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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2003/20032913.html

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2003 No. 2913

ANIMALS, ENGLAND

ANIMAL HEALTH

The African Swine Fever (England) Order 2003

  Made 13th November 2003 
  Coming into force 5th December 2003 


ARRANGEMENT OF ARTICLES

1. Title, commencement and application
2. Interpretation
3. Exemptions
4. Notification of the disease
5. Measures while the suspicion of the disease is being investigated
6. Further measures where a notice has been served under article 5
7. Measures where the disease is confirmed on a holding
8. Measures where the disease is confirmed in a slaughterhouse, knacker's yard or on a means of transport
9. Measures that apply in respect of holdings from or to which the disease may have been transmitted
10. Temporary control zone
11. Protection and surveillance zones
12. Cleansing and disinfection
13. Feral pig investigation zone
14. Measures where the disease is confirmed in a feral pig
15. Vaccines
16. Compliance with notices etc.
17. Powers of inspectors and veterinary inspectors
18. Enforcement
19. Revocations

SCHEDULES

  1. Measures that apply in protection and surveillance zones

  2. Measures that apply in an infected area established under article 14

The Secretary of State, in exercise of the powers conferred on her by sections 1, 7(1), 8(1), 15(4), 17(1), 23, 25, 28, 35, 38 and 83(2) of the Animal Health Act 1981[
1] makes the following Order:

Title, commencement and application
     1.  - (1) This Order may be cited as the African Swine Fever (England) Order 2003 and shall come into force on 5th December 2003.

    (2) This Order applies in England.

Interpretation
    
2.  - (1) In this Order - 

    (2) For the purposes of this Order - 

Exemptions
    
3. This Order shall not apply in respect of the presence of the virus in circumstances where a licence has been issued under article 4 of the Specified Animal Pathogens Order 1998[2].

Notification of the disease
     4.  - (1) Any person who suspects the disease in any pig or carcase which is - 

shall immediately notify the Divisional Veterinary Manager.

    (2) Any person who analyses samples taken from any animal or carcase and who finds evidence of antibodies or antigens to the disease or to any vaccine for the disease shall immediately notify the Divisional Veterinary Manager.

    (3) No person shall move any pig or carcase suspected of being infected with the disease, nor any meat, pig product, semen, ovum or embryo of pigs, animal feeding stuff, manure or slurry or any other utensils, material, waste or other thing likely to transmit the disease, from the holding or other place on which it is found, unless that holding or other place has been visited by a veterinary inspector and the veterinary inspector has either imposed restrictions under article 5 or notified that person that he does not consider it necessary to do so.

Measures while the suspicion of the disease is being investigated
    
5.  - (1) Where a veterinary inspector suspects that the disease may exist or may within the previous 56 days have existed on any holding, slaughterhouse, knacker's yard, any other place or means of transport whether or not notification has been given under article 4, he shall - 

    (2) When a notice is served under paragraph (1) the occupier shall - 

    (3) When a notice has been served under paragraph (1) no person shall - 

    (4) Where a veterinary inspector has grounds for suspecting the presence of vectors on particular premises in consequence of their location, geographical situation or contacts with other premises where the disease is known or suspected to exist (in England or elsewhere), he or an inspector acting under his direction, may serve a notice of the grounds on the occupier of the particular premises, and thereupon a veterinary inspector, an inspector acting in accordance with a veterinary inspector's direction or an officer of the Secretary of State may enter the particular premises.

Further measures where a notice has been served under article 5
    
6. Where a notice has been served under article 5, a veterinary inspector may, by further notice served on the occupier of the holding, slaughterhouse, knacker's yard, any other place or on the person appearing to him to be in charge of a means of transport - 

Measures where the disease is confirmed on a holding
    
7.  - (1) Where the CVO has confirmed that the disease is present on a holding, a veterinary inspector shall serve a notice under this article on the occupier of that holding requiring him to ensure that the restrictions and requirements contained in article 5 are complied with unless a notice under article 5 has already been served, in which case the restrictions and requirements contained in it will remain in force until they are either varied or removed by a veterinary inspector.

