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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Foot-and-Mouth Disease (England) Order 2006 No. 182 URL: http://www.bailii.org/uk/legis/num_reg/2006/20060182.html |
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Made | 30th January 2006 | ||
Coming into force | 23rd February 2006 |
1. | Title, application and commencement |
2. | Interpretation |
3. | Extension of definitions of "animals" and "poultry" |
4. | Premises comprising common or unenclosed land |
5. | Licences and declarations |
6. | Notices |
7. | Dissemination of information concerning restrictions and requirements |
8. | Disinfection |
9. | Notification of disease or suspected disease |
10. | Notice of suspicion of disease |
11. | Suspicion of disease in animals in transit |
12. | Veterinary inquiry into the existence of disease and declaration of suspect premises and infected premises |
13. | Separate production units |
14. | Tracing of possible disease spread |
15. | Maintenance of measures in respect of premises |
16. | Declaration of a temporary control zone |
17. | Measures applicable in respect of a temporary control zone |
18. | Supplementary measures in respect of a temporary control zone: straying of susceptible animals |
19. | Declaration of supplementary movement control zone |
20. | Measures applicable in respect of a supplementary movement control zone |
21. | Tracing of products originating on infected premises |
22. | Notice of intention to slaughter animals |
23. | Sampling and clinical examination of susceptible animals before slaughter |
24. | Place of slaughter |
25. | Slaughter: control of carcases |
26. | Slaughter: control of faecal material |
27. | Slaughter: isolation of things liable to spread disease |
28. | Slaughter: cleansing and disinfection of premises other than slaughterhouses and border inspection posts |
29. | Slaughter: cleansing and disinfection of slaughterhouses and border inspection posts |
30. | Restocking of premises following slaughter |
31. | Declaration of protection zones and surveillance zones on confirmation of disease in England |
32. | Declaration of protection zones and surveillance zones on confirmation of disease in Scotland or Wales |
33. | Protection zones and surveillance zones: general provisions |
34. | Measures applicable in respect of protection zones and surveillance zones |
35. | Veterinary inspection of premises in protection zones and surveillance zones |
36. | Power to prohibit entry to land or agricultural buildings in a protection zone |
37. | Amendment and revocation of declarations creating protection zones and surveillance zones |
38. | Declaration of a restricted zone |
39. | Measures applicable in respect of a restricted zone |
40. | Presence of disease in wild animals and declaration of a wild animal infected zone |
41. | Measures applicable in a wild animal infected zone |
42. | Production of licences |
43. | Further provision relating to certain premises |
44. | Duty of the local authority to erect signs |
45. | Cleansing and disinfection of vehicles transporting susceptible animals |
46. | Cleansing and disinfection of vehicles: provision of facilities, equipment and materials |
47. | Marks applied under this Order |
48. | Change of occupation of premises under restriction |
49. | Reasonable assistance |
50. | False information |
51. | Compliance with notices and directions |
52. | Production of records |
53. | Retention of records |
54. | Designated areas and periods for the inspection of vehicles |
55. | General powers of veterinary inspectors to take action to prevent the spread of disease |
56. | Powers of inspectors in case of default |
57. | Offences by bodies corporate |
58. | Offences: no knowledge of restriction or requirement |
59. | Enforcement |
60. | Amendment to the Diseases of Animals (Approved Disinfectants) Order 1978 |
61. | Amendment to the Foot-and-Mouth Disease (Ascertainment of Value) (No. 5) Order 2001 |
62. | Amendment to the Disease Control (England) Order 2003 |
63. | Revocations |
SCHEDULE 1— | Measures applicable in respect of premises on suspicion and confirmation of disease |
SCHEDULE 2— | Criteria for confirming disease |
SCHEDULE 3— | Cleansing and Disinfection of premises |
PART 1— | General procedures for cleansing and disinfection of premises |
PART 2— | Cleansing and disinfection of infected premises |
PART 3— | Disinfection of contaminated used litter, manure and slurry |
PART 4— | Special cases |
SCHEDULE 4— | Restocking of premises |
PART 1— | General principles |
PART 2— | Restocking of premises in a vaccination zone or with vaccinated animals |
PART 3— | Movement of susceptible animals during restocking and completion of restocking |
SCHEDULE 5— | Measures applicable in respect of protection zones and surveillance zones |
PART 1— | Measures applicable in respect of both protection zones and surveillance zones |
PART 2— | Measures applicable only in respect of a protection zone |
PART 3— | Measures applicable only in respect of a surveillance zone |
SCHEDULE 6— | Treatments to ensure the destruction of disease virus |
PART 1— | Products of animal origin (other than fresh meat, milk and milk products) |
PART 2— | Products not of animal origin |
PART 3— | Fresh meat |
PART 4— | 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— | Orders revoked |
(2) References in this Order to "emergency slaughter" mean slaughter of animals which are not suspected of infection or contamination and are not on infected premises, where an inspector considers that the circumstances require urgent slaughter (including slaughter for welfare reasons).
