The Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007
- (a) the eggs are kept separate from other eggs at the plant from the time they arrive until they are processed;
- (b) the shells of the eggs are disposed of;
- (c) the packaging used to transport the eggs is destroyed or cleansed and disinfected; and
- (d) any person involved in the handling and processing of eggs takes appropriate biosecurity measures.
- (2) The owner or driver of any vehicle used to transport eggs to an egg processing plant must ensure that it is cleansed and disinfected before the eggs are loaded and after they are unloaded.
- (3) A person involved in the transportation of eggs to an egg processing plant must take such biosecurity measures as he considers necessary to prevent the spread of disease.
Cleansing, disinfection and treatment
66
- (1) A person who is required under these Regulations to cleanse, disinfect or treat any premises (other than a regulated place) or any thing (including any vehicle under his control) on those premises must do so in accordance with Schedule 3.
- (2) A person who is required under these Regulations to cleanse, disinfect or treat a regulated place, any thing on those premises or any vehicle not referred to in paragraph (1) must do so in accordance with the instructions of an inspector.
- (3) The occupier of any premises required to be cleansed or disinfected under these Regulations, or on which cleansing and disinfection of any vehicle is so required, must provide adequate facilities, equipment and materials to carry out such cleansing and disinfection.
- (4) An inspector may, by notice served on the occupier of premises referred to in paragraph (1), provide that part of the premises which is the subject of that notice and which would otherwise be subject to the measures in Schedule 3 may be subject instead to the measures in paragraph (2).
- (5) A person who is required to disinfect under these Regulations must—
- (a) use disinfectants approved by the Department under the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972[^f00012] for the purposes of avian influenza;
- (b) use them at the concentrations approved under that Order; and
- (c) use them in accordance with—
- (i) the instructions of the manufacturer (if any), or
- (ii) (if different) the instructions of an inspector.
- (6) An inspector may, by notice served on the occupier of any premises where avian influenza has been confirmed—
- (a) prohibit the keeping of poultry or other captive birds on the premises or on any part of the premises where he believes avian influenza virus may still exist; and
- (b) prohibit the entry of a person, vehicle, poultry, other captive birds, mammals or thing onto a premises or part of premises which he believes cannot be cleansed and disinfected.
- (7) An inspector must not revoke a notice served under paragraph (6) unless—
- (a) at least a year has passed since the date the notice was served; or
- (b) (in the case of fields on the premises or of any other part of the premises which is not a building or part of a building), the Department has confirmed that he may do so.
- (8) An inspector may prohibit the movement of poultry, other captive birds, mammals or vehicles to or from any premises until cleansing and disinfection have been completed to the satisfaction of the inspector.
- (9) An inspector may, in the case of vehicles, prohibit their movement until cleansing and disinfection have been completed to the satisfaction of the inspector.
Restocking
67
- (1) A person shall not restock with poultry or other captive birds, infected premises or contact premises if poultry or other captive birds kept on those premises have been killed under paragraph 11 of Part I of Schedule 2 to the 1981 Order.
- (2) Paragraph (1) shall not apply to restocking carried out under the authority of and in accordance with the conditions of a licence granted by the Department.
- (3) The Department shall not licence the restocking of commercial poultry premises until at least 21 days after the date final cleansing and disinfection was completed at the premises in accordance with Part II of Schedule 3.
- (4) Where premises subject to measures in Schedules 1, 2 or 6 have been restocked an inspector may vary those measures, by notice served on the occupier of the premises.
Surveillance at restocked commercial poultry premises
68
- (1) The Department must ensure that the following measures are taken not more than 21 days after the date any poultry are brought onto commercial poultry premises for restocking—
- (a) the examination of any poultry on the premises by an inspector;
- (b) the taking from such poultry of such samples as the Department requires and the laboratory testing of such samples for avian influenza;
- (c) the testing for avian influenza of such poultry which die on the premises as an inspector considers necessary.
- (2) An inspector who examines poultry under paragraph (1)(a) may carry out more than one examination of the birds and shall ensure that he carries out at least one examination as close as possible to the end of the 21 day period referred to in paragraph (1).
Additional measures at restocked commercial poultry premises
69
- (1) The occupier of commercial poultry premises which have been restocked must, for at least 21 days from the date of restocking, make the following daily records—
- (a) the number or approximate number of poultry on the premises;
- (b) the number of poultry falling ill on the premises;
- (c) the number of poultry dying on the premises;
- (d) the amount of feed and, where possible, water being consumed by poultry on the premises;
- (e) any egg production on the premises.
- (2) The occupier of commercial poultry premises must ensure that a record made under paragraph (1) is kept for at least 6 weeks from the date the last record was made.
Measures at other restocked premises
70
The Department may, in relation to other restocked premises where poultry or other captive birds are kept,—
- (a) apply the measures in regulation 68; and
- (b) by notice served on the occupier of the premises, require him to carry out the measures in regulation 69.
Designation of premises to which things may be moved
71
- (1) On receipt of an application in writing by the occupier of the premises, the Department may designate the following premises for the following purposes—
- (a) a slaughterhouse for the purpose of receiving poultry, pigs or other mammals moved under a licence granted under these Regulations;
- (b) a hatchery for the purpose of receiving eggs moved under a licence granted under these Regulations;
- (c) an egg packing centre for the purpose of receiving eggs moved under a licence granted under these Regulations;
- (d) any premises for the purpose of receiving eggs moved under a licence granted under these Regulations for use for scientific, diagnostic or pharmaceutical purposes.
- (2) The Department shall not make a designation unless it is satisfied that the risk of the transmission of avian influenza from the premises is minimal.
- (3) The following premises are deemed to be designated under paragraph (1)(d), unless the Department directs otherwise by notice served on the occupier of the premises—
- (a) premises licenced to manufacture or assemble human vaccines under section 8(2) of the Medicines Act 1968[^f00013];
- (b) premises authorised to manufacture animal vaccines under regulation 5 of The Veterinary Medicines Regulations 2006[^f00014];
- (c) premises specified in a licence granted under section 2C of the Animals (Scientific Procedures) Act 1986[^f00015];
- (d) premises licenced under Article 4 of the Specified Animal Pathogens Order (Northern Ireland) 1999[^f00016].
Records of movements authorised by licence
72
- (1) A person moving poultry, other captive birds or their products under a licence granted under these Regulations must, as soon after the movement as is reasonably practicable, make a record of—
- (a) what is moved, including its quantity;
- (b) the date of the movement;
- (c) the name of the consignor;
- (d) the address of the premises from which the movement started;
- (e) the registration number of any vehicle used;
- (f) the name of the consignee; and
- (g) the address of the destination.
- (2) The person making such a record must retain it for at least twelve months from the date the movement was completed.