    (2) On and after such confirmation a veterinary inspector may also by notice require the implementation of such of the measures set out in article 6 as he thinks fit.

Measures where the disease is confirmed in a slaughterhouse, knacker's yard or on a means of transport
    
8. Where the CVO has confirmed that the disease is present in a slaughterhouse, knacker's yard or on a means of transport, a veterinary inspector may serve a notice on the occupier of the slaughterhouse, knacker's yard or person in charge of the means of transport requiring him to ensure that - 

Measures that apply in respect of holdings from or to which the disease may have been transmitted
    
9.  - (1) Where, following an investigation into the epidemiology of the disease on a holding, a veterinary inspector considers that the disease on an infected or suspected holding may, for any reason, have been transmitted from or to other premises, he may serve a notice under article 5 on the occupier of those premises.

    (2) Where disease has been found in animals or carcases in a slaughterhouse, knacker's yard or on a means of transport, a veterinary inspector may serve a notice under article 5 on the occupier of any premises from which the infected animals or carcases in that slaughterhouse, knacker's yard or means of transport, have come directly or indirectly within the previous 56 days or, in the case of a means of transport, any premises to which the means of transport has since travelled.

Temporary control zone
    
10.  - (1) Following the service of a notice under article 5, the Secretary of State may, by declaratory order, establish a zone to be known as a "temporary control zone".

    (2) When a temporary control zone has been established in Wales or Scotland which touches the border with England the Secretary of State may, as she considers necessary, establish an associated temporary control zone in England.

    (3) The location and size of the temporary control zone shall be such as the Secretary of State considers necessary to prevent the spread of disease.

    (4) Where a temporary control zone has been established, no person shall - 

    (5) The restriction in paragraph (4)(c) shall not apply to pigs which are loaded onto a vehicle outside the zone and transported through it without the vehicle being loaded or unloaded inside the zone.

    (6) Any holding, slaughterhouse or knacker's yard which is partly inside and partly outside a temporary control zone shall be deemed to be wholly inside that zone.

Protection and surveillance zones
    
11.  - (1) Upon confirmation of disease on premises by the CVO, the Secretary of State shall by declaratory order, establish an infected area comprising a zone to be known as a "protection zone" and a zone to be known as a "surveillance zone".

    (2) The protection zone shall cover an area with a radius of at least three kilometres contained in a surveillance zone covering an area with a radius of at least ten kilometres, the centre point of each being the holding, slaughterhouse or knacker's yard where disease has been confirmed.

    (3) Part I of Schedule 1 shall apply in a protection zone and Part II of Schedule 1 shall apply in a surveillance zone.

    (4) Upon confirmation of the disease on a holding, slaughterhouse or knacker's yard in Wales or Scotland, the Secretary of State shall, where appropriate, by declaratory order, establish an infected area in England so that there is a protection zone in England within a radius of at least three kilometres contained in a surveillance zone with a radius of at least ten kilometres, the centre point of each being the holding, slaughterhouse or knacker's yard in Wales or Scotland where the disease was confirmed.

    (5) The Secretary of State may take such steps as she considers necessary to ensure that all persons in an infected area are made fully aware of the restrictions in force, including exhibiting notices or signs on property situated within the infected area.

    (6) Any holding, slaughterhouse or knacker's yard which is partly inside and partly outside a surveillance or protection zone shall be deemed to be wholly inside that zone.

Cleansing and disinfection
    
12.  - (1) Disinfection under this Order shall be carried out with a disinfectant approved for the purpose under the Diseases of Animals (Approved Disinfectants) Order 1978[3].

    (2) Acaricides used pursuant to this Order shall be ones in relation to which approval and consent has been given under the Control of Pesticides Regulations 1986[4] or authorised under the Biocidal Products Regulations 2001[5].

