The Diseases of Swine Regulations 2014

• (c) in the Welsh text, for regulation 3(8) (anifail, dofednod a chig dan gyfyngiadau:diffiniadau) substitute—

(8) Yn ddarostyngedig i baragraff (9), “cig dan gyfyngiadau” (“restricted meat”) yw cig, sy’n cynnwys cig a ddaeth i gyffyrddiad â chig— (a) a gynhyrchwyd ar neu ar ôl y dyddiad y datganwyd parth gwarchod neu barth goruchwylio, neu ddyddiad cynharach os bydd Gweinidogion Cymru yn pennu’r dyddiad hwnnw at ddibenion rheoli clefydau; (b) sy’n dod o anifail dan gyfyngiadau neu ddofednod dan gyfyngiadau sy’n dod o ardal heintiedig, parth gwarchod neu barth goruchwylio; ac (c) sy’n dod o foch sydd wedi eu brechu er mwyn eu hamddiffyn rhag clwy clasurol y moch am 6 mis (neu unrhyw gyfnod arall a bennwyd).

• (d) in the Welsh text of Schedule 1 (deddfwriaeth clefydau) omit references to Gorchymyn Clwy Clasurol y Moch (Cymru) 2003, Gorchymyn Clwy Affricanaidd y Moch (Cymru) 2003 and Gorchymyn Clefyd Pothellog y Moch 1972, and in paragraph 1 insert “Rheoliadau Clefydau’r Moch 2014”.

• (7) The Products of Animal Origin (Disease Control) (Scotland) Order 2008⁴⁰ is amended as follows—

• (a) for article 4(9) (definition of restricted meat) substitute—

(9) Subject to paragraph (10), “restricted meat” is meat, including meat that has come into contact with meat— (a) produced on or after the date that the protection zone or surveillance zone was declared, or an earlier date where the Scottish Ministers specify such a date for the purpose of disease control; (b) from a restricted animal or restricted poultry that has come from an infected area, a protection zone or a surveillance zone; and (c) from pigs that have been vaccinated to protect them from classical swine fever for 6 months (or any other specified period).

• (b) in Schedule 1 (disease legislation) omit references to the African Swine Fever (Scotland) Order 2003, the Classical Swine Fever (Scotland) Order 2003 and the Swine Vesicular Disease (Scotland) Order 2009, and at paragraph 1 insert “The Diseases of Swine Regulations 2014”.

Review of the Regulations in England

44

• (1) Before the end of each review period, the Secretary of State must—

• (a) carry out a review of these Regulations in England;

• (b) set out the conclusions of the review in a report; and

• (c) publish the report.

• (2) In carrying out the review in England the Secretary of State must, so far as is reasonable, have regard to how—

• (a) Council Directive 92/119/EEC,

• (b) Council Directive 2001/89/EC, and

• (c) Council Directive 2002/60/EC,

are implemented in other member States.

• (3) The report must in particular—

• (a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

• (b) assess the extent to which those objectives are achieved; and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

• (4) The first review period is the period of five years beginning with the date on which these Regulations come into force.

• (5) Each subsequent review period is a period of five years beginning with the date on which the report of the preceding review was published.

SCHEDULE 1 — Measures on suspect, contact and infected premises

Records

1

• (1) The occupier must keep a record of the number of pigs of each category of pig production on the premises.

• (2) The occupier must take all reasonable steps to update the record to show the number of pigs that—

• (a) are alive;

• (b) have died since restrictions under these Regulations were imposed in relation to the premises;

• (c) show clinical signs of illness; and

• (d) have been born since restrictions under these Regulations were imposed in relation to the premises.

• (3) The occupier must keep the record for at least six months after—

• (a) the revocation of the notice served under regulation 7(2), 8(1) or 10(2), or

• (b) the premises cease to be within any zone declared under Part 6 (so far as the declaration applies to the premises),

whichever is the later.

Confinement or isolation of pigs

2

The occupier must ensure that pigs are confined or isolated as directed by a veterinary inspector.

Restriction on movement of pigs

3

A person must not move any pig or carcase on or off the premises except under the authority of a licence granted by a veterinary inspector.

