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11. Where an inspector suspects that a pig that is or has been infected with swine vesicular disease virus is on any premises (whether or not following a notification under these Regulations), or premises are contaminated with swine vesicular disease virus the inspector shall—
(a)serve a notice on the occupier declaring those premises to be suspect premises;
(b)impose the measures in Schedule 1, and
(c)ensure that warning signs prohibiting entry are erected at suitable points around the premises.
12. A veterinary inspector shall begin an epidemiological inquiry to establish—
(a)the length of time that swine vesicular disease virus may have existed on the premises described in Regulation 11(a),
(b)the origin of that virus,
(c)the identification of other premises contaminated with that virus from the same source,
(d)the movement of any person or thing that could have carried that virus to or from the premises, and
(e)the possibility that pigs living in the wild may be involved in the spread of the virus,
and shall continue the inquiry until these have been established so far as is practicable or the possibility of disease has been discounted.
13.—(1) This regulation shall apply where a veterinary inspector suspects that swine vesicular disease virus exists on any premises but this suspicion does not arise out of the fact that the premises have an epidemiological link with infected premises.
(2) Following service of a notice on the occupier on suspicion of swine vesicular disease, a veterinary inspector shall take all reasonable steps to establish whether or not the suspicion is correct.
(3) These shall include taking samples from any pigs on the premises (if there are any) and having them tested.
(4) When premises do not have pigs on them when the notice is served, the veterinary inspector may take samples from the pigs or carcases that have been on the premises, and may take environmental samples from the premises.
(5) If the tests carried out under paragraphs (3) and (4) demonstrate that—
(a)swine vesicular disease virus is in a pig or on the premises, or
(b)the premises contain pigs that are seropositive for swine vesicular disease and in addition those pigs or other pigs on the premises show clinical signs of swine vesicular disease,
the Department shall serve a notice on the occupier declaring the premises to be infected premises.
(6) If the tests carried out under paragraph (3) demonstrate that there are seropositive pigs on the premises, but none of the pigs on the premises shows clinical signs of swine vesicular disease, the Department shall—
(a)continue to monitor the premises and take further samples and test those samples, with an interval of 28 days at least between the samples taken when disease was first suspected and the samples taken under this sub-paragraph,
(b)declare the premises to be infected premises if the test on the further samples shows that swine vesicular disease virus exists in a pig on the premises,
(c)ensure that all pigs that have tested seropositive are—
(i)killed and destroyed under the supervision of an inspector, or
(ii)slaughtered in a slaughterhouse designated for the purpose by the Department where they are kept and slaughtered separately from other pigs,
and the Department shall remove the measures in Schedule 1 once all seropositive pigs have been killed or removed from the premises.
(7) If the tests at paragraphs (3) and (4) demonstrate that there is no swine vesicular disease virus in a pig or on the premises and that there are no seropositive pigs on the premises the veterinary inspector shall remove the measures in Schedule 1.
14.—(1) This regulation applies where a veterinary inspector suspects that swine vesicular disease virus exists on any premises and this suspicion arises out of the fact that the premises have an epidemiological link with infected premises.
(2) If any pig on the suspect premises shows clinical signs of swine vesicular disease the Department shall, by notice served on the occupier, declare the suspect premises to be infected premises.
(3) If no pig on the suspect premises shows clinical signs of swine vesicular disease the Department shall assess the risk of swine vesicular disease virus being present on the suspect premises, taking account of the degree of contact between the suspect premises and the infected premises, and on the basis of the assessment shall—
(a)kill all the pigs on the suspect premises without further confirmation of the existence of the disease on those premises and without declaring the premises to be infected premises, or
(b)monitor the premises for at least 28 days.
(4) The Department shall, by notice served on the occupier, declare the suspect premises to be infected premises if tests demonstrate that the premises—
(a)contain or contained a pig that is infected with swine vesicular disease virus, or
(b)contain a pig that is seropositive for swine vesicular disease virus,
(5) If the Department does not declare the premises to be infected premises the Department shall assess when the measures in Schedule 1 may be removed.
(6) On the basis of the assessment the Department shall decide what actions (including if necessary cleansing and disinfection and re-stocking with sentinel pigs) shall be carried out before the measures in Schedule 1 can be removed, and notify the occupier of these (if all the pigs were not killed on the premises, the measures in Schedule 1 may not be removed during the 28 day monitoring period).
(7) The Department shall remove the measures when satisfied that the actions notified to the occupier have been carried out.
15. If pigs on any premises show clinical signs of swine vesicular disease and there are infected premises sufficiently close to the premises for the Department to be satisfied that the premises are also infected a veterinary inspector shall—
(a)by notice served on the occupier, declare those premises as infected premises;
(b)impose the measures in Schedule 1, and
(c)ensure that warning signs prohibiting entry are erected at suitable points around the premises,
without declaring the premises to be suspect premises.
16.—(1) This regulation applies where a veterinary inspector suspects that a pig living in the wild is infected with swine vesicular disease virus.
(2) A veterinary inspector shall take all reasonable steps to establish whether or not the suspicion is correct.
(3) Where a veterinary inspector concludes that swine vesicular disease virus is likely to be present in a pig living in the wild, the Department shall take appropriate action to minimise the risk of that virus spreading to domestic pigs.
17.—(1) It is an offence not to comply with any of the measures in Schedule 1.
(2) The measures in Schedule 1 shall remain in place until the Department serves a notice on the occupier of the premises revoking them.
(3) When a warning sign has been erected under this Part, the occupier of the premises shall ensure that it is properly maintained, and failure to do so is an offence.
(4) It is an offence to remove a warning sign erected under this Part except under the authority of a veterinary inspector.
(5) A veterinary inspector may only authorise the removal of the warning signs when the measures in Schedule 1 are revoked.
18.—(1) The Department may by notice served on the occupier of any premises (other than infected premises) declare that they are to be regarded as two or more separate production units if the Chief Veterinary Officer advises that in his opinion the premises comply with the requirements of Article 7 of Council Directive 92/119/EEC(1).
(2) A declaration under paragraph (1) shall identify and designate the boundaries of each separate unit and shall declare every separate unit which is free of disease to be a free unit.
(3) A unit shall cease to be a free unit on—
(a)variation of the notice declaring it such that it is no longer declared to be a free unit; or
(b)revocation of the notice.
O.J. No. L 62, 15.3.1993, p. 69 as last amended by Council Directive 2008/73/EC (O.J. No. L.219, 14.8.2008, p. 40)
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