The Diseases of Poultry (Scotland) Order 2003
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The Scottish Ministers, in exercise of the powers conferred by sections 1, 7, 8(1), 15(5), 17(1), 23, 25, 28, 35(1), 87(5)(a) and 88(4) of the Animal Health Act 1981[1] and of all other powers enabling them in that behalf, hereby make the following Order: Citation, commencement and extent 1. - (1) This Order may be cited as the Diseases of Poultry (Scotland) Order 2003 and shall come into force on 10th July 2003. (2) This Order extends to Scotland only. Extension of definition of "poultry" and "disease" 2. For the purposes of the Animal Health Act 1981 in its application to this Order-
(b) the definition of "disease" in section 88(3) of the 1981 Act is extended to include all diseases of birds. Interpretation
(2) In articles 3(1), 7(1) and (2)(a),
9(1)(a) and (3), 11(1), (2) and (5), 12, 14(1), 15 and Schedules 1 and
2, unless the context otherwise requires, "poultry" means any of the
following birds, if they are kept in captivity for breeding, the
production of meat or eggs or for re-stocking supplies of game;
namely, domestic fowls, turkeys, geese, ducks, guinea fowls, pigeons
(other than racing pigeons), quails, ratites, pheasants and
partridges.
(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) Any 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 shall immediately inform the Divisional
Veterinary Manager.
(ii) the possible origin of the disease on the premises; (iii) whether other premises may have been exposed to contamination by the disease from the premises under enquiry; and (iv) the extent to which the disease has been carried to or from the premises under enquiry; and (b) mark, or cause to be marked, for identification purposes any
bird, carcase or other thing in relation to which any of the powers
under sub-paragraph (a) above have been exercised. (2) No person shall deface, obliterate or
remove any mark applied under paragraph
(1)(b).
(b) that any bird on any premises may have been exposed to the risk of any disease (including a designated disease), may serve a notice on the occupier or person in charge of the
premises in accordance with this
article.
(b) where the birds under investigation are on a means of transport, serve a notice on the person in charge of the birds or the means of transport requiring the birds to be moved to such place as may be specified in the notice. Measures where a designated disease is
confirmed
(b) in the case of captive birds or racing pigeons, may by notice served on the occupier or person in charge of the
premises impose, in addition to the restrictions and requirements
contained in Part I of Schedule 1 to this Order, the restrictions and
requirements contained in Part II of that
Schedule.
(b) provide such reasonable assistance as the veterinary inspector may require for the purpose of exercising the powers available to that veterinary inspector under articles 5, 7 and 9. (2) If any person fails to comply with any
restriction or requirement imposed by a notice served under this
Order, a veterinary inspector or other officer of the Scottish
Ministers or an inspector of a 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) may apply to all poultry, or to designated species. (6) A declaration made under paragraph (1)
shall provide for a protection zone based on a minimum radius of three
kilometres, itself contained within a surveillance zone based on a
minimum radius of ten kilometres, each zone having as its centre the
centre of the premises where disease has been
confirmed.
(b) their species and description; (c) the name and address of the person from whom they were obtained; (d) the date they left the premises; (e) their destination on leaving the premises (if known); and (f) the name and address of the person to whom they were transferred. (4) Any person who is required by this
article to keep a record shall retain it for at least twelve months
from the date of the recorded transportation or
marketing.
(b) if that record is in electronic form, provide printed copies of the record or such parts of the record as such an inspector or officer requires. General provisions as to notices and
licences
(b) on demand made by a veterinary inspector or other officer of the Scottish Ministers, by an inspector of a local authority, or by a police constable-
(ii) allow a copy or extract to be taken; and (iii) furnish that person's name and address. General powers of inspectors Record of Poultry 1. The person in charge 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, captive birds, and racing pigeons 2. The person in charge of the premises shall ensure that any poultry or captive birds on the premises are kept in their living quarters or some other place where they can be isolated. Racing pigeons shall be isolated in their pigeon house until restrictions have been removed. Prohibition on movement of poultry or other birds to or from premises 3. No person shall move any poultry or other birds 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 within 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[8] or article 4.2(e) of and Annex I to Council Directive 92/66/EEC[9] as the case may be. Disinfection at entrances and exits 7. The person in charge 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 person in charge of the premises shall give all reasonable assistance to a veterinary inspector so as to ensure that poultry and such other birds on the premises as the veterinary inspector may require 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 person in charge 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 person in charge 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 of the disease; 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 Scottish Ministers declare the protection zone to have become part of the surveillance zone. 2. The person in charge 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 and-
(ii) in the case of day old chicks or ready-to-lay pullets, to premises within the surveillance zone on which there is no other poultry; or (iii) in the case of hatching eggs, and subject to the eggs and their packing material being disinfected before dispatch, to a designated hatchery; and (f) used litter and poultry manure are not removed or
spread. 3. No person shall move any
poultry, captive birds, racing pigeons, eggs or carcases within the
protection zone, except that such poultry, captive birds or racing
pigeons may be transported without stopping through the protection
zone by way of a direct and uninterrupted route using main roads or
rail and without being unloaded.
