The Foot-and-Mouth Disease (Export and Movement Restrictions) (Scotland) Regulations 2007

PART 2 Movement and export: animals, meat and meat products

Movement of animals

8.—(1) No person may move an animal from the restricted area to Scotland.

(2) The prohibition in paragraph (1) does not apply to a movement to an approved slaughterhouse that is–

(a) either direct or through no more than a single assembly centre; and

(b) authorised by a licence.

(3) The prohibition in paragraph (1) does not apply to a direct movement to premises–

(a) where the animal showed no clinical signs of disease on inspection immediately prior to loading, and–

(i) was subjected with negative results to a test for antibodies against disease virus carried out on a blood sample taken within 10 days prior to the date of transport from that area;

(ii) came from a holding that was subjected with negative results to serological survey pursuant to a sampling protocol suitable to detect 5% prevalence of disease with at least a 95% level of confidence; or

(iii) came from a holding situated in an area listed in columns 1 to 3 of Part 1 of Schedule 2, and meets the conditions set out in Part 2 of that Schedule; or

(iv) is a pig moving within the framework of a pyramid breeding structure from an approved holding situated in the centre of a circle round that holding of at least 10 km radius in which there has been no outbreak of disease during at least 30 days prior to the date of loading; and

(b) during which the animal does not come into contact with an animal of a lower disease health status; and

(c) authorised by a licence.

Dispatch, transit and export of animals

9.—(1) No person shall dispatch an animal from Scotland.

(2) By way of derogation from paragraph (1), a person may export an animal originating outside Great Britain if the–

(a) animal has made a direct and uninterrupted transit through Scotland travelling only on main roads or railway lines; and

(b) the first and second conditions are met.

(3) The first condition is that at least three days before export the Scottish Ministers have notified the central and local veterinary authorities of the member State of the intended export.

(4) The second condition is that the animal is accompanied by a health certificate which bears in the case of–

(a) a bovine, porcine, ovine and caprine animal, the words–

• “Animals conforming to Commission Decision 2007/554/EC of 9th August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”; and

(b) any other animal, the words–

• “Live biungulates conforming to Commission Decision 2007/554/EC of 9th August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.

Export of meat: general

10.—(1) No person shall export meat from an animal coming from the restricted area, or obtained from animals originating in that area.

(2) The prohibition in paragraph (1) does not apply in relation to–

(a) meat obtained before 15th July 2007;

(b) meat derived from animals reared for at least 90 days prior to slaughter (or since birth if less than 90 days of age) and slaughtered, or in the case of wild game killed, outside Great Britain;

(c) meat from a domestic ungulate or from farmed game that complies with regulation 11, and is derived from–

(i) a bovine, ovine, caprine or porcine animal that was–

(aa) kept on a holding where there has been no outbreak of disease for at least the 90 days prior to slaughter (or since birth if less than 90 days of age);

(bb) kept on a holding complying with regulation 12 during the 21 days prior to transport to an approved slaughterhouse;

(cc) was transported to the slaughterhouse under the control of the Scottish Ministers in a means of transport that was cleansed and disinfected before loading at the holding;

(dd) was slaughtered less that 24 hours after arrival at the slaughterhouse; and

(ee) was slaughtered separately from any animal from which meat is not eligible for export; or

(ii) farmed game that was–

(aa) kept on a holding in an area specified in Schedule 3 where there has been no outbreak of disease for at least the 90 days prior to slaughter; and

(bb) kept on a holding complying with regulation 12 during the 21 days prior to slaughter; and

(cc) transported after slaughter at an approved holding to an approved slaughterhouse or approved cutting plant in a means of transport that was cleansed and disinfected before loading at the holding; and

(d) fresh meat obtained from an animal reared outside the restricted area and transported under the authority of a licence direct to an approved slaughterhouse, provided that–

(i) the animal has no contact with any holding in the restricted area;

(ii) the slaughterhouse is–

(aa) in a part of the restricted area other than Surrey; and

(bb) operated under strict veterinary control;

(iii) the animal is slaughtered immediately on arrival at the slaughterhouse;

(iv) the meat is clearly identified, and transported and stored separately from meat which is not eligible for export;

(e) fresh meat obtained from an approved cutting plant situated in the restricted area if–

(i) only fresh meat described in sub-paragraphs (a) to (d) is processed in the cutting plant in any one day;

(ii) cleansing and disinfection has been carried out after processing any meat not described in sub-paragraphs (a) to (d);

(iii) the cutting plant is operated under strict veterinary control; and

(iv) the fresh meat is clearly identified, and has been transported and stored separately from meat that is not eligible for export.

(3) Any person slaughtering, or consigning to slaughter, an animal to produce meat for export must in respect of–

(a) a bovine, ovine, caprine or porcine animal, make a written declaration to the Scottish Ministers that the conditions of sub-paragraphs (2)(c)(i) have been met, and ensure that the declaration accompanies the animal during the movement to the slaughterhouse; or

(b) farmed game, make a written declaration to the Scottish Ministers that the conditions of sub-paragraphs (2)(c)(ii) have been met.

(4) Meat intended for export to another member State must bear a health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(1).

(5) Meat intended for export to another member State must be accompanied by an official certificate which bears the words–

• “Meat conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.

