The Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007

Interpretation

2.—(1) In these Regulations—

“approved body” means a body approved in accordance with Article 2(1)(c) of Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC(1);

“avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;

“the Avian Influenza Regulations” means the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007(2);

“bird by-product” means entire bodies or parts of birds or products of avian origin, not intended for human consumption, included in Articles 4, 5 or 6 of Regulation (EC) No. 1774/2002;

“the Commission Decision” means Commission Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC(3), as amended by Commission Decision 2007/128/EC and as also amended by the Commission Decision 2007/119/EC amending Decisions 2006/415/EC, 2006/416/EC and 2006/563/EC as regards the identification mark to be applied to fresh poultry meat(4);

“competent authority” means in Great Britain, the Secretary of State, or elsewhere the authority in a member State or third country concerned authorised by it to carry out its functions under the Commission Decision;

“the Department” means the Department of Agriculture and Rural Development;

“designated” means designated by the Department in accordance with regulation 3(5) and (7) and “undesignated” is construed accordingly;

“disinfect” means disinfect in accordance with regulation 17;

“fresh meat” means meat which has not undergone any preserving process other than chilling, freezing or quick-freezing, including meat which is vacuum wrapped or wrapped in a controlled atmosphere;

“H5N1 controlled zone” means any of the following—

(a)

a temporary control zone,

(b)

a temporary movement restriction zone,

(c)

a protection zone,

(d)

a surveillance zone,

(e)

a restricted zone;

“inspector” means a person appointed by the Department to be an inspector for the purposes of these Regulations and includes a veterinary inspector;

“keeper” means any person responsible for birds, whether on a permanent or temporary basis, but does not include a person responsible for them solely because he is transporting them;

“meat product” means a processed product resulting from the processing of meat or from the further processing of such processed product, so that the cut surface shows that the product no longer has the characteristics of fresh meat;

“the 1981 Order” means the Diseases of Animals (Northern Ireland) Order 1981(5);

“other captive bird” means a bird kept in captivity which is not poultry and includes a bird kept—

(a)

as a pet,

(b)

for shows, races, exhibitions or competitions,

(c)

for breeding,

(d)

for sale, or

(e)

for use by an approved body;

“poultry” means all birds reared or kept in captivity for—

(a)

the production of meat or eggs for consumption,

(b)

the production of other products,

(c)

restocking supplies of game birds, or

(d)

the purposes of any breeding programme for the production of these categories of birds;

“premises” includes any land, building or other place;

“protection zone” means a protection zone declared under regulation 28(1) to (4) of the Avian Influenza Regulations following confirmation by the Department of highly pathogenic avian influenza of subtype H5N1 in poultry;

“Regulation (EC) No. 1774/2002” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption, as last amended by Commission Regulation (EC) No 2007/2006(6);

“restricted zone” means a restricted zone declared under the Avian Influenza Regulations in accordance with regulation 8(2) of these Regulations;

“surveillance zone” means a surveillance zone declared under regulation 28(1) to (4) of the Avian Influenza Regulations following confirmation by the Department of highly pathogenic avian influenza of subtype H5N1 in poultry;

“temporary control zone” means a temporary control zone declared under the Avian Influenza Regulations in accordance with regulation 6(2) of these Regulations;

“temporary movement restriction zone” means a temporary movement restriction zone declared under the Avian Influenza Regulations in accordance with regulation 6(2) of these Regulations;

“unrestricted area” means any part of the United Kingdom which is not part of a H5N1 controlled zone declared under these Regulations or an equivalent zone in England, Scotland or Wales;

“vehicle” includes any means of transport and includes—

(a)

a trailer, semi-trailer or other thing designed or adapted to be towed by another vehicle,

(b)

a detachable part of a vehicle,

(c)

a container or other structure designed or adapted to be carried on a vehicle; and

“wild game bird” means a bird which lives freely in the wild and is hunted for human consumption.

(2) Any premises in Great Britain, a member State or a third country which is designated by the competent authority for those premises for purposes corresponding to a designation under these Regulations, are deemed to be designated for the purposes of these Regulations.

(3) The Interpretation Act (Northern Ireland) 1954(7) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(1)

O.J. No. L 268, 14.9.1992, p. 54, as last amended by Directive 2004/68/EC (OJ No L 139, 30.4.2004, p. 321) and corrected by O.J. No. L 226, 25.6.2004, p. 128

(2)

S.R. 2007 No. 68

(3)

O.J. No. L 164, 16.6.2006, p. 51 as last amended by O.J. No. L 53, 22.2.2007, p. 26

(4)

O.J. No. L 51, 20.2.2007, p22

(5)

S.I. 1981/1115 (N.I.22) as amended by S.I. 1984/702 (N.I.2) Article 17, S.I. 1994/1891 (N.I.6) Article 22

(6)

O.J. No. L 273, 10.10.2002, p 1 as last amended by O.J. L 379, 28.12.2006, p 98 and corrected by a corrigendum O.J. No. L 30, 3.2.2007, p 3

(7)

1954 c. 33 (N.I.)