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The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007

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2.  In this Order–

“approved body” means a body approved in accordance with Article 2(1)(c) of Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC(1);

“avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;

“the Avian Influenza Order” means the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006(2);

“bird by-product” means entire bodies or parts of birds or products of avian origin, not intended for human consumption, included in Articles 4, 5 or 6 of Regulation (EC) No. 1774/2002;

“the Chief Veterinary Officer (Scotland)” means the Chief Veterinary Officer of the State Veterinary Service in Scotland;

“the Commission Decision” means Commission Decision 2006/415/EC concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC(3);

“competent authority” means the authority in a member State or third country authorised by it to carry out its functions under the Commission Decision;

“designated” means designated in accordance with article 3(5) to (7), except where the context otherwise requires, and “undesignated” is construed accordingly;

“disinfect” means disinfect in accordance with article 17;

“fresh meat” means meat which has not undergone any preserving process other than chilling, freezing, quick-freezing, vacuum wrapping or wrapping in a controlled atmosphere;

“H5N1 controlled zone” means any of–

(a)

a temporary control zone;

(b)

a temporary movement restriction zone;

(c)

a protection zone;

(d)

a surveillance zone; or

(e)

a restricted zone;

“keeper” means any person responsible for birds, whether on a permanent or temporary basis, but does not include a person responsible for them solely because that person is transporting them;

“meat product” means a processed product resulting from the processing of meat or from the further processing of such processed product, so that the cut surface shows that the product no longer has the characteristics of fresh meat;

“occupier” means, in relation to any premises, the person in charge of those premises;

“other captive bird” means a bird kept in captivity which is not poultry and includes a bird kept–

(a)

as a pet;

(b)

for shows, races, exhibitions or competitions;

(c)

for breeding;

(d)

for sale; or

(e)

for use by an approved body;

“poultry” means birds reared or kept in captivity for the production of meat or eggs for consumption, for the production of other products, for restocking supplies of game or for the purposes of any breeding programme for the production of such categories of birds;

“premises” includes any land, building or other place;

“protection zone” means a protection zone declared under article 26 of the Avian Influenza Order;

“Regulation (EC) No. 1774/2002” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption(4);

“restricted zone” means a restricted zone declared under the Avian Influenza Order in accordance with article 8(2) of this Order;

“surveillance zone” means a surveillance zone declared under article 26 of the Avian Influenza Order;

“temporary control zone” means a temporary control zone declared under the Avian Influenza Order in accordance with article 6 of this Order;

“temporary movement restriction zone” means a temporary movement restriction zone declared under the Avian Influenza Order in accordance with article 6 of this Order;

“unrestricted area” means any part of the United Kingdom which is not part of an H5N1 controlled zone declared under this Order or of an equivalent zone in England, Wales or Northern Ireland;

“vehicle” includes–

(a)

a trailer, semi-trailer or other thing designed or adapted to be towed by another vehicle;

(b)

a detachable part of a vehicle;

(c)

a container or other structure designed or adapted to be carried by or on a vehicle; and

“wild game bird” means a bird which lives freely in the wild and is hunted for human consumption.

(1)

O.J. No. L 268, 14.9.1992, p.54, as corrected by O.J. No. L 226, 25.6.2004, p.128.

(3)

O.J. No. L 164, 16.6.2006, p.51.

(4)

O.J. No. L 273, 10.10.2002, p.1, as last amended by Commission Regulation (EC) No. 208/2006 (O.J. No. L 36, 8.2.2006, p.25).

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