Retention and production of records
73
- (1) A person who is required to keep a record must—
- (a) retain it for at least twelve months from the date the record is made (unless otherwise required under these Regulations); and
- (b) produce it on demand to an inspector and provide him with copies if required.
- (2) An inspector may enter any premises for the purpose of inspecting any records required to be kept and may—
- (a) copy such records (in whatever form they are held);
- (b) require any computer records to be produced in a form which can be taken away; and
- (c) remove any record and retain it until he has carried out his functions under these Regulations.
Change of occupation of premises under restriction
74
- (1) This regulation applies if the keeper of any poultry, other captive bird or mammal is unable to move it from premises on the termination of his right of occupation because of a movement restriction imposed under these Regulations and continues to apply for seven days after any such restriction has been removed.
- (2) The person entitled to occupation of the premises following that termination must—
- (a) provide such facilities for feeding, tending or otherwise using the poultry, other captive bird or mammal (including selling it) as the keeper may reasonably require; and
- (b) allow entry to the premises to that keeper and any person authorised by him at reasonable times for feeding, tending or otherwise using the poultry, other captive bird or mammal.
- (3) If the keeper is unable or unwilling to feed or tend the poultry, other captive bird or mammal, 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 poultry, other captive bird or mammal is liable to pay the reasonable costs incurred under these Regulations by any person feeding or tending it, or providing facilities for feeding, tending or otherwise using it.
Killing of birds and destruction of things which may be contaminated
75
- (1) Before causing poultry or other birds to be killed under paragraph 11 of Part I of Schedule 2 to the 1981 Order, the Department must give notice of its intention to do so to the occupier of the premises where the birds are kept or to their keeper.
- (2) Before causing any mammal to be killed under paragraph 10 of Part I to Schedule 2 of the 1981 Order, the Department must give notice of its intention to do so to the occupier of the premises where the mammal is kept or to its keeper.
- (3) Before causing the seizure of any thing under Article 6 of the 1981 Order, the Department must give notice of its intention to do so—
- (a) to the occupier of the premises where the thing is kept; or
- (b) to the owner or keeper of the thing.
Duty of the Department to erect signs
76
- (1) The Department shall, if reasonably practicable, ensure that the boundaries of a controlled zone other than an avian influenza (restrictions on mammals) zone are indicated by signs erected in a conspicuous position on roads entering the zone on which poultry are likely to be moved.
- (2) The Department shall, if reasonably practicable, ensure that the boundaries of an avian influenza (restrictions on mammals) zone are indicated by signs erected in a conspicuous position on roads entering the zone on which mammals, or mammals specified in the declaration of the zone, are likely to be moved.
- (3) The Department shall cause a notice of any restriction or prohibition on the movement of any person onto any premises in a protection zone declared under regulation 35(2)(c) (“a restriction notice”) to be displayed at—
- (a) every entrance to the premises;
- (b) such places on any publicor private right of way the subject of the declaration as it considers appropriate; and
- (c) any other location it considers appropriate.
- (4) A person shall not alter, remove, obliterate or deface any sign erected or notice displayed under this regulation.
PART IX — INSPECTION, ENFORCEMENT, OFFENCES AND AMENDMENTS
Disapplication of measures
77
Measures prohibiting or restricting the movement of any person or the use of any thing do not apply to the Department or a district council, or any person authorized by either of them to act, in the execution of these Regulations.
Veterinary investigations
78
- (1) An inspector may—
- (a) mark, or cause to be marked, for identification purposes any bird, mammal, carcase or other thing;
- (b) count birds and mammals;
- (c) take samples from any bird, mammal, carcase or other thing;
- (d) take with him such people and things as he considers necessary.
- (2) Any person who enters premises under paragraph (1)(d) may return unaccompanied to take any further steps necessary to carry out the relevant functions.
- (3) A person carrying out a veterinary investigation who suspects that avian influenza or influenza virus of avian origin exists or has existed on the premises must seek to establish—
- (a) the length of time avian influenza has existed on the premises or on any vehicle;
- (b) the possible origin of avian influenza on the premises;
- (c) which premises may have been exposed to contamination by avian influenza from the same origin or from the premises under investigation; and
- (d) the extent to which avian influenza may have been carried to or from the premises under investigation by the movement of birds, people, animals, vehicles, eggs, carcases, implements or any other thing.
- (4) The occupier of the premises under investigation and any person appearing to the person carrying out the investigation to have charge of birds or mammals on the premises must provide such assistance as the person carrying out the investigation may reasonably require.
- (5) A person shall not alter, remove, obliterate, or deface any mark applied under paragraph (1)(a) except with the written authority of an inspector.
- (6) An inspector who carries out an investigation must keep a record of the dates he visits premises, of his findings at the premises and of any action he has required the occupier of the premises to take.
- (7) A person who imposes any requirements or restrictions must take account of the results of any relevant veterinary inquiries of which he should reasonably be aware.
Powers of inspectors
79
An inspector may—
- (a) require the detention and isolation of any vehicle, equipment or other thing and its subsequent cleansing and disinfection by serving a notice requiring such action on the occupier of the premises where it is present, or on the person in charge of it;
- (b) cleanse and disinfect any premises and any thing;
- (c) require the cleansing and disinfection of any thing by serving a notice on the occupier of the premises where it is kept, or on the person in charge of it;
- (d) require the cleansing and disinfection of any premises by serving a notice on the occupier of the premises;
- (e) require the removal, laundering, cleansing and disinfection or disposal of the clothing or footwear of any person by serving a notice on him;
- (f) require, by notice, the occupier of any premises or the keeper of any animal or bird—
- (i) to keep or isolate the animal or bird in a specified place, and
- (ii) to separate the animal or bird from any other animal or bird.
Powers of inspectors in case of default
80
- (1) Where a person fails to comply with a requirement of these Regulations, an inspector may take any steps he considers necessary to ensure the requirement is met.
- (2) Where a person acts in contravention of a requirement imposed by or under these Regulations, an inspector may take any steps he considers necessary to rectify the situation so as to prevent the spread of disease.
- (3) In taking steps under paragraphs (1) or (2) an inspector may seize and detain any animal moved, kept or otherwise dealt with in contravention of a restriction or requirement imposed by or under these Regulations.
- (4) In taking steps under paragraph (2), an inspector may direct any person to take or refrain from specified action in respect of any place, mammal, poultry, other captive bird, vehicle, or any thing.
- (5) The person in default for the purposes of paragraph (1) or (2) shall reimburse any reasonable expenses incurred by the Department in taking any steps under this regulation and any such amount is recoverable summarily.
Duty to provide reasonable assistance
81
- (1) A person required to give assistance or information to a person executing these Regulations must, unless he has reasonable cause, do so without delay.
