The Foot-and-Mouth Disease Regulations (Northern Ireland) 2006

• (1) A person shall not collect and transport raw milk produced on premises in a surveillance zone where a susceptible animal is 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—

• (a) transport of samples of raw milk—

• (i) to a laboratory authorised in respect of disease under Article 4 of the Specified Animal Pathogens (Northern Ireland) Order 1999, or

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

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

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

• (a) has been authorised to operate within the part of Northern Ireland in which the journey is to take place by a licence granted by the Department, and

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

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

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

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

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

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

• (6) A person shall not process milk transported under this paragraph except under the authority of a licence granted by an inspector.

Transport, treatment and spreading of dung, manure, slurry and litter produced in a surveillance zone

8

• (1) This paragraph applies to dung, manure, slurry and litter—

• (a) from premises in a surveillance zone keeping susceptible animals; or

• (b) collected from vehicles carrying susceptible animals from or within a surveillance zone.

• (2) A person shall not transport dung, manure or slurry to which this paragraph applies unless such transport complies with sub-paragraphs (3), (5) or (7), and with sub-paragraph (10).

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

• (4) The occupier of any premises to which dung, manure or slurry is transported by authority of a licence granted under sub-paragraph (3) shall ensure that it is treated in accordance with Articles 15 and 32 of Regulation (EC) No. 1069/2009 and Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011 to Regulation (EU) No. 142/2011 .

• (5) Transport and spreading of dung, manure or slurry complies with this sub-paragraph if—

• (a) the dung, manure or slurry is for spreading;

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

• (c) before grant of the licence an inspector has clinically examined all susceptible animals on the premises where it was produced and was satisfied by such examination that they are not suspected of infection.

• (6) A person shall not spread dung, manure or slurry to which this paragraph applies unless such spreading is authorised by a licence granted by an inspector and the dung, manure or slurry—

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

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

• (c) is immediately incorporated into the ground.

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

• (a) the dung, manure or slurry is for spreading;

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

• (c) before grant of the licence an inspector clinically inspected all susceptible animals on the premises where it was produced and was satisfied that they are not suspected of infection.

• (8) A person shall not spread dung, manure or slurry 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, manure or slurry is injected into the ground.

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

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

• (b) designation of a distance from other premises where a susceptible animal is kept within which dung, manure or slurry must not be spread.

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

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

• (b) cleansed and disinfected in accordance with the directions of an inspector, after loading and before leaving the premises of origin.

• (11) After transporting dung or manure under this paragraph, the person in charge of the vehicle shall ensure it is cleansed and disinfected in accordance with the directions of an inspector, 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 under sub-paragraph (11) shall ensure that such cleansing and disinfection is carried out so that—

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

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

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

SCHEDULE 6 — TREATMENTS TO ENSURE THE DESTRUCTION OF DISEASE VIRUS

PART I — PRODUCTS OF ANIMAL ORIGIN (OTHER THAN FRESH MEAT, MILK AND MILK PRODUCTS)

Meat products

1

Meat products fall within this paragraph if they have undergone any of the following treatments or are produced from meat which has undergone those treatments—

• (a) heat treatment in a hermetically sealed container at a level of at least Fο3;

• (b) heat treatment at a minimum temperature of 70°C, reached throughout the meat;

• (c) heat treatment in a hermetically sealed container to at least 60°C for a minimum of 4 hours, during which the core temperature must be at least 70°C for 30 minutes;

• (d) natural fermentation and maturation of not less than nine months, resulting in the following characteristics—

• (i) Aw value of not more than 0.93; or

• (ii) pH value of not more than 6.0;

• (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 36 of Regulation (EC) No. 1069/2009 and point 28(c) and (d) of Annex I to Regulation (EU) No. 142/2011 .

Wool, ruminant hair and pig bristles

3

Wool, ruminant hair and pig bristles fall within this paragraph if they comply with the requirements in Article 36 of Regulation (EC) No. 1069/2009 and Article 24(4) of Regulation (EU) No. 142/2011 .

Animal products derived from susceptible animals

4

Animal products derived from susceptible animals fall within this paragraph if they have undergone one of the following treatments—

• (a) heat treatment in a hermetically sealed container at a level of at least FO3;

• (b) heat treatment in which the centre temperature is raised to at least 70°C for at least 60 minutes.

Blood and blood products

5

Blood and blood products of a susceptible animal used for technical purposes (including pharmaceuticals, in vitro diagnostics and laboratory reagents) which have undergone any of the treatments referred to in point 2(b)(ii) of Chapter IV of Annex XIII to Regulation (EU) No. 142/2011 .

Lard and rendered fats

6

Lard and rendered fats fall within this paragraph if they have undergone the heat treatment referred to in point Section 3(d) of Chapter I of Annex XIV to Regulation (EU) No. 142/2011 .

