S.I. No. 706/2006 - European Communities (Control of Salmonella in Breeding Flocks of Domestic Fowl) Regulations 2006

S.I. No. 706 of 2006

EUROPEAN COMMUNITIES (CONTROL OF SALMONELLA IN BREEDING FLOCKS OF DOMESTIC FOWL) REGULATIONS 2006

I, MARY COUGHLAN, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Regulation (EC) No 1003/2005 of 30 June 2005¹ as amended by Commission Regulation (EC) No 1168/2006 of 31 July 2006² , and, in so far as they concern breeding flocks of Gallus gallus, Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003⁰ and Commission Regulation (EC) No 1177/2006 of 1 August 2006⁴ , hereby make the following regulations—

Citation and commencement

1.

Interpretation

2.

“authorised officer” means—

• (a) an authorised officer within the meaning of section 17A (inserted by the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001)) of the Diseases of Animals Act 1966 (No. 6 of 1966),

• (b) a person who immediately before the making of these Regulations was an authorised officer under the European Communities (Zoonoses) Regulations 1996 ( S.I. No. 2 of 1996 ),

• (c) a person appointed under Regulation 9, or

• (d) a member of the Garda Síochána;

“Animal By-products Regulation” means Regulation (EC) No. 1774/2002 of the European Parliament and the Council of 3 October 2002 as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003, Commission Regulation (EC) No. 811/2003 of 12 May 2003, Commission Regulation (EC) No. 668/2004 of 10 March 2004, Commission Regulation (EC) No. 878/2004 of 29 April 2004, Commission Regulation (EC) No. 79/2005 of 19 January 2005, Commission Regulation (EC) No. 92/2005 of 19 January 2005, Commission Regulation (EC) No. 93/2005 of 19 January 2005, Commission Regulation (EC) No. 416/2005 of 11 March 2005, Commission Regulation (EC) No. 2067/2005 of 16 December 2005, Commission Regulation (EC) No. 181/2006 of 1 February 2006 Commission Regulation (EC) No. 197/2006 of 3 February 2006, Commission Regulation (EC) No. 208/2006 7 February 2006 and Commission Regulation (EC) No. 209/2006 of 7 February 2006;

“breeding flock” means a breeding flock of domestic fowl comprising at least 250 birds;

“domestic fowl” means Gallus gallus;

“EC Regulations” means Commission Regulation (EC) No 1003/2005 of 30 June 2005 as amended by Commission Regulation (EC) No 1168/2006 of 31 July 2006, and, in as far as they concern breeding flocks of domestic fowl, Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 and Commission Regulation (EC) No 1177/2006 of 1 August 2006;

“holder” in relation to a laboratory approval includes, if the context so requires or admits, a person employed by the holder;

“Minister” means Minister for Agriculture and Food;

“premises” includes land, buildings, structures, vehicles or container.

• (2) A word or expression that is used in the EC Regulations and that is also used in these Regulations has in these Regulations the same meaning as in the EC Regulations.

Samples

3.

• (a) samples are taken at the holding on which the flock is held in accordance with Part 1 of the Schedule, and

• (b) each sample and each record relating to it is dealt with in accordance with Part 2 of the Schedule.

Laboratory approval

4.

• (2) An application for laboratory approval shall be made in a form and contain any information that the Minister may require.

• (3) The Minister shall not consider an application for laboratory approval unless the application contains all the material and particulars sought and is accompanied by the fee (if any) set in accordance with Regulation 5.

• (4) The holder of a laboratory approval shall make such returns to the Minister as the Minister may require.

• (5) The Minister may revoke or suspend a laboratory approval, attach conditions to an approval or refuse an application.

• (6) If the Minister proposes to revoke or suspend a laboratory approval or refuse an application he or she shall—

• (a) notify the holder of a laboratory approval or applicant in writing of the proposal and of the reasons for the proposal, and that he or she may make representations to the Minister in relation to the proposal within 14 days of the notification,

• (b) consider any representations duly made before deciding whether to proceed with, modify or annul the proposal and

• (c) notify the holder of a laboratory approval or applicant of the decision and the reasons for the decision.