(3) References in this Order 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.
(4) References in this Order to "susceptible animals originating in", in respect of a vaccination zone or temporary control zone or "susceptible animals originating on", in respect of suspect premises or contact premises mean—
Extension of definitions of "animals" and "poultry"
3.
For the purposes of the Act in its application to disease and to this Order—
Premises comprising common or unenclosed land
4.
For the purposes of this Order—
(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
5.
—(1) Licences granted under this Order—
(2) Except where otherwise directed by the Secretary of State, a licence granted in Scotland or Wales for the same purpose as a licence which may be granted under this Order is valid for that purpose in England and its conditions apply in England as if it was a licence granted under this Order.
(3) Declarations made under this Order shall be in writing.
(4) Any amendment to or revocation of a declaration shall be made by further declaration.
Notices
6.
—(1) Notices issued under this Order 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 by a veterinary 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 restrictions and requirements
7.
—(1) The Secretary of State shall take such steps as she 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) She shall also ensure that—
are publicised.
Disinfection
8.
Disinfection under this Order shall be carried out with a disinfectant which is—
(2) The inspector shall ensure that the occupier of premises to which animals are directed is served with a notice on their arrival stating that those premises are under restriction and Schedule 1 shall then apply in respect of those premises.
(3) The person in charge of any vehicle detained under paragraph (1)(c) shall cleanse and disinfect it without delay in accordance with Schedule 2 to the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 2003[13] and with any additional requirements an inspector imposes by serving a notice on him.
(4) The person in charge of any equipment or other thing detained under paragraph (1)(c) shall cleanse and disinfect it in accordance with the directions of an inspector.
Veterinary inquiry into the existence of disease and declaration of suspect premises and infected premises
12.
—(1) The Chief Veterinary Officer shall ensure that the presence or suspicion of infection or contamination is investigated in accordance with this article by a veterinary inspector as soon as is reasonably practicable.
(2) The Chief Veterinary Officer shall ensure that the presence or absence of disease on every premises in a temporary control zone where susceptible animals are kept or have in the 56 days before the declaration of that zone been kept is investigated in accordance with this article by a veterinary inspector as soon as is reasonably practicable.
(3) The veterinary inspector investigating shall take all steps he considers necessary to determine whether disease exists or has in the 56 days before the commencement of the investigation existed on the premises, and the 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 veterinary inspector investigating may mark any animal, carcase or other thing liable to spread disease found on the premises.
(7) If the veterinary inspector investigating considers it necessary to submit a serological sample for testing to determine whether disease exists or has in the 56 days before the investigation existed on the premises, he shall declare the premises to be suspect premises.
(8) The veterinary inspector investigating shall communicate to the Chief Veterinary Officer his opinion as to whether disease exists or has in the 56 days before the investigation existed on any premises under inquiry.
(9) If his opinion is that disease exists or has in the 56 days before the investigation existed on any premises the officer investigating shall also communicate to the Chief Veterinary Officer his opinions on at least the following—
and in sub-paragraphs (c), (e) and (f), "premises" includes premises outside England.
