The Classical Swine Fever (Scotland) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order, which applies to Scotland, implements Council Directive 2001/89/EC (O.J. No. L 316, 01/12/2001, p.0005) revising Community measures for the control of classical swine fever. It revokes and replaces the Swine Fever (Infected Areas Restrictions) Order 1956 and the Swine Fever Order 1963. This Order–

(a) requires any person who suspects that a pig or carcase is infected with classical swine fever (“the disease”) to notify the Divisional Veterinary Manager for that area (article 4);

(b) requires the Divisional Veterinary Manager, in any case where he suspects that the disease may exist on a holding, to serve a notice imposing the requirements set out article 5;

(c) permits a veterinary inspector to serve a further notice extending certain of the restrictions in article 5 (article 6);

(d) where the presence of the disease is confirmed on a holding, requires a veterinary inspector to serve a notice on the occupier of the holding requiring him to ensure that the restrictions and requirements in article 5 and any applicable requirements of article 6 are carried out (article 7);

(e) sets out the measures which must be taken where the disease is confirmed in a slaughterhouse, knacker’s yard or other place or on a means of transport (article 8);

(f) makes provision for an epidemiological investigation in certain circumstances (articles 5(1)(c), 7(b) and 8(2));

(g) sets out the action that should be taken where it is considered that the disease may have been transferred to or from the infected or suspected holding to or from another holding (article 9);

(h) provides for the establishment of temporary control zones imposing restrictions to limit the spread of the disease (article 10);

(i) requires the Scottish Ministers to set up an infected area around the location of the outbreak of the disease and provides for this to be split into a protection zone and a surveillance zone in order that the disease can be controlled and monitored (article 11);

(j) sets out requirements for cleansing and disinfection where that is required under the Order (article 12);

(k) sets out the measures to be taken where the disease is suspected or confirmed in feral pigs (articles 13 & 14);

(l) prohibits the use of the classical swine fever vaccine except for duly authorised purposes (article 15);

(m) gives power to an inspector to take action to ensure that the requirements of this Order are carried out where any person fails to comply with those restrictions and requirements, and sets up an appeal procedure (article 16);

This Order will impose no financial cost on the industry unless there were to be confirmed cases of classical swine fever. Since the requirements imposed by the Directive will differ little from existing practice, in the event of the disease being confirmed in pig herds in Scotland there should be no additional burdens in complying with the new requirements.

A Regulatory Impact Assessment has been prepared for this Order, and has been placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Executive Environment and Rural Development Department, Pentland House, Robb’s Loan, Edinburgh, EH14 1TY.