Restriction on removal of any equipment, animal or thing liable to transmit disease

4

A person must not remove from the premises any equipment, animal or any other thing (including genetic material) that may spread disease except under the authority of a licence granted by a veterinary inspector.

Restrictions on spreading pig manure and slurry

5

A person must not spread pig manure or slurry except under the authority of a licence granted by a veterinary inspector.

Cleansing, disinfection and other biosecurity measures

6

The occupier must—

• (a) provide and maintain means of cleansing and disinfection at the entrances to, and exits from, the premises and all buildings on those premises housing pigs; and

• (b) comply with any directions from an inspector concerning such means of cleansing and disinfection and the imposition of other biosecurity measures (including rodent and vector control).

Restriction on movement of vehicles and persons

7

• (1) A person must not—

• (a) enter or leave the premises, or

• (b) move any vehicle to or from the premises,

except under the authority of a licence granted by a veterinary inspector.

• (2) All persons entering or leaving the premises must observe appropriate biosecurity measures that may include cleansing and disinfecting footwear, outer clothing, exposed skin and any possessions they have on them.

• (3) Sub-paragraph (1) does not apply to any movement necessary for the provision of emergency services.

SCHEDULE 2 — Measures in a feral pig investigation or control zone

Requirement to report a carcase of a feral pig found on premises

1

An occupier must—

• (a) report to the appropriate authority as soon as possible the location of any carcase of a feral pig (including where it has been shot by hunters) found on the premises; and

• (b) not move such carcase other than under a licence granted by a veterinary inspector.

Requirements on occupier of premises containing domestic pigs

2

Following confirmation of classical swine fever or African swine fever in a feral pig occupiers of premises containing domestic pigs must ensure that—

• (a) all pigs on premises are kept in a place on the premises where they are isolated from feral pigs;

• (b) no person moves a pig on or off premises except under a licence granted by a veterinary inspector;

• (c) appropriate means of cleansing and disinfection are undertaken;

• (d) all persons entering or leaving the premises must observe appropriate biosecurity measures that include cleansing and disinfecting footwear, outer clothing, exposed skin and any possessions they have on them; and

• (e) vector control is carried out in accordance with any instructions from a veterinary inspector.

3

Following confirmation of swine vesicular disease in a feral pig, the occupier may be required by a veterinary inspector to comply with one or more of the requirements specified in paragraph 2.

Movement of genetic material

4

Following confirmation of classical swine fever or African swine fever in a feral pig, a person must not move pig semen, ova or embryos off the premises unless licensed to do so by a veterinary inspector.

Killing of feral pigs

5

A person must not kill a feral pig unless licensed to do so by a veterinary inspector.

Feeding of feral pigs

6

A person must not feed any feral pig other than in accordance with a licence granted by a veterinary inspector.

SCHEDULE 3

PART 1 — Measures in a protection zone

Movement of pigs in a protection zone

1

A person must not move a pig in a protection zone unless—

• (a) a licence is granted by a veterinary inspector to allow the pig to move from premises outside the protection zone direct to a slaughterhouse situated in the zone for immediate slaughter in accordance with paragraph 2;

• (b) a licence is granted by a veterinary inspector to allow the movement of the pig between two premises within the zone, divided by a public road provided that the two premises would be contiguous except for the public road;

• (c) the movement is allowed under paragraph 3; or

• (d) the pig is transported and remains in a vehicle which must not enter any livestock premises within the zone.

2

A veterinary inspector may license the movement of a pig from outside the protection zone to a designated slaughterhouse inside the zone for immediate slaughter provided that—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the vehicle transporting the pig is thoroughly cleansed and disinfected at the slaughterhouse after the pig has been unloaded.

Movement of pigs off premises in a protection zone

3

A licence may be granted by a veterinary inspector after the expiry of the relevant period specified in the table to this paragraph to allow movement of a pig off premises in a protection zone if directly transported to—

• (a) a designated slaughterhouse;

• (b) a plant where the pig is immediately killed and the carcase is processed in accordance with the Animal By-Products (Enforcement) (England) Regulations 2013⁴¹, the Animal By-Products (Enforcement) (Scotland) Regulations 2013⁴² or the Animal By-Products (Enforcement) (Wales) Regulations 2014⁴³; or

• (c) other premises located in the protection zone, under exceptional circumstances following the approval by the appropriate authority ....