Export of meat: slaughter, handling and inspection

11.—(1) Meat from a domestic animal must, to comply with this paragraph, have been–

(a) obtained in an approved slaughterhouse situated in an area other than Surrey; and

(b) transported to that slaughterhouse without contact during transport with any holding in the restricted area.

(2) Meat must, to comply with this paragraph, be at all times clearly identified, handled, stored and transported separately from meat not eligible for export.

(3) Meat must, to comply with this paragraph, be derived from an animal subject to a post-mortem by an official veterinarian–

(a) in the slaughterhouse;

(b) in the case of on-farm slaughtering of farmed game, on the holding; or

(c) in the case of wild game, at the game-handling establishment,

with no clinical signs or evidence of disease identified.

(4) Meat must, to comply with this paragraph, remain in the slaughterhouse, holding or establishment for at least 24 hours after the post-mortem inspection described in paragraph (3).

Export of meat: conditions applying to holdings

12.  A holding complying with this regulation–

(a) must be situated in the centre of a circle of at least 10 km radius in which there was no outbreak of disease during at least 30 days prior to the date of loading for transport to slaughter; and

(b) is one where no susceptible animal was introduced to the holding (“the first holding”) during the 21 days prior to the date of loading for transport to slaughter (except in the case of a pig, in which case the period of 21 days may be reduced to 7 days), unless–

(i) the animal–

(aa) complies with the condition in sub-paragraph (aa) of regulation 10(2)(c)(i) (if a cow, pig, sheep or goat), or of regulation 10(2)(c)(ii) (if farmed game); and

(bb) was under the supervision of the Scottish Ministers on a single holding complying with paragraph (a) during the 21 days prior to transport to the first holding (except in the case of a pig, in which case the 21 day period is reduced to 7 days);

(ii) the animal was subjected with negative results to a test for antibodies against disease virus carried out on a blood sample taken within 10 days prior to the date of transport to the holding; or

(iii) the animal comes from a holding that was subjected with negative results to a serological survey pursuant to a sampling protocol suitable to detect 5% prevalence of disease with at least a 95% level of confidence.

Marking of meat not eligible for export

13.  Meat not eligible for export to another member State must be marked in accordance with the second subparagraph of Article 4(1) of Directive 2002/99/EC, or in accordance with Decision 2001/304.

Export of meat products

14.—(1) No person shall export meat products of an animal coming from the restricted area, or prepared using meat obtained from an animal originating in that area.

(2) The prohibition in paragraph (1) does not apply to meat products that have been transported and stored since the date of production separately from other meat products not eligible for export, provided that the first mentioned meat products–

(a) are clearly identified;

(b) bear the health mark in accordance with Chapter III of Annex I to Regulation 854/2004; and

(c) are–

(i) made from meat described in regulation 10(2); or

(ii) products that have undergone at least one of the relevant treatments laid down for foot-and-mouth disease in Part 1 of Annex III to Directive 2002/99.

(3) Meat products exported to another member State must be accompanied by a certificate from an official veterinarian which bears the words–

• “Meat products (including treated stomachs, bladders and intestines) conforming to Commission Decision 2007/554/EC of 9th August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.

(4) Paragraph (3) does not apply to meat products which–

(a) comply with paragraph (2);

(b) have been processed in an establishment operating HACCP and an auditable standard operating procedure that ensures that standards for treatment are met and recorded; and

(c) are on export accompanied by a commercial document endorsed in accordance with regulation 4, which states that the product has been treated in accordance with sub paragraph (2)(c)(ii).

(5) Paragraph (3) does not apply to meat products treated in accordance with paragraph (2)(c)(ii) and stored in hermetically sealed containers in such manner as to ensure that they are shelf stable, if the treatment applied is stated in the commercial document accompanying the dispatch of such products.

(6) In this regulation, references to meat products includes treated stomachs, bladders and intestines.

Cleansing and disinfection

15.—(1) Any person in charge of a vehicle used to transport any live animal shall cleanse and disinfect that vehicle after the transport of the animal is completed.

(2) That person shall ensure that a record is kept of the date and place of the cleansing and disinfection, in accordance with Article 12(2)(d) of Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine(2).

Occupiers of slaughterhouses and other premises

16.—(1) If the disease is identified in premises the occupier must ensure that–

(a) all animals present are slaughtered;

(b) all meat and dead animals are removed;

(c) the establishment is cleansed and disinfected under the supervision of the Scottish Ministers; and

(d) no meat is prepared for consigning outside the areas listed in Schedule 2 for 24 hours following the completion of the cleansing and disinfection required by sub-paragraph (c).

(2) If an animal from the restricted area is slaughtered in premises the occupier must ensure that–

(a) all animals present are slaughtered; and

(b) the establishment is cleansed and disinfected under the supervision of the Scottish Ministers; and

(c) no meat is prepared for consigning outside the restricted area until the completion of the cleansing and disinfection required by sub-paragraph (b).

(3) In this regulation, “premises” means a slaughterhouse, an approved holding on which farmed game is slaughtered, or a game-handling establishment which handles meat controlled under these Regulations.

(1)

O.J. No. L 139, 30.4.2004, p.206 as last amended by Regulation (EC) No. 1791/2006 (O.J. No. L 363, 20.12.2006, p.1).

(2)

O.J. L 121, 29.7.1964, p.1977, the most recent amendment being Council Directive 2006/104/EC.