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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Foot-and-Mouth Disease Regulations (Northern Ireland) 2006 No. 42 URL: http://www.bailii.org/nie/legis/num_reg/2006/20060042.html |
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Made | 17th February 2006 | ||
Coming into operation | 23rd February 2006 |
1. | Citation and commencement |
2. | Interpretation |
3. | Premises comprising common or unenclosed land |
4. | Licences and declarations |
5. | Notices |
6. | Dissemination of information concerning prohibitions and requirements |
7. | Disinfection |
8. | Notification of disease or suspected disease |
9. | Notice of suspicion of disease |
10. | Suspicion of disease in an animal in transit |
11. | Veterinary inquiry into the existence of disease and declaration of suspect premises and infected premises |
12. | Separate production units |
13. | Tracing of possible disease spread |
14. | Maintenance of measures in respect of premises |
15. | Declaration of a temporary control zone |
16. | Measures applicable in respect of a temporary control zone |
17. | Supplementary measures in respect of a temporary control zone: straying of susceptible animals |
18. | Declaration of supplementary movement control zone |
19. | Measures applicable in respect of a supplementary movement control zone |
20. | Tracing of products originating on infected premises |
21. | Notice of intention to slaughter animals |
22. | Sampling and clinical examination of a susceptible animal before slaughter |
23. | Place of slaughter |
24. | Slaughter: control of carcases |
25. | Slaughter: control of faecal material |
26. | Slaughter: isolation of things liable to spread disease |
27. | Slaughter: cleansing and disinfection of premises other than slaughterhouses |
28. | Slaughter; cleansing and disinfection of slaughterhouses |
29. | Declaration of protection zones and surveillance zones on confirmation of disease in Northern Ireland |
30. | Declaration of protection zones and surveillance zones on confirmation of the disease in the Republic of Ireland |
31. | Protection zones and surveillance zones: general provisions |
32. | Measures applicable in respect of protection zones and surveillance zones |
33. | Veterinary inspection of premises in protection zones and surveillance zones |
34. | Amendment and revocation of declarations creating protection zones and surveillance zones |
35. | Declaration of a restricted zone |
36. | Measures applicable in respect of a restricted zone |
37. | Presence of disease in a wild animal and declaration of a wild animal infected zone |
38. | Measures applicable in a wild animal infected zone |
39. | Production of licences |
40. | Further provision relating to certain premises |
41. | Duty of the Department to erect signs |
42. | Cleansing and disinfection of vehicles transporting susceptible animals |
43. | Cleansing and disinfection of vehicles: provision of facilities, equipment and materials |
44. | Surveillance |
45. | Testing |
46. | General conditions of movement |
47. | Restocking of premises following slaughter |
48. | Marks applied under these regulations |
49. | Change of occupation of premises under restriction |
50. | Reasonable assistance |
51. | False information |
52. | Production of records |
53. | Compliance with notices and directions |
54. | Retention of records |
55. | Power to prohibit entry to land or agricultural buildings in a protection zone |
56. | General powers of inspectors to take action to prevent the spread of disease |
57. | Powers of inspectors |
58. | Powers of inspectors in case of default |
59. | Offences: no knowledge of restriction or requirement |
60. | Enforcement, offences and proceedings |
61. | Amendment to the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972 |
62. | Revocations |
SCHEDULE 1— | MEASURES APPLICABLE IN RESPECT OF PREMISES ON SUSPICION AND CONFIRMATION OF DISEASE |
SCHEDULE 2— | CRITERIA FOR CONFIRMING THE DISEASE |
SCHEDULE 3— | CLEANSING AND DISINFECTION OF PREMISES AND VEHICLES |
PART I— | GENERAL PROCEDURES FOR CLEANSING AND DISINFECTION OF PREMISES AND VEHICLES |
PART II— | CLEANSING AND DISINFECTION OF INFECTED PREMISES |
PART III— | DISINFECTION OF CONTAMINATED USED LITTER, MANURE AND SLURRY |
PART IV— | SPECIAL CASES |
SCHEDULE 4— | RESTOCKING OF PREMISES |
PART I— | GENERAL PRINCIPLES |
PART II— | RESTOCKING OF PREMISES IN A VACCINATION ZONE |
PART III— | MOVEMENT OF SUSCEPTIBLE ANIMALS DURING RESTOCKING |
PART IV— | COMPLETION OF RESTOCKING |
SCHEDULE 5— | MEASURES APPLICABLE IN RESPECT OF PROTECTION ZONES AND SURVEILLANCE ZONES |
PART I— | MEASURES APPLICABLE IN RESPECT OF BOTH PROTECTION ZONES AND SURVEILLANCE ZONES |
PART II— | MEASURES APPLICABLE ONLY IN RESPECT OF A PROTECTION ZONE |
PART III— | MEASURES APPLICABLE ONLY IN RESPECT OF A SURVEILLANCE ZONE |
SCHEDULE 6— | TREATMENTS TO ENSURE THE DESTRUCTION OF DISEASE VIRUS |
PART I— | PRODUCTS OF ANIMAL ORIGIN (OTHER THAN FRESH MEAT, MILK AND MILK PRODUCTS) |
PART II— | PRODUCTS NOT OF ANIMAL ORIGIN |
PART III— | FRESH MEAT |
PART IV— | MILK AND MILK PRODUCTS |
SCHEDULE 7— | MEASURES APPLICABLE IN RESPECT OF A RESTRICTED ZONE |
SCHEDULE 8— | MEASURES APPLICABLE IN RESPECT OF A WILD ANIMAL INFECTED ZONE |
SCHEDULE 9— | REVOCATIONS |
(2) References in these Regulations to "susceptible animals originating in" in respect of a protection zone or surveillance zone or "susceptible animals originating on" in respect of infected premises mean—
(ii) ending with the declaration of the protection zone, surveillance zone or infected premises, as the case may be.
(3) References in these Regulations to "susceptible animals originating in" in respect of a vaccination or temporary control zone or "susceptible animals originating on" in respect of suspect premises or contact premises mean—
(4) The Interpretation Act (Northern Ireland) 1954[12] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Premises comprising common or unenclosed land
3.
For the purposes of these Regulations—
(b) a notice which is to be served on the occupier of premises wholly or partially comprising any common or unenclosed land is validly served if served on every keeper of animals kept there (so far as those persons are reasonably ascertainable);
(c) a requirement or restriction imposed on the occupier of premises wholly or partially comprising any common or unenclosed land applies to every keeper of animals kept there.
Licences and declarations
4.
—(1) A licence granted to any person under these Regulations—
(2) A declaration made under these Regulations shall be in writing.
(3) Any amendment to or revocation of a declaration shall be made by further declaration.
Notices
5.
—(1) A notice served on any person under these Regulations may be amended or revoked in writing at any time.
(2) A notice which—
shall contain a description of the premises sufficient to enable the extent of the premises to be ascertained.
(3) Such a description may be amended in writing by an inspector if he is satisfied that it does not describe an appropriate area for the purposes of investigating and monitoring the spread of disease in respect of animals which are usually kept together.
Dissemination of information concerning prohibitions and requirements
6.
—(1) The Department shall take such steps as it considers fit to ensure that licences, declarations and notices are brought to the attention of those who may be affected by them as soon as is reasonably practicable.
(2) It shall also ensure that—
are publicised.
Disinfection
7.
Disinfection under this Order shall be carried out with a disinfectant which is—
(2) The inspector shall immediately serve a notice under regulation 9 on the occupier of premises—
stating that those premises are under restriction and Schedule 1 shall then apply in respect of those premises.
(3) Any expenses arising out of the transport of any animal (including for feeding, watering and other welfare) under this regulation shall be paid by its owner.
(4) The person in charge of any vehicle detained under paragraph (1)(c) shall cleanse and disinfect it without delay at his own expense in accordance with the Transport of Animals and Poultry (Cleansing and Disinfection) Order (Northern Ireland) 2000[15] and with any additional requirements an inspector imposes by serving a notice on him.
(5) The person in charge of any equipment or other thing detained under paragraph (1)(c) shall cleanse and disinfect it at his own expense and in accordance with the directions of an inspector.
Veterinary inquiry into the existence of disease and declaration of suspect premises and infected premises
11.
—(1) The Chief Veterinary Officer shall ensure that the presence or suspicion of infection or contamination is investigated in accordance with this regulation by an inspector as soon as is reasonably practicable.
(2) The Chief Veterinary Officer shall ensure that the presence or absence of disease on any premises within a temporary control zone—
is investigated in accordance with this regulation by an inspector as soon as is reasonably practicable.
(3) The inspector carrying out investigations in pursuance of this regulation shall take all steps he considers necessary to determine whether disease is present or has been present on the premises to which his investigations relate in the 56 days before the commencement of the investigation and any related circumstances.
