Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th November, 2021.

The Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on him by section 36 of the Animal Health and Welfare Act 2013 (No. 15 of 2013), hereby makes the following regulations:

1. These Regulations may be cited as the Avian Influenza (Biosecurity measures) Regulations 2021 and come into operation on 17 November 2021.

2. In these Regulations:-

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

“other captive bird” means a bird other than poultry that is kept in captivity.

3. (1) A person who has poultry or other captive birds in his or her possession or under his or her control shall comply with the biosecurity measures-

(a) set out in Schedule1, and

(b) in the case of a person who has 500 or more poultry or other captive birds in his or her possession or under his or her control, the biosecurity measures set out in Schedule 2.

4. Regulation 3 is a penal provision to which section 36 (4) (b) of the Animal Health and Welfare Act 2013 applies.

Schedule 1

Regulation 3 (a)

Biosecurity measures

1. All necessary measures to reduce the movement of people, vehicles or equipment to and from areas where poultry or other captive birds are kept.

2. All necessary measures to minimise the risk that poultry or other captive birds will become affected with avian influenza through exposure to manure, slurry or other products.

3. Effective vermin control, including preventing the entry of wild and domestic animals to land or premises where poultry or other captive birds are kept.

4. Feed and bedding must be stored in such a manner that other animals, including wild birds, do not have access.

5. A person who has contact with poultry or other captive birds must take all reasonable measures to avoid the transfer of avian influenza virus to or from land or premises where poultry or other captive birds are kept, including cleansing and disinfection of equipment, vehicles and footwear that has been in contact with poultry or other captive birds.

6. Provide at all entry and exit points of land or premises where poultry or other captive birds are kept, disinfection points containing sufficient amount of a disinfectant that is effective against avian influenza virus used in accordance with the manufacturer’s guidelines.

7. All necessary measures must be taken to prevent access by wild birds to land or premises where poultry or other captive birds are kept.

8. Provide feed and water to poultry or other captive birds in such a way that is not accessible to wild birds.

9. Take all necessary measures to prevent overgrowth of vegetation or accumulation of uncovered water on the land or premises.

10. Remove anything that might attract wild birds from the premises such as fallen fruit or uneaten feed.

11. Inspect the fabric and structural integrity of any building used to house poultry or other captive birds for holes and leaks, with particular emphasis on roofs, gutters and downpipes. Any holes and leaks must be repaired immediately to prevent water ingress.

12. Take all necessary measures to thoroughly clean and disinfect housing and equipment at the end of each production cycle, using a disinfectant that is effective against avian influenza viruses in accordance with the manufacturer’s guidelines.

13. Keep records of all persons and vehicles that enter land or premises where poultry or other captive birds are kept.

14. Keep records of movement of poultry, other captive bird and eggs onto or off land or premises. Records must include-

(a) the quantity and description (including species of bird or type of egg),

(b) the date of each movement,

(c) the land or premises of destination, and

(d) the name and address of the person to whom consigned.

15. All outdoor areas where poultry and other captive birds have access to must be fenced to confine the birds and must be managed to ensure-

(a) that the area is not contaminated with feathers or faecal material from wild birds and all reasonable steps are taken to remove such contamination that is present,

(b) access to open or permanent standing water is restricted by fencing off and netting ponds, standing water or waterlogged land to prevent access by poultry or other captive birds,

(c) there is no direct contact with other poultry or other captive birds,

(d) that ducks and geese are kept separately from other poultry species,

(e) that feed and water are kept indoors,

(f) poultry and other captive birds are fed indoors or under a covered area in a manner that prevents contact by wild birds with the feed and water,

(g) that measures are in place to ensure that wild birds are not attracted to areas in the vicinity of land or premises where poultry or other captive birds are located, in particular to watercourses, reservoirs, ponds or other standing water,

(h) that proactive measures are taken to discourage wild birds from entering the land or premises. For example streamers, bird scarers or foils,

(i) that the carcases of wild birds are removed immediately, and

(j) that regular cleansing and disinfection is carried out on all concrete walkways, paths and similar surfaces to which poultry and other captive birds, or wild birds have access.

Schedule 2

Regulation 3 (b)

Additional biosecurity measures for land or premises with over 500 poultry or other captive birds.

1. Land or premises where poultry or other captive birds are kept shall be divided into 3 parts, as follows:

(a) one part in which live birds are kept,

(b) a part where ancillary activities, such as storage of feed, water and equipment are carried out, and

(c) a restricted access part with a secure barrier.

2. The measures that apply in a part of land or premises to which paragraph 1 (a) refers are -

(a) access is restricted to essential personnel only,

(b) all persons must exercise effective barrier hygiene, including changing clothing and footwear before entering and on exit,

(c) the exterior of any vehicles, in particular wheels and wheel arches, and any equipment which enters or exits must be cleansed and disinfected on entry and exit, and

(d) records must be maintained of vehicles and persons who enter or exit.

3. The measures that apply in a part of land or premises to which paragraph 1 (b) refers are -

(a) access must be limited to essential personnel only with full biosecurity measures adopted on entry and exit,

(b) this part must be fully separated with clear demarcation from the part to which paragraph 1 (a) refers,

(c) waste and carcases must be held in appropriately secure facilities in this part with clear separation from the other parts of the land or premises,

(d) the exterior of any vehicles, in particular wheels and wheel arches, and any equipment which enters or exits must be cleansed and disinfected on entry and exit, and

(e) egg producers must ensure the packing, handling and storage of second quality eggs is managed in a secure manner. Egg trays must be cleansed and disinfected before use.

4. The measures that apply in a part of land or premises to which paragraph 1 (c) refers are access must be limited to essential persons and vehicles with full biosecurity measures adopted on entry and exit.

GIVEN under my Official Seal of the Minister for

Agriculture, Food and the Marine,

15 November, 2021.

BRENDAN GLEESON,

An officer authorised to authenticate the official Seal of the Minister.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations provide for the biosecurity measures for poultry and other captive birds as a precautionary measure against risk of avian influenza.