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

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

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

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

• (9) Any licence granted under sub-paragraph (6) or (8) 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 susceptible animals are kept 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 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 the premises of destination; and

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

SCHEDULE 6 — Treatments to ensure the destruction of disease virus

PART 1 — 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 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 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 of 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 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 point 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 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 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 protection zone has been amended in accordance with article 37 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 for human consumption fall within this paragraph if they are produced from milk which has undergone one of the treatments in sub-paragraph (1).

Milk and milk products not intended for human consumption

14

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

• (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 7 — Measures applicable in respect of a restricted zone

Movement of susceptible animals in a restricted zone

1

• (1) Subject to sub-paragraph (3), 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.

• (2) The person in charge of any vehicle used to move susceptible animals under such a licence shall ensure that it is cleansed and disinfected in accordance with article 45.

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

Slaughter of susceptible animals in a restricted zone

2

Where a susceptible animal is moved to a slaughterhouse in a restricted zone, the occupier of the slaughterhouse 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 where susceptible animals are kept).

• (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 intended for disposal) from premises in a restricted zone other than a slaughterhouse except under the authority of a licence granted by an inspector.

• (2) The carcase of a deer which has been culled 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.

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

6

• (1) Subject to sub-paragraph (5), no person shall—

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

• (b) 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 his representatives) are present,

except under the authority of a licence granted by the Secretary of State.

• (2) Subject to sub-paragraph (5), no person shall hold or take part in the following activities in a restricted zone—

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

• (b) stalking,

except under the authority of a licence granted by the Secretary of State.

• (3) Subject to sub-paragraphs (4) and (5), no person shall shoot deer except under the authority of a licence granted by the Secretary of State.

• (4) The occupier of any 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) 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-paragraphs (2) and (4), 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) does not apply to the occupier of any premises or his employees (other than any 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-paragraphs (2) and (3), no person shall carry out ultrasound scanning of sheep in a restricted zone except under the authority of a licence granted by an inspector.

• (2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his 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 any 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 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 the Secretary of State of that fact.

Record keeping in a wild animal infected zone

2

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

• (a) susceptible animals are 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 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 from or to premises in a wild animal infected zone except under the authority of a licence granted by the Secretary of State.

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 himself and launder his clothing as soon 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 in a wild animal infected zone where susceptible animals are 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

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 9 — 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 in England.
The Foot-and-Mouth Disease Order (Amendment) (No.2) Order 1993	S.I. 1993/3119	The Order insofar as it applies in England.
The Foot-and-Mouth Disease (Amendment) (England) Order 2001	S.I. 2001/571	The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.2) Order 2001	S.I. 2001/680	The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.3) Order 2001	S.I. 2001/974	The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.4) Order 2001	S.I. 2001/1078	The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.4) (Amendment) Order 2001	S.I. 2001/1241	The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.5) Order 2001	S.I. 2001/1407	The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.6) Order 2001	S.I. 2001/1514	The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.7) Order 2001	S.I. 2001/1862	The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.8) Order 2001	S.I. 2001/2238	The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.9) Order 2001	S.I. 2001/2735	The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.10) Order 2001	S.I. 2001/2814	The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.11) Order 2001	S.I. 2001/2994	The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.12) Order 2001	S.I. 2001/3140	The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.13) Order 2001	S.I. 2001/3722	The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.14) Order 2001	S.I. 2001/4029	The whole Order

Signed

Ben Bradshaw — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 2006-01-30

Explanatory note

(This note is not part of the Order)

This Order, read with the Animal Health Act 1981 (c. 22, amended by the Animal Health Act 1981 (Amendment) Regulations 1992 (S.I. 1992/3293), the Animal Health Act 2002, c. 42, and the Animal Health Act 1981 (Amendment) Regulations 2005 (S.I. 2005/3475)) (“the Act”), partially transposes for England 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 (OJ No. L306, 22.11.2003, p1). The other measures transposing the Directive in England are the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006 (S.I. 2006/183) and the Animal Health Act 1981 (Amendment) Regulations 2005.

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

It revokes the Foot-and-Mouth Disease Order 1983 (S.I. 1983/1950) insofar as it applies in England. It also revokes the amendments to that Order. Schedule 9 lists these instruments.

Part 1 of the Order contains introductory and interpretation provisions.

Part 2 makes provision for notification, suspicion and investigation of the disease.

Articles 9 and 10 provide for notification of the disease or suspicion of it. Schedule 1 contains the restrictions which apply in relation to premises under suspicion.

Article 11 relates to animals in transit which are known or suspected of infection or contamination with the disease.

