55.
—(1) This article applies—
(b) on any premises subject to restriction under this Order, that is to say—
(2) Where this article applies, a veterinary inspector may, if he or she considers it necessary to prevent the spread of disease require—
(3) A notice under this article may contain such directions and conditions as the person serving it considers necessary to prevent the spread of disease.
(4) The powers conferred on a veterinary inspector by this article are without prejudice to powers conferred by any other provision of this Order.
Powers of inspectors in case of default
56.
—(1) Where a person fails to comply with a requirement imposed by or under this Order an inspector may take any steps he or she considers necessary to ensure the requirement is met.
(2) Where a person acts in contravention of a requirement imposed by or under this Order an inspector may take any steps he or she 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 this Order.
(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) Any steps taken under this article are without prejudice to proceedings for an offence arising out of the default.
(6) The person in default must reimburse any reasonable expenses incurred by the National Assembly or the local authority in taking such steps and any such reimbursement is recoverable summarily.
Offences by bodies corporate
57.
—(1) Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—
he or she as well as the body corporate, will be guilty of an offence and be liable to be proceeded against and punished accordingly.
(2) For the purposes of paragraph (1), "director" in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Offences: no knowledge of restriction or requirement
58.
No person is guilty of failing to comply with a restriction or requirement which applies because of the declaration of—
if he or she shows to the court's satisfaction that he or she did not know of that restriction or requirement and that he or she could not with reasonable diligence have obtained knowledge of it.
Enforcement
59.
—(1) Subject to paragraphs (2) and (3), this Order is to be enforced by the local authority.
(2) This Order is to be enforced in relation to slaughterhouses by the National Assembly.
(3) The National Assembly may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this Order is to be discharged by the National Assembly and not by the local authority.
Amendment to the Disease Control (Wales) Order 2003
62.
In the Disease Control (Wales) Order 2003[16], for article 3 substitute—
Revocations
63.
The Orders listed in Schedule 9 are revoked to the extent specified in that Schedule.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[17].
D. Elis-Thomas
The Presiding Officer of the National Assembly
31 January 2006
15.
Disinfectant must not be removed for at least 24 hours after application.
Final cleansing and disinfection of infected premises
16.
Grease and dirt must be removed from all surfaces by the application of a degreasing agent and washed with water or steam.
17.
Following degreasing and washing with water or steam, disinfectant must be reapplied.
18.
At least seven days after the reapplication of disinfectant, the operations in paragraphs 16 and 17 must be repeated, followed by final washing with water or steam.
(2) Records must be kept in a form approved for the purpose by the National Assembly.
(3) The occupier must maintain the records kept under paragraph (1)(a) and (1)(b) by updating them within 24 hours of any change.
(4) This paragraph does not apply to any person subject to paragraphs 1 of Schedule 4.
Signs publicising infection or suspicion
2.
The occupier must ensure that—
Isolation, removal and detention of susceptible animals
3.
—(1) The occupier must ensure that susceptible animals are isolated from persons not attending them and from non-susceptible animals.
(2) On service of a notice by an inspector requiring it the occupier must—
and detain that animal or those animals on such other part of the premises as is specified.
(3) No person is permitted to move any animal isolated or detained under a notice served under sub-paragraph (2) except under the authority of a licence granted by an inspector.
Movement of susceptible animals
4.
—(1) Subject to this paragraph no person is permitted to move any susceptible animal from or to the premises.
(2) The prohibition in sub-paragraph (1) does not apply to susceptible animals leaving contact premises (other than contact premises in a temporary control zone)—
(3) An inspector is not permitted to grant a licence under sub-paragraph (2)(b) unless he or she is satisfied that the animals to be moved have been clinically examined by a veterinary inspector with a negative result and the slaughterhouse is the nearest slaughterhouse to the premises with capacity to slaughter the animals.
(4) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2)(b) must ensure that it is cleansed and disinfected without delay in accordance with article 45.
(5) The prohibition in sub-paragraph (1) does not apply to animals entering or leaving free units (other than free units in a temporary control zone).
(6) The prohibition in sub-paragraph (1) does not apply to the movement of animals leaving infected premises for slaughter under the authority of a licence granted by the National Assembly.
(7) The prohibition in sub-paragraph (1) does not apply to movement from one part of premises to another part of the same premises using an intervening public highway under the authority of a licence granted by a veterinary inspector or by an inspector at the direction of a veterinary inspector.
Movement of things liable to spread disease
5.
