The Diseases of Poultry (Wales) Order 2003
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The National Assembly for Wales and the Secretary of State for Environment, Food and Rural Affairs, acting jointly in exercise of their powers under sections 1, 7, 8(1), 15(5), 17(1), 23, 25, 28, 35(1), 83(2), 87(5)(a) and 88(4) of the Animal Health Act 1981[1] make the following Order: Title, commencement, and application 1. - (1) This Order may be cited as the Diseases of Poultry (Wales) Order 2003 and comes into force on 12th April 2003. (2) This Order applies in relation to Wales only. Extension of definition of "poultry" and "disease" 2. - (1) The definition of "poultry" in section 87(4) of the Animal Health Act 1981 is extended to include all birds. (2) The definition of "disease" in section 88(3) of the Act is extended to include all diseases of birds. Interpretation 3. - (1) In this Order -
(2) Any notice or licence served or issued
under this Order or under a declaratory Order made under article 9
below must be in writing, may be general or specific, may be the
subject of conditions and may be amended, suspended or revoked by
notice in writing at any time.
(b) take all reasonable steps to ensure that the restrictions and requirements set out in Part I of Schedule 1 to this Order are complied with. (2) A person who examines or inspects any
bird or carcase or who analyses any sample taken from any bird or
carcase, and who suspects the presence of a designated disease in the
bird, carcase or sample must immediately inform the Divisional
Veterinary Manager.
(b) that poultry on any premises have been exposed to the risk of a designated disease, (c) he or she shall, subject to paragraph (3), serve a notice on the occupier of the premises or on the keeper of any birds on the premises requiring him or her to comply with the requirements contained in Part 1 of Schedule 1 to this Order. (2) If a veterinary inspector has
reasonable grounds for suspecting that birds on any premises have been
exposed to the risk of any disease, he or she may serve a notice on
the occupier of the premises or on the keeper of any birds on the
premises requiring him or her to comply with the requirements
contained in Part I of Schedule 1 to this
Order.
(b) limit the requirements that apply to a part of the premises and to the birds contained there, provided that the birds have been housed, kept and fed separately from birds kept in other parts of the premises and kept and fed by separate staff. (4) For the purposes of paragraph (1)(a)
"veterinary inspector" includes an
inspector.
(ii) the possible origin of the disease on the premises, (iii) which premises may have been exposed to contamination by the disease from the premises under inquiry, and (iv) the extent to which a disease has been carried to or from the premises under inquiry. (2) Where a notice has been served in
accordance with sub-paragraph (1)(b) of article 5 or paragraph (2) of
article 5, a veterinary inspector shall -
(b) count the poultry; and (c) monitor their movements. (3) A veterinary inspector may mark, or
cause to be marked, for identification purposes any bird, carcase or
other thing in relation to which any of the powers under paragraphs
(1) and (2) have been exercised.
(b) in the case of other captive birds or racing pigeons, may by notice served on the occupier of the premises or the keeper of
any birds on the premises, impose the requirements contained in Part
II of Schedule 1 to this Order in addition to the conditions imposed
by virtue of notices issued under article
5.
(b) provide such reasonable assistance as the veterinary inspector may require for the purpose of exercising his or her powers under article 5, 6 and 7. (2) If any person fails to comply with any
restriction or requirement imposed by a notice served under this
Order, an inspector or other officer of the Secretary of State or the
National Assembly for Wales or an inspector of the local authority
may
(b) take such other action as may be necessary so as to ensure that any restriction or requirement imposed by the notice is complied with or carried out. (3) Any action taken under paragraph (2)
shall be without prejudice to any proceedings for an offence arising
out of contravention of a notice served under this
Order.
(b) their species and description; (c) the name and address of the person from whom they were obtained; (d) the date and manner of disposal; (e) the place of slaughter, if that was the manner of disposal; and (f) the name and address of the person to whom the poultry or eggs were transferred (if known), if that was the manner of disposal. (4) A person who is required by this Order
to keep a record shall retain it for at least twelve months from the
date of the recorded transportation or
marketing.