Petfood and dog chews

7

Petfood and dog chews fall within this paragraph if they comply with the requirements of points Chapter II of Annex XIII to Regulation (EU) No. 142/2011 .

Game trophies of ungulates

8

Game trophies of ungulates fall within this paragraph if they comply with the requirements of Chapter VI of Annex XIII to Regulation (EU) No. 142/2011 .

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.

PART II — PRODUCTS NOT OF ANIMAL ORIGIN

Straw and forage

1

Straw and forage falls within this paragraph if it has either—

• (a) undergone the action of—

• (i) steam in a closed chamber for at least 10 minutes and at a minimum temperature of 80°C; or

• (ii) formalin fumes (formaldehyde gas) produced in a chamber kept closed for at least 8 hours and at a minimum temperature of 19°C, at 35-40% concentration; or

• (b) has been stored in packages or bales under shelter on 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 the declaration creating that that protection zone has been amended in accordance with regulation 34 so that the protection zone becomes part of a surveillance zone).

PART III — FRESH MEAT

De-boning

1

Meat (together with diaphragms but excluding offal) is de-boned so that it falls within this paragraph if the bone and main accessible lymphatic glands have been removed.

Maturation

2

Carcases are matured so that they fall within this paragraph if they—

• (a) have been matured at a temperature of more than 2°C for at least 24 hours; and

• (b) have a pH value in the middle of Longissimus dorsi recorded at less than 6.0.

PART IV — MILK AND MILK PRODUCTS

Milk and milk products for human consumption

3

• (1) Milk and milk products for human consumption that have been subjected to one of the following treatments—

• (a) sterilisation at a level of at least FO3;

• (b) Ultra-High Temperature treatment at 132°C for at least one second;

• (c) High Temperature Short Time pasteurisation at 72°C for at least 15 seconds or any other pasteurisation treatment which achieves a negative reaction to a phosphatase test (with any pasteurisation under this paragraph applied twice to milk with a pH of 7.0 or above);

• (d) High Temperature Short Time pasteurisation at 72°C for at least 15 seconds or any other pasteurisation treatment which achieves a negative reaction to a phosphatase test and either—

• (i) lowering the pH below 6.0 for at least one hour, or

• (ii) heating to 72°C or more combined with desiccation

• (2) Milk products for human consumption produced from milk which has been subjected to one of the treatments in sub-paragraph (1).

Milk and milk products not intended for human consumption

4

• (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—

• (a) sterilisation at a level of at least FO3; or

• (b) Ultra-High Temperature treatment at 132°C for at least one second and either—

• (i) lowering the pH below 6.0 for at least one hour, or

• (ii) heating to 72°C or more combined with desiccation;

• (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; or

• (d) High Temperature Short Time pasteurisation at 72°C for at least 15 seconds or any other pasteurisation treatment which achieves a negative reaction to a phosphatase test and either—

• (i) lowering the pH below 6.0 for at least one hour, or

• (ii) heating to 72°C or more combined with desiccation.

• (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 been subjected to one of the treatments in sub-paragraph (1).

• (3) Whey intended for susceptible animals falls within this paragraph if it is—

• (a) collected at least 16 hours after milk clotting; and,

• (b) (if intended for feeding to pigs) has a recorded pH of less than 6.0 before leaving the establishment in which the milk has been treated.

SCHEDULE 7 — MEASURES APPLICABLE IN RESPECT OF A RESTRICTED ZONE

Movement of a susceptible animal in a restricted zone

1

• (1) Subject to sub-paragraph (3) a person shall not move a susceptible animal—

• (a) from premises within a restricted zone; or

• (b) into or out of a restricted zone,

except under the authority of a licence granted by the Department.

• (2) The person in charge of any vehicle used to move a susceptible animal under such a licence shall ensure that it is cleansed and disinfected in accordance with regulation 42.

• (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 a susceptible animal in a restricted zone

2

Where a susceptible animal is moved to a slaughterhouse within a restricted zone, the occupier of the slaughterhouse shall 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) A person shall not move any carcase or animal product (unless intended for human consumption) or any manure, slurry or used litter from a slaughterhouse in a restricted zone except—

• (a) for disposal; or

• (b) under the authority of a licence granted by an inspector (which shall include a condition prohibiting any intermediate movement to any premises keeping a susceptible animal).

• (2) A person transporting any thing under the authority of a licence granted under sub-paragraph (1)(b) shall—

• (a) do so in a covered drip-proof container or vehicle; and

• (b) cleanse and disinfect the vehicle, as soon as possible after unloading and in any event before re-use, in accordance with the directions of an inspector.

• (3) The occupier of the premises to which any carcase or animal product is moved under this paragraph shall ensure that it is not brought into contact with, or fed to, any susceptible animal.

