The Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006

• (ii) in vitro for the examination of samples of human or animal origin (with the exception of donated organs or blood), and

• (iii) solely or principally with a view to the diagnosis of a physiological state, state of health, disease or genetic abnormality or to determine safety and compatibility with reagents.

• (3) In this paragraph—

• (a) contact premises means any premises declared to be contact premises under article 14(2) of the Order; and

• (b) suspect premises means any premises declared to be suspect premises under article 12(7) or 14(1) of the Order.

• (4) In this paragraph, the expressions “susceptible animals originating in”, in respect of a protection zone or a surveillance zone, or “susceptible animals originating on” in respect of infected premises mean—

• (a) susceptible animals kept in the protection zone or surveillance zone (after the declaration of the zone) or on the infected premises, as the case may be; and

• (b) susceptible animals which were kept within the boundaries of the protection zone or surveillance zone or on the infected premises at any time during the period—

• (i) beginning 21 days before the following date—

• (aa) in the case of a protection zone, the earliest infection date on premises there,

• (bb) in the case of a surveillance zone, the earliest infection date on premises in the associated protection zone,

• (cc) in the case of infected premises, the infection date; and

• (ii) ending with the declaration of the protection zone, surveillance zone or infected premises, as the case may be.

• (5) In this paragraph, the expressions “susceptible animals originating in”, in respect of a temporary control zone, or “susceptible animals originating on”, in respect of suspect premises or contact premises mean—

• (a) susceptible animals kept in the temporary control zone (after the declaration of the zone) or on the suspect premises or contact premises, as the case may be; and

• (b) susceptible animals which were kept within the boundaries of the temporary control zone or on the suspect premises or contact premises at any time during the period—

• (i) beginning 21 days before the declaration of the temporary control zone or suspect premises or contact premises, as the case may be, and

• (ii) ending with that declaration.

• (6) In this paragraph, “infection date” means, in respect of any premises, the date confirmed by the Chief Veterinary Officer of the Department for Environment, Food and Rural Affairs under article 12(10) of the Order as the earliest date disease was present there.

Transport, treatment and distribution of dung and manure

18

• (1) This paragraph applies to dung or manure from premises in a vaccination zone where susceptible animals are kept.

• (2) No person shall transport dung or manure to which this paragraph applies unless such transport complies with sub-paragraph (3), (5) or (7), and with sub-paragraph (10).

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

• (4) The occupier of any premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) shall ensure that it is treated in accordance with—

• (a) Articles 15 and 32 of Regulation (EC) No. 1069/2009 of the European Parliament and of the Council; and

• (b) Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council.

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

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

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

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

• (6) No person shall spread dung or manure to which this paragraph applies unless such spreading is authorised by an inspector and the dung or manure—

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

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

• (c) is immediately incorporated into the ground.

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

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

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

• (c) before the grant of the licence a veterinary inspector clinically inspected all susceptible animals on the premises where the dung or manure 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 (5), (6) or (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 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 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 marked with mud, dung, manure or similar matter on leaving the premises of origin or the premises of destination;

• (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.

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 Regulations)

These Regulations transpose for England Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease (OJ No. L306, 22.11.2003, p1) insofar as it deals with vaccination against foot-and-mouth disease.

The other measures transposing Directive 2003/85/EC in England are the Animal Health Act 1981 (Amendment) Regulations 2005 (S.I. 2005/3475) and the Foot-and-Mouth Disease (England) Order 2006 (S.I. 2006/182) (“the 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) (“the Act”).

The Regulations revoke the Foot-and-Mouth Disease (Infected Areas) (Vaccination) Order 1972 (S.I. 1972/1509) insofar as it applies in England and the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2001 (S.I. 2001/2375).

Part 1 of the Regulations contains introductory and interpretation provisions.

Part 2 makes provision for a programme of vaccination against foot-and-mouth disease.

Regulation 8 requires vaccination to be carried out under licence unless it is carried out as scientific research.

Regulation 9 sets out the factors the Secretary of State must consider when deciding whether to permit vaccination and regulation 10 requires such a decision to be in writing and to contain specified information.

Regulation 11 provides for the effect of a licence permitting vaccination.

Regulations 12 to 16 apply when a programme of protective vaccination (defined in regulation 2, commonly referred to as “vaccination to live”) is undertaken. They provide for the declaration of a vaccination zone and a vaccination surveillance zone. Regulation 15 and the Schedule provide for the measures applying in a vaccination zone. The requirements in the Schedule for treatment of products originating in or produced in a vaccination zone should be read with Schedule 6 of the Order. The measures applying in a vaccination zone vary according to the phase of the vaccination programme; the commencement and ending of phases are also provided for in regulation 15. Regulation 16 provides for the measures applying in a vaccination surveillance zone.

Regulation 17 extends the power to vaccinate animals in section 16 of the Act and, consequentially, the effect of other provisions of the Act relating to vaccination.

Regulation 18 requires keepers of animals to facilitate their vaccination and controls movement of animals from premises where vaccination is being undertaken.

Regulation 19 provides for identification of vaccinated animals by means of an eartag at the time of vaccination. Regulation 20 requires cattle passports and registration certificates to be marked to identify the animal as vaccinated. Regulation 21 provides for removal of eartags and missing eartags. Regulation 22 prohibits the sale or sending for slaughter of a vaccinated animal unless it is identified as such. Regulations 23 and 24 provide for animals which were to have been included in a vaccination programme but were not vaccinated and for their carcases. Regulation 24 also makes provision for the treatment of carcases which come from a vaccinated animal but are not being dealt with accordingly.

Regulation 25 provides for the survey of premises during phase 2 of a programme of protective vaccination and their classification according to the results of that survey. Regulation 26 provides for the measures applying to premises classified during the survey as “reactor premises”. The requirements for cleansing and disinfection and restocking of reactor premises should be read with Schedules 3 and 4 of the Order.

Regulation 27 requires the local authority to erect signs indicating the boundaries of vaccination zones and vaccination surveillance zones.

Regulation 28 prohibits the sending of vaccinated animals for intra-Community trade.

Part 3 makes general and supplementary provision

Regulation 29 requires occupiers to provide facilities, equipment and materials where cleansing and disinfection of vehicles is required on their premises.

Regulation 30 makes provision to maintain marks applied under the Regulations.

Regulation 31 provides for the feeding and tending of animals or poultry which cannot be moved on termination of a right of occupation because of a restriction imposed by the Regulations.

Regulations 32 to 38 and 40 to 43 make provision related to offences and enforcement. In particular, regulation 37 applies provisions of the Act related to offences as if the Regulations were an Order made under the Act; consequentially, failure to comply with the Regulations is an offence under section 73 of the Act (regulation 37(1)(g)). Regulation 37(3) provides for penalties.

Regulation 39 confers general powers on veterinary inspectors to take action to prevent spread of disease.

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 these Regulations. 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