—(1) Subject to the provisions of this paragraph, no person is to move from the premises any meat, carcase, meat product, milk, milk product, semen, ovum or embryo of a susceptible animal.
(2) Where the National Assembly is satisfied that it is not reasonable to require milk to be kept on the premises, it may—
(3) Transport of milk under the authority of a licence granted under sub-paragraph (2)(b) must be carried out in a vehicle which an inspector is satisfied is equipped to ensure that there is no risk of spreading disease.
(4) If the National Assembly grants a licence under sub-paragraph (2)(b), it must serve a notice on the person in charge of the premises to which milk is transported directing the method of disposal or treatment.
Movement of fodder, etc.
6.
No person is permitted to move from the premises any fodder, utensils, wool, hide or skins, bristles, animal waste, slurry, manure or any other thing liable to spread disease except under the authority of a licence granted by the National Assembly.
Movement of persons on to or off the premises
7.
No person is permitted to enter or leave the premises unless—
Cleansing and disinfection of clothing, etc.
8.
—(1) No person is permitted to enter or leave the premises—
(2) No person is permitted to enter any part of the premises—
unless wearing clothing and footwear approved by an inspector.
(3) No person is permitted to leave any such part of the premises without having cleansed his or her hands to the satisfaction of an inspector and having either—
(4) A notice under sub-paragraph (3)(b) shall specify the required method of laundering, cleansing and disinfection or disposal.
Disinfection
9.
—(1) The occupier must provide and renew such clean water and means of disinfection as an inspector directs at every entrance to the premises and at every entrance to a building where susceptible animals are kept.
(2) The occupier must ensure that any slurry or shed washings are disinfected in accordance with the directions of an inspector before they are permitted to drain or escape from any part of the premises where an infected animal or an animal suspected of being infected or contaminated is or has been kept.
Movement of vehicles on to or off the premises
10.
No person is permitted to move any vehicle on to or off the premises unless—
Movement of non-susceptible animals
11.
No person is permitted to move from the premises any non-susceptible animal except under the authority of a licence granted by the National Assembly.
Control of rodents
12.
The occupier must take steps to destroy any rats, mice and other rodents on the premises so far as this is possible.
(2) Records must be kept in a form approved for the purpose by the National Assembly.
(3) The occupier must maintain the records kept under paragraph 4 and (1)(b) by updating them within 24 hours of any change.
Straying of susceptible animals
2.
—(1) The keeper of a susceptible animal in a protection zone or surveillance zone must take all such steps as are necessary to prevent it from straying from the premises on which it is kept.
(2) An inspector may detain any stray or feral susceptible animal found in a protection zone or a surveillance zone.
Control of dogs and poultry in protection and surveillance zones
3.
—(1) The owner of any dog in a protection zone or surveillance zone must keep it under control by—
(2) An inspector may seize any dog which is not kept under control in accordance with sub-paragraph (1) and deal with it as if it was a dog seized under the powers conferred by section 149 of the Environmental Protection Act 1990[18].
(3) An inspector may, if he or she considers that any dog or poultry is not under control, by notice served on the occupier of the premises where it is kept, require him or her to keep that dog or poultry under control, or to confine it to the part of the premises specified in the notice.
Shearing or dipping sheep in a protection zone or surveillance zone
4.
—(1) Subject to the sub paragraph (2), no person is permitted to—
in a protection zone or surveillance zone except under the authority of a licence granted by an inspector.
(2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his or her employees (other than any person employed by him or her primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.
(3) In this article—
Ultrasound scanning of sheep in a protection or surveillance zone
5.
—(1) Subject to sub-paragraph (2), no person is permitted to carry out ultrasound scanning of sheep in a protection zone or surveillance zone except under the authority of a licence granted by an inspector.
(2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his or her employees (other than any person employed by him primarily for the purpose of carrying out ultrasound scanning of sheep) in respect of the carrying out of ultrasound scanning of sheep kept on those premises using ultrasound scanning equipment of which the occupier is the owner or person in charge.
Semen, ova and embryos collected in a protection or surveillance zone
6.
—(1) This paragraph applies to semen, ova and embryos collected from susceptible animals originating in a protection zone or a surveillance zone.
(2) No person is permitted sell or consign for sale any animal product to which this paragraph applies unless it complies with sub-paragraph (3) or sub-paragraph (4).
(3) Semen, ova and embryos comply with this sub-paragraph if they satisfy the following requirements—
(4) Semen complies with this sub-paragraph if it satisfies the following requirements—
Hides and skins of susceptible animals originating in a protection or surveillance zone
7.