Control of carcases in a restricted zone

4

• (1) A person shall not 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 having contracted Bovine Spongiform Encephalopathy or Scrapie destined 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 shall not be considered to have been slaughtered for human consumption.

Straying of a susceptible animal in a restricted zone

5

• (1) The keeper of a susceptible animal in a restricted zone shall 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) Subject to sub-paragraphs (5) and (6) a person shall not—

• (a) hold an animal gathering which includes a susceptible animal in a restricted zone; or

• (b) hold any gathering of people on any holding in a restricted zone in connection with the sale of a susceptible animal kept there at which more than two people (other than the owner or keeper of the animal and his representatives) are present,

except under the authority of a licence granted by the Department.

• (2) Subject to sub-paragraph (4) a person shall not hold or take part in the following activities in a restricted zone—

• (a) hunting including hunting any drag or other trail;

• (b) stalking;

• (c) horse racing and jumping competitions;

• (d) polo;

• (e) pigeon racing; and

• (f) the racing or coursing or the training for racing or coursing of any dogs or hounds and the pursuit of game and rabbits.

• (3) Subject to sub-paragraph (4) and (5), a person shall not shoot deer except under the authority of a licence granted by the Department.

• (4) The occupier of land, members of his household, persons employed by him as beaters and any member of a shooting party of not more than three persons authorised by him may shoot deer found on that land.

• (5) Sub-paragraph (1) shall not be deemed to prohibit the racing or the training for racing of greyhounds on a licensed greyhound racing track in a restricted area.

• (6) 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) and (4), a person shall not—

• (a) shear or dip sheep; or

• (b) handle fleeces or sheep during shearing or dipping,

in a restricted zone except under the authority of a licence granted by an inspector.

• (2) The prohibition in sub-paragraph (1) shall not apply to the occupier of any premises or his employees (other than a person employed by him 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—

• (a) “shearing” includes clipping and dagging; and

• (b) “dipping” includes showering and jetting sheep with sheep dip.

• (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) and (3), a person shall not 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) shall not apply to the occupier of any premises or his 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.

• (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 shall 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 a susceptible animal, fodder, used litter or other thing liable to spread disease is moved there again.

SCHEDULE 8 — MEASURES APPLICABLE IN RESPECT OF A WILD ANIMAL INFECTED ZONE

Notification of a dead wild susceptible animal in a wild animal infected zone

10

Any person who kills a wild susceptible animal or finds such an animal dead in a wild animal infected zone shall notify a Divisional Veterinary Officer of that fact.

Record keeping in a wild animal infected zone

11

The occupier of any holding in a wild animal infected zone where a susceptible animal is kept shall create a record of the number of each species of susceptible animals kept on the premises and shall maintain that record by updating it every time that number changes.

Isolation of a susceptible animal in a wild animal infected zone

12

The occupier of any premises in a wild animal infected zone where a susceptible animal is kept shall ensure that—

• (a) a susceptible animal is isolated as far as is reasonably practicable from contact with wild animals; and

• (b) fodder, used litter and any other material which may come into contact with a susceptible animal is isolated as far as is reasonably practicable from contact with wild animals.

Movement of a susceptible animal in a wild animal infected zone

13

A person shall not move a susceptible animal from or to premises in a wild animal infected zone except under the authority of a licence granted by the Department.

Cleansing and disinfection in a wild animal infected zone

14

• (1) The occupier of any premises in a wild animal infected zone shall ensure that means of disinfection are provided and used at all entrances to buildings where a susceptible animal is kept in accordance with the directions of an inspector.

• (2) Any person coming into contact with a wild susceptible animal shall cleanse and disinfect himself and launder his clothing after such contact in accordance with the directions of the Department.

Carcases and things which may be contaminated in a wild animal infected zone

15

A person shall not bring the following on to a holding in a wild animal infected zone where a susceptible animal is kept—

• (a) any carcase of a wild animal;

• (b) any material, equipment or other thing which may be contaminated.

Movement of semen, ova and embryos out of a wild animal infected zone for trade

16

A person shall not move any semen, embryo or ovum of a susceptible animal out of a wild animal infected zone for the purpose of trade with a member State, Norway, Iceland or Liechtenstein.

SCHEDULE 9 — REVOCATIONS

Number	Title	Extent
S.R. & O. (N.I.) 1962 No 209	Foot and Mouth Disease Order (NI)	The whole Order
S.R. & O. (N.I.) 1968 No 14	Foot and Mouth Disease (Revocation and Amendment) Order (NI)	The whole Order
S.R. & O. (N.I.) 1968 No 29	Foot and Mouth Disease (Importation ) No.2 (Revocation) Order (NI)	The whole Order
S.R. & O. (N.I.) 1968 No 34	Foot and Mouth Disease (Importation ) No.6 and 7 Orders (Amendment and Revocation) (NI)	The whole Order
S.R. 2001 No. 82	Foot and Mouth Disease (Amendment) Order (NI)	The whole Order
S.R. 2001 No. 83	Foot and Mouth Disease (Infected area) Order (NI)	The whole Order
S.R. 2001 No. 239	Import and Export Restrictions (Foot and Mouth Disease) No.2 (Revocation) Regulations (N.I.)	The complete Regulations
S.R. 2002 No. 44	Foot and Mouth Disease (Controlled Area) Order (NI)	The whole Order

Signed

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 17th February 2006.