(4) Subject to paragraph (5) in taking such steps he shall ensure that any samples necessary for that determination are taken.
(5) Sampling shall not be considered necessary on premises which the Chief Veterinary Officer considers to be epidemiologically linked with a primary source of disease for which samples have already been taken.
(6) The inspector carrying out investigations in pursuance of this regulation may mark any animal, carcase or other thing liable to spread disease found on the premises.
(7) The occupier of any premises under such investigation shall—
(8) If the inspector carrying out investigations in pursuance of this regulation considers it necessary to submit a serological sample for testing to determine whether disease exists or has within 56 days existed on the premises, he shall declare the premises to be suspect premises.
(9) If his opinion is that disease exists or has in the 56 days before the commencement of the investigation existed on any premises the inspector shall communicate to a Divisional Veterinary Officer that fact and his opinions on at least the following—
and in sub-paragraphs (c), (e) and (f) "premises" includes premises outside Northern Ireland.
(10) The Chief Veterinary Officer shall consider and may confirm every opinion communicated to him under this regulation.
(11) Where the Chief Veterinary Officer concludes after consideration of any opinion communicated to him under this regulation, that one or more of the criteria in Schedule 2 are satisfied in respect of any premises, he shall confirm the presence of the disease on the premises in question.
(12) If the Chief Veterinary Officer confirms disease at any premises the Department shall declare those premises to be infected premises.
(13) A declaration made under paragraph (8) or (12) this regulation shall be by notice served on the occupier.
(14) Any infected premises is an infected premises for the purposes of the Order.
Separate production units
12.
—(1) The Department may by notice served on the occupier of any premises (other than infected premises) investigated under regulation 11 declare that they are to be regarded as two or more separate production units if the Chief Veterinary Officer advises at the time of the veterinary inquiry that in his opinion—
(2) A declaration under paragraph (1) shall identify and designate the boundaries of each separate unit and shall declare every separate unit which is free of disease to be a free unit.
(3) An unit shall cease to be a free unit on—
Tracing of possible disease spread
13.
—(1) The Department shall declare premises (other than infected premises) to be suspect premises where the Chief Veterinary Officer advises that he suspects them of contamination from premises already declared to be suspect or infected premises or from a suspected case of disease outside Northern Ireland.
(2) The Department shall declare premises (other than infected premises or suspect premises) to be contact premises where the Chief Veterinary Officer advises either—
and in sub-paragraphs (a) and (b) "premises" includes premises outside Northern Ireland.
(3) A declaration under this regulation shall be by notice served on the occupier.
(4) The Department shall ensure that any premises declared to be suspect premises or contact premises under this regulation are subjected to investigation in accordance with regulation 11 as soon as is reasonably practicable.
(5) Where, following a declaration under regulation 12(1), premises are to be regarded as consisting of separate production units the Department shall amend any declaration under paragraph (2) to specify to or from which units disease may have been carried and only those units so specified shall form the contact premises.
(6) Schedule 1 applies to suspect premises or contact premises declared under this regulation.
Maintenance of measures in respect of premises
14.
—(1) If premises are declared to be infected premises, they shall no longer be suspect premises or contact premises.
(2) Schedule 1 shall continue to apply to premises if they are declared to be infected premises.
(3) The Department shall not revoke any notice declaring premises to be suspect premises until there is no longer any suspicion of infection or contamination there.
(4) The Department shall not revoke any notice declaring premises to be contact premises until there is no longer any suspicion that disease may have been carried there or from there.
(5) The Department shall not revoke any notice declaring premises to be infected premises until completion of the final cleansing and disinfection measures in paragraphs 5 to 7 of Part II of Schedule 3.
Declaration of a temporary control zone
15.
—(1) On the declaration of any suspect premises the Department shall also declare an area around those premises of such size as it considers fit to prevent the spread of disease to be a contemporary control zone.
(2) If the Department is satisfied that an animal or carcase in the Republic of Ireland is suspected of being infected or contaminated, it may declare a temporary control zone in such part of Northern Ireland and of such size as it considers fit to prevent the spread of disease.
(3) An area shall remain a temporary control zone (or part of one) until—
(4) If the Department is advised as mentioned in paragraph (3)(b)—
(5) Any amendment or revocation of a declaration creating a temporary control zone shall refer to that declaration and state the date and time it is to take effect.
(6) Any premises which are partly inside and partly outside a temporary control zone shall be deemed to be wholly inside it.
(7) Nothing in paragraph (6) shall deem any part of a premises outside Northern Ireland to be inside a temporary control zone.
Measures applicable in respect of a temporary control zone
16.
—(1) A person shall not move any susceptible animal into or out of a temporary control zone, except where the movement is—
(2) Subject to paragraph (3), a person shall not move any susceptible animal from or to premises in a temporary control zone (without leaving that zone) except to complete a journey started before the creation of that zone or under the authority of a licence granted by the Department.
(3) The Department may, after considering the factors in paragraph (4), declare that instead of the restriction in paragraph (2) all the following measures apply in a temporary control zone—
(4) When considering a declaration under paragraph (3), the Department shall take into account the following factors in respect of the temporary control zone—
(5) The measures in paragraphs (2) and (3) apply—
Supplementary measures in respect of a temporary control zone: straying of susceptible animals
17.
—(1) The owner or keeper of a susceptible animal in a temporary control zone shall take all such steps as are necessary to prevent it from straying from the premises on which it is kept.
(2) An inspector may detain any stray or feral susceptible animal found in a temporary control zone.
Declaration of supplementary movement control zone
18.
—(1) When a temporary control zone has been declared, the Department may also declare a supplementary movement control zone which—
(2) An area shall remain a supplementary movement control zone (or part of one) until—
(3) Any amendment or revocation of a declaration creating a supplementary movement control zone shall refer to that declaration and state the date and time it is to take effect.
(4) Any premises which are partly inside and partly outside a supplementary movement control zone shall be deemed to be wholly inside it.
(5) Nothing in paragraph (4) shall deem any part of a premises outside Northern Ireland to be inside a supplementary movement control zone.
(6) A supplementary movement control zone applies in respect of—
Measures applicable in respect of a supplementary movement control zone
19.
—(1) A person shall not move an animal in respect of which a supplementary movement control zone applies from or to any premises in a such a zone or into or out of such a zone except where the movement is—
(2) Paragraph (1) applies—
(3) When granting a licence under paragraph (1)(c) the Department shall take account of the recommended measures in paragraph 2.1 of Annex VI to the Directive.
Notice of intention to slaughter animals
21.
—(1) Where the Department proposes to slaughter an animal under paragraph 3, 3A or 3B of Part 1 of Schedule 2 to the Order it shall serve notice of its intention to cause such slaughter—
(2) Paragraph (1) does not apply where the Department intends to cause the slaughter of a stray or feral animal detained by an inspector under regulation 17(2) or under paragraph 2(2) of Part I of Schedule 5 or paragraph 5(2) of Schedule 7.
Sampling and clinical examination of a susceptible animal before slaughter
22.
Where the Department serves notice of its intention to cause the slaughter of a susceptible animal under paragraph 3, 3A or 3B of Part I of Schedule 2 to the Order, it shall ensure that any sampling and clinical examination it considers necessary to carry out under a veterinary inquiry in regulation 11 has been undertaken before, or immediately following, such slaughter.
Place of slaughter
23.
—(1) This regulation applies where the Department serves notice under regulation 21 of its intention to cause the slaughter of a susceptible animal under paragraph 3, 3A or 3B of Part I of Schedule 2 to the Order.
(2) Subject to paragraph (5) where the animal to be slaughtered is on particular premises, slaughter shall take place there without delay.
(3) Paragraph (2) shall not apply where—
(4) In the case referred to in paragraph (3) the Department may direct that slaughter be carried out at another place it considers satisfactory for the purpose of preventing the spread of disease.
(5) Where the animal to be slaughtered is in transit, it shall be transported to such place for slaughter as the Department may direct as soon as is reasonably practicable and before slaughter.
(6) In directing transport to any place under this regulation the Department shall grant a licence under Schedule 1 authorising movement of the animal, persons and vehicle necessary for that action under such conditions as it considers fit to minimise the risk of spread of disease.
Slaughter: control of carcases
24.
—(1) This regulation applies to every carcase of a susceptible animal on premises where the Department has caused the slaughter of an animal under paragraph 3, 3A or 3B of Part I of Schedule 2 to the Order.
(2) A person shall not move any carcase to which this regulation applies from the premises except for disposal and under the authority of a licence granted by the Department.
(3) The Department shall ensure that every carcase to which this regulation applies is disposed of without undue delay, and in so ensuring—
(4) A person shall not, except under the authority of a licence granted by the Department, dig up or cause to be dug up the carcase of any animal which has died of disease or has been slaughtered by the Department.
Slaughter: control of faecal material
25.