—(1) This paragraph applies to hides and skins of susceptible animals originating in a protection zone or surveillance zone.
(2) No person is permitted to sell or consign for sale any animal product to which this paragraph applies unless either—
(b) it has been treated so that it falls within paragraph 2 of Schedule 5.
Wool, ruminant hair and pig bristles from animals originating in a protection or surveillance zone
8.
—(1) This paragraph applies to wool, ruminant hair and pig bristles from animals originating in a protection zone or a surveillance zone.
(2) No person is permitted to sell or consign for sale any animal product to which this paragraph applies unless either—
(b) it has been treated so that it falls within paragraph 3 of Schedule 5.
Other animal products produced in a protection zone or a surveillance zone or from animals originating in such a zone
9.
—(1) This paragraph applies to any animal product to which the other paragraphs in this Schedule do not apply if it is produced—
(2) No person is permitted to sell or consign for sale an animal product to which this paragraph applies unless it satisfies one of the following requirements—
(b) it has been treated so that it falls within paragraph 4 of Schedule 5;
(c) where it is referred to in one of paragraphs 5 to 9 of Schedule 5, it has been treated so that it falls within that paragraph;
(d) it is 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—
(e) it is a packaged product ready for use—
(3) No inspector is permitted to grant a licence under sub-paragraph (2) unless he or she is satisfied that—
(4) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2) must ensure that it is cleansed and disinfected in accordance with article 45.
(5) The prohibition in sub-paragraph (1) does not apply to the movement of animals leaving infected premises for slaughter under the authority of a licence granted under sub-paragraph 4(6) of Schedule 2.
(6) The prohibition in sub-paragraph (1) does not apply to movement from one part of premises to another part of the same premises using an intervening public highway under the authority of a licence granted by a veterinary inspector or by an inspector at the direction of a veterinary inspector.
Movement of non-susceptible animals from or to premises in a protection zone where susceptible animals are kept
11.
—(1) Subject to the provisions of this paragraph, no person is permitted to move any non-susceptible animal from or to premises in a protection zone where susceptible animals are kept.
(2) The prohibition in sub-paragraph (1) does not apply to—
(3) Any inspector granting a licence under sub-paragraph (2)(b) must take account of the recommended measures in paragraph 2.2 of Annex VI to the Directive.
Movement of animals into or out of a protection zone
12.
—(1) Subject to the provisions of this paragraph, no person is permitted to move any animal into or out of a protection zone.
(2) The prohibition in sub-paragraph (1) does not apply to—
(3) Any inspector granting a licence under sub-paragraph (2)(c) must take account of the recommended measures in paragraph 2.2 of Annex VI to the Directive.
(4) A licence granted under sub-paragraph 2(e) must—
(5) The person in charge of any vehicle used to transport animals under the authority of a licence granted under sub-paragraph (2)(e) must ensure that—
Movement of vehicles from premises in a protection zone where susceptible animals are kept
13.
No person is permitted to move any vehicle designed or adapted for the transport of animals from premises in a protection zone where susceptible animals are kept except under the authority of a licence granted by an inspector.
Control of animal gatherings in a protection zone
14.
No person is permitted to hold any animal gathering in a protection zone.
Control of gatherings of people in a protection zone
15.
—(1) No person is permitted to hold or take part in the following activities in a protection zone—
(2) Where holding any recreational or sporting activity may, in the opinion of the National Assembly, spread disease, it may prohibit it by serving a notice on the person responsible for the activity.
(3) In this paragraph "falconry" means the use of birds of the order Falconiformae to hunt for game or other wildlife.
Breeding in a protection zone
16.
—(1) No person is permitted to carry out breeding of susceptible animals by means of itinerant service in a protection zone.
(2) No person is permitted to carry out artificial insemination of animals or collect any embryo or ovum in a protection zone except in compliance with sub-paragraph (3) or (4).
(3) Artificial insemination of a susceptible animal complies with this sub-paragraph if it satisfies the following requirements—
(4) Artificial insemination of a non-susceptible animal or the collection of embryos, or ova from such an animal complies with this sub-paragraph if—
Slaughter for private consumption in a protection zone
17.
No person is permitted to slaughter a susceptible animal on premises in a protection zone for private consumption on those premises.
Transport of fodder in a protection zone
18.