Liam McKibben — A senior officer of the — Department of Agriculture and Rural Development

Explanatory note

(This note is not part of the Regulations)

These Regulations, read with the Diseases of Animals (Northern Ireland) Order 1981 No. 1115 (N.I. 22) (“the Order”) partially transpose for Northern Ireland Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC (O.J. No. L306, 22.11.2003, p1). The other measures transposing the Directive in Northern Ireland are the Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006 (S.R. No. 43) and the Diseases of Animals (Amendment) Regulations (Northern Ireland) 2006.(S.R. No. 41).

The Regulations transpose the Directive except insofar as it deals with vaccination against foot-and-mouth disease (“the disease”).

Part I of the Regulations contain introductory and interpretation provisions.

Part II makes provision for notification, suspicion and investigation of the disease.

Regulations 8 and 9 provide for notification of the disease or suspicion of it. Schedule 1 contains the restrictions which apply in relation to premises under suspicion.

Regulation 10 relates to animals in transit which are known or suspected of infection or contamination with the disease.

Regulation 11 provides for veterinary investigation into the disease. Consequent on that investigation, regulation 12 allows parts of premises to be declared as separate production units, which has the effect of excusing those parts from some of the restrictions in Schedule 1. Also consequent on the investigation, regulation 13 requires the Department to trace the possible spread of disease and to impose the restrictions in Schedule 1 on further premises. The restrictions in Schedule 1 are maintained in relation to premises where infection with the disease is found (regulation 14).

Regulations 15 to 17 provide for the declaration of a temporary control zone on suspicion of the disease and for the measures applying within that zone. Regulations 18 and 19 provide for the declaration of a further zone supplementary to a temporary control zone (a supplementary movement control zone) and the measures applying there.

Part II sets out the measures applying following confirmation of the disease.

Regulation 20 requires the Department to trace items from infected premises which may spread disease and provides for their treatment or disposal. The Regulations impose a duty on the Department to slaughter animals on infected premises to prevent the spread of the disease (paragraph 3A of Part I of Schedule 2 to “the Order”). Regulations 21 to 28 provide for the circumstances relating to such slaughter, including the place of slaughter (regulation 23), movement and disposal of carcases and faecal material (respectively regulations 24 and 25), isolation of things which may spread the disease until they have been certified as free of contamination, treated or disposed of (regulation 26), cleansing and disinfection of the premises (regulations 27 and 28 and Schedule 3).

Regulations 29 to 31 provide for the declaration of protection and surveillance zones around infected premises. Regulation 32 and Schedule 5 set out the measures which apply in those zones. Regulation 33 requires the Department to investigate every premises keeping susceptible animals in such a zone. Regulation 34 sets out the circumstances in which protection and surveillance zones may be terminated.

Regulation 35 provides for the declaration of a restricted zone on confirmation of the disease; regulation 36 and Schedule 7 provide for the measures applying there.

Regulation 37 provides for the declaration of a wild animal infected zone on confirmation of the disease in a wild animal; regulation 38 and Schedule 8 provide for the measures applying there.

Part IV makes general and supplementary provisions.

Regulation 39 applies after specified movements and requires licences to be produced before animals are unloaded and that those licences are forwarded to the local authority.

Regulation 40 requires the Department to take steps to prevent spread of the disease to premises keeping animals of special value (such as rare breeds).

Regulation 41 requires the Department to erect signs indicating the perimeters of zones declared under the Regulations.

Regulation 42 sets out the method to be used when cleansing and disinfecting vehicles transporting susceptible animals. Regulation 43 requires occupiers to provide facilities, equipment and materials where cleansing and disinfection of vehicles is required on their premises.

Regulation 47 and Schedule 4 deal with restocking of premises.

Regulation 48 makes provision to maintain marks applied under the Regulations.

Regulation 49 provides for the feeding and tending of animals or poultry which cannot be moved on termination of a right of occupation because of a restriction imposed by the Regulations.

Regulations 51 to 54 and 58 to 60 make provision related to offences and enforcement.

Regulation 55 confers power on an inspector appointed by the Department to prohibit access to land or buildings in a protection zone.

Regulation 56 confers general powers on veterinary inspectors to take action to prevent spread of the disease.

Regulation 61 makes consequential amendments to other statutory rules.

Regulation 62 revokes the statutory rules in Schedule 9.

Footnotes

Editorial notes