—(1) This regulation applies to premises where the Department has caused the slaughter of an animal under paragraph 3, 3A or 3B of Part I of Schedule 2 to the Order.
(2) A person shall not move any dung, manure, slurry or used litter of a susceptible animal from premises in relation to which this regulation applies except—
Slaughter: isolation of things liable to spread disease
26.
—(1) This regulation applies to the occupier of—
(2) Subject to paragraph (3) a person to whom this regulation applies shall isolate all milk, milk products, meat, meat products, carcases, hides and skins, wool, semen, embryos, ova, slurry, manure, animal feed and used litter on the premises until—
(3) Paragraph (2) does not apply to milk on free units where this is authorised by a licence granted by the Department.
(4) A licence granted under paragraph (3) shall contain terms requiring that—
Slaughter: cleansing and disinfection of premises other than slaughterhouses
27.
—(1) This regulation applies to any premises, other than a slaughterhouse, where the Department has caused the slaughter of an animal under paragraph 3, 3A or 3B of Part I of Schedule 2 to the Order and to any vehicle on those premises after—
(2) The Department shall ensure that every building, other part of the premises, vehicle used to carry a susceptible animal and any other thing or place on the premises normally used by an animal which may be contaminated is cleansed and disinfected in accordance with Schedule 3.
(3) The Department shall ensure that any part of the premises normally used by humans to the exclusion of an animal (including a dwelling) it suspects to be contaminated is cleansed and disinfected in accordance with Schedule 3.
Slaughter; cleansing and disinfection of slaughterhouses
28.
—(1) This regulation applies to a slaughterhouse where the Department has caused the slaughter of an animal under paragraph 3, 3A or 3B of Part 1 of Schedule 2 to the Order, and to any vehicle there, after—
(2) The Department shall ensure that every building and place, equipment, vehicle and other thing which may be contaminated on premises to which this regulation applies are cleansed and disinfected in accordance with Schedule 3.
(3) A person shall not move any animal onto the premises until at least 24 hours after completion of the final cleansing and disinfection measures in paragraphs 5 to 7 of Part II of Schedule 3.
Declaration of protection zones and surveillance zones on confirmation of disease in Northern Ireland
29.
—(1) The Department shall, declare an area to be a protection zone and an area to be a surveillance zone in the circumstances mentioned in paragraph (2).
(2) The circumstances referred to in paragraph (1) are when the Chief Veterinary Officer confirms disease on premises in Northern Ireland, other than—
(3) The Department may declare an area to be a protection zone in the circumstances mentioned in paragraph (4) and if it decides to do so, it shall also declare an area to be a surveillance zone.
(4) The circumstances referred to in paragraph (3), are when the Chief Veterinary Officer confirms the disease—
(5) Subject to paragraph (6), a protection zone or surveillance zone declared under this regulation shall be of such size as the Department considers fit to prevent the spread of disease.
(6) A declaration under this regulation shall designate—
(7) The Department may declare by notice that any other measure it considers fit so as to prevent the spread of disease shall apply in respect of the whole or any part of any protection or surveillance zone and any such measure shall then apply in respect of that protection or surveillance zone or that part of it.
(8) The Department shall ensure that signs marking the boundaries of protection and surveillance zones are erected in a conspicuous position on roads entering those zones.
(9) The Department shall take such steps as it considers necessary to ensure that all persons within the zone are made fully aware of the restrictions in force in relation to that zone.
Declaration of protection zones and surveillance zones on confirmation of the disease in the Republic of Ireland
30.
—(1) If the Department is satisfied that the disease is present on premises (other than a slaughterhouse) in the Republic of Ireland—
(2) If the Department is satisfied that the disease is present at—
it may declare an area to be a protection zone, or an area to be a surveillance zone, or both, in Northern Ireland.
(3) Subject to paragraph (4), a protection zone or surveillance zone declared under this regulation shall be of such size as the Department considers fit so as to prevent the spread of disease.
(4) A declaration under this regulation shall designate the extent of any protection zone or surveillance zone declared and the Department shall ensure that—
Protection zones and surveillance zones: general provisions
31.
—(1) Any premises which are partly inside and partly outside a protection zone shall be deemed to be wholly inside that zone.
(2) Any premises (except premises which are also partly inside a protection zone) which are partly inside and partly outside a surveillance zone shall be deemed to be wholly inside that zone.
(3) Any protection zone or surveillance zone is an infected area for the purposes of the Order.
(4) Nothing in paragraph (1) shall deem any part of a premises outside Northern Ireland to be inside a protection zone and nothing in paragraph (2) shall deem any such part of a premises to be inside a surveillance zone.
Measures applicable in respect of protection zones and surveillance zones
32.
—(1) The measures in Parts I and II of Schedule 5 apply in respect of a protection zone and those in Parts I and III of Schedule 5 apply in respect of a surveillance zone.
(2) The Department may declare that any other measure it considers fit so as to prevent the spread of disease applies in respect of the whole or any part of any protection zone or surveillance zone and any such measure shall then apply in respect of that protection zone or surveillance zone or that part of it.
(3) The Department shall not make a declaration under paragraph (2), unless it is satisfied that the measures to be applied by that declaration are—
(4) The Department shall take into account the recommended measures in paragraph 2.2 of Annex VI to the Directive before restricting the movement of horses in a surveillance zone by a declaration under paragraph (2).
(5) An area shall remain a protection or surveillance zone until the declaration creating it is amended or revoked in accordance with regulation 34.
Veterinary inspection of premises in protection zones and surveillance zones
33.
—(1) The Department shall ensure that every premises within a protection zone or a surveillance zone where susceptible animals are kept is inspected by an inspector as regularly as it considers fit to prevent the spread of disease.
(2) An inspector inspecting premises under this regulation shall ensure that the inspection includes—
Amendment and revocation of declarations creating protection zones and surveillance zones
34.
—(1) The Department may, where it is satisfied that the conditions in paragraph (2) are met, amend the declaration creating a protection zone so that the area within its boundaries becomes part of the surveillance zone centred on the same premises.
(2) The conditions for amendment of a declaration creating a protection zone are—
(3) The Department may, where it is satisfied that the conditions in paragraph (4) are met, revoke the declaration creating a surveillance zone.
(4) The conditions for revocation of a declaration creating a surveillance zone are—
(5) An amendment or revocation under this regulation shall refer to the declaration creating the protection zone and surveillance zone and specify the date and time the amendment or revocation is to take effect.
(6) In this regulation, "preliminary cleansing and disinfection" means cleansing and disinfection undertaken in accordance with paragraphs 2 and 3 of Part II of Schedule 3 as required by regulations 27 and 28 and ending 24 hours after the application of disinfectant.
Declaration of a restricted zone
35.
—(1) The Department shall declare a restricted zone if the Chief Veterinary Officer advises it that in his opinion disease has become extensive in Northern Ireland and the declaration of such a zone would prevent its spread.
(2) The Department may, on confirmation by the Chief Veterinary Officer of disease on premises in Northern Ireland, declare an area to be a restricted zone.
(3) A restricted zone shall be in such part of Northern Ireland and of such size as the Department considers fit to prevent the spread of disease, having considered a thorough epidemiological assessment of the situation.
(4) The epidemiological assessment shall include consideration of the of the possible time and probable location of introduction of disease to Northern Ireland, its possible spread and the probable period of time necessary to eradicate it.
(5) An area shall remain a restricted zone (or part of one) until—
(6) Any amendment or revocation of a declaration creating a restricted zone shall refer to that declaration and state the date and time it is to take effect.
(7) Subject to paragraph (8) any premises which are partly inside and partly outside a restricted zone shall be deemed to be wholly inside that restricted zone.
(8) Paragraph (7) does not apply to premises which are also partly inside—
(9) The Department shall take such steps as it considers necessary to ensure that all persons within the zone are made fully aware of the restrictions in force in relation to that zone.
(10) Nothing in paragraph (7) shall deem any part of a premises outside Northern Ireland to be part of a restricted zone.
Measures applicable in respect of a restricted zone
36.
—(1) The measures in Schedule 7 apply in respect of a restricted zone in addition to any requirements or restriction applying in any part of it because that part falls within a zone listed in regulation 35(8).
(2) The Department may declare by notice any other measure it considers fit so as to prevent the spread of disease in respect of the whole or any part of any restricted zone and any such measure shall then apply in respect of that restricted zone or that part of it.
Presence of disease in a wild animal and declaration of a wild animal infected zone
37.
—(1) The Department shall, on confirmation of the disease in a wild animal in Northern Ireland, declare an area to be a wild animal infected zone.
(2) The Department may, if it is satisfied that disease is present in a wild animal in the Republic of Ireland, declare a wild animal infected zone in Northern Ireland.
(3) A wild animal infected zone shall be in such part of Northern Ireland and of such size as the Department considers fit to prevent the spread of disease.
