The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006

The following are the criteria to be considered by a veterinary inspector before permitting movements from premises where low pathogenic avian influenza has been confirmed—

• (a) the species of birds on the premises;

• (b) the number of premises he knows to contain poultry or other captive birds in the area around the premises;

• (c) the location of slaughterhouses, hatcheries and egg packing centres to which poultry and eggs could be moved;

• (d) biosecurity measures already in place or which could be applied at the premises, during movement and during slaughter;

• (e) possible routes on which things could be moved;

• (f) any evidence of disease spread;

• (g) any risk to human health;

• (h) any treatment procedures which could be applied to any thing to be moved.

SCHEDULE 7

Measures in a low pathogenic avian influenza restricted zone

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises

1

• (1) Subject to sub-paragraph (2), no person is to move poultry, other captive birds or mammals from or to premises within the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

• (2) Paragraph (1) does not apply to pet animals which—

• (a) only have access to that part of the premises where people live;

• (b) have no contact with poultry or other captive birds on the premises; and

• (c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.

Biosecurity measures

2

The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—

• (a) take such biosecurity measures as he or she considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and

• (b) comply with any biosecurity requirements which a veterinary inspector or an inspector under the direction of a veterinary inspector, by notice to him or her, imposes.

Litter, poultry manure and slurry

3

No person is to remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

Gatherings of poultry

4

No person is to permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering, unless licensed by a veterinary inspector.

Release of game

5

• (1) No person is to release game birds.

• (2) For the purpose of this paragraph, game birds include any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan or ducks bred for shooting.

Restrictions on the movement of poultry, other captive birds and eggs within the zone

6

Subject to paragraph 8, no person is to move any poultry, other captive birds or eggs into or within the zone (other than through the zone by road or rail without stopping), unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

Restrictions on the movement of poultry and eggs out of the zone

7

• (1) Subject to paragraph 8, no person is to move any poultry or eggs out of the zone, unless the movement is—

• (a) set out in sub-paragraph (2); and

• (b) licensed by a veterinary inspector.

• (2) The movements referred to in paragraph (1) are movements of—

• (a) poultry for slaughter at a designated slaughterhouse ;

• (b) poultry to premises or part of premises where no poultry are kept ;

• (c) day-old chicks from eggs originating within the zone or from eggs which have come into contact with such eggs;

• (d) day-old chicks from eggs originating outside the zone, if the hatchery is operated in such a way that such chicks and eggs are kept separate from day-old chicks and eggs originating in the zone;

• (e) hatching eggs—

• (i) to a designated hatchery; or

• (ii) to designated premises for use for scientific, diagnostic or pharmaceutical purposes

(if, in both cases, the eggs and their packaging are disinfected before dispatch);

• (f) eggs to a designated egg packing centre in disposable packaging or packaging which has been cleansed and disinfected in accordance with the instructions of a veterinary inspector or an inspector under the direction of a veterinary inspector and in accordance with biosecurity requirements specified by a veterinary inspector or an inspector under the direction of a veterinary inspector;

• (g) eggs to an egg processing plant inside or outside the zone;

• (h) eggs for disposal.

Wholesale and retail distribution of eggs

8

Paragraphs 6 and 7 do not apply to the movement of table eggs direct to wholesale or retail premises or subsequent to such a movement.

Carcases

9

The occupier of any premises within the zone must ensure that carcases are disposed of in accordance with a veterinary inspector's instructions (unless the veterinary inspector licenses their use for diagnosis of disease).

Cleansing and disinfection of vehicles

10

A person who moves any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .

D. Elis-Thomas — The Presiding Officer of the National Assembly — 2006-11-07

Explanatory note

(This note is not part of the Order)

1This Order revokes and replaces the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) Order 2006 (S.I. 2006/1762 (W. 184)) (“the original Order”). It continues to transpose Council Directive 2005/94/EC on Community measures for the control of avian influenza and repealing Directive 92/40/EC (OJ No L10, 14.1.2006, p16), (“the Directive”), other than Chapter IX. Chapter IX of the Directive deals with vaccination and will be transposed by the Avian Influenza (Vaccination) (Wales) (No. 2) Regulations 2006. This Order also implements, in part—aCommission Decision 2005/734/EC laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk (OJ No L 274, 20.10.2005, p. 105, as amended by Commission Decisions 2005/745/EC, 2005/855/EC and 2006/574/EC); andbCommission Decision 2006/474/EC concerning measures to prevent the spread of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 to birds kept in zoos and approved bodies, institutes and centres in the Member States and repealing Decision 2005/744/EC (OJ No L 187, 8.7.2006, p. 37).

2Measures relating to the poultry register, the vaccination of zoo birds and restrictions on bird gatherings to achieve implementation of these Decisions are contained in the Avian Influenza (Preventive Measures) (Wales) Regulations 2006.

3The effects of the main substantive changes to the original Order introduced by this Order are—ato require any person examining any mammal or carcase or analysing a sample taken from any mammal or carcase to inform the Divisional Veterinary Manager if he or she suspects influenza of avian origin or antibodies to the disease in the mammal or carcase;bto allow the National Assembly to apply some rather than all the measures applicable to suspect and infected premises to contact premises (articles 27(2) and 54(1));cto permit derogations from certain measures applicable to laboratories where low pathogenic avian influenza virus is kept (article 11(1));dto make clear that the duty on the occupier of premises where poultry or other captive birds are kept to keep records of visitors to those premises does not extend to trespassers and those on rights of way (paragraph 5(c) of Schedules 4 and 5);eto allow inspectors appointed by local authorities as well as veterinary inspectors appointed by the National Assembly to serve notices in certain circumstances.

4Part 1 of the Order contains introductory provisions. Article 3 extends the definitions of “poultry”, “animals” and “disease” in the Animal Health Act 1981 (c. 22). It also applies the slaughter power in section 32 of that Act to any infection in mammals caused by influenza virus of avian origin.

5Part 2 sets out preventive measures to reduce the risk of the transmission of avian influenza and provides for surveillance for the disease.

6Part 3 of the Order and Schedule 1 set out measures to deal with any suspected outbreak of avian influenza at premises other than slaughterhouses and border inspection posts. Measures when highly pathogenic avian influenza is confirmed on such premises are set out in Part 4 and Schedule 2. These measures may, under article 13, also be applied to premises where disease is suspected. Part 4 also provides for the declaration of protection zones, surveillance zones and restricted zones around infected premises. Measures in protection and surveillance zones are set out in Schedules 4 and 5.

7Measures when highly pathogenic avian influenza is confirmed at slaughterhouses, border inspection posts and in vehicles are set out in Part 5.

8Measures where low pathogenic avian influenza is confirmed at premises other than slaughterhouses and border inspection posts are set out in Part 6 and in Schedule 6. These include the declaration of low pathogenic avian influenza zones. Measures in such zones are set out in Schedule 7.

9Measures to reduce the risk of the spread of avian influenza viruses to pigs and other mammals are set out in Part 7.

10General measures applicable on suspicion or confirmation of avian influenza are set out in Part 8 and measures on inspection and enforcement are set out in Part 9. Article 86(2) provides for notices, licences and designations under the original Order to remain in force as if they were notices, licences or designations under this Order.

11Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981.

12A full regulatory appraisal of the effect that this Order will have on the costs of business has not been prepared.

Footnotes

Editorial notes