• (7) If the Minister is of the opinion that it is necessary for the protection of human or animal health he or she may refuse an application or suspend or revoke an approval without allowing the representations referred to in paragraph (6).

• (8) If the Minister grants a laboratory approval he or she may specify a date on which that approval will expire.

• (9) Until 30 June 2007, any laboratory approved in accordance with Regulation 7 of the European Communities (Zoonoses) Regulations 1996 shall be an approved laboratory under these Regulations.

Fees

5.

• (2) Moneys received under this Regulation shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

• (3) The Public Offices Fees Act 1878 (42 & 43 Vict. Cap 58) does not apply to a fee charged pursuant to this Regulation.

Obligations of approved laboratories

6.

• (a) the sample is tested as soon as practicable for the presence of salmonella in accordance with a method approved by the Minister,

• (b) the result of the test is reported in writing as soon as practicable to the person who submitted the sample, and

• (c) if Salmonella enteritidis, Salmonella hadar, Salmonella infantis, Salmonella typhimurium or Salmonella virchow is detected in a sample the Minister is immediately informed of that detection by means of an oral report followed by a written report within 24 hours.

• (2) The holder of a laboratory approval shall—

• (a) apply quality control systems that conform to the current EN/ISO standard,

• (b) regularly participate in collaborative testing organised or coordinated by the national reference laboratory, and

• (c) comply with all conditions applicable to the laboratory as notified to the holder of the laboratory approval by the Minister at the time of approval or subsequently.

Control measures if salmonella infection confirmed

7. (1) If a report of the detection of Salmonella enteritidis or Salmonella typhimurium is made to the Minister pursuant to Regulation 6(1)(c) the owner or person in charge of the flock shall ensure that no eggs, poultry or poultry meat are moved from the premises where the flock is located without the consent in writing of an authorised officer.

• (2) If the presence of Salmonella enteritidis or Salmonella typhimurium is confirmed in a breeding flock—

• (a) the owner or person in charge of the flock shall ensure that—

• (i) no eggs, poultry or poultry meat are moved from the premises where the flock is located without the consent in writing of an authorised officer,

• (ii) non-incubated eggs from the flock are destroyed or treated in a manner that guarantees the elimination of Salmonella enteritidis and Salmonella typhimurium in accordance with Community legislation on food hygiene and

• (iii) all birds, including day-old chicks, in the flock are slaughtered in accordance with Community legislation on food hygiene or destroyed,

• (b) the owner or person in charge of a hatchery where hatching eggs from the breeding flock are present shall ensure that such eggs are destroyed or treated in accordance with the Animal By-products Regulation,

• (c) a person in charge of a product derived from the birds referred to in subparagraph (a)(iii) which are not destined for human consumption shall ensure that such products are used or disposed of in accordance with the Animal By-products Regulation.

• (3) If an authorised officer gives the consent in writing referred to in subparagraphs (1) or (2)(a) the officer may specify the place or manner in which the birds should be slaughtered or destroyed or the manner in which eggs should be destroyed or treated and nobody shall deal with the birds or eggs except in accordance with such specification.

• (4)
• (a) If a premises that was occupied by a breeding flock in which the presence of salmonella was detected has been emptied of birds and eggs, the owner or person in charge shall ensure that effective cleansing and disinfection is carried out, including safe disposal of manure and litter, in accordance with the procedures laid down by an authorised officer.

• (b) A person shall not restock premises referred to in subparagraph (a) unless an authorised officer is satisfied that all reasonable precautions have been taken to ensure the elimination of salmonella at the premises and consents in writing to the restocking.

Records

• (a) the date of the movement,

• (b) the number of birds, chicks and eggs moved,

• (c) the identity of the building or group of buildings into which or from which the birds, eggs or chicks were moved,

• (d) name and address of the premises from which incoming birds, chicks and eggs were brought, and

• (e) name and address of the premises to which out-going birds, chicks and eggs were sent.

Appointment of authorised officers

• (2) An appointment as an authorised officer ceases-

• (a) if it is terminated by the Minister,

• (b) if it is for a fixed period, on the expiry of that period, or

• (c) if the person appointed ceases to be an officer of the Minister.