    (3) Cleansing and disinfection operations and, where appropriate, the application of an acaricide on premises shall be carried out under the supervision of a veterinary inspector or an inspector in accordance with the directions of a veterinary inspector.

Feral pig investigation zone
     13.  - (1) Where the Secretary of State has reason to suspect that the disease exists in feral pigs in England or when a feral pig investigation zone has been established in Wales or Scotland which touches the border with England, the Secretary of State may, by declaratory order, establish a feral pig investigation zone within England to which the provisions of paragraph (3) apply.

    (2) The feral pig investigation zone shall cover such area as the Secretary of State considers necessary to enable her to carry out an investigation to confirm or rule out the presence of the disease.

    (3) Any person who shoots, or finds the carcase of, a feral pig in the feral pig investigation zone, shall immediately inform the Divisional Veterinary Manager and if that person has shot the pig he shall keep the carcase for at least 24 hours after informing the Divisional Veterinary Manager and make it available to the Divisional Veterinary Manager for any sampling or testing which the Divisional Veterinary Manager may consider appropriate.

Measures where the disease is confirmed in a feral pig
    
14.  - (1) Where the presence of the disease is confirmed in a feral pig in England or an infected area is declared in Scotland or Wales touching the border with England, the Secretary of State may by declaratory order, establish an infected area within England of sufficient size to cover the area where the disease is suspected to be present.

    (2) The declaratory order in paragraph (1) may impose any or all of the restrictions and requirements of Schedule 2 in the infected area and may also suspend the hunting and ban the feeding of feral pigs in that area.

    (3) The Secretary of State may take such steps as she considers necessary to ensure that all persons in an infected area are made fully aware of the restrictions and requirements in force in the infected area including requiring occupiers of properties situated within that area to exhibit signs or notices.

    (4) The Secretary of State may by declaratory order impose a ban on the establishment of new holdings in an infected area.

    (5) The Secretary of State may by declaratory order impose a ban on pig breeding in an infected area except in accordance with a licence issued by a veterinary inspector.

    (6) Any holding which is partly inside and partly outside an infected area shall be deemed to be wholly inside that area.

Vaccines
    
15. No person shall administer an African swine fever vaccine to any pig unless authorised to do so by the Secretary of State.

Compliance with notices etc.
    
16.  - (1) Any notice or licence under this Order shall be in writing, may be general or specific, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time and, in particular, may be suspended or revoked if the issuing authority is of the reasonable opinion that the provisions of this Order are not being complied with.

    (2) If any person fails to comply with any requirement of this Order or any instruction given, or notice or licence served under it, an inspector may, without prejudice to any proceedings for an offence arising as a consequence of that failure, enter premises and take such action as may be necessary to ensure that the requirements, instruction, notice or licence is complied with or carried out.

    (3) The Secretary of State or the local authority may recover, as a civil debt, any expenses incurred by an inspector under paragraph (2) from the person in default.

Powers of inspectors and veterinary inspectors
    
17.  - (1) A veterinary inspector who enters premises under this Order may - 

    (2) An inspector or other officer of the Secretary of State who enters premises under this Order may - 

Enforcement
    
18.  - (1) Except where otherwise provided, the provisions of this Order shall be executed and enforced by the local authority.

    (2) The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this article shall be discharged by the Secretary of State and not by the local authority.

Revocations
    
19. The African Swine Fever Order 1980[6] is hereby revoked in so far as it applies in England.


Ben Bradshaw
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

13th November 2003



SCHEDULE 1
Article 11(3)


MEASURES THAT APPLY IN PROTECTION AND SURVEILLANCE ZONES




PART 1

MEASURES THAT APPLY IN A PROTECTION ZONE

Movement Restrictions
     1. Subject to paragraph 2, no person may move or transport any pig on any public or private road (other than, when necessary, service roads within the holding) within the protection zone.