(4) An area shall remain a wild animal infected zone (or part of one) until—
(5) Any amendment or revocation of a declaration creating a wild animal infected zone shall refer to that declaration and state the date and time it is to take effect.
(6) Any premises which are partly inside and partly outside a wild animal infected zone shall be deemed to be wholly inside that zone.
(7) Nothing in paragraph (6) should deem any part of a premises outside Northern Ireland to be within a wild animal infected zone.
(8) Any wild animal infected zone is an infected area for the purposes of the Order.
Measures applicable in a wild animal infected zone
38.
—(1) The measures in Schedule 8 apply in respect of a wild animal infected area in addition to any measures applying in any part of it because that part falls within—
(2) The Department may declare that any other measure it considers fit so as to prevent the spread of disease applies in respect of the whole or any part of a wild animal infected zone and any such measure shall then apply in respect of that wild animal infected zone or part of it.
(3) The Department shall take such steps as it considers necessary to ensure that all persons within the zone are made fully aware of the restrictions in force in relation to that zone.
(3) Where this paragraph applies, a person shall not unload susceptible animals on premises to which they are moved unless that person first gives the movement licence to the occupier of those premises or his authorised representative.
(4) Where this paragraph applies, the occupier of any premises to which susceptible animals are moved shall—
Further provision relating to certain premises
40.
—(1) This regulation applies to the following premises—
(c) other premises where susceptible animals are kept for scientific purposes or purposes related to conservation of species or farm animal genetic resources.
(2) The Department shall take such steps as it considers necessary to prevent the spread of disease to premises to which this regulation applies.
(3) In taking such steps, the Department may—
Duty of the Department to erect signs
41.
The Department shall ensure that the boundaries of the following zones are indicated by signs erected in a conspicuous position on all roads entering the zones on which it considers susceptible animals are likely to be moved as soon as is reasonably practicable after declaration of the zones—
Cleansing and disinfection of vehicles transporting susceptible animals
42.
—(1) Subject to paragraph (3) where cleansing and disinfection of any vehicle in accordance with this regulation is required, it shall be carried out in accordance with the Transport of Animals and Poultry (Cleansing and Disinfection) Order (Northern Ireland) 2000[19] and with any additional directions an inspector imposes by serving a notice on the person in charge of the vehicle.
(2) Such cleansing and disinfection shall be undertaken—
(3) Such cleansing and disinfection shall also be undertaken after loading and before leaving the premises of origin in respect of the wheels and wheel arches only of the vehicle to ensure they are clean on leaving the premises.
(4) In addition to the requirements of paragraph (1);
Cleansing and disinfection of vehicles: provision of facilities, equipment and materials
43.
Where cleansing and disinfection of vehicles is required at any premises by these Regulations the occupier of those premises shall, at his own expense, provide adequate facilities and proper equipment and materials for that cleansing and disinfection.
Surveillance
44.
A person carrying out a clinical examination or serological sampling for the purposes of these Regulations shall do so in accordance with the requirements of Annex III of the Directive.
Testing
45.
A person carrying out a diagnostic test for the purposes of these Regulations shall do so in accordance with the requirements of Annex XIII of the Directive.
General conditions of movement
46.
An animal being moved in accordance with these Regulations or a licence granted under these Regulations shall be kept separate from all other animals except animals licensed to or from the same place and shall be moved by the nearest available route and without delay to the place of destination specified in the licence.
Restocking of premises following slaughter
47.
—(1) This regulation applies to any premises where the Department has caused the slaughter under paragraph 3, 3A or 3B of Part I of Schedule 2 to the Order.
(2) A person shall not restock premises to which this regulation applies except under the authority of a licence granted by the Department and in accordance with the provisions of Schedule 4.
(3) A licence shall not be granted allowing restocking to commence—
Marks applied under these regulations
48.
A person shall not remove, obscure or erase a mark applied to any animal, carcase, animal product, vehicle or other thing under these Regulations unless an inspector has given written authority.
Change of occupation of premises under restriction
49.
—(1) This regulation applies if the keeper of any animal or poultry is unable to move it from premises on the termination of his right of occupation because of a restriction imposed by or under these Regulations and continues to apply for 7 days after the last restriction is removed.
(2) Where this regulation applies, the person entitled to occupation of the premises on that termination shall—
(3) If the keeper is unable or unwilling to feed or tend the animal or poultry, the person entitled to occupation of the premises shall ensure it is properly fed and tended.
(4) The keeper of the animal or poultry is liable to pay any reasonable costs incurred by a person under paragraph (3) in respect of the feeding or tending of it or otherwise using it under this regulation.
Reasonable assistance
50.
A person required to give assistance or information to a person acting under these Regulations shall, unless he has reasonable cause, do so without delay.
False information
51.
A person shall not furnish information which he knows to be false or misleading to a person acting under these Regulations.
Production of records
52.
—(1) A person required to produce a record by a person under these Regulations shall do so without delay.
(2) On such production, a person acting under these Regulations may—
(3) A person removing records under this regulation shall give a written receipt to the person in charge of them.
Compliance with notices and directions
53.
—(1) Any notice served under these Regulations shall be complied with at the expense of the person on whom it is served, except where otherwise provided in that notice.
(2) Any oral direction given under these Regulations shall be complied with at the expense of the person to whom it is given, except where otherwise provided in a written direction of the Department.
Retention of records
54.
Any person making a record required by these Regulations shall retain it for the following period—
three years after the requirement to maintain records in the relevant paragraph ceases to have effect in relation to the premises in question.
Power to prohibit entry to land or agricultural buildings in a protection zone
55.
—(1) Subject to paragraph (2) an inspector may, notwithstanding the existence of any public footpath or other right of way, prohibit the entry of any person onto any premises in a protection zone by causing a notice to that effect to be displayed at every entrance to that premises.
(2) A person other than—
shall not enter any premises in respect of which a notice is displayed under paragraph (1).
(3) A person shall not remove or alter any notice displayed under this regulation except at the direction of an inspector.
(4) Any prohibition on entry to premises imposed under this regulation is revoked if the declaration creating the protection zone in question is amended in accordance with regulation 34 so that the protection zone becomes part of a surveillance zone.
(5) Any prohibition on entry to premises imposed under this regulation may be revoked in whole or in part by—
General powers of inspectors to take action to prevent the spread of disease
56.
—(1) This regulation applies to—
(2) Where this regulation applies, an inspector may, if he considers it necessary to prevent the spread of disease require—
(3) A notice under this regulation may contain such directions and conditions as the person serving it considers necessary to prevent the spread of disease.
Powers of inspectors
57.
—(1) The following provisions of the Order shall apply as if these Regulations were an order made under the Order—
(2) An inspector may stop, detain and inspect any vehicle in the following areas to ascertain whether any of the provisions of these Regulations are being complied with within—
Powers of inspectors in case of default
58.
—(1) Where a person fails to comply with a requirement of these Regulations or a licence granted or direction made or notice issued under them an inspector may take any steps he considers necessary to ensure the requirement is met.
(2) Where a person fails to comply with a requirement of these Regulations or a licence granted or direction made or notice issued under them an inspector may take any steps he considers necessary to rectify the situation so as to prevent the spread of disease.
(3) In taking steps under paragraphs (1) or (2) an inspector may seize any animal exposed, moved, kept or otherwise dealt with in contravention of these Regulations or a licence granted or direction made or notice issued under them and detain or dispose of it.
(4) In taking steps under paragraph (2), an inspector may direct any person to take or refrain from specified action in respect of any place, animal, poultry, vehicle, animal product or other thing.
(5) The person in default shall reimburse any reasonable expenses incurred by the Department in taking such steps and any such debt is recoverable summarily.
Offences: no knowledge of restriction or requirement
59.
A person shall not be guilty of failing to comply with a restriction or requirement which applies because of the declaration of—
if he shows to the court's satisfaction that he did not know of that restriction or requirement and that he could not with reasonable diligence have obtained knowledge of it.
Enforcement, offences and proceedings
60.
The following provisions of the Order shall apply as if these Regulations were an order made under the Order—
Revocations
62.
The Statutory Rules listed in Schedule 9 are hereby revoked to the extent specified in that Schedule.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
17th February 2006.
L.S.
Liam McKibben
A senior officer of the Department of Agriculture and Rural Development
(2) Records shall be kept in a form approved for the purpose by the Department.
(3) The occupier shall maintain the records kept under paragraphs (1)(a) and (1)(b) by updating them within 24 hours of any change.
(4) This paragraph does not apply to any person subject to paragraph 1 of Schedule 5.
Signs publicising infection or suspicion
2.
—(1) The Department may exhibit placards, handbills, or warning notices in, or in the immediate neighbourhood of, an area declared to be infected.
