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The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007

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PART 4Movement of by products

Restriction on the movement of bird by products or products derived from bird by products from premises in a wild bird control area

13.—(1) No person may move from a wild bird control area, a bird by product deriving from poultry, other captive birds or wild game bird originating from within that control area, or product deriving from such by products except under the authority of a licence granted by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

(2) A veterinary inspector may not grant or direct the grant of a licence under sub paragraph (1) unless it is for a movement of–

(a)processed animal protein within the meaning of paragraph 42 of Annex I to Regulation (EC) No. 1774/2002 which complies with the requirements in Part A of Chapter II of Annex VII to that Regulation;

(b)blood products within the meaning of paragraph 4 of Annex I to Regulation (EC) No. 1774/2002 which comply with the requirements in Part B of Chapter III of Annex VII to that Regulation;

(c)rendered fats within the meaning of paragraph 50 of Annex I to Regulation (EC) No. 1774/2002 which comply with the requirements in Part A of Chapter IV of Annex VII to that Regulation;

(d)gelatin within the meaning of paragraph 26 of Annex I to Regulation (EC) No. 1774/2002 which complies with the requirements in Part A of Chapter VI of Annex VII to that Regulation;

(e)hydrolysed protein within the meaning of paragraph 31 of Annex I to Regulation (EC) No. 1774/2002 which complies with the requirements in Part B of Chapter VI of Annex VII to that Regulation;

(f)dicalcium phosphate within the meaning of Part A of Chapter VII of Annex VII to Regulation (EC) No. 1774/2002 which complies with the requirements of Part A of Chapter VII of Annex VII to that Regulation;

(g)tricalcium phosphate within the meaning of Part A of Chapter VIII of Annex VII to Regulation (EC) No. 1774/2002 which complies with the requirements of Part A of Chapter VIII of Annex VII to that Regulation;

(h)collagen within the meaning of paragraph 59 of Annex I to Regulation (EC) No. 1774/2002 which complies with the requirements in Part A of Chapter IX of Annex VII to that Regulation;

(i)egg products within the meaning of Part A of Chapter X of Annex VII to Regulation (EC) No. 1774/2002 which comply with the requirements of Part A of Chapter X of Annex VII to that Regulation;

(j)processed petfood within the meaning of paragraph 43 of Annex I to Regulation (EC) No. 1774/2002 which complies with the requirements in Part B of Chapter II of Annex VIII to that Regulation;

(k)dogchews within the meaning of paragraph 22 of Annex I to Regulation (EC) No. 1774/2002 which comply with the requirements in Part B of Chapter II of Annex VIII to that Regulation;

(l)processed manure and processed manure products within the meaning of Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002 which comply with the requirements for placing on the market in that Part;

(m)game trophies of birds having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures within the meaning of paragraph 1(a) of Part A of Chapter VII of Annex VIII to Regulation (EC) No. 1774/2002.

(n)those by products which are transported to designated incineration plants, processing plants, oleochemical plants, biogas and composting plants, petfood plants or technical plants for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;

(o)those by products which are transported to users or collection centres authorised and registered in accordance with Article 23(4) of Regulation (EC) No. 1774/2002 for the feeding of animals after they have been treated in accordance with paragraph 5(a)(ii) of Annex IX to that Regulation or by another treatment approved by the competent authority which ensures inactivation of the avian influenza virus;

(p)untreated feathers or parts of untreated feathers produced from poultry which comply with the requirements of point 1(a) of Part A of Chapter VIII of Annex VIII to Regulation (EC) No. 1774/2002; or

(q)poultry feathers, feathers from wild game bird or parts of such feathers which have been treated with a steam current or by another method which ensures inactivation of the avian influenza virus.

(3) A veterinary inspector may not grant or direct the grant of a licence under sub paragraph (1) for the movement of the by products listed in sub paragraphs (2)(a) to (i) unless they have also been processed at a processing plant which complies with the requirements of Annex V to that Regulation.

(4) The prohibition in sub paragraph (1) does not apply to a movement permitted under paragraph 14 or 15.

(5) The bird by products referred to in sub paragraph (2)(p) and (q) must be accompanied by the model commercial document in accordance with Chapter X of Annex II to Regulation (EC) No. 1774/2002.

(6) The commercial document accompanying the bird by products referred to in sub paragraph (2)(q) must state, at paragraph 6.1 of that document, that they have been treated with a steam current or by another method to ensure no avian influenza pathogens remain.

(7) Paragraph (5) does not apply to processed decorative feathers or processed feathers carried by travellers for their private use or consignments of processed feathers sent to private individuals for non industrial purposes.

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