- (2) The occupier of any premises from or to which he wishes any thing to be moved under licence under these Regulations must allow an inspector to enter those premises for the purposes of deciding whether or not such a licence should be granted or maintained.
- (3) The occupier must give all reasonable assistance to an inspector who visits the premises to examine the birds and to take samples.
Provision of information
82
A person shall not provide information which he knows to be false or misleading to a person executing these Regulations.
Duty to comply with declarations, licences, notices and designations
83
- (1) A person to whom a requirement in or imposed by virtue of a declaration, licence, notice or designation applies must comply with—
- (a) the requirement (unless authorised otherwise by licence); and
- (b) any request which an inspector may make to him to ensure that the requirement is met unless he has reasonable cause, must do so without delay.
- (2) Subject to regulations 42(2), 46(6) and 74(4), the costs incurred by any person in taking any action required or of refraining from taking action prohibited under them, must be met by that person unless the Department directs otherwise in writing.
Enforcement, offences and proceedings
84
The following provisions of the 1981 Order shall apply as if these Regulations were an order made under the 1981 Order—
- (a) Article 6 (seizure and destruction of carcases, etc., liable to spread disease);
- (b) Article 18 (6) (general provisions relative to slaughter and compensation) and the Diseases of Animals (Valuation) Order (Northern Ireland) 1989[^f00017];
- (c) Article 42 (functions of constables);
- (d) Article 46 (general powers of inspectors);
- (e) Article 46A (powers of inspectors relating to assimilated law or Protocol obligations); and
- (f) Article 48 (power to detain vessels and aircraft)
- (g) Article 52 (offences);
- (h) Article 54 (defences and evidence);
- (i) Article 55 (extension of time for bringing summary proceedings);
- (j) Article 56 (venue); and
- (k) Article 57 (proceedings under Customs Acts for unlawful landing or shipping).
Powers to give directions
85
- (1) The Department shall issue directions in writing to a district council concerning the enforcement by the district council of any provisions of these regulations including the variation thereof.
- (2) A district council shall comply with all relevant provisions of a direction issued under paragraph (1).
- (3) Where a district council fails to execute or enforce any requirement of a direction under paragraph (1) the Department shall arrange for the requirement to be carried out.
- (4) For the purposes of enforcement of a direction under this regulation an authorised officer of the district council shall have all the powers of an inspector.
Disapplication
86
The provisions of the Diseases of Poultry Order (Northern Ireland) 1995[^f00018] are disapplied insofar as they apply to avian influenza.
SCHEDULE 1 — MEASURES WHERE AVIAN INFLUENZA OR AVIAN INFLUENZA VIRUS IS SUSPECTED ON PREMISES
Record of poultry, other captive birds and mammals
1
The occupier must make and update daily a record of poultry, other captive birds and mammals kept on the premises showing, for each species the number or approximate number—
- (a) alive;
- (b) which have died;
- (c) which show clinical signs of avian influenza;
- (d) he thinks are likely to be infected; and
- (e) born or hatched.
Housing or isolation of poultry and other captive birds
2
- (1) The occupier must ensure that poultry and other captive birds are—
- (a) brought inside a building on the premises; or
- (b) kept isolated on some other place on the same premises such that they do not have contact with other poultry or other captive birds on other premises (if so directed by an inspector on the basis that housing is impractical or would adversely affect the welfare of the birds to a significant degree).
- (2) The occupier must take all reasonable steps to minimise contact with wild birds, in accordance with the instructions of an inspector.
Prohibition on the movement of poultry and other captive birds to or from the premises
3
A person shall not move any poultry or other captive birds to or from the premises, except under and in accordance with the conditions of a licence granted by the Department.
Prohibition on the removal of other things liable to transmit avian influenza
4
A person may not remove from the premises any carcase, poultry meat, poultry feed, utensils, material, waste, droppings, poultry or other captive bird manure, slurry, used litter or anything else liable to transmit avian influenza, except under and in accordance with the conditions of a licence granted by the Department.
Prohibition on the movement of people, animals and vehicles to or from the premises
5
- (1) A person shall not move to or from the premises and shall not move any mammal, vehicle or equipment to or from the premises except under and in accordance with the conditions of a licence granted by the Department.
- (2) Sub-paragraph (1) does not apply to pet animals which—
- (a) only have access to that part of the premises where people live;
- (b) have no contact with poultry or other captive birds on the premises; and
- (c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.
Restrictions on the movement of eggs
6
A person shall not move any eggs from the premises except, under the authority of and in accordance with the conditions of a licence granted by the Department—
- (a) directly to an egg processing plant; or
- (b) for disposal.
Conditions for the movement of eggs
7
A person moving eggs under paragraph 6(a) must ensure that—
- (a) each consignment of eggs is sealed by an inspector, or in accordance with the instructions of an inspector, before dispatch; and
- (b) vehicles used to transport the eggs to the plant have been cleansed and disinfected before the eggs are loaded;
Prohibition on tampering with sealed consignments of eggs
8
A person shall not tamper with a seal attached under paragraph 7 or remove it before the consignment arrives at its destination.
Disinfection at entrances and exits
9
The occupier must, in accordance with the instructions of an inspector, provide and maintain means of disinfection at the entrances and exits of the premises and of buildings housing poultry or other captive birds[^f00019].
SCHEDULE 2 — MEASURES ON PREMISES WHERE HIGHLY PATHOGENIC AVIAN INFLUENZA IS CONFIRMED
Killing and seizure
1
The occupier must give all reasonable assistance to an inspector exercising his duties relating to the killing of poultry and other captive birds under paragraph 11 of Part I of Schedule 2 to the 1981 Order or to the seizure of any thing seized under the 1981 Order.
Measures to minimise the risk of spread of avian influenza to wild birds
2
The occupier must take such action as an inspector reasonably requires to reduce the risk of the spread of avian influenza to wild birds.
Disposal of carcases and eggs
3
The occupier must ensure that all carcases and eggs not seized or disposed of by an inspector are disposed of in accordance with the instructions of an inspector (unless the inspector licences their use for diagnosis of disease).
Tracing
4
The occupier must give all reasonable assistance to an inspector in the tracing of any thing liable to transmit avian influenza to or from the premises.
Cleansing and disinfection
5
The occupier must cleanse and disinfect the infected premises in accordance with regulation 66 and Schedule 3.
Restocking
6
The occupier must not restock the premises except in accordance with regulation 67.
SCHEDULE 3 — CLEANSING AND DISINFECTION OF PREMISES OTHER THAN A REGULATED PLACE AND OF ANY THING (INCLUDING ANY VEHICLE) ON THOSE PREMISES
PART I — GENERAL PROCEDURES FOR CLEANSING, DISINFECTION AND TREATMENT
1
A person carrying out cleansing, disinfection and treatment (including measures to control rodents and insects) must do so in accordance with this Part or (if different) with any instructions given by an inspector.
