The Aquatic Animal Health Regulations (Northern Ireland) 2009

General health requirements

19.—(1) It is an offence for a person to place on the market any aquaculture animal or any aquaculture product if the person doing so knows or suspects, or ought to know or suspect, that it would pose a risk of spreading disease to any aquatic animal.

(2) It is an offence for a person to place on the market any aquaculture animal for farming unless the animal—

(a) is clinically healthy; and

(b) subject to paragraph (4), comes from a farm or mollusc farming area where there is no unresolved increased mortality.

(3) It is an offence for a person to release any aquaculture animal into the wild or into a put and take fishery unless the animal—

(a) is clinically healthy;

(b) subject to paragraph (4), comes from a farm or mollusc farming area where there is no unresolved increased mortality; and

(c) if it is of a species susceptible to a disease listed in the second column of Part II of Annex IV to Directive 2006/88, or is a vector for that disease, comes from a zone or compartment which has, in relation to that disease, a Category I disease-free health status as referred to in Part A of Annex III to Directive 2006/88.

(4) Paragraphs (2)(b) and 3(b) do not apply where—

(a) the aquaculture animal comes from a part of the farm or mollusc farming area which is independent of the epidemiological unit in which the increased mortality has occurred; and

(b) the placing on the market or release of the animal is under, and in accordance with the conditions of, a licence granted by the Department.

(5) It is an offence for a person to place on the market any ornamental aquatic animal if the person doing so knows or suspects, or ought to know or suspect, that it would pose a risk of spreading disease to any aquatic animal.

(6) It is an offence for a person to release any ornamental aquatic animal kept in a closed ornamental facility into an open ornamental facility, farm, mollusc farming area, relaying area, put and take fishery or into the wild, except under, and in accordance with the conditions of, a licence granted by the Department.

(7) It is an offence for a person to place on the market for farming or restocking any aquaculture animal intended for destruction or slaughter in accordance with disease control measures under Part 4 or under any equivalent provision in regulations extending to any other part of the United Kingdom.

(8) Where any live aquaculture animal of a species susceptible to a disease listed in the second column of Part II of Annex IV to Directive 2006/88, or which is a vector for that disease, is placed on the market for further processing, it is an offence for a person to temporarily store the animal unless it—

(a) is stored at the place of processing; and

(b) either—

(i) comes from a Member State, zone or compartment declared free of that disease in accordance with Article 49 or 50 of Directive 2006/88; or

(ii) is temporarily kept in a dispatch centre, purification centre or similar establishment equipped with an effluent treatment system which inactivates the pathogens which cause that disease or which reduces the risk of transmitting diseases to natural waters to an acceptable level.

(9) Where any live mollusc or crustacean of a species susceptible to a disease listed in the second column of Part II of Annex IV to Directive 2006/88 is placed on the market for human consumption without further processing, it is an offence for a person to temporarily relay the mollusc or crustacean in any waters or introduce it into a dispatch centre, purification centre or similar establishment unless the mollusc or crustacean—

(a) comes from a Member State, zone or compartment declared free of that disease in accordance with Article 49 or 50 of Directive 2006/88; or

(b) is temporarily kept in a dispatch centre, purification centre or similar establishment equipped with an effluent treatment system which inactivates the pathogens which cause that disease or which reduces the risk of transmitting diseases to natural waters to an acceptable level.

(10) It is an offence for a person to contravene any of the following provisions of Regulation 1251/2008—

(a) Article 9 (introduction of aquaculture animals after inspection);

(b) Article 15(1), (2) or (3) (requirements for the release of aquaculture animals and products thereof and for transport water).

(11) In this regulation —

(a) an aquaculture animal, mollusc or crustacean is of a species susceptible to a disease listed in the second column of Part II of Annex IV of Directive 2006/88 if it is of a species listed in the third column of that Part opposite the disease listed in the second column of that Part;

(b) an aquaculture animal is a vector for a disease if it is of a species listed in Column 2 of the table in Annex I to Regulation 1251/2008 opposite the disease listed in Column 1 and it fulfils the conditions set out in Columns 3 and 4 of that table;

(c) ‘restocking’ includes release into the wild or into a put and take fishery.