(2) The occupier shall ensure that—
Isolation, removal and detention of susceptible animals
3.
—(1) The occupier shall ensure that a susceptible animal is isolated from any person not attending them and from non-susceptible animal.
(2) On service of a notice by an inspector the occupier shall—
(3) A person shall not move any animals isolate or detained under a notice served under sub-paragraph (2) except under the authority of a licence granted by an inspector.
Movement of a susceptible animal
4.
—(1) Subject to the provisions of this paragraph a person shall not move any susceptible animal from or to the premises.
(2) The prohibition in sub-paragraph (1) does not apply to a susceptible animal leaving contact premises (other than contact premises in a temporary control zone)—
(3) An inspector shall not grant a licence under sub-paragraph (2)(b) unless he is satisfied that the animals to be moved have been clinically examined by a veterinary surgeon with a negative result and the slaughterhouse is the nearest slaughterhouse to the premises with capacity to slaughter the animals.
(4) A person in charge of a vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2)(b) shall ensure that it is cleansed and disinfected in accordance with regulation 42.
(5) Such cleansing and disinfection shall be undertaken—
(6) The prohibition in sub-paragraph (1) does not apply to an animal entering or leaving a free unit (other than a free unit in a temporary control zone).
(7) The prohibition in sub-paragraph (1) does not apply to the movement of an animal leaving infected premises for slaughter under the authority of a licence granted by an inspector.
(8) The prohibition in sub-paragraph (1) does not apply to movement from one part of premises to another part of the same premises using a public highway not bordering other premises if it is authorised by a licence granted by an inspector.
Movement of things liable to spread disease
5.
—(1) Subject to the provisions of this paragraph, a person shall not move from the premises any meat, carcase, meat product, milk, milk product, semen, ovum or embryo of a susceptible animal.
(2) Where the Department is satisfied that it is not reasonable to require milk to be kept on the premises, it may—
(3) Transport of milk under the authority of a licence granted under sub-paragraph (2)(b) shall be carried out in a vehicle which an inspector has approved as equipped to ensure that there is no risk of spreading disease.
(4) If the Department grants a licence under sub-paragraph (2)(b), it shall serve a notice on the person in charge of the premises to which milk is transported directing the method of disposal or treatment.
Movement of fodder etc.
6.
A person shall not move, or cause or permit to be moved from the premises, any fodder, utensils, wool, hide or skin, bristles, animal waste, slurry, manure, litter, pen, hurdle, vehicle or any other thing, either animate or inanimate, liable to transmit disease unless authorised to do so by a licence granted by the Department.
Movement of persons on to or off the premises
7.
A person shall not enter or leave the premises except where—
Cleansing and disinfection of clothing, etc
8.
—(1) A person shall not enter or leave the premises—
(2) A person shall not enter or leave the premises—
unless wearing clothing and footwear approved by an inspector.
(3) A person shall not leave any part of the premises without having cleansed and disinfected his hands to the satisfaction of an inspector and having either—
(4) A notice under sub-paragraph (3)(b) shall specify the required method of laundering, cleansing and disinfection or disposal.
Disinfection
9.
—(1) The occupier shall provide and renew such clean water and means of disinfection as an inspector directs at every entrance to the premises and at every entrance to a building where susceptible animals are kept.
(2) The occupier shall ensure that any slurry or shed washings are disinfected in accordance with the directions of an inspector before they are permitted to drain or escape from any part of the premises where an infected animal or an animal suspected of being infected or contaminated is or has been kept.
Movement of vehicles on to or off the premises
10.
A person shall not move any vehicle on to or off the premises unless the movement is—
Movement of non-susceptible animals
11.
A person shall not move from the premises a non-susceptible animal except under the authority of a licence granted by the Department.
Control of rodents
12.
The occupier shall take steps to destroy any rats, mice and other rodents on the premises (other than pet rats, mice and other rodents).
Movement of persons
13.
Where any land or premises are declared to be an infected premises—
direct that any cleansing and disinfection operation shall be carried out by that person either at his own expense or at the expense of the Department.
3.
A person carrying out cleansing or disinfection under this Schedule shall do so in accordance with any additional directions given by an inspector.
4.
Used litter and faecal matter shall be thoroughly soaked with disinfectant.
5.
All surfaces which may be contaminated shall be brushed and scrubbed thoroughly, in particular floors, ramps, walls and the ground, followed by an application of disinfectant.
6.
Equipment or other things obstructing thorough cleansing and disinfection shall be moved or dismantled where this is reasonably practicable.
7.
Water used for cleansing shall be disposed of so as to minimise the risk of the spread of disease.
8.
Washing of surfaces with liquids under pressure shall be carried out so as to minimise any risk of contamination.
9.
Equipment, installations or other things which may be contaminated shall be cleansed and disinfected or destroyed.
10.
—(1) Every person carrying out a cleansing and disinfection operation shall ensure that a written record of it is made and those records are made available to an inspector on request.
(2) The record shall include the date and time of the operation.
(3) The person in charge of a vehicle which is cleansed and disinfected under this Schedule shall ensure that the record is kept with the vehicle at all times.
4.
Disinfectant shall not be removed for at least 24 hours after application.
3.
—(1) Unless otherwise directed by the Department by notice served on the occupier slurry and the liquid phase of manure shall be stored for at least the period in sub-paragraph (2) after the last addition of infective material.
(2) The period for the purposes of sub-paragraph (1) is 42 days or such other period as the Department directs in writing having taken into account—
3.
During restocking animals shall be introduced into all units and buildings of the holding.
4.
—(1) Subject to sub-paragraph (2), during restocking each animal shall—
(2) If no infected premises have been declared within 10 kilometres of any premises for at least 3 months before the commencement of restocking, the Department may, by notice served on the occupier of those premises, except those premises from the requirements of sub-paragraph (1).
5.
Not earlier than 28 days after the last introduction, each animal shall be clinically examined by an inspector and samples tested for the presence of antibodies against the disease virus.
Restocking of premises outside a vaccination zone with vaccinated animals: surveillance
7.
Where any vaccinated animal is to be introduced to premises outside a vaccination zone—
(2) Records shall be kept in a form approved for the purpose by the Department.
(3) The occupier shall maintain the records kept under sub-paragraphs (1)(a) and (1)(b) by updating them within 24 hours of any change.
Straying of susceptible animals
2.
—(1) The keeper of a susceptible animal in a protection zone or a surveillance zone shall take all such steps as are necessary to prevent it from straying from the premises on which it is kept.
(2) An inspector may detain any stray or feral susceptible animal found in a protection zone or a surveillance zone.
Control of dogs and poultry in protection zones and surveillance zones
3.
—(1) The owner of any dog in a protection zone or a surveillance zone shall keep it under control by—
(2) An inspector or officer of the Police Service of Northern Ireland may seize any dog which is not kept under control in accordance with sub-paragraph (1) and deal with it as if it was a dog seized under the powers conferred by Article 23 of the Dogs (Northern Ireland) Order 1983[22].
(3) An inspector may if he considers any dog or poultry, not to be under control, by notice served on the occupier of the premises where it is kept require him to keep that dog or poultry under control, or to confine it to the part of the premises specified in the notice.
Shearing or dipping sheep in a protection or surveillance zone
4.
—(1) Subject to sub-paragraph (2), a person shall not—
in a protection zone or a surveillance zone except where authorised by a licence granted by an inspector.
(2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his employees (other than any person employed by him primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.
(3) In this regulation—
Ultrasound scanning of sheep in a protection or surveillance zone
5.
—(1) Subject to sub-paragraph (2), a person shall not carry out ultrasound scanning of sheep in a protection zone or a surveillance zone except where authorised by a licence granted by an inspector.
(2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his employees (other than any person employed by him primarily for the purpose of carrying out ultrasound scanning of sheep) in respect of the carrying out of ultrasound scanning of sheep kept on those premises using ultrasound scanning equipment of which the occupier is the owner or person in charge.
Semen, ova and embryos collected in a protection or surveillance zone
6.
—(1) This paragraph applies to semen, ova and embryos collected from susceptible animals originating in a protection zone or surveillance zone.
(2) A person shall not sell or consign for sale—
(3) Semen, ova and embryos comply with this sub-paragraph if they satisfy the following requirements—
(4) Semen complies with this sub-paragraph if it satisfies the following requirements—
Hides and skins from susceptible animals originating in a protection or surveillance zone
7.
—(1) This paragraph applies to hides and skins of susceptible animals originating in a protection zone or surveillance zone.
(2) A person shall not sell or consign for sale any animal product to which this paragraph applies unless either—
(b) it has been treated so that it falls within paragraph 2 of Part I of Schedule 6.
Wool, ruminant hair and pig bristles from animals originating in a protection or surveillance zone
8.
—(1) This paragraph applies to wool, ruminant hair and pig bristles from animals originating in a protection zone or a surveillance zone.