2
A person using a disinfectant or degreasing agent must ensure that they are used as effectively as possible and must, in particular, give consideration to the following in deciding which products to use and how to use them—
- (a) the nature of the premises to be cleansed or disinfected;
- (b) the type of vehicle or other thing to be cleansed or disinfected; and
- (c) any instructions from the manufacturer of the product (or of an inspector) as to pressure, minimum temperature and required contact time.
3
A person cleansing and disinfecting must ensure that—
- (a) bedding, litter and faecal matter are thoroughly soaked with disinfectant;
- (b) equipment and installations which would otherwise impair effective cleansing and disinfecting are, where possible, removed or dismantled and either cleansed and disinfected or destroyed if this is considered necessary by the person carrying out the cleansing and disinfecting or is required by an inspector; and
- (c) the ground, any floors, ramps and walls are washed and cleansed by thorough brushing and scrubbing.
4
A person washing with liquids applied under pressure must avoid recontaminating areas or parts previously cleansed.
5
A person who has cleansed and disinfected part of a premises must avoid recontaminating that part as he cleanses and disinfects other parts.
6
A person carrying out a cleansing or disinfecting procedure must ensure that a written record of that procedure is made, showing the date and time the procedure took place.
7
A person who makes such a record must keep it at the premises or (if he is a person in charge of a vehicle and the procedure involved cleansing or disinfecting that vehicle), with the vehicle.
PART II — SPECIFIC PROCEDURES FOR THE CLEANSING AND DISINFECTING OF INFECTED PREMISES
Scope of this Part
1
This Part applies to the cleansing and disinfecting of infected premises except to the extent that its requirements are varied by an inspector.
Cleansing and disinfection – timing
2
Cleansing and disinfecting must be carried out during and after the killing of poultry or other captive birds and in accordance with the instructions of an inspector.
Cleansing and disinfection precautions
3
A person carrying out a cleansing or disinfection procedure must take all appropriate measures to reduce the risk of avian influenza virus spreading and must, in particular—
- (a) use appropriate equipment;
- (b) wear protective clothing (which must be cleansed and disinfected or disposed of after use);
- (c) take a shower after the cleansing and disinfection;
- (d) cleanse and disinfect any equipment which may be contaminated before it is removed from the premises; and
- (e) turn off the power supply to any ventilation system, if required to do so by an inspector.
Preliminary cleansing and disinfecting
4
Following killing—
- (a) carcases must be sprayed with disinfectant;
- (b) transportation of carcases and of any tissue or blood spilled during killing or post-mortem examination from the infected premises for disposal must be in closed, leak-proof containers and in accordance with the instructions of an inspector;
- (c) the following parts of the infected premises must have disinfectant applied as soon as the killed poultry and other captive birds have been removed—
- (i) parts where the poultry or other captive birds were housed,
- (ii) parts contaminated during the killing of the poultry or other captive birds,
- (iii) parts contaminated during any post-mortem examination;
- (d) any tissue or blood spilled during the killing or any post-mortem must be collected and disposed of with the killed poultry or other captive birds;
- (e) disinfectant must remain on the surfaces to which it has been applied for at least 24 hours.
Final cleansing and disinfecting
5
Following preliminary cleansing and disinfection—
- (a) manure and used bedding must be treated in accordance with Part III of this Schedule; and
- (b) all surfaces must be subjected to the following procedures—
- (i) grease and dirt must be removed from them by the application of a degreasing agent,
- (ii) they must then be cleansed with water,
- (iii) they must be washed with cold water, following which further disinfectant must be applied, and
- (iv) after seven days they must again be treated with a degreasing agent, rinsed with water, sprayed with disinfectant and rinsed again with water.
PART III — DISINFECTION OF LITTER, MANURE AND SLURRY WHICH MAY BE CONTAMINATED
1
Manure and used bedding which may be contaminated must be—
- (a) steam treated at a temperature of at least 70°C;
- (b) destroyed by burning;
- (c) buried deep enough to prevent access by wild birds and animals; or
- (d) stacked to heat, sprayed with disinfectant and left for at least 42 days.
2
Slurry which may be contaminated must be stored for at least 60 days after the last addition of infectious material unless, in the case of slurry which has been treated in accordance with the instructions of the Department, a shorter storage period is authorised.
3
Manure, litter and bedding which may be contaminated may, if licenced by the Department, be moved to—
- (a) a treatment plant carrying out procedures for the destruction of avian influenza virus;
- (b) storage prior to destruction; or
- (c) such other place as the Department may licence.
4
The transport of such manure, litter or bedding must be in closed, leak-proof vehicles or containers and in accordance with the instructions of an inspector.
SCHEDULE 4 — MEASURES IN A PROTECTION ZONE
Record of visitors
1
Subject to paragraph 5, the occupier of any premises in the zone where poultry or other captive birds are kept must make records of—
- (a) the name and address of any person visiting the premises (unless the visit is only to a part of the premises where people live and where no poultry or other captive birds are kept);
- (b) the date of the visit; and
- (c) whether the person had any contact with poultry or other captive birds on the premises.
Record of poultry
2
The occupier of any premises in the zone must make a record of all poultry entering or leaving those premises as soon as reasonably practicable after the movement.
Record of poultry and egg movements
3
Subject to paragraph 5, any person who is engaged in the transport or marketing of poultry or poultry eggs in the zone must make a record as soon as reasonably practicable of all poultry and poultry eggs transported or marketed by him.
Poultry movements to be recorded
4
The records referred to in paragraphs 2 and 3 must include—
- (a) the quantity and description (including species of poultry or type of egg) transported or marketed;
- (b) in the case of a movement from premises in the zone—
- (i) the date of the movement off the premises,
- (ii) the premises of destination, and
- (iii) the name and address of the person to whom ownership or possession is being or has been transferred;
- (c) in the case of a movement on to premises in the zone—
- (i) the date of the movement,
- (ii) the premises from which the movement originated, and
- (iii) the name and address of the person from whom ownership or possession is being or has been transferred; and
- (d) in the case of marketing without an associated movement, the identity and address of the person to whom and the date on which ownership was transferred.
Scope of record keeping duties
5
Paragraphs 1 and 3 do not apply in respect of—
- (a) a movement of eggs direct to retail premises, at or from such premises or subsequent to such a movement;
- (b) the movement of people to zoos, wildlife parks or (unless required by the Department) any other premises open to the public, provided the public has no access to any area where birds are kept; and
- (c) the movement of the following onto any premises where poultry or other captive birds are kept—
- (i) any person on a public right of way or exercising a right of access to the premises;
- (ii) trespassers;
- (iii) any person executing these Regulations.