     2. The prohibition in paragraph 1 shall not apply - 

     3. No person may move out of the protection zone any vehicle which has been used to transport pigs within the zone, unless - 

     4. The occupier of a holding within the protection zone shall ensure that no other species of domestic animal enters or leaves that holding unless the movement is authorised by a licence issued by a veterinary inspector or an inspector acting in accordance with the directions of a veterinary inspector.

     5. No person shall remove any pig semen, ova or embryos from a holding within the protection zone.

     6. No person shall move any pig in the protection zone off the holding on which it is kept for at least 40 days after the completion of the preliminary cleansing and disinfection of and of any application of an acaricide to the infected holding and thereafter no person shall so move any pig unless licensed to do so by a veterinary inspector or an inspector acting in accordance with the directions of a veterinary inspector.

     7. Where - 

pigs may be moved off the holding provided that any such movement is authorised by a licence issued by a veterinary inspector or an inspector acting in accordance with the directions of a veterinary inspector.

Reduction of periods of waiting
     8. If the Chief Veterinary Officer is satisfied following a sampling and testing programme that the disease no longer exists on the holding in question, the period of 40 days referred to in paragraphs 6 and 7 above may by notice be reduced to 30 days.

Notification of pig deaths on a holding
     9. The occupier of any holding within the protection zone shall notify the Divisional Veterinary Manager about any dead or diseased pig on his holding.

Bio-security
     10. The person in charge of any vehicle or equipment used for the transport of pigs, other livestock or material which may have been contaminated with the virus (for example, carcases, feed, manure and slurry) shall ensure that it is cleansed and disinfected or otherwise treated as soon as possible after use and before it is used again, under the direction and supervision of a veterinary inspector or an inspector acting in accordance with the directions of a veterinary inspector.

     11. No person shall enter or leave any holding within the protection zone wearing clothing or footwear which is visibly contaminated with mud, slurry, animal faeces, droppings, excretions or any other similar matter except that he may cleanse and disinfect the outer surfaces of his footwear on entering or leaving the holding.



PART 2

MEASURES THAT APPLY IN A SURVEILLANCE ZONE

Movement restrictions
     1. Subject to paragraph 2, no person may move or transport any pig on any public or private road (other than, where necessary, service roads within the holding) within the surveillance zone unless licensed to do so by a veterinary inspector or by an inspector acting in accordance with the directions of a veterinary inspector.

     2. The prohibition in paragraph 1 shall not apply - 

     3. No person shall move any livestock vehicle from the surveillance zone if it has been used to transport pigs, unless it has first been cleansed and disinfected and, if necessary, an acaricide has been applied or unless it has been driven through the zone without being loaded or unloaded.

     4. The occupier of any holding within the surveillance zone shall ensure that no other species of domestic animal enters or leaves that holding within seven days of the establishment of that zone unless licensed to do so by an inspector.

     5. No person shall remove any pig semen, ovum or embryo from a holding within the surveillance zone.

Movement of pigs
     6. No person shall move any pig off a holding in the surveillance zone for at least 30 days after the completion of the preliminary cleansing and disinfection of and any application of an acaricide to the infected holding, and thereafter no person shall move any pig unless licensed to do so by a veterinary inspector or an inspector acting in accordance with the directions of a veterinary inspector.

     7. Where a holding has - 

pigs may be moved off that holding provided that the movement is licensed by a veterinary inspector or an inspector acting in accordance with the directions of a veterinary inspector.

Reduction of periods of waiting
     8. If the Chief Veterinary Officer is satisfied following a sampling and testing programme that the disease no longer exists on the holding in question, the period of 30 days referred to in paragraph 6 may by notice be reduced to 21 days and the period of 40 days referred to in paragraph 7 may be so reduced to 30 days.