No person is permitted to transport fodder to premises in a protection zone where susceptible animals are kept except under the authority of a licence granted by an inspector.
Sale of fodder originating in a protection zone
19.
No person is permitted to sell or consign for sale fodder produced in a protection zone unless it satisfies one of the following requirements—
(b) it is authorised for sale in that protection zone by a licence granted by an inspector;
(c) it was produced on premises where no susceptible animals are kept using raw materials also produced on such premises or raw materials produced outside the protection zone;
(d) it is straw or forage falling within paragraph 10 of Schedule 5.
Transport, treatment and spreading of dung and manure produced in a protection zone
20.
—(1) This paragraph applies to dung or manure—
(2) No person is permitted to transport dung or manure to which this paragraph applies unless such transport complies with sub-paragraph (3) or (5), and with sub-paragraph (6).
(3) Transport of dung or manure complies with this sub-paragraph where it is to an establishment for treatment to destroy the disease virus and under the authority of a licence granted by an inspector.
(4) The occupier of premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) must ensure that it is treated in accordance with point 5 of Section II in Part A Chapter III of Annex VIII to Regulation (EC) No 1774/2002[19].
(5) Transport of dung or manure for spreading complies with this sub-paragraph if it satisfies the following requirements—
(6) Transport of dung or manure complies with this sub-paragraph if it is carried out in vehicles which are—
(7) After transporting dung or manure under this paragraph, the person in charge of the vehicle must ensure it is cleansed and disinfected after unloading or spreading and before leaving the premises of destination.
(8) The person in charge of a vehicle to be cleansed and disinfected so as to comply with sub-paragraph (6) or with sub-paragraph (7) must ensure that such cleansing and disinfection is carried out so that—
(9) No person is permitted to spread dung or manure to which this paragraph applies unless such spreading is authorised by a licence granted by an inspector and—
(10) Any licence granted under sub-paragraph (9) must contain at least the following terms—
Fresh meat etc. derived from susceptible animals originating in a protection zone
21.
—(1) This paragraph applies to fresh meat, minced meat and mechanically separated meat derived from susceptible animals originating in a protection zone.
(2) No person is permitted to sell or consign for sale meat to which this paragraph applies or move such meat out of a protection zone unless—
Fresh meat etc. produced on premises in a protection zone
22.
—(1) This paragraph applies to fresh meat, minced meat and mechanically separated meat derived from susceptible animals and produced on premises in a protection zone.
(2) No person is permitted to sell or consign for sale meat to which this paragraph applies or move such meat out of a protection zone unless it has been produced in an establishment which—
(3) Meat falls within this sub-paragraph if—
(b) it is health or identification marked.
Meat products produced from meat derived from susceptible animals originating in a protection zone
23.
—(1) This paragraph applies to meat products produced from meat derived from susceptible animals originating in a protection zone.
(2) No person is permitted to sell or consign for sale any meat product to which this paragraph applies unless—
Milk and milk products produced from susceptible animals originating in a protection zone or on premises in a protection zone
24.
—(1) No person is permitted to sell or consign for sale the milk of a susceptible animal originating in a protection zone or any milk product produced from such milk unless it complies with sub-paragraph (2) or (3).
(2) Milk and milk products comply with this sub-paragraph if—
(3) Milk and milk products comply with this sub-paragraph if—
(4) No person is permitted to sell or consign for sale the milk of a susceptible animal produced on premises in the protection zone or any milk product produced from such milk unless—
(5) Transport of raw milk complies with this sub-paragraph if—
(6) Premises comply with this sub-paragraph if they satisfy the following requirements—
(c) milk on the premises and leaving the premises is clearly identified as eligible for sale outside the protection zone 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 and milk products produced in a protection zone
25.
—(1) No person is permitted to collect and transport milk produced on premises in a protection zone where susceptible animals are kept out of that protection zone or process any such milk 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—
(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—
(4) A licence granted under sub-paragraph 2(b) must specify the route to be taken and must include a condition prohibiting the vehicle 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) must ensure that—
(6) No person is permitted to process milk transported to a laboratory under this paragraph except under the authority of a licence granted by an inspector.
(3) An inspector is not permitted to grant a licence under sub-paragraph (2) unless he or she is satisfied that—
(4) The prohibition in sub-paragraph (1) does not apply to transport of susceptible animals for slaughter under the terms of a licence granted by an inspector—
(5) An inspector is not permitted to grant a licence under sub-paragraph (4) unless he or she is satisfied that—
(6) An inspector is not permitted to grant a licence under sub-paragraph (4)(a) unless he or she is also satisfied that—
(7) A licence granted under sub-paragraph (2) or (4) may permit transport through the associated protection zone and in such case must include a condition requiring that the vehicle travels through that protection zone without stopping.
