The Bluetongue Regulations 2008

Made: 2nd April 2008

Laid before Parliament: 4th April 2008

Coming into force: 26th April 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and paragraph 1A of Schedule 2 to that Act[^f00004].

PART 1 — Introduction

Title, application and commencement

1

These Regulations may be cited as the Bluetongue Regulations 2008; they apply in England and come into force on 26th April 2008.

Interpretation

2

• (1) In these Regulations—

• “animal” means a ruminating animal or a camelid;

• “border control post” means a place designated by the competent authority for the performance of official controls under Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products ;

• “carcase” means the carcase of an animal;

• “control zone” means a zone referred to in regulation 12;

• “germinal product” means the embryo, ovum or semen of an animal;

• “inactivated vaccines” means vaccines that are not live attenuated vaccines;

• “infected premises” means premises on which the existence of bluetongue has been confirmed;

• “inspector” means an inspector appointed as such by the Secretary of State or a local authority for the purpose of these Regulations and, unless the context otherwise requires, includes a veterinary inspector;

• “live attenuated vaccines” means vaccines which are produced by adapting bluetongue virus field isolates through serial passages in tissue culture or in embryonated hens’ eggs;

• “local authority” means—in a part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994, a unitary authority for that local government area, that authority;where there is not a unitary authority—in a metropolitan district, the council of that district;in a non-metropolitan county, the council of that county;in each London borough, the council of that borough;in the city of London, the Common Council;where there is a port health authority, that authority;

• “midge” means an insect of the genus Culicoides;

• “premises” includes any any land, building or other place;

• “regulated place” means a slaughterhouse or border control post;

• “vaccine” means vaccine against bluetongue virus; and

• “veterinary inspector” means a person appointed as such by the Secretary of State for the purposes of these Regulations.

• (2) Any authorisation, licence, notice or designation under these Regulations must be in writing, may be subject to conditions and may be amended, suspended or revoked ... at any time.

Exemptions

3

These Regulations do not apply to—

• (a) anything a person is authorised to do by licence granted under the Specified Animal Pathogens Order 2008;

• (b) administration of a vaccine for research purposes in accordance with an animal test certificate granted under the Veterinary Medicines Regulations 2011.

Licences

4

• (1) A person moving anything under the authority of a specific licence granted under these Regulations must—

• (a) carry the licence or a copy of it at all times during the licensed movement;

• (b) on demand by a veterinary inspector or other officer of the Secretary of State or by an inspector, produce the licence or copy and allow a copy or extract to be taken.

• (2) A person moving anything under the authority of a general licence granted under these Regulations must—

• (a) carry, at all times during the movement, a consignment note that contains details of—

• (i) what is being transported, including the quantity;

• (ii) the date of the movement;

• (iii) the name of the consignor;

• (iv) the address of the premises from which the movement started;

• (v) the name of the consignee;

• (vi) the address of the premises of destination;

• (b) on demand by an inspector or an officer of the Secretary of State, produce the consignment note and allow a copy or extract to be taken.

Licences granted outside England

5

Except where otherwise directed by the Secretary of State and except in respect of a licence to obtain vaccine or a licence to vaccinate, licences granted in Scotland or Wales for activities which could be licensed in England under these Regulations have effect in England as if they were licences granted under these Regulations.

Declarations of zones

6

Declarations of zones—

• (a) must be in writing;

• (b) may be amended by further declaration at any time;

• (c) must designate the extent of the zone being declared; and

• (d) may only be revoked by further declaration.

Premises straddling zones

7

• (1) Premises partly inside a temporary control zone and not inside any other zone are treated as being inside the temporary control zone.

• (2) Premises partly inside a control zone are treated as being inside that zone.

• (3) Premises partly inside a vaccination zone are treated as being inside that zone.

• (4) Otherwise—

• (a) if a restricted zone has been divided into a protection zone and a surveillance zone premises partly inside the protection zone and partly inside the surveillance zone are treated as being inside the protection zone;

• (b) premises partly inside a restricted zone and partly inside an area that does not have controls for bluetongue are treated as being inside the restricted zone; and

• (c) premises partly inside a restricted zone and partly inside a temporary control zone are treated as being inside the temporary control zone.

PART 2 — Suspected and confirmed bluetongue

Initial requirements where bluetongue is known or suspected

8

• (1) The owner or keeper of any animal or carcase, or any person who examines or inspects any animal or carcase, who knows or suspects that the animal or carcase is infected with bluetongue, must—

• (a) immediately notify the Secretary of State; and

• (b) not move any animal or carcase on or off the premises where the animal or carcase known to be or suspected of being diseased is located, except as authorised by an inspector.