Isolation of poultry and other captive birds
6
The occupier of premises in the zone where poultry or other captive birds are kept must ensure that they are—
- (a) housed; or
- (b) kept isolated on some other place on the same premises such that they do not have contact with other poultry or other captive birds on other premises (if so directed by an inspector on the basis that housing is impractical or would adversely affect the welfare of the birds to a significant degree).
Measures where birds not housed
7
If birds are kept isolated but not housed, the occupier must—
- (a) ensure that they have no contact with poultry or other captive birds on other premises; and
- (b) take all reasonable steps to minimise their contact with wild birds, in accordance with the instructions of an inspector.
Restrictions on the movement of poultry, other captive birds and mammals onto or off premises
8
- (1) Subject to sub-paragraph (2), a person shall not move poultry, other captive birds or mammals from or to premises in the zone, where poultry or other captive birds are kept, except under and in accordance with the conditions of a licence granted by the Department.
- (2) Sub-paragraph (1) does not apply to pet animals which—
- (a) only have access to that part of the premises where people live;
- (b) have no contact with poultry or other captive birds on the premises; and
- (c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.
Disposal of carcases
9
The occupier must ensure that all carcases not seized or disposed of by an inspector are disposed of in accordance with his instructions (unless the Department licences their use for diagnosis of disease).
Biosecurity measures
10
The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—
- (a) take such biosecurity measures as he considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and
- (b) comply with any biosecurity requirements which an inspector, by notice, imposes.
Litter, poultry manure and slurry
11
A person shall not remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry except under and in accordance with the conditions of a licence granted by the Department.
Gatherings of poultry
12
A person shall not permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering in the zone.
Release of game
13
A person shall not release game birds.
Restrictions on the movement of poultry, eggs, poultry meat and carcases
14
A person shall not move any poultry, eggs, poultry meat or carcases within or out of the zone unless the movement is—
- (a) set out in paragraph 16 and is—
- (i) direct, and
- (ii) licenced by the Department; or
- (b) within the same premises.
Transport by road and rail
15
Poultry and eggs may be transported through the zone on a major highway or railway if no stop is made within the zone.
Movements which may be licenced by the Department
16
The movements referred to in paragraph 14(a) are the following—
- (a) poultry from premises in the zone for immediate slaughter at a designated slaughterhouse (if the requirements of paragraph 17 are met);
- (b) poultry meat (if the requirements of paragraph 18 are met);
- (c) poultry to a designated slaughterhouse in the zone from premises outside the zone (if the requirements of paragraph 19 are met);
- (d) day-old chicks hatched from eggs produced in the zone or from eggs which came into contact with such eggs (if the requirements of paragraph 20 are met);
- (e) day-old chicks hatched from eggs originating outside the protection zone kept separate from eggs produced in such a zone (if the requirements of paragraph 21 are met);
- (f) ready-to-lay poultry to premises or part of premises where no poultry are kept (if the requirements of paragraph 22 are met);
- (g) hatching eggs from outside the zone to a designated hatchery in the zone or to designated premises for use for scientific, diagnostic or pharmaceutical purposes;
- (h) hatching eggs from the zone—
- (i) to a designated hatchery, or
- (ii) to designated premises for use for scientific, diagnostic or pharmaceutical purposes,
provided that, in both cases, the requirements of paragraph 23 are met;
- (i) eggs to a designated egg packing centre (if the requirements of paragraph 24 are met);
- (j) eggs to an egg processing plant;
- (k) eggs for disposal;
- (l) carcases for disposal or diagnosis.
Requirements for the movement of poultry from premises in the zone to a designated slaughterhouse
17
Poultry must not be moved to a designated slaughterhouse unless the following requirements are met—
- (a) an inspector must have examined poultry at the premises no more than 24 hours before they leave the premises; and
- (b) the poultry are transported in vehicles sealed by an inspector, or in accordance with the instructions of an inspector.
Requirements for the movement of poultry meat from poultry sent to a designated slaughterhouse from premises within the zone
18
Poultry meat from poultry within the zone must not be moved from a designated slaughterhouse unless it meets the requirements of regulation 63(2).
Requirements for the movement of poultry to a designated slaughterhouse within the zone from premises outside the zone
19
- (1) Subject to the conditions set out in paragraph (2), poultry from premises outside the zone may be moved to a designated slaughterhouse in the zone.
- (2) The conditions for the movement of poultry into a zone under (1) are—
- (a) such poultry shall not come into contact with any poultry originating within the zone; and
- (b) where contact between poultry occurs, contrary to paragraph (a), the meat of such poultry shall be subject to the requirements of paragraph 18.
Requirements for the movement of day-old chicks hatched from eggs produced in the zone or from eggs which had contact with such eggs
20
Day-old chicks hatched from eggs produced in the zone or from eggs which had contact with such eggs must not be moved unless they are transported in vehicles sealed by an inspector, or in accordance with the instructions of an inspector.
Requirements for the movement of day-old chicks hatched from eggs originating outside the zone
21
Day-old chicks from eggs originating outside the protection zone must not be moved unless the designated hatchery within the protection zone is operated in such a way that those eggs do not come into contact with eggs or day-old chicks from within the zone.
Requirements for the movement of ready-to-lay poultry
22
Ready-to-lay poultry must not be moved from premises within the zone unless—
- (a) poultry and other captive birds at the premises have been examined by an inspector; and
- (b) the ready-to-lay poultry are transported in vehicles sealed by the inspector, or in accordance with the instructions of an inspector.
Requirements for the movement of hatching eggs from the zone to a designated hatchery or to designated premises for use for scientific, diagnostic or pharmaceutical purposes
23
Hatching eggs must not be moved from the zone to a designated hatchery or to designated premises for use for scientific, diagnostic or pharmaceutical purposes unless—
- (a) an inspector has confirmed that he does not suspect avian influenza in the flocks from which the eggs derive;
- (b) the eggs and their packaging are disinfected before dispatch; and
- (c) the eggs are transported in vehicles sealed by an inspector, or in accordance with the instructions of an inspector.
Requirements for the movement of eggs to an egg packing centre
24
Eggs must not be moved to a designated egg packing centre unless—
- (a) they are packed in disposable packaging; and
- (b) any person transporting the eggs complies with any biosecurity requirements specified in a notice or licence issued by the Department.
Requirements at a slaughterhouse
25
The occupier of a slaughterhouse to which poultry from the zone is sent must ensure that the requirements of regulation 63 are met.
Requirements for poultry meat from the zone
26
Poultry meat in the zone from poultry originating in the zone is subject to the requirements in regulation 63(2).
