The Control of Salmonella in Turkey Flocks (Wales) Order 2010

Welsh Statutory Instruments

2010 No. 65 (W.15)

ANIMALS, WALES

ANIMAL HEALTH

The Control of Salmonella in Turkey Flocks (Wales) Order 2010

Made

13 January 2010

Laid before the National Assembly for Wales

15 January 2010

Coming into force

5 February 2010

The Welsh Ministers make this Order in exercise of the powers conferred by sections 1 and 8 of the Animal Health Act 1981(1) and paragraph 1A of Schedule 2 to the European Communities Act 1972(2).

The Welsh Ministers consider it expedient that references to the Community instruments implemented by these Regulations should have effect as references to those instruments as amended from time to time.

Title, application and commencement

1.  The title of this Order is the Control of Salmonella in Turkey Flocks (Wales) Order 2010. It applies in relation to Wales and comes into force on 5 February 2010.

Interpretation

2.—(1) In this Order—

• “flock” (“haid”) means all turkeys of the same health status kept on the same premises or in the same enclosure and constituting a single epidemiological unit and, in the case of housed turkeys, includes all birds sharing the same airspace;

• “holding” (“daliad”) means any holding on which one or more turkey flocks are kept or are intended to be kept;

• “occupier” (“meddiannydd”) means, in relation to any holding, the person in charge of the holding;

• “turkey flock” (“haid o dyrcwn”) means—

  (a)

  a flock of more than 250 turkeys kept for breeding;

  (b)

  a flock of more than 500 turkeys kept for the production of meat intended for human consumption unless—

  (i)

  less than 10,000 individual turkeys are kept in any 12 month period at the holding where the flock is found, and

  (ii)

  all the meat is supplied to the final consumer or to local retail establishments.

(2) In this Order, a reference to—

(a) Regulation (EC) No 584/2008 is a reference to Commission Regulation (EC) No 584/2008 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of Salmonella enteritidis and Salmonella typhimurium in turkeys(3),

(b) Regulation (EC) No 646/2007 is a reference to Commission Regulation (EC) No 646/2007 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of Salmonella enteritidis and Salmonella typhimurium in broilers and repealing Regulation (EC) No 1091/2005(4),

(c) Regulation (EC) No 1177/2006 is a reference to Commission Regulation (EC) No 1177/2006 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national programmes for the control of Salmonella in poultry(5),

in each case as amended from time to time.

Competent authority

3.  The Welsh Ministers are the competent authority for the purposes of—

(a) Regulation (EC) No 584/2008;

(b) Regulation (EC) No 646/2007; and

(c) Regulation (EC) No 1177/2006.

Sampling

4.—(1) The occupier must carry out sampling in accordance with points 1 and 2 of the Annex to Regulation (EC) No 584/2008 and must despatch samples to an approved laboratory in accordance with point 3.1 of that Annex (and for the purposes of that point “express mail” includes first class post).

(2) In relation to each sample the occupier must provide the following information—

(a) the name of the occupier;

(b) the address of the holding;

(c) the type of samples;

(d) the date on which the samples were taken;

(e) the identification of the flock, where there is more than one flock on the holding;

(f) the date on which the flock moved onto the holding;

(g) the age of the flock.

Records of samples

5.—(1) The occupier must, as soon as is reasonably practicable after taking a sample, record—

(a) the type of sample taken;

(b) the date on which the sample was taken;

(c) where there is more than one flock on the holding, the identification of the flock from which the sample was taken;

(d) the age of the flock sampled;

(e) the laboratory to which the sample was sent;

(f) intended date of slaughter of the flock sampled.

(2) The occupier must record the result of each test when it is received from the laboratory.

Records of movements

6.  When birds are moved on to or off a holding the occupier must record for each flock—

(a) the date of the movement;

(b) whether the movement was onto or off the holding;

(c) the number of birds moved;

(d) the age of the birds moved;

(e) in the case of the movement of an entire flock, the identification of that flock, where there is more than one flock on the holding;

(f) the identity of the building or group of buildings into or from which the birds were moved;

(g) the address of the holding that they came from or the slaughterhouse or holding they were sent to.

Duties of the person in charge of a laboratory

7.  Where a laboratory tests samples, the person in charge of the laboratory must ensure that they are tested in accordance with point 3 of the Annex to Regulation (EC) No 584/2008.

Prohibition on the use of antimicrobials

8.  No person may administer any antimicrobial to any turkeys as a specific method to control Salmonella in breach of Article 2(1) of Regulation (EC) No 1177/2006 (use of antimicrobials).

Prohibition on the use of vaccines

9.  No person may administer any live Salmonella vaccine to any turkeys in breach of Article 3(1) of Regulation (EC) No 1177/2006 (use of vaccines).

Records

10.  Any person required to keep a record under this Order must keep it for two years from the date it is made and must produce it on demand to an inspector or officer of the Welsh Ministers and allow a copy of it to be made or an extract from it to be taken.

Tampering with samples

11.  A person must not tamper with a sample or do anything to it that is likely to affect the result of any test required to be carried out under this Order.

Powers of the Welsh Ministers in cases of default

12.  If any person fails to take any action required by this Order, an inspector may arrange for such action to be taken at the expense of the person in default.

Enforcement

13.—(1) This Order is enforced by the local authority.

(2) The Welsh Ministers may direct, in relation to cases of a particular description or any particular case, that the Welsh Ministers will enforce this Order instead of the local authority.

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers

13 January 2010

Explanatory Note

(This note is not part of the Order)

This Order enforces Commission Regulation 584/2008(6) and Commission Regulation 1177/2006(7).

It makes provision for the testing of turkey flocks for Salmonella. It also prohibits the use of antimicrobials and live Salmonella vaccine for the control of Salmonella.

The Order is enforced by the local authority.

Breach of the Order is an offence under section 73 of the Animal Health Act 1981 (c. 22), punishable in accordance with section 75 of that Act.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available on the Welsh Assembly Government’s website.

(1)

1981 c. 22. Functions of the Minister and the Secretary of State transferred to the National Assembly for Wales by S.I. 1999/672 and S.I. 2004/3044. Functions of the National Assembly for Wales are exercisable by the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006.

(2)

1972 c. 68. Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

(3)

OJ No L 162, 21.6.2008, p. 3.

(4)

OJ No L 151, 13.6.2007, p. 21.

(5)

OJ No L 212, 2.8.2006, p. 3.

(6)

OJ No L 162, 21.6.2008, p. 3.

(7)

OJ No L 212, 2.8.2006, p. 3.