The Foot-and-Mouth Disease (Scotland) Order 2006

• (8) No person shall spread dung or manure transported under authority of a licence granted under sub paragraph (7) unless such spreading is authorised by a licence granted by an inspector and the dung or manure is injected into the ground.

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

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

• (b) designation of a distance from other premises keeping susceptible animals within which dung or manure must not be spread.

• (10) Transport of dung or manure 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 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 after unloading or spreading and before leaving the premises of destination.

• (12) The person in charge of a vehicle to be cleansed and disinfected under sub paragraph (10) or (11) shall ensure that such cleansing and disinfection is carried out so that–

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

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

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

SCHEDULE 5 — Treatment of products to ensure the destruction of disease virus

PART 1 — Products of animal origin (other than fresh meat)

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 any of those treatments–

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

• (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 of 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 of Article 36 of Regulation (EC) No 1069/2009 and Article 24(4) of Regulation (EU) No 142/2011.

Products derived from susceptible animals

4

Animal products derived from susceptible animals fall within this paragraph if they have undergone either 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 susceptible animals fall within this paragraph if they are used for technical purposes (including pharmaceuticals, in vitro diagnostics and laboratory reagents) and have undergone any of the treatments referred to in point 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 section 3(d) of Chapter 1 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 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 2 — Products not of animal origin

Straw and forage

10

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) been stored in packages or bales under shelter at premises situated not closer than 2km to the nearest infected premises and is not released from the premises before at least three months have elapsed following the completion of cleansing and disinfection (and in any case not before the declaration creating that protection zone has been amended in accordance with article 36 so that the protection zone becomes part of a surveillance zone).

PART 3 — Fresh meat

De-boning

11

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

Maturation

12

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 the Longissimus dorsi recorded at less than 6.0.

PART 4 — Milk and milk products

Milk and milk products for human consumption

13

• (1) Milk and milk products for human consumption fall within this paragraph if they have undergone 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 fall within this paragraph if they are produced from milk which has undergone one of the treatments in sub paragraph (1).

Milk and milk products not intended for human consumption

14

• (1) Milk and milk products not intended for human consumption (including whey intended for susceptible animals) fall within this paragraph if they have undergone one of the following treatments–

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

• (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;

• (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 6 — Measures applicable to a restricted zone

Movement of susceptible animals in a restricted zone

1

• (1) No person shall 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 an inspector (which shall include a condition relating to the cleansing and disinfection of any vehicle used to move the animal).

• (2) The person in charge of any vehicle used to move an animal under such a licence shall ensure that the vehicle is cleansed and disinfected without delay in accordance with–

• (a) the conditions of the licence; and

• (b) any additional directions an inspector may give by serving a notice on that person.

• (3) But this paragraph does not apply in any part of a restricted zone which is also part of protection zone, surveillance zone or vaccination zone.

Slaughter of susceptible animals in a restricted zone

2

Where a susceptible animal is moved to a slaughterhouse 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) No person shall 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 susceptible animals).

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

• (a) do so in a 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 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) No person shall 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 BSE 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 susceptible animals 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 and if, having made reasonable inquiries, the owner cannot be ascertained, the inspector may arrange for its destruction.

Control of animal gatherings and gatherings of people in a restricted zone

6

• (1) Subject to sub paragraph (4), no person shall–

• (a) hold any animal gathering which includes susceptible animals in a restricted zone;

• (b) collect or distribute susceptible animals in a restricted zone for such an event; or

• (c) hold any gathering of people on premises in a restricted zone in connection with the sale of any susceptible animal kept there at which more than two people (other than the owner or keeper of the animal and that person's representatives) are present,

except under the authority of a licence granted by the Scottish Ministers.

• (2) Subject to sub paragraphs (3) and (4), no person shall hold or take part in the following activities in a restricted zone–

• (a) hunting any drag or other trail;

• (b) stalking; or

• (c) shooting deer,

except under the authority of a licence granted by the Scottish Ministers.

• (3) Nothing in sub paragraph (2) shall make it unlawful for the occupier of any land, members of the occupier's household, persons employed by the occupier as beaters and any member of a shooting party of not more than three persons authorised by the occupier to shoot deer found on that land.

• (4) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.

Shearing or dipping of sheep in a restricted zone

7

• (1) Subject to the provisions of this article, no person shall–

• (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 the occupier's employees (other than any person employed by the occupier primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.