Requirements for poultry meat from outside the zone
27
Poultry meat in the zone from poultry originating outside the zone is subject to the requirements in regulation 63(3)(a) and 63(4).
Cleansing and disinfection of vehicles carrying any thing which may be contaminated
28
A person who moves any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with regulation 66.
Cleansing and disinfection of vehicles
29
A person who enters or leaves premises in the zone by vehicle must cleanse and disinfect any part of the vehicle which may have been contaminated without delay in accordance with regulation 66.
Access to prohibited places
30
A person shall not enter any place which is the subject of a restriction notice under regulation 76 except in accordance with that notice or with regulation 35.
SCHEDULE 5 — MEASURES IN A SURVEILLANCE ZONE
Record of visitors
1
Subject to paragraph 5, the occupier of any premises where poultry or other captive birds are kept must make a record of—
- (a) the name and address of any person visiting the premises (unless the visit is only to a part of the premises where people live and where no poultry or other captive birds are kept);
- (b) the date of the visit; and
- (c) whether the person had any contact with poultry or other captive birds on the premises.
Record of poultry
2
The occupier of any premises in the zone must make a record of all poultry entering or leaving those premises as soon as reasonably practicable after the movement.
Record of poultry movements
3
Subject to paragraph 5, any person who is engaged in the transport or marketing of poultry or poultry eggs in the zone must, as soon as is reasonably practicable, make a record of all poultry and poultry eggs transported or marketed by him.
Poultry movements to be recorded
4
The records referred to in paragraphs 2 and 3 must include—
- (a) the quantity and description (including species of poultry and type of egg) transported or marketed;
- (b) in the case of a movement from premises in the zone—
- (i) the date of the movement off the premises,
- (ii) the premises of destination (if known), and
- (iii) the name and address of the person to whom ownership or possession is being or has been transferred;
- (c) in the case of a movement onto premises in the zone—
- (i) the date of the movement,
- (ii) the premises from which the movement originated (if known), and
- (iii) the name and address of the person from whom ownership or possession is being or has been transferred; and
- (d) in the case of marketing without an associated movement, the identity and address of the person to whom and the date on which ownership was transferred.
Scope of record keeping duties
5
Paragraphs 1 and 3 do not apply in respect of the movement of—
- (a) eggs direct to retail premises, at or from such premises or subsequent to such a movement;
- (b) people to zoos, wildlife parks or (unless required by the Department) any other premises open to the public, provided the public has no access to any area where birds are kept; and
- (c) the following onto any premises where poultry or other captive birds are kept—
- (i) any person on a public right of way or exercising any other right of access to the premises;
- (ii) trespassers; or
- (iii) any person executing these Regulations.
Restrictions on the movement of poultry, other captive birds and mammals onto or off premises
6
- (1) Subject to sub-paragraph (2), a person shall not move poultry, other captive birds or mammals from or to premises in the zone where poultry or other captive birds are kept, except under and in accordance with the conditions of a licence granted by the Department.
- (2) Sub-paragraph (1) does not apply to pet animals which—
- (a) only have access to that part of the premises where people live;
- (b) have no contact with poultry or other captive birds on the premises; and
- (c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.
Biosecurity measures
7
The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—
- (a) take such biosecurity measures as he considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and
- (b) comply with any biosecurity requirements which an inspector, by notice, imposes.
Litter, poultry manure and slurry
8
A person shall not remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry except under and in accordance with the conditions of a licence granted by the Department.
Gatherings of poultry
9
A person shall not permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering in the zone.
Release of game
10
A person shall not release game birds.
Restrictions on the movement of poultry and eggs within the zone
11
Subject to paragraph 12, a person shall not move any poultry or eggs within the zone (other than through the zone by road or rail without stopping), except under and in accordance with the conditions of a licence granted by the Department.
Wholesale and retail distribution of eggs within the zone
12
Paragraph 11 does not apply to the movement of eggs direct to wholesale or retail premises, or subsequent to such a movement.
Biosecurity measures
13
The Department shall not grant a licence under paragraph 11 unless it is satisfied that the licencee will take appropriate biosecurity measures and the taking of such measures must be conditions of the licence.
Movement of poultry to a designated slaughterhouse
14
The Department may licence the movement of poultry from outside any avian influenza protection and surveillance zones to a designated slaughterhouse within the surveillance zone and subsequent movements of the meat derived from such poultry.
Restrictions on the movement of poultry and eggs out of the zone
15
- (1) Subject to paragraph 16, a person shall not move any poultry or eggs out of the zone, unless the movement is—
- (a) a movement set out in sub-paragraph (2); and
- (b) licenced by the Department.
- (2) The movements referred to in sub-paragraph (1) are movements of—
- (a) poultry for slaughter (if the requirements of paragraph 17 are met);
- (b) day-old chicks hatched from eggs originating within the protection or surveillance zone or from eggs which came into contact with such eggs (if the requirements of paragraph 18 are met);
- (c) day-old chicks hatched from eggs originating outside the protection and surveillance zones kept separate from eggs produced in such a zone (if the requirements of paragraph 19 are met);
- (d) ready-to-lay poultry to premises or a part of any premises where poultry are not kept;
- (e) hatching eggs from the zone—
- (i) to a designated hatchery, or
- (ii) to designated premises for use for scientific, diagnostic or pharmaceutical purposes,
provided that, in both cases, the requirements of paragraph 20 are met;
- (f) eggs to a designated egg packing centre (if the requirements of paragraph 21 are met);
- (g) eggs to an egg processing plant;
- (h) eggs for disposal.
Wholesale and retail distribution of table eggs
16
Paragraph 15 does not apply to a movement of table eggs direct to wholesale or retail premises or subsequent to such a movement.
Requirements for the movement of poultry from premises in the zone to a designated slaughterhouse
17
Poultry may be moved from premises in the zone to a designated slaughterhouse but only within 24 hours of the completion of a veterinary inspection of the premises.
Requirements for the movement of day-old chicks hatched from eggs produced within the protection or surveillance zone or from eggs which have had contact with such eggs
18
Day-old chicks from eggs produced within the protection or surveillance zone or from eggs which have had contact with such eggs must not be moved unless any biosecurity measures laid down by an inspector are complied with.
Requirements for the movement of day-old chicks hatched from eggs originating outside the protection and surveillance zones
19
Day-old chicks from eggs originating outside any avian influenza protection and surveillance zones must not be moved unless the designated hatchery within the zone is operated in such a way that eggs from outside the zone do not come into contact with eggs or day-old chicks from within the zone.
Requirements for the movement of hatching eggs from the zone to a designated hatchery, or to designated premises for use for scientific, diagnostic or pharmaceutical purposes
20
Hatching eggs must not be moved from the zone to a designated hatchery or to designated premises for use for scientific, diagnostic or pharmaceutical purposes unless the eggs and their packaging are disinfected before they leave the premises.