(8) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2) or (4) must ensure that it is cleansed and disinfected in accordance with article 45.
(9) The prohibition in sub-paragraph (1) does not apply to the leading of susceptible animals to pasture in that surveillance zone under the authority of a licence granted by an inspector.
(10) An inspector is not permitted to grant a licence under sub-paragraph (9) unless—
(11) The prohibition in sub-paragraph (1) does not apply to movement from one part of premises to another part of the same premises using an intervening public highway under the authority of a licence granted by a veterinary inspector or by an inspector at the direction of a veterinary inspector.
Control of animal gatherings and gatherings of people in a surveillance zone
27.
—(1) No person is permitted to—
except under the authority of a licence granted by the National Assembly.
(2) Subject to sub-paragraph (3), no person is permitted hold or take part in the following activities in a surveillance zone—
except under the authority of a licence granted by the National Assembly.
(3) Nothing in sub-paragraph (2) makes it unlawful for the occupier of any land, members of his or her household, persons employed by him as beaters and any member of a shooting party of not more than three persons authorised by him or her to shoot deer found on that land.
Fresh meat etc. derived from susceptible animals originating in a surveillance zone
28.
—(1) This paragraph applies to fresh meat, minced meat and mechanically separated meat derived from susceptible animals originating in a surveillance zone.
(2) No person is permitted to sell or consign for sale meat to which this paragraph applies or move such meat out of a surveillance zone unless—
(3) Meat falls within this sub-paragraph if it satisfies the following requirements—
(4) Meat complies with this sub-paragraph if it is from ruminants and has been deboned so that it falls within paragraph 11 of Schedule 5 and matured so that it falls within paragraph 12 of Schedule 5.
(5) Meat complies with this sub-paragraph if—
(6) Meat complies with this sub-paragraph if—
(7) Meat falls within this sub-paragraph if—
Fresh meat etc. produced on premises in a surveillance zone
29.
—(1) This paragraph applies to fresh meat, minced meat and mechanically separated meat derived from susceptible animals and produced on premises in a surveillance zone.
(2) No person is permitted to sell or consign for sale meat to which this paragraph applies or move such meat out of a surveillance zone unless it has been produced in an establishment which—
(3) Meat falls within this sub-paragraph if—
(b) it is health or identification marked.
Meat products produced from meat derived from susceptible animals originating in a surveillance zone or produced on premises in a surveillance zone
30.
—(1) This paragraph applies to meat products—
(2) No person is permitted to sell or consign for sale any product to which this paragraph applies or move any such product out of a surveillance zone unless it complies with sub-paragraph (3) or sub-paragraph (4).
(3) Meat products comply with this sub-paragraph if they are produced from fresh meat, minced meat or mechanically separated meat which was—
(4) Meat products comply with this sub-paragraph if they are produced in an establishment which—
Milk and milk products produced from susceptible animals originating in a surveillance zone or on premises in a surveillance zone
31.
—(1) No person is permitted to sell or consign for sale the milk of a susceptible animal originating in a surveillance zone or any milk product produced from such milk unless it complies with sub-paragraph (2) or (3).
(2) Milk and milk products comply with this sub-paragraph if—
(3) Milk and milk products comply with this sub-paragraph if—
(4) No person is permitted to sell or consign for sale the milk of a susceptible animal produced on premises in a surveillance zone or any milk product produced from such milk unless—
(5) Transport of raw milk complies with this sub-paragraph if—
(6) Premises comply with this sub-paragraph if they satisfy the following requirements—
(c) milk on the premises and leaving the premises is clearly identified as eligible for sale outside the surveillance zone and is at all times stored and transported separately from milk and milk products which are not so eligible.
Collection, transport and processing of raw milk produced in a surveillance zone
32.
—(1) No person is permitted to collect and transport raw milk produced on premises in a surveillance zone where susceptible animals are kept out of that surveillance zone or process any such milk 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—
(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—
(4) A licence granted under sub-paragraph (2)(b) must specify the route to be taken and must include a condition prohibiting the vehicle 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) must ensure that—
(6) No person is permitted to process milk transported under this paragraph except under the authority of a licence granted by an inspector.
Transport, treatment and spreading of dung and manure produced in a surveillance zone
33.
