Transport of Animals and Poultry (Cleansing and Disinfection) Order (Northern Ireland) 2000
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The Department of Agriculture and Rural Development[1], in exercise of the powers conferred on it by Articles 2(3), 5(1), 19 and 60(1) of the Diseases of Animals (Northern Ireland) Order 1981[2] and of every other power enabling it in that behalf, hereby makes the following Order: Citation, commencement and extension of definitions 1. - (1) This Order may be cited as the Transport of Animals and Poultry (Cleansing and Disinfection) Order (Northern Ireland) 2000 and shall come into operation on 1st November 2000. (2) For the purposes of the Diseases of Animals (Northern Ireland) Order 1981 ("the 1981 Order") in its application to this Order -
(b) the lists of diseases specified in Parts III and IV of that Schedule are extended so as to comprise all diseases of animals and poultry. Interpretation
(2) Any notice served under this Order shall be
in writing, may be made subject to conditions and may be amended,
suspended or revoked by a further notice in writing at any
time.
(b) racing pigeons; and (c) domestic fowls, turkeys, geese, ducks, guinea-fowls, quails, pigeons, pheasants, partridges and ratites, if they are reared or kept in captivity for breeding, the production of meat or eggs for consumption or for restocking supplies of game. (2) A person shall not use, or cause or permit
to be used, any means of transport to transport any animal to which this
Article applies unless the means of transport and any equipment used have
been cleansed and disinfected in accordance with Schedule 1 since it was
last used to transport -
(b) any thing which may give rise to a risk of transmission of disease. (3) Without prejudice to the provisions of
paragraph (2), if a means of transport has become soiled so that it may
give rise to a risk of transmission of disease since being cleansed and
disinfected in accordance with the provisions of paragraph (2), a person
shall not load, or cause or permit to be loaded, any animal to which this
Article applies into that means of transport unless it has been again
cleansed and disinfected in accordance with paragraphs 3 and 4 of Schedule
1.
(b) all birds not included in Article 3; and (c) animals and birds specified in Article 3 in the circumstances specified in Schedule 2; but shall not apply in the case of -
(ii) an individual animal accompanied by a person having responsibility for that animal during transport; (iii) the transport of pet animals accompanying their owner on a private journey. (2) Any person transporting, or causing or
permitting the transport of, any animal to which this Article applies
shall ensure that -
(b) dead animals, soiled litter and excreta are removed as soon as possible. Disposal of material after cleansing
(b) treated so as to remove the risk of transmission of disease; or (c) disposed of in such a manner that no animals have access to it. Powers of inspectors, etc.
(b) needs to be cleansed and disinfected because it may give rise to a risk of transmission of disease, he may serve a notice on any person appearing to him to be in charge of
that means of transport or equipment.
(b) prohibit the keeping of animals on the means of transport until it has been cleansed and disinfected; (c) require the person on whom the notice is served to cleanse and disinfect the means of transport or the equipment within any period specified in the notice; or (d) require the person on whom the notice is served to dispose of all feedingstuffs to which the animals have had access, bedding, excreta and other material of animal origin, and other contaminants in the way set out in the notice. (3) If a notice is served under paragraph (1),
the cleansing and disinfection shall be carried out in accordance with
Schedule 1 unless the notice specifies a different method of cleansing and
disinfection.
Level of cleansing and disinfection 1. All cleansing and disinfection shall be carried out so as to reduce so far as reasonably practicable the risk of transmission of disease. Parts of the means of transport required to be cleansed 2. - (1) In the case of animals not transported in a container -
(ii) all parts of the means of transport to which the animals may have had access during the journey; and (b) the following shall be cleansed if they are
soiled -
(ii) any other part of the means of transport; (iii) any equipment carried during the journey for use with the animals. (2) In the case of animals transported in a
container, the interior of the container shall be cleansed whether or not
it is soiled, and the exterior of the container and any parts of the means
of transport carrying the container shall be cleansed if they are
soiled. Journey made within a single farming enterprise 1. Article 4, rather than Article 3, shall apply if the journey is made within a single farming enterprise in one ownership. Transport of certain horses 2. Article 4, rather than Article 3, shall apply in relation to the transport of -
(b) horses kept at racing stables to or from race meetings, or to or from a place at which horses kept at such stables undergo training for racing. Journeys between the same two points
(b) in the case of a hoofed animal carried which has been participating in an event taking place during or continuing into, the evening of the day in question, a journey commenced as soon as practicable after the end of that event, whether or not it begins before midnight. Temporary unloading (This note is not part of the Order.) This Order revokes and replaces, with changes, the Transport of Animals and Poultry (Cleansing and Disinfection) (No. 2) Order (Northern Ireland) 1997. The Order implements paragraph 8 of Chapter I of the Annex to Council Directive 91/628/EEC on the protection of animals during transport (O.J. No. L340, 11.12.91, p. 17). It also implements Article 12.1(a) of Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine (this Directive was consolidated in the Annex to Council Directive 97/12/EC, O.J. No. L109, 25.4.97, p. 1). The Order specifies that, after the transport of any hoofed animals, and domestic fowls, turkeys, geese, ducks, guinea-fowls, quails, pigeons, pheasants, partridges and ratites, the means of transport and associated equipment must be cleansed and disinfected in accordance with Schedule 1 before it is used again to transport any such animals (Article 3(2)). It also specifies that, even if this has been done, the means of transport must be cleansed and disinfected again before such animals are transported if the means of transport has become soiled so as to cause a risk of transmission of disease (Article 3(3)). Following a journey, it requires a means of transport to be cleansed and disinfected as soon as reasonably practicable, but in any event within not more than 24 hours (Article 3(4)). It requires any person transporting such animals to remove dead animals, litter and excreta from the means of transport as soon as possible (Article 3(5)). There are exceptions set out in Schedule 2 relating to journeys on a single enterprise, transport of certain horses and journeys between the same two points. In these cases, and for all other animals and birds, there is a requirement to ensure that they are loaded on to a means of transport which has been cleansed and, if necessary, disinfected, and that dead animals, litter and excreta are removed from the means of transport as soon as possible. This does not apply to non-commercial journeys or to the transport of single animals or pets (Article 4). Article 5 specifies how material removed from the means of transport must be disposed of. Under Article 6, an inspector is empowered, in the circumstances set out in that Article, to serve a notice requiring a means of transport to be cleansed and disinfected. The operation of any other Order made under the Diseases of Animals (Northern Ireland) Order 1981 requiring the cleansing and disinfection of vehicles is not affected by anything in this Order (Article 7). Any person who, without lawful authority or excuse, proof of which shall lie on him, contravenes any provision of this Order shall be guilty of an offence against the Diseases of Animals (Northern Ireland) Order 1981 and shall be liable, on summary conviction, either to imprisonment for a term not exceeding one month or to a fine not exceeding level 5 on the standard scale (currently £5,000) or in the case of an offence committed with respect to more than 5 animals, not exceeding level 3 on the standard scale (currently £1,000) for each animal. Notes: [1] Formerly the Department of Agriculture for Northern Ireland see S.I. 1999/283 (N.I. 1) Article 3(4)back [2] S.I. 1981/1115 (N.I. 22) as amended by S.I. 1984/702 (N.I. 2) Article 17 and S.I. 1994/1891 (N.I. 6) Arts. 19, 23(1) and (2), 24(1) and Scheduleback [3] S.R. & O. (N.I.) 1972 No. 16 as amended by S.R. 1975 No. 69 and S.R. 1995 No. 467back
ISBN 0 33 793838 5 |
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