The Salmonella in Laying Flocks (Survey Powers) (Wales) Regulations 2005
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The National Assembly for Wales, being designated[1] for the purposes of section 2(2) of the European Communities Act[2] in relation to the common agricultural policy of the European Community and also being designated[3] for the purposes of section 2(2) of the European Communities Act in relation to measures in the veterinary and phytosanitary fields for the protection of public health, in exercise of the powers conferred on it by that section 2(2) hereby makes the following Regulations: Title, commencement and application 1. - (1) These Regulations may be cited as the Salmonella in Laying Flocks (Survey Powers) (Wales) Regulations 2005 and shall come into force on 31 March 2005. (2) These Regulations apply to Wales only. Interpretation 2. In these Regulations -
Selection of Premises
(b) examine, retain or copy any records including computerised records that appear to the inspector to be, or likely to be, relevant; (c) take and retain such samples, including samples from laying hens, carcases of laying hens and faecal and environmental material, in accordance with the Technical Specifications, as well as all other samples that the inspector considers necessary for the purpose of sampling required by the Commission Decision; (d) take with him or her such vehicles and equipment as the inspector considers necessary; (e) be accompanied by such other persons as the inspector considers necessary; and (f) require the occupier or person in charge of those premises or any employee or agent of that occupier or person in charge of those premises to provide to the inspector such assistance, co-operation, information and documentation including records, computerised or otherwise, as the inspector may reasonably require. Offences
(b) without reasonable cause, fails to comply with regulation 5(f) above; (c) provides to any person acting in the execution of these Regulations any information which that person knows to be false or misleading; or (d) without reasonable cause, fails to produce documentation, including records, or information, to any person acting in the execution of these Regulations when required to do so by that person; shall be guilty of an
offence.
(b) any person who was purporting to act in any such capacity; or (c) in the case of a partnership, a partner or person who was purporting to act as such, any such person, as well as the body corporate or partnership,
shall be guilty of the offence and be liable to be proceeded against
and punished accordingly. (This note is not part of the Regulations) These Regulations, which apply to Wales only, implement Commission Decision 2004/665/EC which requires Member States to carry out a survey for salmonella prevalence in laying flocks (O.J. No. L 303/30) in accordance with certain technical specifications referred to in Article 5 of the Commission Decision. These Regulations -
(b) provide powers for inspectors to enter premises on which flocks of laying hens are present for the purposes of implementing the Commission Decision and for the purposes of enforcement (regulation 4); (c) provide powers for inspectors to obtain information and documentation for the purposes of selecting premises for sampling and provide powers for inspectors on entering premises to make inquiries, examine and retain records, take samples, require assistance, be accompanied by other persons and take equipment and vehicles on to the premises, for the purpose of carrying out sampling under these Regulations (regulation 5); (d) prescribe offences and penalties (regulation 6 and 7); and (e) provide for enforcement by the local authority except where the National Assembly for Wales directs otherwise (regulation 8). A Regulatory Appraisal has been produced for this instrument.
Copies may be obtained from the Animal and Plant Health Division of
the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ. Notes: [1] S.I. 1999/2788.back
ISBN 0 11 091084 2 |
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© Crown copyright 2005 | Prepared 16 March 2005 |