(2) A person shall not sell or consign for sale any animal product to which this paragraph applies unless either—
(b) it has been treated so that it falls within paragraph 3 of Part I of Schedule 6.
Other animal products produced in a protection or surveillance zone or from animals originating in such a zone
9.
—(1) This paragraph applies to any animal product other than—
if it is produced in a protection zone or surveillance zone from a susceptible animal, or from susceptible animals originating in a protection zone or surveillance zone.
(2) A person shall not sell or consign for sale an animal product to which this paragraph applies unless it satisfies one of the following requirements—
(b) it has been treated so that it falls within paragraph 4 of Part I of Schedule 6;
(c) where it is referred to in one of paragraphs 5 to 9 of Part I of Schedule 6, it has been treated so that it falls within the paragraph in question;
(d) it forms part of a composite product (that is, a manufactured or processed product containing more than one ingredient at least one of which is an animal product) and each ingredient which is an animal product—
(e) it is a packaged product ready for use by the end user which is—
(3) An inspector shall not grant a licence under sub- paragraph (2) unless he is satisfied that—
(4) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2) shall ensure that it is cleansed and disinfected without delay in accordance with regulation 42.
(5) The prohibition in sub-paragraph (1) does not apply to the movement of an animal leaving infected premises for slaughter under the authority of a licence granted under sub-paragraph 4(7) of Schedule 1.
(6) The prohibition in sub-paragraph (1) does not apply if the movement from one part of premises to another part of the same premises using a public highway and under the authority of a licence granted by an inspector.
Movement of a non-susceptible animal from or to premises in a protection zone where a susceptible animal is kept
2.
—(1) Subject to the provisions of this paragraph, a person shall not move a non-susceptible animal from or to premises in a protection zone where susceptible animals are kept.
(2) The prohibition in sub-paragraph (1) does not apply to—
(3) Any inspector granting a licence under sub-paragraph (2)(b) shall take account of the recommended measures in paragraph 2.2 of Annex VI to the Directive.
Movement of an animal into or out of a protection zone
3.
—(1) Subject to the provisions of this paragraph, a person shall not move an animal into or out of a protection zone.
(2) The prohibition in sub-paragraph (1) does not apply to—
(3) An inspector granting a licence under sub-paragraph (2)(c) shall take account of the recommended measures in paragraph 2.2 of Annex VI to the Directive.
(4) A licence granted under sub-paragraph (2)(e) shall—
(5) The person in charge of any vehicle used to transport animals under the authority of a licence granted under sub-paragraph (2)(e) shall—
(c) make a record of the date and time of that cleansing and disinfection;
(d) keep the record with the vehicle at all times; and
(e) retain the record for 6 months after the last such cleansing and disinfection.
Movement of vehicles from premises in a protection zone where a susceptible animal is kept
4.
A person shall not move any vehicle designed or adapted for the transport of animals from premises in a protection zone where a susceptible animal is kept except under the authority of a licence granted by an inspector.
Control of animal gatherings in a protection zone
5.
A person shall not hold an animal gathering in a protection zone.
Control of gatherings of people in a protection zone
6.
—(1) A person shall not hold or take part in the following activities in a protection zone—
(2) Where holding any recreational or sporting activity may, in the opinion of the Department, spread disease, it may prohibit it by serving notice on the person responsible for the activity.
(3) In this paragraph "falconry" means the use of birds of the order Falconiformae to hunt for game or other wildlife.
Breeding in a protection zone
7.
—(1) A person shall not carry out breeding of a susceptible animal by means of itinerant service in a protection zone.
(2) A person shall not carry out artificial insemination of an animal or collect any embryo or ovum in a protection zone except in compliance with sub-paragraph (3) or (4).
(3) Artificial insemination of a susceptible animal complies with this sub-paragraph if it satisfies the following requirements—
(4) Artificial insemination of a non-susceptible animal or the collection of embryos, or ova from such an animal complies with this sub-paragraph if—
Slaughter for private consumption in a protection zone
8.
A person shall not slaughter a susceptible animal on any premises in a protection zone for private consumption on those premises.
Transport of fodder in a protection zone
9.
A person shall not transport fodder to premises in a protection zone where a susceptible animal is kept except under the authority of a licence granted by an inspector.
Sale of fodder originating in a protection zone
10.
A person shall not sell or consign for sale fodder produced in a protection zone unless it satisfies one of the following requirements—
(b) it is authorised for sale in that protection zone to the final user by a licence granted by an inspector;
(c) it was produced on premises where a susceptible animal is not kept using raw materials also produced on such premises or raw materials produced outside the protection zone;
(d) it is forage or straw falling within Part II of Schedule 6.
Transport, treatment and spreading of dung, manure or slurry produced in a protection zone
11.
—(1) This paragraph applies to dung, manure or slurry—
(2) A person shall not transport dung, manure or slurry to which this paragraph applies unless such transport complies with sub-paragraph (3) or (5), and with sub-paragraph (6).
(3) Transport of dung, manure or slurry complies with this sub-paragraph where it is to a plant for treatment to destroy the disease virus and is authorised by a licence granted by an inspector.
(4) The occupier of any premises to which manure is transported by authority of a licence granted under sub-paragraph (3) shall ensure that it is treated in accordance with point 5 of Section II in Part A of Annex VIII to Regulation (EC) No 1774/2002, as amended[23].
(5) Transport of dung, manure or slurry for spreading complies with this sub-paragraph if it satisfies the following requirements—
(6) Transport of dung, manure or slurry complies with this sub-paragraph if it is carried out in vehicles which are—
(7) After transporting dung, manure or slurry under this paragraph, the person in charge of the vehicle shall ensure it is cleansed and disinfected in accordance with the directions of an inspector, after unloading or spreading and before leaving the premises of destination.
(8) A person in charge of a vehicle to be cleansed and disinfected so as to comply with sub-paragraph (6) or under sub-paragraph (7) shall ensure that such cleansing and disinfection is carried out so that—
(9) A person shall not spread dung, manure or slurry to which this paragraph applies unless such spreading is authorised by a licence granted by an inspector and—
(10) Any licence granted under sub-paragraph (9) shall contain at least the following terms—
Fresh meat etc. derived from a susceptible animal originating in a protection zone
12.
—(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from susceptible animals originating in a protection zone.
(2) A person shall not sell or consign for sale meat to which this paragraph applies or move such meat out of a protection zone unless it has been produced in an establishment which—
Fresh meat etc. produced on premises in a protection zone
13.
—(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from susceptible animals and produced on premises in a protection zone.
(2) A person shall not sell or consign for sale meat to which this paragraph applies or move such meat out of a protection zone unless it has been produced in an establishment which—
(3) Meat falls within this sub-paragraph if—
(b) it is health marked or identification marked.
Meat products produced from meat derived from a susceptible animal originating in a protection zone
14.
—(1) This paragraph applies to meat products produced from meat derived from a susceptible animal originating in a protection zone.
(2) A person shall not sell or consign for sale any meat product to which this paragraph applies unless—
Milk and milk products produced from susceptible animals originating in a protection zone or on premises in a protection zone
15.
—(1) A person shall not sell or consign for sale the milk of a susceptible animal originating in a protection zone or any milk product produced from such milk unless it complies with sub-paragraph (2) or (3).
(2) Milk and milk products comply with this sub-paragraph if—
(3) Milk and milk products comply with this sub-paragraph if—
(4) A person shall not sell or consign for sale the milk of a susceptible animal produced on premises in the protection zone or any milk product produced from such milk unless—
(5) Transport of raw milk complies with this sub-paragraph if—
(6) Premises comply with this sub-paragraph if they satisfy the following requirements—
(c) they are operated so that milk on the premises and leaving the premises is clearly identified as eligible for sale outside the protection zone to the final consumer and is at all times stored and transported separately from raw milk and raw milk products which are not so eligible.
Collection, transport and processing of milk and milk products produced in a protection zone
16.
—(1) A person shall not collect and transport milk produced on premises in a protection zone where a susceptible animal is kept out of that protection zone or process any such milk unless such transport complies with sub-paragraph (2) and is carried out in a vehicle which complies with sub-paragraph (3).
(2) Transport complies with this sub-paragraph if it is—
(b) transport to premises, other than a laboratory, under the authority of a licence granted by an inspector.
(3) A vehicle complies with this sub-paragraph if it—
(4) A licence granted under sub-paragraph (2)(b) shall specify the route to be taken and shall include a condition prohibiting the vehicle from entering any premises in the zone where a susceptible animal is kept for purposes other than to load milk.
(5) Any person transporting milk under the authority of a licence granted under sub-paragraph (2)(b) shall ensure that—
(6) A person shall not process milk transported to a laboratory under this paragraph except under the authority of a licence granted by an inspector.