• (2) A person who analyses a sample taken from any animal or carcase and who finds evidence of antibodies to, or antigens or nucleic acids of, the bluetongue virus or any evidence of vaccination for bluetongue must immediately notify the Secretary of State.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspected or infected premises

9

• (1) If the presence of bluetongue or bluetongue virus is suspected or confirmed at any premises, a veterinary inspector or inspector acting under the instructions of a veterinary inspector may serve a notice on the occupier or keeper of those premises, prohibiting the movement of animals or germinal products to or from the premises except in accordance with a licence.

• (2) A notice served under paragraph (1) may impose the following requirements on the occupier or keeper—

• (a) to make and maintain daily, an inventory of all animals and germinal products on the premises, recording, for each species—

• (i) the total number of animals;

• (ii) the total number and type of germinal products;

• (ii) the number of animals or germinal products affected or suspected of being affected with bluetongue or bluetongue virus;

• (iii) the number of animals which die or germinal products which are destroyed;

• (iv) the number and destination of any animals or germinal products which are moved from the premises;

• (b) to keep a record of the inventory for a minimum period of two years from the date on which notice is served;

• (c) to ensure all animals are kept indoors, or in accordance with the instructions of a veterinary inspector or inspector acting under the instructions of a veterinary inspector;

• (d) to subject animals on the premises to the midge control measures specified in the notice.

• (3) A licence granted under paragraph (1) must impose such conditions on the movement of animals or germinal products as a veterinary inspector or a veterinary inspector acting under the instructions of a veterinary inspector considers necessary to prevent the spread of bluetongue virus.

• (4) A veterinary inspector or inspector acting under the instructions of a veterinary inspector may—

• (a) serve a notice under paragraph (1) on the occupier of premises or keeper of animals on those premises if the veterinary inspector or inspector acting under the instructions of a veterinary inspector suspects that animals on the premises have been exposed to bluetongue virus;

• (b) include such of the measures in paragraph (2) as are considered necessary to prevent the spread of bluetongue virus

Temporary control zones

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• (1) If an inspector suspects that the bluetongue virus exists on any premises, the Secretary of State may declare a temporary control zone.

• (2) When a temporary control zone has been established in Wales or Scotland which touches the border with England the Secretary of State may establish an associated temporary control zone in England.

• (3) The location and size of the temporary control zone is to be such as the Secretary of State considers appropriate to prevent the spread of disease.

• (4) Where a temporary control zone has been established, no person may move any animal or germinal product on to or off premises in the zone except in accordance with a licence issued by a veterinary inspector or by an inspector or officer of the Secretary of State acting under the instructions of a veterinary inspector.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Confirmation of bluetongue on premises

11

• (1) Once a veterinary inspector is satisfied that bluetongue exists on any premises, a veterinary inspector or by an inspector acting under the instructions of a veterinary inspector may serve a notice on the occupier or the keeper of any animals on those premises—

• (a) confirming the existence of bluetongue on the premises; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A notice under paragraph (1) may notify the occupier that (notwithstanding regulation 8) it is unnecessary to notify any further suspected cases of bluetongue on the premises to a veterinary inspector.

Measures on confirmation of the bluetongue virus

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• (1) If the Chief Veterinary Officer confirms that the bluetongue virus is circulating in England, the Secretary of State, on being satisfied ... that this is appropriate for disease control purposes, may declare an area to be a control zone.

• (2) The control zone must include the infected premises, and be of such size as the Secretary of State considers appropriate for disease control purposes.

• (3) No person may move an animal or germinal product to or from premises in a control zone except in accordance with a licence issued by a veterinary inspector or by an inspector acting under the instructions of a veterinary inspector.

Restrictions in protection and surveillance zones

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• (1) If the Chief Veterinary Officer confirms that the bluetongue virus is circulating in England the Secretary of State—

• (a) may declare an appropriate area to be a restricted zone;

• (b) may, within a restricted zone, declare any area around an infected premises to be a protection zone, and any area beyond such protection zone to be a surveillance zone;

• (1A) A surveillance zone declared by the Secretary of State must not contain any land where animals have been vaccinated with live attenuated vaccines against bluetongue within the last 12 months.

• (1B) No person may vaccinate against bluetongue using live attenuated vaccine in a surveillance zone declared under this regulation.

• (2) No person may move an animal, or germinal product out of a restricted zone except under the authority of a licence granted by a veterinary inspector or by an inspector or officer of the Secretary of State acting under the direction of a veterinary inspector.

