The Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007

PART VIII GENERAL MEASURES ON SUSPICION OR CONFIRMATION OF AVIAN INFLUENZA

Restrictions relating to things moved from Great Britain

62.—(1) Subject to paragraph (2), measures in these Regulations applying in respect of any thing moved from a controlled zone or from any of the premises referred to in paragraph (3) apply in respect of any such thing moved from an equivalent zone or equivalent premises in Great Britain.

(2) Paragraph (1) only applies if the person to whom the measure applies is aware or should reasonably have been aware that the thing moved is from such an equivalent zone or equivalent premises.

(3) The premises referred to in paragraph (1) are—

(a) suspect premises;

(b) contact premises;

(c) infected premises; and

(d) premises subject to restrictions under Part VII.

Measures relating to slaughter and to poultry meat

63.—(1) The occupier of a designated slaughterhouse to which poultry from premises in a protection zone are sent must ensure that—

(a) the poultry are kept separate from poultry from outside the zone;

(b) the poultry are slaughtered separately or at different times from poultry from outside the zone; and

(c) the part of the designated slaughterhouse and any equipment and any other thing which has been used for the slaughter or subsequent processing of the poultry are cleansed and disinfected in accordance with the instructions of an inspector before poultry from outside the zone are slaughtered.

(2) A person shall not move poultry meat from poultry originating in a protection zone except under the authority of and in accordance with the conditions of a licence granted by the Department and the poultry meat—

(a) bears a mark (or is in packaging which bears a mark) approved by the Department and which—

(i) identifies the poultry meat as coming from a protection zone, and

(ii) complies with paragraphs 9, 10, 11 and 13 of section 1(C) of Annex II to Regulation (EC) No 853/2004 laying down specific hygiene rules for food of animal origin(1); and

(b) is obtained, cut, transported and stored separately from poultry meat from outside the zone.

(3) A person shall not move poultry meat from poultry from outside a protection zone unless the meat—

(a) is obtained, cut, transported and stored separately from meat produced from poultry originating in the protection zone; and

(b) in the case of meat produced from poultry from an area which subsequent to such production becomes a protection zone—

(i) was produced at least 21 days before the date an inspector estimates as the date of earliest infection at premises in the protection zone; and

(ii) has been obtained, cut, transported and stored separately from meat produced after that date.

(4) Poultry meat from poultry outside a protection zone which does not meet the requirements of paragraph (3)(b) is subject to the measures in paragraphs (2) and (5) applicable to meat from poultry originating in a protection zone.

(5) A person shall not supply poultry meat from poultry originating in a protection zone for intra-Community or international trade.

(6) A person, other than the final consumer of meat marked with a mark referred to in paragraph (2)(a), shall not deface, obliterate or remove that mark, unless under the authority of and in accordance with the conditions of a licence granted by the Department.

(7) In this regulation, “poultry meat” means poultry meat, and any product containing it, which has not been heat treated at a minimum temperature of 70°C, which temperature must be reached throughout the meat or product.

Poultry moved to premises outside a controlled zone other than for slaughter

64.—(1) The occupier of any premises not in a protection or surveillance zone to which day-old chicks are moved must ensure that they are not moved off the premises for at least 21 days from the date they arrive there if those chicks were—

(a) hatched from eggs originating in a protection and surveillance zone or from eggs which have come into contact with such eggs; and

(b) moved from a designated hatchery in a protection and surveillance zone.

(2) The occupier of any premises not in a protection or surveillance zone to which ready-to-lay poultry from a protection or surveillance zone are moved must ensure that they are not moved off the premises for at least 21 days from the date they arrived there.

(3) The occupier of any premises outside a low pathogenic avian influenza restricted zone to which poultry are moved from such a zone must ensure that poultry other than day-old chicks hatched from eggs originating outside the zone are not moved off the premises for at least 21 days from the date they arrived there.

(4) The occupier of any premises to which any thing is moved under this regulation must, for at least 21 days from the date the thing was moved to the premises, make the following daily records—

(a) the number or approximate number of poultry on the premises;

(b) the number of poultry falling ill on the premises;

(c) the number of poultry dying on the premises;

(d) the amount of feed and, where possible, water being consumed by any poultry on the premises;

(e) details of any egg production on the premises.

(5) Records made under paragraph (4) must be kept for at least 6 weeks from the date the last record was made.

(6) The Department must ensure that such veterinary inquiries as it considers necessary to monitor for avian influenza take place at the premises to which things are moved.

Movements to egg processing plants

65.—(1) The occupier of an egg processing plant to which eggs are moved from suspect premises (under paragraph 6 of Schedule 1) or from infected premises during the unregulated period of infection (under regulation 24(2)(c)) must ensure that—

(a) the eggs are kept separate from other eggs at the plant from the time they arrive until they are processed;

(b) the shells of the eggs are disposed of;

(c) the packaging used to transport the eggs is destroyed or cleansed and disinfected; and

(d) any person involved in the handling and processing of eggs takes appropriate biosecurity measures.