Period that must elapse before movement of a pig off premises in a protection zone may be licensed	Period that must elapse before movement of a pig off premises in a protection zone may be licensed	Period that must elapse before movement of a pig off premises in a protection zone may be licensed	Period that must elapse before movement of a pig off premises in a protection zone may be licensed
Period	African Swine Fever	Classical Swine Fever	Swine Vesicular Disease
At least x days have elapsed since completion of preliminary cleansing and disinfection of infected premises	x = 40	x = 30	x = 21
At least y days have elapsed since the zone has been in place and there are multiple infected premises	y = 40	y = 30	y = 30

Note: In accordance with the Diagnostic Manual, if the appropriate authority has applied an intensive sampling and testing programme making it possible to negate the presence of African swine fever on the premises, the ‘x’ and ‘y’ periods for that disease are reduced to 30 days.

4

A licence may only be granted under paragraph 3 where—

• (a) a veterinary inspector has inspected the pigs on the premises and has individually examined each pig that is to be moved and found no clinical signs suggestive of disease;

• (b) a sufficient number of samples are taken in accordance with the Diagnostic Manual from pigs which are to be slaughtered or killed, in order that the presence of disease in the batch of pigs can be determined; and

• (c) the pigs to be moved are transported in a vehicle sealed by an inspector.

Movement of other animals and persons from premises on which pigs are kept

5

A person must not move any other animal that may carry disease on or off premises in the protection zone on which pigs are kept unless licensed by a veterinary inspector, and all persons entering or leaving such premises must observe appropriate biosecurity measures to reduce the risk of spread of disease.

Restriction on removal of any thing liable to transmit disease

6

A person must not move any thing liable to transmit disease, including a carcase, pig genetic material or animal feed, off premises on which pigs are kept within the protection zone except under the authority of a licence granted by a veterinary inspector.

Restrictions on the transporting and spreading of pig manure or slurry

7

A person must not transport manure or slurry, which contains waste material of swine origin, off premises in the protection zone other than under a licence granted by a veterinary inspector.

8

A person must not spread manure or slurry, which contains waste material of swine origin other than under a licence granted by a veterinary inspector.

Reporting of dead or diseased pigs

9

The keeper must report all dead or diseased pigs to the appropriate authority.

PART 2 — Measures in a surveillance zone

Movement of pigs in a surveillance zone

10

A person must not move a pig through a surveillance zone unless—

• (a) the pig is transported and remains in a vehicle which must not enter any livestock premises within the zone;

• (b) a licence is granted by a veterinary inspector to allow the pig to move from premises outside the surveillance zone direct to a slaughterhouse within the zone for immediate slaughter in accordance with paragraph 11;

• (c) a licence is granted by a veterinary inspector to allow the movement of the pig between premises, divided by a public road provided that the premises would be contiguous except for the public road; or

• (d) the movement is licensed under paragraph 12 in the case of swine vesicular disease, or under paragraph 13 in the case of African swine fever and classical swine fever.

11

A veterinary inspector may license the movement of a pig from outside the surveillance zone to a designated slaughterhouse within the zone for immediate slaughter provided that the vehicle transporting the pig is thoroughly cleansed and disinfected at the slaughterhouse after the pig has been unloaded.

Movement of pigs off premises in a surveillance zone for swine vesicular disease

12

A licence may be granted by a veterinary inspector to allow the movement of pigs off premises in a surveillance zone to other premises within the zone declared for the control of swine vesicular disease, provided that no pig has moved on to the premises of origin in the previous 21 days, and where—

• (a) a veterinary inspector has inspected the pigs on the premises of origin and has individually examined each pig that is to be moved and found no clinical signs suggestive of swine vesicular disease;

• (b) a serological examination—

• (i) of a statistical sample of the pigs to be moved has been carried out at the keeper’s expense without the detection of antibodies to the swine vesicular disease virus within the 14 days preceding the movement; or

• (ii) in the case of pigs going for slaughter, may be carried out on the basis of blood samples taken at the designated slaughterhouse; and

• (c) the pigs to be moved are transported in a vehicle sealed by an inspector.