—(1) This paragraph applies to dung or manure—
(2) No person is permitted to 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 and under the authority of a licence granted by the National Assembly.
(4) The occupier of any premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) must ensure that it is treated in accordance with point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No 1774/2002[22].
(5) Transport of dung or manure complies with this sub-paragraph if—
(6) No person is permitted to spread dung or manure transported by authority of a licence granted under sub-paragraph (5) unless such spreading is authorised by a licence granted by an inspector and the dung or manure—
(7) Transport of dung or manure complies with this sub-paragraph if—
(8) No person is permitted to 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 (6) or (8) must contain at least the following terms—
(10) Transport of dung or manure complies with this sub-paragraph if it is carried out in a vehicle which is—
(11) After transporting dung or manure under this paragraph, the person in charge of the vehicle must 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 so as to comply with sub-paragraph (10) or sub-paragraph (11) must ensure that such cleansing and disinfection is carried out so that—
(e) heat treatment ensuring a core temperature of at least 65°C is reached for the time necessary to achieve a pasteurisation value equal to or more than 40.
Hides and skins
2.
Hides and skins fall within this paragraph if they comply with the requirements in article 20 of and points A(2)(c) or (d) of Chapter VI of Annex VIII to Regulation (EC) No. 1774/2002.
Wool, ruminant hair and pig bristles
3.
Wool, ruminant hair and pig bristles fall within this paragraph if they comply with the requirements of article 20 of and point A(1) of Chapter VIII to Regulation (EC) No. 1774/2002.
Products derived from susceptible animals
4.
Products derived from susceptible animals fall within this paragraph if they have undergone one of the following treatments—
Blood and blood products
5.
Blood and blood products of susceptible animals fall within this paragraph if they are used for technical purposes (including pharmaceuticals, in vitro diagnostics and laboratory reagents) and have undergone any of the treatments referred to in point B(3)(e)(ii) of Chapter IV of Annex VIII to Regulation (EC) No. 1774/2002.
Lard and rendered fats
6.
Lard and rendered fats fall within this paragraph if they have undergone the heat treatment referred to in point B(2)(d)(iv) of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002.
Petfood and dog chews
7.
Petfood and dog chews fall within this paragraph if they comply with the requirements of points B(2), (3) or (4) of Chapter II of Annex VIII to Regulation (EC) No. 1774/2002.
Game trophies of ungulates
8.
Game trophies of ungulates fall within this paragraph if they comply with the requirements of points A(1), (3) or (4) of Chapter VII of Annex VIII to Regulation (EC) No. 1774/2002.
Animal casings
9.
Animal casings fall within this paragraph if they have been cleaned, scraped and either salted with sodium chloride for 30 days or bleached or dried after scraping and were protected from recontamination after treatment.
(b) been stored in packages or bales under shelter at premises situated not closer than 2 kilometres to the nearest infected premises and kept at such premises until at least three months have elapsed following the completion of all cleansing and disinfection in the protection zone surrounding the nearest infected premises (and in any case not before that protection zone has been terminated).
(2) Milk products for human consumption fall within this paragraph if they are produced from milk which has undergone one of the treatments in sub-paragraph (1).
Milk and milk products not intended for human consumption
14.
—(1) Milk and milk products not intended for human consumption (including whey intended for susceptible animals) fall within this paragraph if they have undergone one of the following treatments—
(c) High Temperature Short Time pasteurisation, applied twice, at 72°C for at least 15 seconds or any other pasteurisation treatment which achieves a negative reaction to a phosphatase test;
(d) High Temperature Short Time pasteurisation at 72°C for at least 15 seconds or any other pastuerisation treatment which achieves a negative reaction to a phosphatase test and either—
(2) Milk products not for human consumption (other than whey intended for susceptible animals) fall within this paragraph if they are produced from milk which has undergone one of the treatments in sub-paragraph (1).
(3) Whey intended for susceptible animals falls within this paragraph if it is—
except under the authority of a licence granted by an inspector.
(2) The person in charge of any vehicle used to move susceptible animals under such a licence must ensure that it is cleansed and disinfected in accordance with article 45.
(3) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone, surveillance zone or vaccination zone.
Slaughter of susceptible animals in a restricted zone
2.
Where a susceptible animal is moved to a slaughterhouse in a restricted zone, the occupier of the slaughterhouse must ensure that it is slaughtered in accordance with any directions given by an inspector and in any case within 24 hours of arrival.