• (3) Nothing in paragraph (2) is to be construed so as to prevent the Minister from reappointing as an authorised officer a person to whom that paragraph relates.

• (4) An authorised officer appointed under this Regulation shall be furnished with a warrant of appointment as an authorised officer and when exercising any power conferred by these Regulations such officer shall, if requested by any person affected, produce the warrant to that person.

Powers of an authorised officer

• (a) at any time enter and search such premises or any parts of any other premises or other land, vehicle or container which are material to the operation of such premises,

• (b) search a person, where the authorised officer considers it necessary,

• (c) there or at any other place examine any poultry or eggs or other thing found there,

• (d) inspect, take or take copies of or extracts from any books, documents or other records found there,

• (e) take, without payment, samples of any poultry, eggs, cadavers, faeces, blood, tissue or any other thing, substance or article as he or she may reasonably require and carry out or cause to be carried out on a sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient,

• (f) seize and detain (for so long as is necessary) any poultry, eggs, vehicle, container or other thing, substance or article,

• (g) give directions to or require any person there or the owner or person in charge of the premises or any person employed in connection therewith to give to him or her such information and to produce to him or her such books, certificates, documents, records or thing within the power of procurement of the person as the officer may reasonably require for the purposes of his or her functions under these Regulations,

• (h) retain a document or thing (for so long as is necessary),

• (i) dispose of the poultry, eggs or other thing or require the owner or person in charge of them to deal with or dispose of them in a manner that the authorised officer sees fit,

• (j) require of a person the ownership, identity and origin of any poultry, eggs or other thing,

• (k) mark or otherwise identify poultry, eggs or other thing or any sample taken under subparagraph (e).

• (2) The person referred to in paragraph (1)(g) shall carry out all reasonable directions issued by an authorised officer.

• (3) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling, unless he or she has obtained a search warrant under Regulation 11 other than if he or she has reasonable cause to suspect that before a search warrant could be sought in relation to the dwelling anything to which paragraph (1) relates is being or is likely to be destroyed or disposed of.

• (4) An authorised officer may use reasonable force, if necessary, in exercise of his or her powers under this Regulation.

• (5) An authorised officer, when exercising a power under this Regulation may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.

• (6) An authorised officer is not liable in any proceedings for anything done in the purported exercise of his or her powers under these Regulations if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

• (7) Without prejudice to the generality of paragraph (1), a direction or requirement of an authorised officer may include conditions prohibiting, restricting or otherwise controlling the movement of poultry, eggs, cadavers or any material or thing as may be specified by the authorised officer.

• (8) If a member of the Garda Síochána has reasonable grounds to suspect that a person has committed an offence under these Regulations, the member may without warrant arrest the person.

• (9) An authorised officer or an expert from the Commission of the European Communities may at any reasonable time inspect an approved laboratory, or a laboratory in respect of which an application for approval has been made, for the purpose of evaluating its suitability for approval.

Search warrant

• (a) evidence of or relating to the commission of or intended commission of an offence under these Regulations or the EC Regulations is to be found on the premises,

• (b) there is or was poultry, eggs or other material or other thing used in connection with poultry or eggs on the premises,

• (c) a document or other record related to a thing to which subparagraph (a) refers is or may be on the premises,

the judge may issue a search warrant.

• (2) A search warrant under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary, at any time within one month from the date of issue of the warrant, on production, if so requested, of the warrant, to enter (if necessary by use of reasonable force) the premises or place named in the warrant.

• (3) If a premises is entered pursuant to a warrant issued under this Regulation, an authorised officer may exercise all or any of the powers conferred on an authorised officer under these Regulations.