Requirements for the movement of eggs to an egg packing centre
21
Eggs must not be moved to a designated egg packing centre unless—
- (a) they are packed in disposable packaging; and
- (b) any person transporting the eggs complies with any biosecurity measures laid down by an inspector.
Cleansing and disinfection of vehicles carrying any thing which may be contaminated
22
A person who transports any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with regulation 66.
Cleansing and disinfection of vehicles
23
A person who enters or leaves premises in the zone by vehicle must cleanse and disinfect without delay any part of the vehicle which may have been contaminated in accordance with regulation 66.
SCHEDULE 6 — MEASURES WHEN LOW PATHOGENIC AVIAN INFLUENZA IS CONFIRMED
PART I — MEASURES ON PREMISES WHERE LOW PATHOGENIC AVIAN INFLUENZA IS CONFIRMED
Record of poultry, other captive birds and mammals
1
The occupier must make and update daily a record of poultry, other captive birds and mammals kept on the premises showing, for each species the number or approximate number—
- (a) alive;
- (b) which have died;
- (c) which show clinical signs of avian influenza;
- (d) which he thinks are likely to be infected; and
- (e) born or hatched.
Housing or isolation of poultry and other captive birds
2
- (1) The occupier must ensure that poultry and other captive birds are—
- (a) housed; or
- (b) kept isolated (if so directed by an inspector on the basis that housing is impractical or would adversely affect the welfare of the birds to a significant degree).
- (2) If the birds are kept isolated, the occupier must take all reasonable steps to minimise their contact with wild birds, in accordance with the instructions of the inspector.
Prohibition on movement of poultry and other captive birds to or from the premises
3
A person shall not move any poultry or other captive birds to or from the premises, except under and in accordance with the conditions of a licence granted by the Department.
Movement of poultry to a designated slaughterhouse
4
A person shall not move any poultry or other captive bird to a slaughterhouse unless—
- (a) the slaughterhouse is a designated slaughterhouse;
- (b) the poultry are sent directly to the designated slaughterhouse; and
- (c) they are transported in vehicles sealed by an inspector, or in accordance with the instructions of an inspector.
Duty not to tamper with or remove seal on vehicles transporting poultry
5
A person shall not tamper with a seal on a vehicle transporting poultry to a designated slaughterhouse or remove it until the vehicle has arrived at the designated slaughterhouse.
Cleansing and disinfection of vehicles transporting any bird or thing which may be contaminated
6
A person who transports any bird or any thing which may be contaminated must, as soon as the bird or thing is unloaded, cleanse and disinfect the vehicle and any equipment used for transportation in accordance with regulation 66.
Prohibition on the movement of people, animals, vehicles and equipment to or from premises
7
- (1) Subject to paragraph (2), a person shall not move to or from the premises and a person shall not move any mammal, vehicle or equipment to or from the premises, except under and in accordance with the conditions of a licence granted by the Department.
- (2) Sub-paragraph (1) does not apply to pet animals which—
- (a) only have access to that part of the premises where people live;
- (b) have no contact with poultry or other captive birds on the premises; and
- (c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.
Disposal of carcases
8
The occupier must ensure that carcases are disposed of as soon as possible in accordance with the instructions of an inspector (unless the Department licences their use for diagnosis of disease).
Restrictions in relation to eggs
9
Subject to paragraph 10 the occupier must ensure that eggs on the premises which are to be disposed of and which are not seized by an inspector are disposed of in accordance with the instructions of the inspector.
Hatching eggs on special category premises
10
An inspector may, by notice served on the occupier of special category premises, direct that hatching eggs on those premises need not be disposed of.
Tracing
11
The occupier must give all reasonable assistance to an inspector in the tracing of any thing liable to transmit avian influenza from or to the premises.
Manure, slurry and bedding
12
The occupier of the premises must ensure that manure, slurry and bedding which may be contaminated are treated in accordance with regulation 66.
Cleansing and disinfection
13
The occupier must cleanse and disinfect the premises in accordance with regulation 66 and Schedule 3.
Other material which may be contaminated
14
The occupier of the premises must ensure that any other material or substance which may be contaminated with avian influenza is treated in accordance with the instructions of the inspector or disposed of.
Killing and seizure
15
The occupier must give all reasonable assistance to an inspector exercising his duties in relation to the killing of poultry or other captive birds under paragraph 11 of Part I of Schedule 2 to the 1981 Order and to the seizure of any thing seized under the 1981 Order.
Restriction on the movement of eggs
16
A person shall not move any eggs from the premises except under and in accordance with the conditions of a licence granted by the Department.
Disinfection at entrances and exits
17
The occupier must, in accordance with the instructions of the inspector, provide and maintain means of disinfection at the entrances and exits of the premises and of any buildings housing poultry or other captive birds.
PART II — CRITERIA TO BE CONSIDERED BY THE DEPARTMENT BEFORE PERMITTING MOVEMENTS FROM PREMISES WHERE LOW PATHOGENIC AVIAN INFLUENZA HAS BEEN CONFIRMED
The following are the criteria to be considered by the Department before permitting movements from premises where low pathogenic avian influenza has been confirmed—
- (a) the species of birds on the premises;
- (b) the number of premises it knows to contain poultry or other captive birds in the area around the premises;
- (c) the location of slaughterhouses, hatcheries and egg packing centres to which poultry and eggs could be moved;
- (d) biosecurity measures already in place or which could be applied at the premises, during movement and during slaughter;
- (e) possible routes on which things could be moved;
- (f) any evidence of disease spread;
- (g) any risk to human health; and
- (h) any treatment procedures which could be applied to any thing to be moved.
SCHEDULE 7 — MEASURES IN A LOW PATHOGENIC AVIAN INFLUENZA RESTRICTED ZONE
Restrictions on the movement of poultry, other captive birds and mammals from or to premises
1
- (1) Subject to sub-paragraph (2) a person shall not move poultry, other captive birds or mammals from or to premises within the zone where poultry or other captive birds are kept, except under and in accordance with the conditions of a licence granted by the Department.
- (2) Sub-paragraph (1) does not apply to pet animals which—
- (a) only have access to that part of the premises where people live;
- (b) have no contact with poultry or other captive birds on the premises; and
- (c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.
Biosecurity measures
2
The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—
- (a) take such biosecurity measures as he considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and
- (b) comply with any biosecurity requirements which an inspector, by notice to him, imposes.
Litter, poultry manure and slurry
3
A person shall not remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry except under and in accordance with the conditions of a licence granted by the Department.
Gatherings of poultry
4
A person shall not permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering, unless licenced by the Department.