(b) poultry are not moved from the premises out of the surveillance 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 surveillance 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 material being disinfected before dispatch; and (d) used litter and poultry manure are not moved out of the surveillance zone. 7. No person shall move any
poultry, captive birds, racing pigeons or hatching eggs into or within
the surveillance zone except that such poultry, captive birds or
racing pigeons may be transported without stopping through the
surveillance zone by way of a direct and uninterrupted route using
main roads or rail and without being
unloaded. (This note is not part of the Order) This Order (read with the Animal Health Act 1981) further implements Council Directive 92/40/EEC introducing Community measures for the control of avian influenza (O.J. No. L 167, 22.6.92, p.1) and Council Directive 92/66/EEC introducing Community measures for the control of Newcastle disease (O.J. No. L 260, 5.9.92, p.1) ("the Directives"). The Directives were previously implemented by the Diseases of Poultry Order 1994 ("the 1994 Order") and the Diseases of Poultry (Amendment) Order 1997, both revoked by this Order. This Order, like the Directives, now applies to ratites. This Order also extends provisions in article 5A of the 1994 Order (relating to inspection powers and movement restrictions) to diseases of birds and to species of birds not covered by the Directives. These provisions are set out in article 7 of this Order. Articles 1 to 3 of the Order contain introductory and interpretation provisions. Article 4 provides for the notification of designated diseases and for the taking of precautionary measures when disease is suspected. Article 5 sets out restrictions which may apply if a designated disease is suspected or known to exist. Article 6 provides for veterinary inquiry into the existence of a designated disease. Article 7 sets out restrictions which apply where poultry or other birds are suspected of having been exposed to the risk of disease. Article 8 provides for veterinary inquiry as to the possible existence of disease. Article 9 provides for the measures to be taken where a designated disease is confirmed. The restrictions referred to in articles 4, 5 and 9 are set out in Schedule 1. Article 10 sets out the duties of occupiers and persons in charge of premises served with a notice under the Order. Article 11 provides for the declaration by the Scottish Ministers of an infected area where disease has been confirmed. The restrictions applicable in an infected area are set out in Schedule 2. Article 12 allows the Scottish Ministers to require vaccination of poultry. Article 13 sets out restrictions applicable to racing pigeons. Article 14 contains provisions on cleansing and disinfection. Article 15 relates to the keeping of records and article 16 to licences and notices. Article 17 sets out the general powers of veterinary inspectors under the Order. Article 18 provides for the Order to be enforced generally by local authorities. Article 19 revokes the 1994 Order and the Diseases of Poultry (Amendment) Order 1997 insofar as they apply to Scotland. Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981. Notes: [1] 1981 c.22. See section 86(1) for the definition of "the Ministers". The functions of the Ministers of the Crown were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back [2] O.J. No. L 167, 22.06.92, p.1.back [3] O.J. No. L 260, 05.09.92, p.1.back [4] S.I. 1978/32, as relevantly amended by S.I. 1978/934, 1994/3141 and 1999/919 and S.S.I. 2001/45 and 51 and 2003/334.back [5] S.I. 1978/32, as relevantly amended by S.I. 1978/934, 1994/3141 and 1999/919 and S.S.I. 2001/45 and 51 and 2003/334. Article 2(1) was amended by S.I. 1994/3141.back [6] S.I. 1994/3141, as amended by 1997/150.back [8] O.J No. L 167, 22.06.92, p.1.back [9] O.J.No. L 260, 05.09.92, p.1.back
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