(b) on demand made by an inspector or other officer of the National Assembly for Wales or Secretary of State or by an inspector of local authority, produce the licence and allow a copy or extract to be taken, and (c) on such demand, furnish his or her name and address. General powers of inspectors Record of Poultry 1. The occupier of the premises shall make and maintain an up to date record of the poultry on the premises showing in respect of each category the number of poultry which have died, which show clinical signs of disease and which show no signs. The record shall be produced to a veterinary inspector on demand. Isolation of poultry 2. The occupier of the premises shall ensure that any poultry or birds kept in captivity on the premises are kept in their living quarters or some other place where they can be isolated. Pigeons shall be isolated in their pigeon house until restrictions have been removed. Prohibition on movement of poultry to or from premises 3. No person shall move any poultry to or from the premises. Prohibition on movement of persons, animals and vehicles to or from the premises 4. No person shall move to or from the premises and no person shall move any animal or vehicle to or from the premises. Prohibition on removal or spreading of things liable to transmit disease 5. No person shall remove from the premises or spread in the premises any used poultry litter or poultry manure or anything liable to transmit disease. Restriction on removal of eggs 6. No person shall move any eggs from premises except in accordance with the provisions of article 4.2(e) of and Annex I to Council Directive 92/40/EEC or article 4.2(e) of and Annex I to Council Directive 92/66/EEC as the case may be. Disinfection at entrances and exits 7. The occupier of the premises shall provide and maintain an appropriate means of disinfection at the entrances and exits of the buildings housing poultry and of the premises. Slaughter and destruction 8. The occupier of the premises shall give all reasonable assistance to a veterinary inspector so as to ensure that poultry and such other birds as the veterinary inspector may require on the premises are killed there without delay and that carcases and eggs are destroyed in such a way as will minimise the risk of spreading disease, in accordance with directions given by a veterinary inspector. Destruction or treatment 9. The occupier of the premises shall ensure that all other material which may be contaminated is destroyed or treated in such a way as to destroy the disease, in accordance with directions given by a veterinary inspector. Tracing 10. The occupier of the premises shall give all reasonable assistance to a veterinary inspector so as to ensure that -
(b) eggs laid during the presumed incubation period, and (c) meat and eggs which are otherwise likely to be contaminated with the disease virus, are traced and destroyed, except that table eggs need not be
destroyed if they have previously been
disinfected. Protection Zones 1. The following shall apply within the protection zone and shall continue to apply for a period of at least 21 days after the preliminary cleansing and disinfection of the infected premises required by paragraph 11 of Schedule 1 to this Order and thereafter until the National Assembly for Wales or the Secretary of State declares the protection zone to have become part of the surveillance zone. 2. The occupier of premises containing poultry shall ensure that -
(b) any veterinary inspector who visits the premises to examine the poultry and take samples is given all necessary assistance and information; (c) the poultry are kept in their living quarters or such other place where they can be isolated; (d) there is an appropriate means of disinfection at the entrance and exits of the premises; (e) poultry and hatching eggs are not moved from the premises except under a licence issued by a veterinary inspector -
(ii) in the case of day old chicks or ready-to-lay pullets, to premises within the surveillance zone on which there are no other poultry, or (iii) in the case of hatching eggs to a designated hatchery, subject to the eggs and their packing being disinfected before dispatch; and (f) used litter and poultry manure are not removed or
spread. 3. No person shall move any
poultry, eggs or carcases within the zone, except that poultry may be
transported without stopping through the zone on a major highway or
railway.
(b) poultry are not moved from the premises out of the zone except under a licence issued by a veterinary inspector for the purpose of transport direct to a designated slaughterhouse outside the surveillance zone; (c) hatching eggs are not moved from the premises out of the zone except under a licence issued by a veterinary inspector for the purpose of transport direct to a designated hatchery and subject to the eggs and their packing being disinfected before dispatch; and (d) used litter and poultry manure are not moved out of the zone. 7. No person shall move any poultry
or hatching eggs into or within the zone except that poultry may be
transported without stopping through the zone on a major highway or
railway. (This note is not part of the Order) This Order (read with the Animal Health Act 1981[5]) further implements Council Directive 92/40/EEC introducing Community measures for the control of avian influenza[6] and Council Directive 92/66/EEC introducing Community measures for the control of Newcastle disease[7] ("the Directives"). The Directives were previously implemented by the Diseases of Poultry Order 1994[8] ("the 1994 Order") and the Diseases of Poultry (Amendment) Order 1997[9], both revoked by this Order. The application of the Order is extended to ratites in accordance with the Directives. This Order also extends provisions in article 5A of the 1994 Order (relating to surveillance powers and movement restrictions) to diseases of birds and to species of birds not covered by the Directives. These provisions have been recast and are included in articles 5 and 6 of this Order. Articles 1 to 3 of the Order contain introductory and interpretation provisions. Article 4 provides for the notification of certain diseases and for the taking of precautionary measures when disease is suspected. Article 5 sets out restrictions which may apply if any disease is suspected or known to exist or where birds are suspected of having been exposed to the risk of disease. Article 6 provides for veterinary inquiry into the existence of disease. Article 7 sets out restrictions which apply where disease is confirmed. Restrictions referred to in articles 4, 5 and 7 are set out in Schedule 1. Article 8 sets out the duties of occupiers and persons in charge of premises served with a notice under the Order. Article 9 provides for the declaration by the National Assembly for Wales or the Secretary of State of an infected area where disease has been confirmed. Restrictions applicable in an infected area are set out in Schedule 2. Article 10 allows the National Assembly for Wales or the Secretary of State to require vaccination of poultry. Article 11 sets out restrictions applicable to racing pigeons. Article 12 contains provisions on cleansing and disinfection. Article 13 relates to the keeping of records and article 14 to licences. Article 15 sets out the general powers of veterinary inspectors under the Order. Article 16 provides for the Order to be enforced generally by local authorities. Article 17 revokes the Diseases of Poultry Order 1994[10] and the Diseases of Poultry (Amendment) Order 1997[11] insofar as they apply to Wales. Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981. A Regulatory Appraisal under the Government of Wales Act 1998 has not been prepared for this Order. Notes: [1] 1981 c.22. Functions conferred under the 1981 on "the Ministers" (as defined in section 86 of that Act) were transferred so far as exercisable by the Secretary of State for Wales in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The joint functions of "the Ministers" exercisable by the Secretary of State for Scotland in relation to Wales were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141). All functions of the Minister of Agriculture, Fisheries and Food were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back [6] O J L167, 22.6.1992, p.1.back [7] O J L260, 05.9.1992, p.1.back
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