Movement of pigs off premises in a surveillance zone for African swine fever and classical swine fever

13

A licence may be granted by a veterinary inspector to allow movement of a pig after the expiry of the relevant period specified in the table to this paragraph if the pig is transported directly—

• (a) to a designated slaughterhouse;

• (b) to a plant where the pig is immediately killed and the carcase is processed in accordance with the Animal By-Products (Enforcement) (England) Regulations 2013, the Animal By-Products (Enforcement) (Scotland) Regulations 2013 or the Animal By-Products (Enforcement) (Wales) Regulations 2014; or

• (c) in exceptional circumstances, to other premises located in the zone.

Period that must elapse before movement of a pig off premises in a surveillance zone may be licensed	Period that must elapse before movement of a pig off premises in a surveillance zone may be licensed	Period that must elapse before movement of a pig off premises in a surveillance zone may be licensed
Period	African Swine Fever	Classical Swine Fever
At least x days have elapsed since completion of preliminary cleansing and disinfection of infected premises	x = 30	x = 21
At least y days have elapsed since the zone has been in place and there are multiple infected premises	y = 40	y = 30

Note: In accordance with the Diagnostic Manual, if the appropriate authority has applied an intensive sampling and testing programme making it possible to negate the presence of African swine fever on the premises, the “x” and “y” periods for that disease are reduced to 21 days and 30 days respectively.

14

A licence may only be granted under paragraph 13 where—

• (a) a veterinary inspector has inspected the pigs on the premises of origin and individually examined each pig to be moved and found no clinical signs suggestive of African swine fever or classical swine fever;

• (b) a sufficient number of samples are taken in accordance with the Diagnostic Manual from pigs which are to be slaughtered or killed, in order that the presence of disease in the batch of pigs can be determined; and

• (c) the pigs to be moved are transported in a vehicle sealed by an inspector.

Movement of other animals and persons from premises on which pigs are kept

15

A person must not move any other animal which might carry disease on to or off premises in the surveillance zone on which pigs are kept unless—

• (a) under a licence granted by a veterinary inspector; and

• (b) all persons entering or leaving such premises where pigs are kept observe appropriate biosecurity measures to reduce the risk of spread of disease.

Restriction on removal of any thing liable to transmit disease

16

A person must not move any thing liable to transmit disease, including a carcase, pig genetic material or animal feed, off premises on which pigs are kept within the surveillance zone except under the authority of a licence granted by a veterinary inspector.

Restrictions on the transporting and spreading of pig manure or slurry

17

A person must not transport manure or slurry, which contains waste material of swine origin, off premises in the surveillance zone other than under a licence granted by a veterinary inspector.

18

A person must not spread manure or slurry, which contains waste material of swine origin, other than under a licence granted by a veterinary inspector.

Reporting of dead or diseased pigs

19

The keeper must report all dead or diseased pigs to the appropriate authority.

SCHEDULE 4 — Cleansing and disinfection of vehicles

Cleansing and disinfection of vehicles in a protection zone

1

• (1) The person in charge of—

• (a) any vehicle used to transport pigs within a protection zone,

• (b) any vehicle used to transport other livestock or material which may be contaminated with disease, or

• (c) any other vehicle which may be contaminated with disease,

may not leave the premises of destination without having thoroughly cleansed and disinfected the vehicle and any equipment in it so as to minimise the risk of spread of disease.

• (2) In all cases, the person in charge of the vehicle must at least—

• (a) cleanse and disinfect its wheels, wheel arches, mud flaps and any other part of the vehicle that may contain contaminated material; and

• (b) ensure that the vehicle and any associated equipment is not visibly contaminated with mud, faeces or other material.

• (3) A person must not allow a vehicle that has been used to transport pigs in the protection zone to leave the zone following cleansing and disinfection without being inspected and licensed to leave by an inspector.