(2) The owner or driver of any vehicle used to transport eggs to an egg processing plant must ensure that it is cleansed and disinfected before the eggs are loaded and after they are unloaded.

(3) A person involved in the transportation of eggs to an egg processing plant must take such biosecurity measures as he considers necessary to prevent the spread of disease.

Cleansing, disinfection and treatment

66.—(1) A person who is required under these Regulations to cleanse, disinfect or treat any premises (other than a regulated place) or any thing (including any vehicle under his control) on those premises must do so in accordance with Schedule 3.

(2) A person who is required under these Regulations to cleanse, disinfect or treat a regulated place, any thing on those premises or any vehicle not referred to in paragraph (1) must do so in accordance with the instructions of an inspector.

(3) The occupier of any premises required to be cleansed or disinfected under these Regulations, or on which cleansing and disinfection of any vehicle is so required, must provide adequate facilities, equipment and materials to carry out such cleansing and disinfection.

(4) An inspector may, by notice served on the occupier of premises referred to in paragraph (1), provide that part of the premises which is the subject of that notice and which would otherwise be subject to the measures in Schedule 3 may be subject instead to the measures in paragraph (2).

(5) A person who is required to disinfect under these Regulations must—

(a) use disinfectants approved by the Department under the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972(2) for the purposes of avian influenza;

(b) use them at the concentrations approved under that Order; and

(c) use them in accordance with—

(i) the instructions of the manufacturer (if any), or

(ii) (if different) the instructions of an inspector.

(6) An inspector may, by notice served on the occupier of any premises where avian influenza has been confirmed—

(a) prohibit the keeping of poultry or other captive birds on the premises or on any part of the premises where he believes avian influenza virus may still exist; and

(b) prohibit the entry of a person, vehicle, poultry, other captive birds, mammals or thing onto a premises or part of premises which he believes cannot be cleansed and disinfected.

(7) An inspector must not revoke a notice served under paragraph (6) unless—

(a) at least a year has passed since the date the notice was served; or

(b) (in the case of fields on the premises or of any other part of the premises which is not a building or part of a building), the Department has confirmed that he may do so.

(8) An inspector may prohibit the movement of poultry, other captive birds, mammals or vehicles to or from any premises until cleansing and disinfection have been completed to the satisfaction of the inspector.

(9) An inspector may, in the case of vehicles, prohibit their movement until cleansing and disinfection have been completed to the satisfaction of the inspector.

Restocking

67.—(1) A person shall not restock with poultry or other captive birds, infected premises or contact premises if poultry or other captive birds kept on those premises have been killed under paragraph 11 of Part I of Schedule 2 to the 1981 Order.

(2) Paragraph (1) shall not apply to restocking carried out under the authority of and in accordance with the conditions of a licence granted by the Department.

(3) The Department shall not licence the restocking of commercial poultry premises until at least 21 days after the date final cleansing and disinfection was completed at the premises in accordance with Part II of Schedule 3.

(4) Where premises subject to measures in Schedules 1, 2 or 6 have been restocked an inspector may vary those measures, by notice served on the occupier of the premises.

Surveillance at restocked commercial poultry premises

68.—(1) The Department must ensure that the following measures are taken not more than 21 days after the date any poultry are brought onto commercial poultry premises for restocking—

(a) the examination of any poultry on the premises by an inspector;

(b) the taking from such poultry of such samples as the Department requires and the laboratory testing of such samples for avian influenza;

(c) the testing for avian influenza of such poultry which die on the premises as an inspector considers necessary.

(2) An inspector who examines poultry under paragraph (1)(a) may carry out more than one examination of the birds and shall ensure that he carries out at least one examination as close as possible to the end of the 21 day period referred to in paragraph (1).

Additional measures at restocked commercial poultry premises

69.—(1) The occupier of commercial poultry premises which have been restocked must, for at least 21 days from the date of restocking, make the following daily records—

(a) the number or approximate number of poultry on the premises;

(b) the number of poultry falling ill on the premises;

(c) the number of poultry dying on the premises;

(d) the amount of feed and, where possible, water being consumed by poultry on the premises;

(e) any egg production on the premises.

(2) The occupier of commercial poultry premises must ensure that a record made under paragraph (1) is kept for at least 6 weeks from the date the last record was made.

Measures at other restocked premises

70.  The Department may, in relation to other restocked premises where poultry or other captive birds are kept,—

(a) apply the measures in regulation 68; and

(b) by notice served on the occupier of the premises, require him to carry out the measures in regulation 69.

Designation of premises to which things may be moved

71.—(1) On receipt of an application in writing by the occupier of the premises, the Department may designate the following premises for the following purposes—

(a) a slaughterhouse for the purpose of receiving poultry, pigs or other mammals moved under a licence granted under these Regulations;

(b) a hatchery for the purpose of receiving eggs moved under a licence granted under these Regulations;

(c) an egg packing centre for the purpose of receiving eggs moved under a licence granted under these Regulations;

(d) any premises for the purpose of receiving eggs moved under a licence granted under these Regulations for use for scientific, diagnostic or pharmaceutical purposes.