Bio-security
     9. The person in charge of any vehicle or equipment used for the transport of pigs, other livestock or material which may have been contaminated with the virus (for example, carcases, feed, manure and slurry) shall ensure that it is cleansed and disinfected or otherwise treated as soon as possible after use and before it is used again, in accordance with the directions of a veterinary inspector or an inspector or other person appointed by the Secretary of State in each case acting in accordance with the directions of a veterinary inspector.

     10. No person shall enter or leave any holding within the surveillance zone wearing clothing or footwear which is visibly contaminated with mud, slurry, animal faeces, droppings, excretions or any other similar matter except that he may cleanse and disinfect the outer surfaces of his footwear on entering or leaving the holding.

Notification of deaths of pigs on a holding
     11. The occupier of any holding within the surveillance zone shall notify the Divisional Veterinary Manager about any dead or diseased pigs on the holding.



SCHEDULE 2
Article 14


MEASURES THAT APPLY IN AN INFECTED AREA ESTABLISHED UNDER ARTICLE 14




PART 1

MEASURES THAT APPLY TO HOLDINGS IN THE INFECTED AREA

Records of pigs
     1. The occupier of a holding within the infected area shall prepare, under the direction of a veterinary inspector, a record by category of pigs on the holding and shall ensure that the record is kept up to date and provided, on request, to an inspector, provided that in the case of holdings where pigs are not kept inside, the first record may be based on an estimate.

Isolation of pigs
     2. The occupier shall ensure that - 

Movement of pigs
     3. No person shall move a pig on to or off a holding unless licensed to do so by a veterinary inspector or an inspector acting in accordance with the directions of a veterinary inspector.

Bio-security
     4. The occupier shall ensure that appropriate means of disinfection and, if necessary, application of an acaricide are provided and used at the entrances and exits of those parts of the holding in which pigs are being kept and of the holding itself.

Dead or diseased pigs
     5. The occupier shall ensure that he notifies the Divisional Veterinary Manager of any feral pigs that die on the holding and shall retain the carcases of such animals on the holding until a veterinary inspector has notified him that he no longer needs to do so.

Feral pigs
     6. No person shall bring on to a holding in the infected area - 



PART 2

MEASURES THAT APPLY IN THE INFECTED AREA

Export of pigs, semen, ova or embryos from the infected area
     1. No person shall move any pig, semen, ovum or embryo from the infected area for the purpose of export to another member state.

Contact with feral pigs
     2. Any person who comes into contact with a feral pig in the infected area shall takes steps to ensure that he does not spread the disease.

     3. Any person who shoots, or finds the carcase of, a feral pig shall immediately inform the Divisional Veterinary Manager and if that person has shot the pig he shall keep the carcase for at least 24 hours after informing the Divisional Veterinary Manager and make it available to him for any sampling or testing which the Divisional Veterinary Manager may consider appropriate.



EXPLANATORY NOTE

(This note is not part of the Order)


This Order, which applies in England, implements Council Directive 2002/60/EC (OJ No L192, 20.7.2002, p 27) revising Community measures for the control of African swine fever. It revokes and replaces the African Swine Fever Order 1980 (S.I. 1980/145) so far as it applies to England.

The Order - 

Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Movements and Exotic Diseases Division, Department for Environment, Food and Rural Affairs, Room 608, Page Street, London SW1 4PQ.


Notes:

[1] 1981 c.22. See section 86(1) for the definitions of "the Ministers" and "the Minister". Functions of "the Ministers" so far as exercisable by the Secretaries of State for Scotland and Wales in relation to England, were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) and were then transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back

[2] S.I. 1998/463.back

[3] S.I. 1978/32, relevant amending instruments are S.I. 1978/934 and S.I. 1997/2347.back

[4] S.I. 1986/1510, amended by S.I. 1997/188, 2001/880.back

[5] S.I. 2001/880, to which there are amendments not relevant to this Order.back

[6] S.I. 1980/145, as amended by S.I. 1993/3119.back



ISBN 0 11 048220 4


  Prepared 4 December 2003


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