The African Swine Fever (Scotland) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order, which applies to Scotland, implements Council Directive 2002/60/EC (O.J. No. L 192, 20/07/2002, p.27) revising Community measures for the control of African swine fever. It revokes and replaces the African Swine Fever Order 1980. This Order–

(a) requires any person who suspects that a pig or carcase is infected with African swine fever (“the disease”) to notify the Divisional Veterinary Manager for that area (article 4); and restricts the movement of pigs or carcases, and other things, from the premises concerned;

(b) requires a veterinary inspector, in any case where he suspects that the disease may exist on a holding, or other premises, to serve a notice imposing certain requirements (article 5);

(c) permits a veterinary inspector to serve a further notice imposing restrictions additional to those 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 an infected or suspected holding to or from another holding or other premises (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 area to be split into a protection zone and a surveillance zone (article 11);

(j) sets out requirements for cleansing and disinfection, and for the application of an acaricide, 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, and Schedule 2);

(l) prohibits the use of the African 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 (article 16(2));

(n) provides an appeal procedure in relation to a specific licence issued or notice served under this Order (articles 16(4) and (5));

(o) gives powers to veterinary inspectors and others (article 17).

Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981.

This Order will impose no financial cost on the industry unless there were to be confirmed cases of African 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.