(2) The Department shall not make a designation unless it is satisfied that the risk of the transmission of avian influenza from the premises is minimal.

(3) The following premises are deemed to be designated under paragraph (1)(d), unless the Department directs otherwise by notice served on the occupier of the premises—

(a) premises licenced to manufacture or assemble human vaccines under section 8(2) of the Medicines Act 1968(3);

(b) premises authorised to manufacture animal vaccines under regulation 5 of The Veterinary Medicines Regulations 2006(4);

(c) premises licenced under sections 4 or 5 of the Animals (Scientific Procedures) Act 1986(5);

(d) premises licenced under Article 4 of the Specified Animal Pathogens Order (Northern Ireland) 1999(6).

Records of movements authorised by licence

72.—(1) A person moving poultry, other captive birds or their products under a licence granted under these Regulations must, as soon after the movement as is reasonably practicable, make a record of—

(a) what is moved, including its quantity;

(b) the date of the movement;

(c) the name of the consignor;

(d) the address of the premises from which the movement started;

(e) the registration number of any vehicle used;

(f) the name of the consignee; and

(g) the address of the destination.

(2) The person making such a record must retain it for at least twelve months from the date the movement was completed.

Retention and production of records

73.—(1) A person who is required to keep a record must—

(a) retain it for at least twelve months from the date the record is made (unless otherwise required under these Regulations); and

(b) produce it on demand to an inspector and provide him with copies if required.

(2) An inspector may enter any premises for the purpose of inspecting any records required to be kept and may—

(a) copy such records (in whatever form they are held);

(b) require any computer records to be produced in a form which can be taken away; and

(c) remove any record and retain it until he has carried out his functions under these Regulations.

Change of occupation of premises under restriction

74.—(1) This regulation applies if the keeper of any poultry, other captive bird or mammal is unable to move it from premises on the termination of his right of occupation because of a movement restriction imposed under these Regulations and continues to apply for seven days after any such restriction has been removed.

(2) The person entitled to occupation of the premises following that termination must—

(a) provide such facilities for feeding, tending or otherwise using the poultry, other captive bird or mammal (including selling it) as the keeper may reasonably require; and

(b) allow entry to the premises to that keeper and any person authorised by him at reasonable times for feeding, tending or otherwise using the poultry, other captive bird or mammal.

(3) If the keeper is unable or unwilling to feed or tend the poultry, other captive bird or mammal, the person entitled to occupation of the premises must take such steps as are necessary to ensure it is properly fed and tended.

(4) The keeper of the poultry, other captive bird or mammal is liable to pay the reasonable costs incurred under these Regulations by any person feeding or tending it, or providing facilities for feeding, tending or otherwise using it.

Killing of birds and destruction of things which may be contaminated

75.—(1) Before causing poultry or other birds to be killed under paragraph 11 of Part I of Schedule 2 to the 1981 Order, the Department must give notice of its intention to do so to the occupier of the premises where the birds are kept or to their keeper.

(2) Before causing any mammal to be killed under paragraph 10 of Part I to Schedule 2 of the 1981 Order, the Department must give notice of its intention to do so to the occupier of the premises where the mammal is kept or to its keeper.

(3) Before causing the seizure of any thing under Article 6 of the 1981 Order, the Department must give notice of its intention to do so—

(a) to the occupier of the premises where the thing is kept; or

(b) to the owner or keeper of the thing.

Duty of the Department to erect signs

76.—(1) The Department shall, if reasonably practicable, ensure that the boundaries of a controlled zone other than an avian influenza (restrictions on mammals) zone are indicated by signs erected in a conspicuous position on roads entering the zone on which poultry are likely to be moved.

(2) The Department shall, if reasonably practicable, ensure that the boundaries of an avian influenza (restrictions on mammals) zone are indicated by signs erected in a conspicuous position on roads entering the zone on which mammals, or mammals specified in the declaration of the zone, are likely to be moved.

(3) The Department shall cause a notice of any restriction or prohibition on the movement of any person onto any premises in a protection zone declared under regulation 35(2)(c) (“a restriction notice”) to be displayed at—

(a) every entrance to the premises;

(b) such places on any public or private right of way the subject of the declaration as it considers appropriate; and

(c) any other location it considers appropriate.

(4) A person shall not alter, remove, obliterate or deface any sign erected or notice displayed under this regulation.

(1)

O.J. No. L 139, 30.4.2004, p. 55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (O.J. No. L226, 25.6.2004, p.22)

(2)

S.R. & O. (N.I.) 1972 No 16 as amended by S.R. 1975 No. 69, S.R. 1995 No. 467 and S.R. 2006 No. 42

(3)

1968 c.67

(4)

S.I. 2006/2407

(5)

1986 c.14 to which there are amendments not relevant to these Regulations

(6)

S.R 1999 No. 434