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STATUTORY INSTRUMENTS
1994No. 1447
RIVER, ENGLAND AND WALES
RIVER, SCOTLAND
SALMON AND FRESHWATER FISHERIES
SEA FISHERIES
The Diseases of Fish (Control) Regulations 1994
| Laid before Parliament |
10th June 1994 |
| Coming into force |
1st July 1994 |
The Minister of Agriculture, Fisheries and Food and the Secretary of
State, being Ministers designated[1] for
the purposes of section 2(2) of the European Communities Act 1972[2]
in relation to the common agricultural policy of the Economic Community,
acting jointly, in exercise of the powers conferred on them by the said
section 2(2), and of all other powers enabling them in that behalf, hereby
make the following Regulations:
Title, extent and commencement
1. These Regulations which
implement Council Directive 93/53/EEC[3]
may be cited as the Diseases of Fish (Control) Regulations 1994, shall
apply to Great Britain and shall come into force on 1st July 1994.
Interpretation
2.—(1) In these Regulations, unless
the context otherwise requires—
"the Act" means the Diseases of Fish Act 1937[4];
"Directive 90/667/EEC" means Council Directive of 27th November 1990
laying down the veterinary rules for the disposal and processing of animal
waste, for its placing on the market and for the prevention of pathogens
in feedingstuffs of animal or fish origin[5]
which has been amended as set out in Schedule 1;
"Directive 91/67/EEC" means Council Directive of 28th January 1991
concerning the animal health conditions governing the placing on the market
of aquaculture animals and products[6]
which has been amended as set out in Schedule 1;
"farm" includes a farm in marine waters;
"farm suspected of being infected" means a farm containing fish suspected
of being infected;
"fish suspected of being infected" means fish showing clinical signs
or post mortem lesions or dubious reactions in laboratory tests giving
rise to reasonable suspicion of the presence of a disease which is listed
in Schedule 3;
"infected farm" means a farm containing infected fish as well as a
farm which has been evacuated but not yet disinfected;
"infected fish" means fish in which the presence of a disease listed
in Schedule 3 has been officially confirmed as the result of laboratory
examination or, in the case of Infectious Salmon Anaemia as a result of
a clinical examination and a post mortem examination;
"inspector" means a person appointed by the Minister for the purposes
of these Regulations;
"Minister" means, in relation to England, the Minister of Agriculture,
Fisheries and Food and, in relation to Scotland or to Wales, the Secretary
of State.
(2) All other expressions have the meaning
they bear in the Fish Health Regulations 1992[7].
(3) Any reference in these Regulations to a
numbered Schedule shall be construed as a reference to the Schedule so
numbered in these Regulations unless the context otherwise requires.
(4) Any reference in these Regulations to a
directive is to that directive as amended.
(5) All notices served under these Regulations
shall be in writing and may be made subject to conditions and may be amended,
suspended or revoked in writing at any time.
Official census
3.—(1) Where a farm is suspected of
being infected, as soon as possible after a notice in respect of it has
been served under section 4 or 4A of the Act or an Order in respect of
it has been made under section 2 of the Act, the Minister shall conduct
a census of the fish on the farm.
(2) The census shall contain the information
set out in Schedule 2.
(3) After the census has been conducted it
shall be the duty of the occupier of the farm to check regularly and to
note—
(a) any increased population, or
of the fish on the farm and to update the census accordingly.
(4) The census shall be kept in such a place
that it shall be available to the Minister or an inspector when an inspection
of the farm is carried out.
(5) The census shall be retained by the occupier
of the farm for a period of 4 years after the notice under section 4 or
4A has lapsed or any order under section 2 of the Act has been revoked,
whichever is the later.
(6) The census shall be made available to the
Minister or an inspector on request.
Control measures when disease in Part I of Schedule 3 is suspected
on a farm
4.—(1) Without prejudice to the provisions
of the Act or the Fish Health Regulations 1992, where a farm is suspected
of being infected with a disease listed in Part I of Schedule 3, as soon
as possible after a notice in respect of it has been served under section
4 or 4A of the Act or an Order in respect of it has been made under section
2 of the Act, the measures set out in Schedule 4 shall come into force.
(2) The measures referred to in paragraph (1)
above shall remain in force until revoked or varied or varied by notice
by the Minister.
(3) It shall be the duty of the occupier of
the farm to take all reasonable steps to ensure that effect is given to
the provisions of Schedule 4.