• (3) For the purposes of 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 susceptible animals in a restricted zone

8

• (1) Subject to the provisions of this paragraph, no person shall carry out ultrasound scanning, clipping, foot paring, freeze branding or other livestock service of susceptible animals in a protection zone or a surveillance zone except where authorised by a licence granted by an inspector.

• (2) The prohibition in sub paragraph (1) shall not apply to the occupier of any premises or the occupier's employees (other than any person employed by the occupier primarily for the purpose of carrying out the livestock service in question) in respect of the carrying out of ultrasound scanning clipping, foot paring, freeze branding or other livestock service of susceptible animals kept on those premises using 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 any susceptible animal, fodder, used litter or thing liable to spread disease is moved there again.

SCHEDULE 7 — Measures applicable in a wild animal infected zone

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

1

Any person who kills a wild susceptible animal or finds such an animal dead in a wild animal infected zone shall notify an authorised veterinary inspector of that fact.

Record keeping in a wild animal infected area

2

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

Isolation of susceptible animals in a wild animal infected zone

3

The occupier of any premises in a wild animal infected zone keeping susceptible animals shall ensure that–

• (a) susceptible animals are kept in their living quarters or otherwise isolated so far as reasonably practicable from contact with wild animals; and

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

Movement of susceptible animals in a wild animal infected zone

4

No person shall move any susceptible animal on or off premises in a wild animal infected zone except under the authority of a licence granted by the Scottish Ministers.

Cleansing and disinfection in a wild animal infected zone

5

• (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 susceptible animals are kept in accordance with the directions of an inspector.

• (2) Any person coming into contact with a wild susceptible animal shall cleanse and disinfect themselves and launder their clothing so far as reasonably practicable after such contact.

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

6

No person shall bring the following on to premises keeping susceptible animals in a wild animal infected zone–

• (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

7

No person shall 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 8 — Horses

Movement of horses

1

Where a case of the disease has been confirmed in Scotland in accordance with article 11(11), or in any other part of the United Kingdom in accordance with the relevant provisions applying in that other part, no person shall dispatch any horse from Scotland to a Member State unless accompanied by an animal health certificate as published by the Scottish Ministers from time to time and an identification document as provided for in Commission Implementing Regulation (EU) 2015/262 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation).

2

Where a supplementary movement control zone has been declared under article 18(1), no person shall move any horse from suspect, contact or infected premises except under the authority of a licence granted by the Scottish Ministers.

3

Where a protection zone or surveillance zone has been declared under article 30 or 31, no person shall move any horse from any premises except under the authority of a licence granted by the Scottish Ministers.

4

A licence may only be granted under paragraphs 2 and 3 if, having regard to the terms of the licence, the grant of the licence is in accordance with the requirements of Annex VI of the Directive, reading that Annex as if—

• (a) in paragraph 1—

• (i) the reference to “Article 10” of the Directive was a reference to provision in this Order implementing that Article,

• (ii) for the words “Member States”, in the first place where they occur to “to other”, there were substituted “ equidae are not to be dispatched to ”,

• (iii) for the words from “the identification” to “or 2000/68/EC” there were substituted “ an identification document in accordance with Commission Implementing Regulation (EU) 2015/262 ”,

• (iv) for the words from “provided for” in the second place they occur to the end there were substituted “ published by the Scottish Ministers from time to time ”,

• (b) in paragraph 2.1—

• (i) the reference to “the competent authorities apply a complete stand-still as provided for in Article 7(3)” of the Directive was a reference to the Scottish Ministers declaring a supplementary movement control zone under article 18 of this Order,

• (ii) the reference to “Articles 4 and 10” of the Directive was as a reference to provision in this Order implementing those Articles,

• (c) in point 2.1.4, as if for the words from “Decisions” to the end there were substituted “ Commission Implementing Regulation (EU) 2015/262 ”,

• (e) in point 2.2.2, the words “established in accordance with Article 21” were omitted,

• (f) in point 2.2.4, the reference to “Articles 4 and 10” of the Directive was as a reference to provision in this Order implementing those Articles

SCHEDULE 9 — Restocking of premises

General principles

1

Restocking shall not commence until 21 days after final disinfection of the premises in accordance with Schedule 1.