Control of products from slaughterhouses in a restricted zone
3.
—(1) No person is permitted to move any carcase or animal product (unless intended for human consumption) or any manure, slurry or litter from a slaughterhouse in a restricted zone except—
(2) Any person transporting any thing under the authority of a licence granted under sub-paragraph (1)(b) must—
(3) The occupier of premises to which any carcase or animal product is moved under this paragraph must ensure that it is not brought into contact with, or fed to, any susceptible animal.
Control of carcases in a restricted zone
4.
—(1) No person is permitted to move any carcase of a susceptible animal (other than the carcase of an animal slaughtered for human consumption or the carcase of an animal suspected of BSE or scrapie intended for disposal) from premises in a restricted zone other than a slaughterhouse except under the authority of a licence granted by an inspector.
(2) The carcase of a deer which has been culled must not be considered to have been slaughtered for human consumption.
Straying of susceptible animals in a restricted zone
5.
—(1) The keeper of a susceptible animal in a restricted zone must take all such steps as are necessary to prevent it from straying from the premises on which it is kept.
(2) An inspector may detain any stray or feral susceptible animal found in a restricted zone.
Control of animal gatherings and gatherings of people in a restricted zone
6.
—(1) No person is permitted to—
except under the authority of a licence granted by the National Assembly.
(2) Subject to sub-paragraph (3) no person is permitted hold or take part in the following activities in a restricted zone—
except under the authority of a licence granted by the National Assembly.
(3) Nothing in sub-paragraph (2) makes it unlawful for the occupier of any land, members of his or her household, persons employed by him or her as beaters and any member of a shooting party of not more than three persons authorised by him or her, to shoot deer found on that land.
(4) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.
Shearing or dipping of sheep in a restricted zone
7.
—(1) Subject to sub-paragraph (2), no person is permitted to—
in a restricted zone except under the authority of a licence granted by an inspector.
(2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his or her employees (other than any person employed by him or her primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.
(3) In this paragraph—
(4) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.
Ultrasound scanning of sheep in a restricted zone
8.
—(1) Subject to sub-paragraph (2), no person is permitted to carry out ultrasound scanning of sheep in a restricted zone except under the authority of a licence granted by an inspector.
(2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his or her employees (other than any person employed by him or her primarily for the purpose of carrying out ultrasound scanning of sheep) in respect of the carrying out of ultrasound scanning of sheep kept on those premises using ultrasound scanning equipment of which the occupier is the owner or person in charge.
(3) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.
Cleansing and disinfection of slaughterhouses in a restricted zone
9.
The occupier of any collecting centre or slaughterhouse in a restricted zone must cleanse and disinfect the premises in accordance with the directions of an inspector as soon as is practicable after it has been emptied of animals and in any event before any susceptible animal, fodder, litter or other thing liable to spread disease is moved there again.
Movement of susceptible animals in a wild animal infected zone
4.
No person is permitted to move any susceptible animal from or to premises in a wild animal infected zone except under the authority of a licence granted by the National Assembly.
Cleansing and disinfection in a wild animal infected zone
5.
—(1) The occupier of any premises in a wild animal infected zone must ensure that means of disinfection are provided and used at all entrances to buildings where susceptible animals are kept in accordance with the directions of an inspector.
(2) Any person coming into contact with a wild susceptible animal must cleanse himself or herself and launder his or her clothing as soon as is reasonably practicable after such contact.
Carcases and things which may be contaminated in a wild animal infected zone
6.
No person is permitted to bring the following on to premises in a wild animal infected zone where susceptible animals are kept—
Movement of semen, ova and embryos out of a wild animal infected zone for trade
7.
No person is permitted to move any semen, embryo or ovum of a susceptible animal out of a wild animal infected zone for the purpose of trade with another Member State.
3.
During restocking, animals may be introduced into all units and buildings of the premises.
4.
—(1) Subject to sub-paragraph (2), during restocking each animal must—
(2) If no infected premises have been declared within 10km of any premises for at least 3 months before the commencement of restocking, the National Assembly may, by notice served on the occupier of those premises, except those premises from the requirements of sub-paragraph (1).
5.
Not earlier than 28 days after the last introduction, each animal must be clinically examined by a veterinary inspector and samples tested for the presence of antibodies against the disease virus.
Restocking of premises in a vaccination zone
6.
Instead of restocking in accordance with paragraphs 2 to 5, premises in a vaccination zone may be restocked if the following conditions are satisfied—
Restocking of premises outside a vaccination zone with vaccinated animals: surveillance
7.