Control measures if presence of a disease in Part I of Schedule
3 is confirmed on a farm
5. If the fish on a farm
are confirmed as infected fish which have a disease listed in Part I of
Schedule 3, the Minister shall, by notice in writing served on the occupier
of the farm, require—
(a) the immediate removal of all fish from the waters of the
farm;
(b) the draining, cleaning and disinfection of all pools on inland
farms;
(c) the destruction of all eggs, gametes, dead fish, and fish
showing clinical signs of disease, under the supervision of the Minister
and in accordance with the provisions of Directive 90/667/EEC;
(d)
(i) the killing and destruction of all live fish, under the supervision
of the Minister and in accordance with the provisions of Directive 90/667/EEC;
or
(ii) the slaughter of all live fish, for marketing or processing
for human consumption, under the supervision of the Minister, but only
if the fish have reached commercial size and show no clinical signs of
disease;
(e) the cleaning and disinfection or destruction of equipment,
material or substances liable to be contaminated with the disease pathogen,
under the supervision of the Minister; and
(f) that the repopulation of the farm shall only take place when
the Minister so authorises by notice.
Control measures when a disease in Part II of Scheudle 3 is suspected
in an approved zone or on an approved farm
6.—(1) Without prejudice to the provisions
of the Act or the Fish Health Regulations 1992, where a farm is either—
(a) a farm in an approved zone; or
(b) an approved farm which is not in an approved zone;
and is suspected of being infected with a disease listed in Part II of
Schedule 3, as soon as possible after a notice in respect of it has been
served under section 4 or 4A of the Act or an Order in respect of it has
been made under section 2 of the Act, the measures set out in Schedule
4 shall come into force.
(2) The measures referred to in paragraph (1)
above shall remain in force until revoked or varied by notice by the Minister.
(3) Is shall be the duty of the occupier of
the farm to take all reasonable steps to ensure that effect is given to
the provisions of Schedule 4.
Control measures when a disease listed in Part II of Schedule 3
is confirmed in an approved zone or on an approved farm
7. If the fish on a farm
which is either—
(a) a farm in an approved zone; or
(b) an approved farm which is not in an approved zone;
are confirmed to be infected fish which have a disease listed in Part II
of Schedule 3, the Minister shall, by notice in writing served on the occupier
of the farm, require—
(i) the immediate removal of all fish from the waters of the
farm;
(ii) the draining, cleaning and disinfection of all pools on
inland farms;
(iii) the destruction of all eggs, gametes, dead fish, and fish
showing clinical signs of disease, under the supervision of the Minister
and in accordance with the provisions of Directive 90/667/EEC;
(iv)
(aa) the killing and destruction of all live fish, under the
supervision of the Minister and in accordance with the provisions of Directive
90/667/EEC; or
(bb) the slaughter of all live fish, for marketing or processing
for human consumption, under the supervision of the Minister, but only
if the fish have reached commercial size and show no clinical signs of
disease;
(v) the cleaning and disinfection or destruction of equipment,
material or substances liable to be contaminated with the disease pathogen,
under the supervision of the Minister; and
(vi) that the repopulation of the farm shall only take place
when the Minister so authorises by notice.
Control measures to be taken when a disease listed in Part II of
Schedule 3 is suspected at a non-approved farm in a non-approved zone
8.—(1) Without prejudice to the provisions
of the Act or the Fish Health Regulations 1992, where a farm is—
(a) not an approved farm,
(b) not in an approved zone, and
(c) suspected of being infected with a disease listed in Part
II of Schedule 3,
as soon as possible after a notice in respect of it has been served under
section 4 or 4A of the Act or an Order in respect of it has been made under
section 2 of the Act, the measures set out in paragraph (2) below shall
come into force.
(2) No person shall remove any live fish, eggs
or gametes from the farm unless the live fish, eggs or gametes
(a) are to be sent to a farm infected with the same disease;
or
(b) are to be sent for slaughter for human consumption;
and he has the authorisation in writing of the Minister.
(3) Any authorisation under paragraph (2) above
may be made subject to conditions.
(4) The provisions in paragraph (2) above shall
remain in force until such time as the notice made under section 4 or 4A
of the Act or any Order made under section 2 of the Act is revoked or varied.
Control measures to be taken when a disease listed in Schedule 3
is suspected or confirmed in waters which are not the waters of a farm
9.—(1) Where—
(a) fish from the wild are suspected of being infected with,
or are infected with, a disease listed in Part I of Schedule 3; or
(b) fish from the wild which are in an approved zone are suspected
of being infected with, or are infected with, a disease listed in Part
II of Schedule 3;
and an Order has been made under section 2 of the Act paragraphs (2) and
(3) below shall come into force.
(2) No person shall—
(a) bring on to or take from the designated area any equipment,
material or substances liable to transmit disease; or
(b) enter on to or exit from the designated area; or
(c) bring a vehicle into or take a vehicle from the designated
area;
without the authorisation in writing of the Minister to do so.