Article 12 provides for veterinary investigation into the disease using the criteria in Schedule 2 to confirm the existence or absence of disease. Consequent on that investigation, article 13 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, article 14 requires the Secretary of State 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 (article 15).

Articles 16 to 18 provide for the declaration of a temporary control zone on suspicion of the disease and for the measures applying within that zone. Articles 19 and 20 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 3 sets out the measures applying following confirmation of the disease.

Article 21 requires the Secretary of State to trace items from infected premises which may spread disease and provides for their treatment or disposal. The Act imposes a duty on the Secretary of State to slaughter animals on infected premises, with exceptions, and confers power to slaughter other animals to prevent the spread of the disease (paragraphs 2A and 3 of Schedule 3 to the Act). Articles 22 to 30 provide for the circumstances relating to such slaughter, including the place of slaughter (article 24), movement and disposal of carcases and faecal material (respectively articles 25 and 26), isolation of things which may spread the disease until they have been certified as free of contamination, treated or disposed of (article 27), cleansing and disinfection of the premises (articles 28 and 29 and Schedule 3) and restocking of the premises (article 30 and Schedule 4).

Articles 31 to 33 provide for the declaration of protection and surveillance zones around infected premises. In particular, article 32 provides for an outbreak in Scotland or Wales close to the border with England. Article 34 and Schedule 5 set out the measures which apply in those zones. Article 35 requires the Secretary of State to investigate every premises keeping susceptible animals in such a zone. Article 36 confers power on an inspector appointed under the Act to prohibit access to land or buildings in a protection zone. Article 37 sets out the circumstances in which protection and surveillance zones may be brought to an end.

Article 38 provides for the declaration of a restricted zone on confirmation of the disease; article 39 and Schedule 7 provide for the measures applying there.

Article 40 provides for the declaration of a wild animal infected zone on confirmation of the disease in a wild animal; article 41 and Schedule 8 provide for the measures applying there.

Part 4 makes general and supplementary provision.

Article 42 applies after specified movements and requires licences to be produced before animals are unloaded and that those licences are forwarded to the local authority.

Article 43 requires the Secretary of State to take steps to prevent spread of the disease to certain premises (such as premises keeping rare breeds).

Article 44 requires the local authority to erect signs indicating the perimeters of zones declared under the Order.

Article 45 sets out the method to be used when cleansing and disinfecting vehicles transporting susceptible animals. Article 46 requires occupiers to provide facilities, equipment and materials where cleansing and disinfection of vehicles is required on their premises.

Article 47 makes provision to maintain marks applied under the Order.

Article 48 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 Order.

Articles 49 to 54 and 56 to 59 make provision related to offences and enforcement. Article 55 confers general powers on veterinary inspectors to take action to prevent spread of the disease.

Articles 60 to 62 make consequential amendment to other statutory instruments.

Article 63 revokes the statutory instruments in Schedule 9 insofar as they apply in England.

Failure to comply with this Order is an offence under section 73 of the Act.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the library of each House of Parliament, together with a Transposition Note setting out how the main elements of Directive 2003/85/EC are transposed in this Order. Copies may be obtained from the Department for Environment, Food and Rural Affairs, Exotic Disease Prevention and Control Division, 1A Page Street, London SW1P 4PQ.

Footnotes

Editorial notes

Diagnostic tests

20A

• (1) The national reference laboratory must use the diagnostic tests in the OIE manual which constitute the reference tests for vesicular disease diagnosis.

• (2) The use of a test not included in the OIE manual is permitted only when the performance of the test in question demonstrates that it matches or exceeds the sensitivity and specificity parameters set down in—

• (a) the OIE manual; or

• (b) national accreditation standards.

Contingency plans and exercises

55A

• (1) The Secretary of State must carry out alert exercises in real time ..., either—

• (a) on two occasions within a five-year period following the date of the last confirmed case, the first of which must occur no later than three years after the approval of the plan; or

• (b) in the case of a major epizootic disease outbreak which was successfully controlled and eradicated, once during the five-year period following the conclusion of that outbreak.

Powers of inspectors in case of default

Offences by bodies corporate

Offences: no knowledge of restriction or requirement

Enforcement

Biosecurity standards for laboratories handling live foot-and-mouth disease virus

59A

• (1) All laboratories handling live foot-and-mouth disease virus must be authorised by a licence under the Specified Animal Pathogens Order 2008 and operate in accordance with the conditions of that licence.

• (2) Laboratories handling live foot-and-mouth disease virus must be—

• (a) designated by the Secretary of State as the national reference laboratory for foot-and-mouth disease; or

• (b) specifically authorised by the Secretary of State for the handling of live foot-and-mouth disease virus.