(3) An inspector shall not grant a licence under sub-paragraph (2) unless he is satisfied that—
(4) The prohibition in sub-paragraph (1) does not apply to transport of a susceptible animal for slaughter under the authority of a licence granted by an inspector—
(5) An inspector shall not grant a licence under sub-paragraph (4) unless he is satisfied that—
(6) An inspector shall not grant a licence under sub-paragraph (4)(a) unless he is also satisfied that—
(7) A licence granted under sub-paragraph (2) or (4) may permit transport through the associated protection zone and in such case shall include a condition requiring that the vehicle travels through that protection zone without stopping.
(8) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2) or (4) shall ensure that it is cleansed and disinfected in accordance regulation 42 and any additional requirements an inspector may by written directions impose.
(9) The prohibition in sub-paragraph (1) does not apply to the leading of susceptible animals to pasture in a surveillance zone under the authority of a licence granted by an inspector.
(10) A inspector shall not grant a licence under sub-paragraph (9) unless—
(11) The prohibition in sub-paragraph (1) does not apply to movement from one part of premises to another part of the same premises using a public highway under the authority of a licence granted by an inspector.
Control of animal gatherings and gatherings of people in a surveillance zone
2.
—(1) A person shall not—
except under the authority of a licence granted by the Department.
(2) A person shall not hold or take part in the following activities in a surveillance zone—
except under the authority of a licence granted by the Department.
(3) Subject to sub-paragraph (4), a person shall not shoot deer except under the authority of a licence granted by the Department.
(4) The occupier of any land, members of his household, persons employed by him as beaters and any member of a shooting party of not more than three persons authorised by him may shoot deer found on that land.
Fresh meat etc. derived from a susceptible animal originating in a surveillance zone
3.
—(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from a susceptible animal originating in a surveillance zone.
(2) A person shall not sell or consign for sale meat to which this paragraph applies or move such meat out of a surveillance zone unless—
(3) Meat falls within this sub-paragraph if it satisfies the following requirements—
(4) Meat complies with this sub-paragraph if it is from ruminants and has been deboned so that it falls within paragraph 1 of Part III of Schedule 6 and from a carcase which has been matured such that it falls within paragraph 2 of Part III of Schedule 6.
(5) Meat complies with this sub-paragraph if—
(6) Meat complies with this sub-paragraph if—
(7) Meat falls within this sub-paragraph if—
(8) In this paragraph, "trimmed offal" means any of—
Fresh meat etc. produced on premises in a surveillance zone
4.
—(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from susceptible animals and produced on premises in a surveillance zone.
(2) A person shall not sell or consign for sale meat to which this paragraph applies or move such meat out of a surveillance zone unless it has been produced in an establishment which—
(3) Meat complies with this sub-paragraph if—
(b) it is health marked or identification marked.
Meat products produced from meat derived from susceptible animals originating in a surveillance zone or produced on premises in a surveillance zone
5.
—(1) This paragraph applies to meat products—
(2) A person shall not sell or consign for sale any product to which this paragraph applies or move any such product out of a surveillance zone unless it complies with sub-paragraph (3) or (4).
(3) Meat products comply with this sub-paragraph if they are produced from fresh meat, minced meat or a meat preparation or mechanically separated meat which was—
(4) Meat products comply with this sub-paragraph if they are produced in an establishment which—
Milk and milk products produced from a susceptible animal originating in a surveillance zone or on premises in a surveillance zone
6.
—(1) A person shall not sell or consign for sale the milk of a susceptible animal originating in a surveillance zone or any milk product produced from such milk unless it complies with sub-paragraph (2) or (3).
(2) Milk and milk products comply with this sub-paragraph if—
(3) Milk and milk products comply with this sub-paragraph if—
(4) A person shall not sell or consign for sale the milk of a susceptible animal produced on premises in a surveillance zone or any milk product produced from such milk unless—
(5) Transport of raw milk complies with this sub-paragraph if—
(6) Premises comply with this sub-paragraph if they satisfy the following requirements—
(c) they are operated so that milk on the premises and leaving the premises is clearly identified as eligible for sale outside the surveillance zone to the final consumer and is at all times stored and transported separately from milk and milk products which are not so eligible.
Collection, transport and processing of raw milk produced in a surveillance zone
7.
—(1) A person shall not collect and transport raw milk produced on premises in a surveillance zone where a susceptible animal is kept out of that surveillance zone or process any such milk unless such transport complies with sub-paragraph (2) and is carried out in a vehicle which complies with sub-paragraph (3).
(2) Transport complies with this sub-paragraph if it is—
(b) transport to premises other than a laboratory under the authority of a licence granted by an inspector.
(3) A vehicle complies with this sub-paragraph if it—
(4) A licence granted under sub-paragraph (2)(b) shall specify the route to be taken and shall include a condition prohibiting the vehicle from entering any premises in the zone where a susceptible animal is kept for purposes other than to load milk.
(5) Any person transporting milk under the authority of a licence granted under sub-paragraph (2)(b) shall ensure that—
(6) A person shall not process milk transported under this paragraph except under the authority of a licence granted by an inspector.
Transport, treatment and spreading of dung, manure, slurry and litter produced in a surveillance zone
8.
—(1) This paragraph applies to dung, manure, slurry and litter—
(2) A person shall not transport dung, manure or slurry to which this paragraph applies unless such transport complies with sub-paragraphs (3), (5) or (7), and with sub-paragraph (10).
(3) Transport of dung, manure or slurry complies with this sub-paragraph where it is transported to an establishment for treatment to destroy the disease virus and under the authority of a licence granted by the Department.
(4) The occupier of any premises to which dung, manure or slurry is transported by authority of a licence granted under sub-paragraph (3) shall ensure that it is treated in accordance with point 5 of Section II in Part A of Annex VIII to Regulation (EC) No 1774/2002 as amended.
(5) Transport and spreading of dung, manure or slurry complies with this sub-paragraph if—
(6) A person shall not spread dung, manure or slurry to which this paragraph applies unless such spreading is authorised by a licence granted by an inspector and the dung, manure or slurry—
(7) Transport of dung, manure or slurry complies with this sub-paragraph if—
(8) A person shall not spread dung, manure or slurry transported by authority of a licence granted under sub-paragraph (7) unless such spreading is authorised by a licence granted by an inspector and the dung, manure or slurry is injected into the ground.
(9) Any licence granted under sub-paragraph (6) or (8) shall contain at least the following terms—
(10) Transport of dung, manure or slurry complies with this sub-paragraph if it is carried out in a vehicle which is—
(11) After transporting dung or manure under this paragraph, the person in charge of the vehicle shall ensure it is cleansed and disinfected in accordance with the directions of an inspector, after unloading or spreading and before leaving the premises of destination.
(12) The person in charge of a vehicle to be cleansed and disinfected so as to comply with sub-paragraph (10) or under sub-paragraph (11) shall ensure that such cleansing and disinfection is carried out so that—
(e) heat treatment ensuring a core temperature of at least 65°C is reached for the time necessary to achieve a pasteurisation value equal to or more than 40.
Hides and skins
2.
Hides and skins fall within this paragraph if they comply with the requirements in Article 20 of and points A(2)(c) or (d) of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 as amended.
Wool, ruminant hair and pig bristles
3.
Wool, ruminant hair and pig bristles fall within this paragraph if they comply with the requirements in Article 20 of and point A(1) of Chapter VIII of Annex VIII to Regulation (EC) No 1774/2002 as amended.
Animal products derived from susceptible animals
4.
Animal products derived from susceptible animals fall within this paragraph if they have undergone one of the following treatments—
Blood and blood products
5.
Blood and blood products of a susceptible animal used for technical purposes (including pharmaceuticals, in vitro diagnostics and laboratory reagents) which have undergone any of the treatments referred to in point B3(e)(ii) of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002 as amended.
Lard and rendered fats
6.
Lard and rendered fats fall within this paragraph if they have undergone the heat treatment referred to in point B(2)(d)(iv) of Chapter IV of Annex VII to Regulation (EC) No 1774/2002 as amended.
Petfood and dog chews
7.
Petfood and dog chews fall within this paragraph if they comply with the requirements of points B(2), (3) or (4) of Chapter II of Annex VIII to Regulation (EC) No 1774/2002 as amended.
Game trophies of ungulates
8.
Game trophies of ungulates fall within this paragraph if they comply with the requirements of points A(1), (3) or (4) of Chapter VII of Annex VIII to Regulation (EC) No 1774/2002 as amended.
Animal casings
9.
Animal casings fall within this paragraph if they have been cleaned, scraped and either salted with sodium chloride for 30 days or bleached or dried after scraping and were protected from recontamination after treatment.