(3) The occupier of the land or waters within
the designated area shall take the measures specified by the Minister to
disinfect the entrances and exits to the designated area.
(4) For the purpose of this regulation—
"designated area" means the area which is the subject of an Order made
under section 2 of the Act.
Prohibition on vaccination against disease
10.—(1) No person shall vaccinate any
fish or cause any fish to be vaccinated against any disease listed in Part
I of Schedule 3.
(2) No person shall vaccinate any fish or cause
any fish to be vaccinated against any disease listed in Part II of Schedule
3 where the fish are—
(a) in an approved zone; or
(b) in an approved farm which is not in an approved zone; or
(c) in a zone or farm which has initiated the procedures to obtain
approved status under Directive 91/67/EEC.
Powers of an inspector
11.—(1) An inspector shall, on producing,
if required to do so, some duly authenticated document showing his authority,
have the right at all reasonable hours to enter any land or premises for
the purpose of ascertaining whether there is or has been on the land or
premises any contravention of these Regulations.
(2) An inspector shall have powers to carry
out all checks and examinations necessary for the enforcement of these
Regulations and in particular may—
(a) carry out inspections of farms;
(b) take samples (and, if necessary, send the samples for laboratory
testing);
(c) examine relevant documentary or data processing material.
(3) An inspector entering any premises
under these Regulations may take with him:
(a) such persons, equipment and vehicles as are necessary for
the purpose of facilitating the exercise of his powers under these Regulations;
(b) a representative of the European Commission acting for the
purposes of Council Directive 93/53/EEC.
Failure to comply with a notice
12. If any person fails
to comply with the requirements of a notice served under these Regulations
then, without prejudice to any proceedings consequent upon such failure,
an inspector may enter on any premises to which such notice relates and
take or cause to be taken such steps as appear to the inspector to be necessary
either to ensure compliance with the requirements of the notice or to remedy
the consequences of the failure to carry them out, and all reasonable costs
of taking such steps shall be recoverable by the Minister from the person
on whom the notice was served.
Obstruction
13.—(1) No person shall—
(a) intentionally obstruct any person acting in the execution
of these Regulations;
(b) without reasonable cause, fail to give to any person acting
in the execution of these Regulations any assistance or information which
that person may reasonably require of him for the purposes of his functions
under these Regulations; or
(c) furnish to any person acting in the execution of these Regulations
any information which he knows to be false or misleading.
(2) Nothing in paragraph (1)(c) above shall
be construed as requiring any person to answer any question or give any
information if to do so might incriminate him.
Offences by bodies corporate
14.—(1) Where a body corporate is guilty
of an offence under these Regulations, and that offence is proved to have
been committed with the consent or connivance of, or to have been attributable
to any neglect on the part of—
(a) any director, manager, secretary or other similar officer
of the body corporate, or
(b) any person who was purporting to act in such capacity, he,
as well as the body corporate, shall be guilty of an offence and be liable
to be proceeded against and punished accordingly.
(2) For the purposes of paragraph (1) above,
"director" in relation to a body corporate whose affairs are managed by
its members, means a member of the body corporate.
(3) Where an offence under these Regulations
is committed in Scotland by a Scottish partnership and is proved to have
been committed with the consent or connivance of, or to be attributable
to any neglect on the part of, a partner, he as well as the partnership
shall be guilty of the offence and be liable to be proceeded against and
punished accordingly.
Offences and penalties
15.—(1) A person contravening any provision
of these Regulations or any notice served under them shall be guilty of
an offence.
(2) A person guilty of an offence under these
Regulations shall be liable on summary conviction to a fine not exceeding
level 5 on the standard scale.
Amendment of the Registration of Fish Farming and Shellfish Farming
Businesses Order 1985
16. The Registration of
Fish Farming and Shellfish Farming Businesses Order 1985[8]
shall be amended as set out in Schedule 5.
In witness whereof the Official Seal of the Minister of Agriculture,
Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
26th May 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
24th May 1994
Notes:
[1] S.I. 1972/1811. back
[2] 1972 c. 68. back
[3] OJ No. L 175, 19.7.93, p. 23. back
[4] 1937 c. 33, as amended by the Diseases of
Fish Act 1983 (c. 30). back
[5] OJ No. L 363, 27.12.90, p. 51, as read with
the provisions listed in Schedule 1. back
[6] OJ No. L 46, 19.2.91, p. 1, as read with the
provisions listed in Schedule 1. back
[7] S.I. 1992/3300, as amended by S.I. 1993/2255.
back
[8] S.I. 1985/1319. back |
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