Offences and penalties

• (a) contravenes Article 2 or 3 of Commission Regulation (EC) No 1177/2006 of 1 August 2006,

• (b) contravenes Regulation 3, 4 (1) and (4), 6, 7, 8 or 10 (2) of these Regulations,

• (c) tampers or otherwise interferes with any sample taken under these Regulations,

• (d) tampers or otherwise interferes with any poultry, poultrymeat or eggs so as to procure that any sample of it taken under these Regulations does not correctly represent the poultry, poultrymeat or eggs,

• (e) treats or allows treatment of any bird which causes any sample to be invalid,

• (f) forge, or utter knowing it to be forged, a record referred to in these Regulations,

• (g) fails to give assistance to, or obstructs, impedes or otherwise interferes with, an authorised officer in the performance of his or her functions or gives information to an authorised officer that he or she knows to be false or misleading in a material respect,

• (h) in applying for a laboratory approval wilfully makes a false or misleading statement,

• (i) fails to comply with a request of an authorised officer made under Regulation 10(1)(g), (i) or (j),

commits an offence and is liable on conviction to a fine not exceeding €5000 or to imprisonment for a period not exceeding 6 months or to both.

• (2) If an offence under these Regulations has been committed by a body corporate and is proved to be so committed with the consent or connivance of, or be attributable to any neglect on the part of, a person being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate shall be found guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

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

• (4) An offence under these Regulations may be prosecuted by the Minister.

Revocation

SCHEDULE

Part 1 Taking of samples as referred to in Regulation 3

• (1) Adult breeding flocks shall be sampled every two weeks during the laying period in accordance with paragraph 2(2)(2)(1) of the Annex to Commission Regulation (EC) No 1003/2005 of 30 June 2005.

• (2) Breeding flocks other than adult flocks shall be sampled at the day-old chick stage, when the birds are four weeks old and two weeks before the birds move to the laying phase or laying unit as follows-

• (a) in the case of day-old chicks—

• (i) samples shall be taken, on the day of delivery of the chicks to the holding, from the internal linings of the boxes in which the chicks were delivered to the holding from the hatchery, with a minimum of one box-liner being sampled for every 500 chicks delivered and each sample to consist of at least one centimetre square from each liner,

• (ii) samples shall be taken of the carcases of all dead chicks, up to a maximum of 60, found dead on arrival on the day of delivery to the holding,

• (b) in the case of four-week old birds and birds that will move to the laying phase or laying unit in two weeks-

• (i) pooled faecal samples, made up of separate samples of fresh faeces each weighing not less than one gram taken at random from a number of sites in the building in which the birds are kept, shall be collected,

• (ii) if the birds have free access to more than one building on the holding, pooled faecal samples shall be collected from each building on the holding in which the birds are kept,

• (iii) the number of sites from which separate faeces samples are to be taken in order to make a pooled samples shall be—

Number of birds kept in a building	Number of feaces samples to be taken in the building or group of buildings
1 to 24	number equal to number of birds up to a maximum of 20
25 to 29	20
30 to 39	25
40 to 49	30
50 to 59	35
60 to 89	40
90 to 199	50
200 to 499	55
500 or more	60

Part 2 Manner in which a sample shall be dealt with

The owner or person in charge of a breeding flock shall ensure that—

• (a) each sample is dispatched to an approved laboratory within 48 hours of being taken in a manner that ensures the integrity of the sample,

• (b) each sample is kept in a refrigerator at a temperature of between 1°C and 4°C if not dispatched within 24 hours of being taken,

• (c) each sample is identified in a manner that enables the laboratory to which it is sent to know—

• (i) the name of the owner or person in charge of the breeding farm,

• (ii) date on which the sample was taken,

• (iii) description of sample taken,

• (iv) identity of the flock and

• (v) identity of the building or group of buildings where the sample was taken,

• (d) such samples are tested, at the expense of the owner or person in charge of the flock, for the presence of salmonella at an approved laboratory,

• (e) a record of samples taken for the purposes of salmonella testing is kept which shall contain at least the following information—

• (i) date on which the sample was taken,

• (ii) description of sample taken,

• (iii) identity of the building or group of buildings where the samples were taken and

• (iv) the result of the test, and

• (f) the record referred to in subparagraph (e) is retained for a period of at least three years from date of taking of the sample and is produced to an authorised officer on request.

	GIVEN under my Official Seal 20 December 2006
	MARY COUGHLAN Minister for Agriculture and Food.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations give effect to European Union legislation on the testing of breeding flocks of domestic fowl for salmonella and on control measures if flocks are infected and provide for the approval of laboratories to conduct tests.

Footnotes