Release of game
5
A person shall not release game birds.
Restrictions on the movement of poultry, other captive birds and eggs within the zone
6
Subject to paragraph 8, a person shall not move any poultry, other captive birds or eggs within the zone (other than through the zone by road or rail without stopping), except under and in accordance with the conditions of a licence granted by the Department.
Restrictions on the movement of poultry and eggs out of the zone
7
- (1) Subject to paragraph 8, a person shall not move any poultry or eggs out of the zone, unless the movement is—
- (a) set out in sub-paragraph (2); and
- (b) licenced by the Department.
- (2) The movements referred to in sub-paragraph (1) are movements of—
- (a) poultry for slaughter at a designated slaughterhouse;
- (b) poultry to premises or part of a premises where no poultry are kept;
- (c) day-old chicks from eggs originating within the zone or from eggs which have come into contact with such eggs to any premises or part of premises;
- (d) day-old chicks from eggs originating outside the zone if the designated hatchery is operated in such a way that such chicks and eggs are kept separate from day-old chicks and eggs originating in the zone;
- (e) hatching eggs—
- (i) to a designated hatchery, or
- (ii) to a designated premises for use for scientific, diagnostic or pharmaceutical purposes,
provided that in both cases, the eggs and their packaging are disinfected before dispatch;
- (f) eggs to a designated egg packing centre in disposable packaging and in accordance with any biosecurity requirements specified by an inspector;
- (g) eggs to an egg processing plant inside or outside the zone;
- (h) eggs for disposal.
- (3) The Department shall by notice served on the occupier of any premises of destination under paragraph (2)(b) or (c) require that poultry including day-old chicks must not be moved off the premises for at least 21 days from the day they arrived there.
Wholesale and retail distribution of eggs
8
Paragraphs 6 and 7 do not apply to the movement of table eggs direct to wholesale or retail premises or subsequent to such a movement.
Carcases
9
The occupier of any premises within the zone must ensure that carcases are disposed of in accordance with the instructions of an inspector (unless the Department licences their use for diagnosis of disease).
Cleansing and disinfection of vehicles
10
A person who moves any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with regulation 66.
Signed
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 9th February 2007.
E. Redmond — A senior officer of the Department of Agriculture and Rural Development
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations transpose for Northern Ireland Council Directive 2005/94/EC on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (O.J. No. L 10, 14.1.2006, p16), (“the Directive”), other than Chapter IX which deals with vaccination. These Regulations also implement, in part Commission Decision 2006/474/EC concerning measures to prevent the spread of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 to birds kept in zoos and approved bodies, institutes and centres in the member States and repealing Decision 2005/744/EC (O.J. No. L 187, 8.7.2006, p. 37).
Measures relating to the poultry register and the vaccination of zoo birds are contained in the Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007.
Part 1 of the Order contains introductory provisions. Regulation 3 defines the scope of the Regulations.
Part II sets out preventive measures to reduce the risk of the transmission of avian influenza and provides for surveillance for the disease.
Part III of the Order and Schedule 1 set out measures to deal with any suspected outbreak of avian influenza at premises other than designated slaughterhouses and border inspection posts. Measures when highly pathogenic avian influenza is confirmed on such premises are set out in Part IV and Schedule 2. These measures may, under regulation 13, also be applied to premises where disease is suspected. Part IV also provides for the declaration of protection zones, surveillance zones and restricted zones around infected premises. Measures in protection and surveillance zones are set out in Schedules 4 and 5.
Measures when highly pathogenic avian influenza is confirmed at designated slaughterhouses, border inspection posts and in vehicles are set out in Part V.
Measures where low pathogenic avian influenza is confirmed at premises other than designated slaughterhouses and border inspection posts are set out in Part VI and in Schedule 6. These include the declaration of low pathogenic avian influenza zones. Measures in such zones are set out in Schedule 7.
Measures to reduce the risk of the spread of avian influenza viruses to pigs and other mammals are set out in Part VII.
General measures applicable on suspicion or confirmation of avian influenza are set out in Part VIII and measures on inspection and enforcement are set out in Part IX.
Failure to comply with these Regulations is an offence under Article 52 of the Diseases of Animals Order (Northern Ireland) 1981.
Footnotes
[^f00001]: S.I. 2000/2812
[^f00002]: 1972 c. 68
[^f00004]: O.J. No. L10, 14.1.2006, p 16
[^f00005]: O.J. No. L 139, 30.4.2004, p. 55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (O.J. No. L226, 25.6.2004, p.22)
[^f00006]: S.I. 1981/1115 (N.I.22) as amended by S.I. 1984/702 (N.I.2) Article 17, S.I. 1994/1891 (N.I.6) Articles 20, 22 and 23
[^f00007]: 1954 c. 33 (N.I.)
[^f00008]: S.R. 1999 No. 434
[^f00009]: S.R. 2006 No. 401 as amended by S.R. 2007 No. 59
[^f00010]: S.I. 1981/1115 (N.I.22) as amended by S.R. 1986 No. 79, S.R. 1994 No. 11, S.R. 1995 No. 44, S.R. 1995 No. 368 and S.R. 1996 No. 399
[^f00011]: O.J. No. L 139, 30.4.2004, p. 55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (O.J. No. L226, 25.6.2004, p.22)
[^f00012]: S.R. & O. (N.I.) 1972 No 16 as amended by S.R. 1975 No. 69, S.R. 1995 No. 467 and S.R. 2006 No. 42
[^f00013]: 1968 c.67
[^f00014]: S.I. 2006/2407
[^f00015]: 1986 c.14 to which there are amendments not relevant to these Regulations
[^f00016]: S.R 1999 No. 434
[^f00017]: S.R. 1989 No. 5
[^f00018]: S.R. 1995 No. 465
[^f00019]: Disinfectants approved for the purposes of avian influenza are set out in the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972 (S.R. & O. (N.I.) 1972 No 16 as amended by S.R. 1975 No. 69, S.R. 1995 No. 467 and S.R. 2006 No. 42
Editorial notes
[^key-e37fc9c6c281ff0dc786a7719acbe3be]: Reg. 1 in operation at 10.2.2007, see reg. 1
[^key-08aa5d861a6215ab299af9a3d93e3dee]: Reg. 2 in operation at 10.2.2007, see reg. 1
[^key-61a9a571b0db3cbba2f665eca7c165fa]: Reg. 3 in operation at 10.2.2007, see reg. 1
[^key-2f3b8e7962e2f9a19f4ab023a4faa8cc]: Reg. 4 in operation at 10.2.2007, see reg. 1
[^key-3e4b3c75affe2716fb857069adfeac06]: Reg. 5 in operation at 10.2.2007, see reg. 1
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