(b) has been stored in packages or bales under shelter on premises situated not closer than 2 kilometres to the nearest infected premises and kept at such premises until at least three months have elapsed following the completion of all cleansing and disinfection in the protection zone surrounding the nearest infected premises (and in any case not before the declaration creating that that protection zone has been amended in accordance with regulation 34 so that the protection zone becomes part of a surveillance zone).
(2) Milk products for human consumption produced from milk which has been subjected to one of the treatments in sub-paragraph (1).
Milk and milk products not intended for human consumption
4.
—(1) Milk and milk products not intended for human consumption (including whey intended for susceptible animals) fall within this paragraph if they have undergone one of the following treatments—
(c) High Temperature Short Time pasteurisation, applied twice, at 72°C for at least 15 seconds or any other pasteurisation treatment which achieves a negative reaction to a phosphatase test; or
(d) High Temperature Short Time pasteurisation at 72°C for at least 15 seconds or any other pasteurisation treatment which achieves a negative reaction to a phosphatase test and either—
(2) Milk products not for human consumption (other than whey intended for susceptible animals) fall within this paragraph if they are produced from milk which has been subjected to one of the treatments in sub-paragraph (1).
(3) Whey intended for susceptible animals falls within this paragraph if it is—
except under the authority of a licence granted by the Department.
(2) The person in charge of any vehicle used to move a susceptible animal under such a licence shall ensure that it is cleansed and disinfected in accordance with regulation 42.
(3) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone, surveillance zone or vaccination zone.
Slaughter of a susceptible animal in a restricted zone
2.
Where a susceptible animal is moved to a slaughterhouse within a restricted zone, the occupier of the slaughterhouse shall ensure that it is slaughtered in accordance with any directions given by an inspector and in any case within 24 hours of arrival.
Control of products from slaughterhouses in a restricted zone
3.
—(1) A person shall not move any carcase or animal product (unless intended for human consumption) or any manure, slurry or used litter from a slaughterhouse in a restricted zone except—
(2) A person transporting any thing under the authority of a licence granted under sub-paragraph (1)(b) shall—
(3) The occupier of the premises to which any carcase or animal product is moved under this paragraph shall ensure that it is not brought into contact with, or fed to, any susceptible animal.
Control of carcases in a restricted zone
4.
—(1) A person shall not move any carcase of a susceptible animal (other than the carcase of an animal slaughtered for human consumption or the carcase of an animal suspected of having contracted Bovine Spongiform Encephalopathy or Scrapie destined for disposal) from premises in a restricted zone other than a slaughterhouse except under the authority of a licence granted by an inspector.
(2) The carcase of a deer which has been culled shall not be considered to have been slaughtered for human consumption.
Straying of a susceptible animal in a restricted zone
5.
—(1) The keeper of a susceptible animal in a restricted zone shall take all such steps as are necessary to prevent it from straying from the premises on which it is kept.
(2) An inspector may detain any stray or feral susceptible animal found in a restricted zone.
Control of animal gatherings and gatherings of people in a restricted zone
6.
—(1) Subject to sub-paragraphs (5) and (6) a person shall not—
except under the authority of a licence granted by the Department.
(2) Subject to sub-paragraph (4) a person shall not hold or take part in the following activities in a restricted zone—
(3) Subject to sub-paragraph (4) and (5), a person shall not shoot deer except under the authority of a licence granted by the Department.
(4) The occupier of land, members of his household, persons employed by him as beaters and any member of a shooting party of not more than three persons authorised by him may shoot deer found on that land.
(5) Sub-paragraph (1) shall not be deemed to prohibit the racing or the training for racing of greyhounds on a licensed greyhound racing track in a restricted area.
(6) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.
Shearing or dipping of sheep in a restricted zone
7.
—(1) Subject to sub-paragraph (2) and (4), a person shall not—
in a restricted zone except under the authority of a licence granted by an inspector.
(2) The prohibition in sub-paragraph (1) shall not apply to the occupier of any premises or his employees (other than a person employed by him primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.
(3) In this paragraph—
(4) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.
Ultrasound scanning of sheep in a restricted zone
8.
—(1) Subject to sub-paragraph (2) and (3), a person shall not carry out ultrasound scanning of sheep in a restricted zone except under the authority of a licence granted by an inspector.
(2) The prohibition in sub-paragraph (1) shall not apply to the occupier of any premises or his employees (other than any person employed by him primarily for the purpose of carrying out ultrasound scanning of sheep) in respect of the carrying out of ultrasound scanning of sheep kept on those premises using ultrasound scanning equipment of which the occupier is the owner or person in charge.
(3) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.
Cleansing and disinfection of slaughterhouses in a restricted zone
9.
The occupier of any collecting centre or slaughterhouse in a restricted zone shall cleanse and disinfect the premises in accordance with the directions of an inspector as soon as is practicable after it has been emptied of animals and in any event before a susceptible animal, fodder, used litter or other thing liable to spread disease is moved there again.
Movement of a susceptible animal in a wild animal infected zone
13.
A person shall not move a susceptible animal from or to premises in a wild animal infected zone except under the authority of a licence granted by the Department.
Cleansing and disinfection in a wild animal infected zone
14.
—(1) The occupier of any premises in a wild animal infected zone shall ensure that means of disinfection are provided and used at all entrances to buildings where a susceptible animal is kept in accordance with the directions of an inspector.
(2) Any person coming into contact with a wild susceptible animal shall cleanse and disinfect himself and launder his clothing after such contact in accordance with the directions of the Department.
Carcases and things which may be contaminated in a wild animal infected zone
15.
A person shall not bring the following on to a holding in a wild animal infected zone where a susceptible animal is kept—
Movement of semen, ova and embryos out of a wild animal infected zone for trade
16.
A person shall not move any semen, embryo or ovum of a susceptible animal out of a wild animal infected zone for the purpose of trade with another member State, Norway, Iceland or Liechtenstein.
Number | Title | Extent |
S.R. & O. (N.I.) 1962 No 209 | Foot and Mouth Disease Order (NI) | The whole Order |
S.R. & O. (N.I.) 1968 No 14 | Foot and Mouth Disease (Revocation and Amendment) Order (NI) | The whole Order |
S.R. & O. (N.I.) 1968 No 29 | Foot and Mouth Disease (Importation ) No.2 (Revocation) Order (NI) | The whole Order |
S.R. & O. (N.I.) 1968 No 34 | Foot and Mouth Disease (Importation ) No.6 and 7 Orders (Amendment and Revocation) (NI) | The whole Order |
S.R. 2001 No. 82 | Foot and Mouth Disease (Amendment) Order (NI) | The whole Order |
S.R. 2001 No. 83 | Foot and Mouth Disease (Infected area) Order (NI) | The whole Order |
S.R. 2001 No. 239 | Import and Export Restrictions (Foot and Mouth Disease) No.2 (Revocation) Regulations (N.I.) | The complete Regulations |
S.R. 2002 No. 44 | Foot and Mouth Disease (Controlled Area) Order (NI) | The whole Order |
[3] O.J. No. L306, 22.11.2003, p.1back
[4] As inserted by S.R. 2006 No. 41back
[5] O.J. No. L139, 30.4.2004, p.206. The revised text of the Regulation is contained in a corrigendum (O.J. No. L226, 25.6.2004, p83).back
[6] O.J. No. L139, 30.4.2004, p.55. The revised text of the Regulation is contained in a corrigendum (O.J. No. L226, 25.6.2004, p22).back
[7] S.I. 1981/1115 (N.I.22) as amended by S.I. 1984/702 (N.I.2) Article 17, S.I. 1994/1891 (N.I.6) Articles 20 and 23, S.R. 1994 No. 11, S.R. 2004 No.362 and 2006 No. 41back
[8] O.J. No. L165, 30.4.2004, p.1. The revised text of the Regulation is contained in a corrigendum (O.J. No. L191, 28.5.2004, p.1)back
[10] ()S.R. 1995 No. 396 as amended by S.R. 1997 No. 496, S.R. 1998 No. 237, S.R. 2000 No. 78, S.R. 2000 No. 191 and S.R 2002 No. 217back
[13] S.R. 1972 No. 16 as amended by S.R.&O 1975 No. 69, S.R. 1995 No. 467 and S.R. 2006 No. 42back
[16] As inserted by S.R. 2006 No. 41back
[17] O.J. No. L273, 10.10.2002, p.1 as last amended by Commission Regulation (EC) No. 668/2004 (O.J. No. L112, 19.4.2004, p.1).back
[18] S.R. 2005 No. 78 as amended by S.R. 2005 No. 446back
[21] S.R. 1972 No. 16 as amended by S.R. 1975 No. 69 and S.R. 1995 No. 467back
[22] S.I. 1983 No. 764 (N.I. 8)back
[23] O.J. No. L273, 10.10.2002, p.1 as last amended by Commission Regulation (EC) No. 668/2004 (O.J. No. L112, 19/4/2004. P.1)back