• (3) No person may move an animal or germinal product out of a protection or surveillance zone except under the authority of a licence granted by a veterinary inspector or by an inspector or officer of the Secretary of State acting under the direction of a veterinary inspector.

• (3A) A declaration under paragraph (1) may include a prohibition on the movement of animals or germinal products onto or from premises within a zone, except under the authority of a licence granted by a veterinary inspector or by an inspector or officer of the Secretary of State acting under the direction of a veterinary inspector

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) A person is prohibited from moving an animal within a restricted zone if the animal shows clinical signs of bluetongue on the day of transport.

Slaughterhouses

14

• (1) The Secretary of State may designate a slaughterhouse for the purpose of slaughtering animals moved in accordance with these Regulations.

• (2) If an animal is transported from a restricted zone to a slaughterhouse outside that restricted zone in accordance with a licence, the operator of the slaughterhouse must slaughter the animal within 24 hours of arrival.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subsequent movement of animals

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• (1) Following the movement of an animal or germinal product from premises within a temporary control zone, protection zone, surveillance zone, control zone or restricted zone, a veterinary inspector or inspector acting under the direction of a veterinary inspector may by notice served on the occupier of premises to which the animal or germinal product has been moved—

• (a) prohibit the movement of that animal or germinal product off the premises to which the animal or germinal product has been moved;

• (b) prohibit the movement of any other animal or germinal product on to or off such premises;

• (c) specify such requirements as are considered by a veterinary inspector to be necessary in order to prevent the spread of disease.

• (2) A movement prohibited by a notice under paragraph (1) may be authorised under a licence issued by a veterinary inspector or by an inspector or officer of the Secretary of State acting under the direction of a veterinary inspector.

Bluetongue outside England

16

If bluetongue is confirmed outside England and the Secretary of State considers it appropriate for disease control purposes, the Secretary of State may declare in England a temporary control zone, a control zone, a protection zone, a surveillance zone or a restricted zone (which may be made up of a protection zone and a surveillance zone).

PART 3 — Vaccination

Obtaining vaccine

17

No person other than the holder of a marketing authorisation, a manufacturing authorisation or a wholesale dealer’s authorisation granted by the Secretary of State under the Veterinary Medicines Regulations 2013 may obtain vaccine except for the purpose of enabling the use of vaccines under regulation 19.

Prohibition on vaccination

18

No person may vaccinate an animal against bluetongue except in accordance with regulation 19.

Compulsory vaccination

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• (1) The Secretary of State may grant a specific or general licence permitting the use of inactivated or live attenuated vaccines against bluetongue in accordance with this regulation.

• (2) The Secretary of State may declare a vaccination zone in which any occupier of premises or keeper of animals must ensure the vaccination of their animals with inactivated or live attenuated vaccines and comply with any other measures related to either vaccination or vaccine specified in that declaration.

• (3) Where a zone is declared under paragraph (2), a veterinary inspector or by an inspector or officer of the Secretary of State acting under the direction of a veterinary inspector may serve a notice on the occupier of premises or the keeper of animals on premises requiring that occupier or keeper to ensure the vaccination with inactivated or live attenuated vaccines of animals at the premises.

• (4) The Secretary of State may only grant a licence under paragraph (1) or declare a zone under paragraph (2) if—

• (a) the decision to use the vaccine is based on the result of a specific risk assessment carried out by the Secretary of State; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Whenever live attenuated vaccines are to be used, the Secretary of State must declare—

• (a) a protection zone consisting of at least the vaccination area; and

• (b) a surveillance zone extending beyond the limits of the protection zone in which no animals have been vaccinated with live attenuated vaccines against bluetongue within the last 12 months.

• (6) No person may vaccinate against bluetongue using live attenuated vaccine in a surveillance zone declared under this regulation.

PART 4 — Inspection, offences and enforcement

Powers of veterinary inspectors, officers and inspectors

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• (1) On producing, if required, a duly authenticated document showing the required authority, a veterinary inspector or an officer or inspector of the Secretary of State acting under the direction of a veterinary inspector may, at all reasonable hours, enter any premises, vehicle or vessel for the purpose of monitoring or surveillance for the bluetongue virus, antibodies to the bluetongue virus or midges.

• (2) On producing, if required, a duly authenticated document showing the required authority, an inspector or an officer of the Secretary of State may, at all reasonable hours, enter any premises, vehicle or vessel for the purpose of ensuring that these Regulations are being complied with.