2

Paragraphs 3 to 7 apply subject to paragraphs 8 and 9.

3

Animals for restocking may only be introduced under the following conditions–

• (a) the animals shall not come from a temporary control zone, protection zone, surveillance zone or vaccination zone;

• (b) the Scottish Ministers must have confirmed by notice served on the occupier that they are satisfied that no residual disease virus can be detected in the animals on the basis of clinical signs (for bovine animals or swine) or laboratory investigations (for other species);

• (c) the animals shall either–

• (i) originate in and come from premises where there has been no confirmed case of the disease within 10km for at least 30 days; or

• (ii) have been tested with negative results in an assay for the detection of antibodies against the disease virus carried out on samples taken prior to restocking.

4

During restocking, animals shall be introduced into all units and buildings of the premises.

5

No susceptible animal shall leave the premises until all introduced animals have undergone the examination and test in paragraph 7 with negative results.

6

• (1) Subject to sub paragraph (2), each animal shall–

• (a) be subject to clinical inspection every 3 days for the first 14 days following its introduction; and

• (b) during the period from 15 to 28 days after its introduction, be subject to clinical inspection once per week.

• (2) If no infected premises have been declared within 10km of any premises for at least 3 months before the commencement of restocking, the Scottish Ministers may, by notice served on the occupier of those premises, except those premises from the requirements of sub paragraph (1).

7

Not earlier than 28 days after the last introduction, each animal shall be clinically examined and samples tested for the presence of antibodies against the disease virus.

Restocking of premises in a vaccination zone

8

Instead of restocking in accordance with paragraphs 3 to 7, premises in a vaccination zone may be restocked if the following conditions are satisfied–

• (a) a veterinary inspector has, within the 24 hours prior to introduction, carried out a clinical examination on every susceptible animal on every premises of origin of an animal to be introduced without having identified signs of the disease;

• (b) no animal to be introduced shall have come from a protection zone or surveillance zone; and

• (c) every animal to be introduced has been tested for antibodies against the disease by a veterinary inspector after the end of its incubation period with negative results or a serological survey has been completed by a veterinary inspector on the animals to be introduced with negative results.

Restocking of premises outside a vaccination zone with vaccinated animals: surveillance

9

Where any vaccinated animal is to be introduced to premises outside a vaccination zone–

• (a) it shall not be subject to paragraphs 3 to 7; and

• (b) if the proportion of vaccinated animals in the animals to be introduced is 75% or greater, then not earlier than 28 days after the last introduction of susceptible animals, the Scottish Ministers shall ensure that the vaccinated animals are randomly tested for the detection of antibodies against non-structural proteins.

Movement of susceptible animals during restocking

10

During restocking, no person shall move a susceptible animal from the premises.

Completion of restocking

11

The Scottish Ministers shall declare the completion of restocking by notice served on the occupier if–

• (a) every introduced unvaccinated animal on the premises has undergone the examination and test in paragraph 7 with negative results and, where paragraph 9(b) applies, the tests in that sub paragraph have been carried out with negative results; or

• (b) the conditions in paragraph 8 are satisfied.

SCHEDULE 10 — Orders Revoked

Orders revoked	References	Extent of revocation
The Foot-and-Mouth Disease Order 1983	S.I. 1983/1950	The Order insofar as it applies to Scotland.
The Foot-and-Mouth Disease Order (Amendment) (No. 2) Order 1993	S.I. 1993/3119	The Order insofar as it applies to Scotland.
The Foot-and-Mouth Disease (Amendment) (Scotland) Order 2001	S.S.I. 2001/52	The whole Order
The Foot-and-Mouth Disease (Amendment) (No. 2) (Scotland) Order 2001	S.S.I. 2001/55	The whole Order
The Foot-and-Mouth Disease (Amendment) (No.3) (Scotland) Order 2001	S.S.I. 2001/101	The whole Order
The Abolition of Intervention Board for Agricultural Produce (Consequential Provisions) (Scotland) Regulations 2001	S.S.I 2001/390	Regulation 3(1)
The Disease Control (Interim Measures) (Scotland) Order 2002	S.S.I. 2002/34	Article 12

Signed

ROSS FINNIE — A member of the Scottish Executive — 6th February 2006

Explanatory note

(This note is not part of the Order)

Footnotes

Editorial notes