Cleansing and disinfection of vehicles in a surveillance zone

2

• (1) A person in charge of a vehicle used to transport a pig within a surveillance zone, or other livestock or material which may be contaminated with disease, or any other vehicle which may be contaminated with disease, must not leave the premises of destination without having cleansed and disinfected the vehicle and any equipment in it so as to minimise the risk of spread of disease.

• (2) In all cases, the person in charge of the vehicle must at least—

• (a) cleanse and disinfect its wheels, wheel arches and mud flaps; and

• (b) ensure that the vehicle and any equipment therein is not visibly contaminated with mud, faeces or other material.

Cleansing of vehicles which have moved a pig to premises outside of a protection or surveillance zone

3

Where a person transports a pig to premises outside of a protection or surveillance zone, that person must arrange for cleansing and disinfection to take place at that place of destination after delivery of the pig.

SCHEDULE 5 — Revocations

Instruments revoked	References
The African Swine Fever Compensation Order 1980	S.I. 1980/146
The Classical Swine Fever (England) Order 2003	S.I. 2003/2329
The Classical Swine Fever (Wales) Order 2003	S.I. 2003/2456 (W.239)
The Classical Swine Fever (Scotland) Order 2003	S.S.I. 2003/426
The African Swine Fever (England) Order 2003	S.I. 2003/2913
The African Swine Fever (Wales) Order 2003	S.I. 2003/ 3273 (W.323)
The African Swine Fever (Scotland) Order 2003	S.S.I. 2003/586
The Swine Vesicular Disease Regulations 2009	S.I. 2009/1299
The Swine Vesicular Disease (Wales) Regulations 2009	S.I. 2009/1372 (W.135)
The Swine Vesicular Disease (Amendment)(Wales) Regulations 2009	S.I. 2009/1580 (W.156)
The Swine Vesicular Disease (Scotland) Order 2009	S.S.I. 2009/173

Signed

George Eustice — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 2014-07-16

Rebecca Evans — Deputy Minister for Agriculture and Fisheries Under authority of the Minister for Economy, Science and Transport, one of the Welsh Ministers — 2014-07-15

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations implement the provisions for the control of—

• (a) swine vesicular disease contained in Council Directive 92/119/EEC introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (OJ No L 62, 15.3.1993, p 69);

• (b) classical swine fever contained in Council Directive 2001/89/EC on Community measures for the control of classical swine fever (OJ No L 316, 1.12.2001, p 5);

• (c) African swine fever contained in Council Directive 2002/60/EC laying down specific control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever (OJ No L 192, 20.7.2002, p 27).

Part 1 is introductory and includes definitions.

Part 2 deals with requirements for disease notification and the investigation of suspicion of disease.

Part 3 deals with measures to be taken on infected premises where disease is confirmed.

Part 4 deals with measures to be taken on suspicion and confirmation of disease at a slaughterhouse.

Part 5 deals with measures to be taken on suspicion and confirmation of disease in feral pigs.

Part 6 makes provision for the establishment of protection zones, surveillance zones and infection zones following the confirmation of disease on any premises.

Part 7 prohibits vaccination against disease except in certain circumstances. For classical swine fever provision is made for declaring an emergency vaccination zone.

Part 8 contains provisions relating to inspection and enforcement.

These Regulations are enforced by the local authority (as defined in regulation 2(1)) or, if so directed, by the appropriate authority (as defined in regulation 2(2)).

Breach of any of the provisions listed in regulation 39 is an offence punishable on summary conviction or on conviction on indictment. On summary conviction, the offence is punishable with a fine not exceeding the statutory maximum or imprisonment for a term not exceeding three months, or both. On conviction on indictment, the offence is punishable with a fine or imprisonment for a term not exceeding six months, or both.

Regulation 43 deals with revocations, consequential amendments and a disapplication of provisions contained in the Animal Health Act 1981 (c. 22) in so far as they applied to classical swine fever.

Regulation 44 requires the Secretary of State to review the operation and effect of these Regulations in England only and publish a report within five years after they come into force and within five years after that and each subsequent publication.

An impact assessment has not been produced for this instrument as no negative impact on the costs of the private or voluntary sectors is foreseen. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.

Footnotes

Editorial notes