Where any vaccinated animal is to be introduced to premises outside a vaccination zone—
Movement of susceptible animals during restocking
8.
During restocking no person is permitted to move susceptible animals from the premises.
Completion of restocking
9.
The National Assembly must declare the completion of restocking by notice served on the occupier if—
Orders revoked | References | Extent of revocation |
The Foot-and-Mouth Disease Order 1983 | S.I. 1983/1950 | The Order insofar as it applies to Wales. |
The Foot-and-Mouth Disease (Amendment) (No.2) Order 1993 | S.I. 1993/3119 | The Order insofar as it applies to Wales. |
The Foot-and-Mouth Disease (Amendment) (Wales) Order 2001 | S.I. 2001/572 (W 26) | The whole Order |
The Foot-and-Mouth Disease (Amendment) (Wales) (No.2) Order 2001 | S.I. 2001/658 (W 33) | The whole Order |
The Foot-and-Mouth Disease (Amendment) (Wales) (No.3) Order 2001 | S.I. 2001/968 (W 46) | The whole Order |
The Foot-and-Mouth Disease (Amendment) (Wales) (No.4) Order 2001 | S.I. 2001/1033 (W 47) | The whole Order |
The Foot-and-Mouth Disease (Amendment) (Wales) (No.4) (Amendment) Order 2001 | S.I. 2001/1234 (W 67) | The whole Order |
The Foot-and-Mouth Disease (Amendment) (Wales) (No.5) Order 2001 | S.I. 2001/1406 (W 93) | The whole Order |
The Foot-and-Mouth Disease (Amendment) (Wales) (No.6) Order 2001 | S.I. 2001/1509 (W 106) | The whole Order |
The Foot-and-Mouth Disease (Amendment) (Wales) (No.7) Order 2001 | S.I. 2001/1874 (W 134) | The whole Order |
The Foot-and-Mouth Disease (Amendment) (Wales) (No.8) Order 2001 | S.I. 2001/2236 (W 162) | The whole Order |
The Foot-and-Mouth Disease (Amendment) (Wales) (No.9) Order 2001 | S.I. 2001/2813 (W 242) | The whole Order |
The Foot-and-Mouth Disease (Amendment) (Wales) (No.10) Order 2001 | S.I. 2001/2981 (W 248) | The whole Order |
The Foot-and-Mouth Disease (Amendment) (Wales) (No.11) Order 2001 | S.I. 2001/3145 (W 260) | The whole Order |
The Foot-and-Mouth Disease (Amendment) (Wales) (No.12) Order 2001 | S.I. 2001/3706 (W 303) | The whole Order |
The Foot-and-Mouth Disease (Amendment) (Wales) (No.13) Order 2001 | S.I. 2001/4009 (W 335) | The whole Order |
A regulatory appraisal has been prepared in respect of this Order and is available for inspection at the Office of the Chief Veterinary Officer, National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ.
[2] S.I. 2005/1158 (W.75).back
[3] OJ No. L306, 22.11.2003, p.1.back
[4] OJ No. L139, 30.4.2004, p.206. The revised text of the Regulation is contained in a corrigendum (OJ No. L226, 25.6.2004, p.83).back
[5] OJ No. L139, 30.4.2004, p.55. The revised text of the Regulation is contained in a corrigendum (OJ No. L226, 25.6.2004, p.22).back
[8] S.I. 1978/32, amended by S.I. 2005/583 (W.49); there are other amending instruments but none are relevant.back
[10] S.I. 2003/1968 (W.213).back
[11] O.J. No. L273, 10.10.2002, p.1 as last amended by Commission Regulation (EC) No. 416/2005 (O.J. No. L006, 12.3.05, p.10).back
[12] S.I. 2005/1158 (W.75).back
[13] S.I. 2003/1968 (W.213).back
[14] S.I. 1978/32 amended by S.I. 2005/583 (W.49) there are other amending instruments but none is relevant.back
[15] S.I. 2001/2771 (W.232).back
[16] S.I. 2003/1966 (W.211).back
[19] O.J. No. L273, 10.10.02, p.l. as last amended by Commission Regulation (EC) No. 416/2005 (O.J. No. L006, 12.3.05, p.10).back
[22] O.J. No. L273, 10.10.2002. p.1 as last amended by Commission Regulation (EC) No. 416/2005 (O.J. No. L006, 12.3.05, p.10).back