(10) The Chief Veterinary Officer shall consider and may confirm every opinion communicated to her under this article.
(11) If the Chief Veterinary Officer concludes after consideration of any opinion communicated to her under this article that one or more of the criteria in Schedule 2 are satisfied in respect of any premises she shall confirm disease there.
(12) If the Chief Veterinary Officer confirms disease at any premises the Secretary of State shall declare those premises to be infected premises.
(13) A declaration under paragraph (7) or (12) shall be by notice served on the occupier.
(14) Any infected premises is an infected place for the purposes of the Act.
Separate production units
13.
—(1) The Secretary of State may by notice served on the occupier of any premises investigated under article 12 (other than infected premises) 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 her 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) A unit shall cease to be a free unit on—
Tracing of possible disease spread
14.
—(1) The Secretary of State shall declare premises (other than infected premises) to be suspect premises if the Chief Veterinary Officer advises that she suspects them of contamination from premises already declared to be suspect premises or from a suspected case of disease outside England.
(2) The Secretary of State shall declare premises (other than infected premises or suspect premises) to be contact premises if the Chief Veterinary Officer advises either—
and in sub-paragraphs (a) and (b) "premises" includes premises outside England.
(3) Declarations under this article shall be by notice served on the occupier.
(4) The Secretary of State shall ensure that any premises declared to be suspect premises or contact premises under this article are subjected to investigation in accordance with article 12 as soon as is reasonably practicable.
(5) Where, following a declaration under article 13(1), premises are to be regarded as consisting of separate production units the Secretary of State shall amend any declaration under paragraph (2) to specify to or from which units disease may have been carried and only those units specified shall form the contact premises.
(6) Schedule 1 applies in respect of suspect premises or contact premises declared under this article.
Maintenance of measures in respect of premises
15.
—(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 Secretary of State shall not revoke any notice declaring premises to be suspect premises until she is advised by the Chief Veterinary Officer that she no longer suspects infection or contamination there.
(4) The Secretary of State shall not revoke any notice declaring premises to be contact premises until she is advised by the Chief Veterinary Officer that she no longer suspects that disease may have been carried there or from there.
(5) The Secretary of State shall not revoke any notice declaring premises to be infected premises until completion of the final cleansing and disinfection measures in paragraphs 15 to 17 of Schedule 3.
Declaration of a temporary control zone
16.
—(1) On the declaration of any suspect premises the Secretary of State shall also declare an area around those premises of such size as she considers fit to prevent the spread of disease to be a temporary control zone.
(2) If the Secretary of State is satisfied that an animal or carcase in Scotland or Wales is suspected of being infected or contaminated, she may declare a temporary control zone of such size as she 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 Secretary of State 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.
Measures applicable in respect of a temporary control zone
17.
—(1) No person shall move any susceptible animal into or out of a temporary control zone, except where the movement is—
(2) Subject to paragraph (3), no person shall 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 an inspector.
(3) The Secretary of State 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 Secretary of State 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
18.
—(1) The 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
19.
—(1) When a temporary control zone has been declared, the Secretary of State 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) A supplementary movement control zone applies in respect of—
Measures applicable in respect of a supplementary movement control zone
20.
—(1) No person shall move any animal in respect of which a supplementary movement control zone applies from or to any premises in such a zone or into or out of such a zone except where the movement is—
(2) Paragraph (1) applies—
(3) Any inspector granting a licence under paragraph (1)(c) shall take account of the recommended measures in paragraph 2.1 of Annex VI to the Directive.
Notice of intention to slaughter animals
22.
—(1) Subject to paragraph (2), before causing the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act, the Secretary of State shall serve notice of her intention to cause such slaughter—
(2) Paragraph (1) does not apply where the Secretary of State intends to cause the slaughter of a stray or feral animal detained by an inspector under article 18(2) or under paragraph 2(2) of Schedule 5 or paragraph 5(2) of Schedule 7.
Sampling and clinical examination of susceptible animals before slaughter
23.
Where the Secretary of State serves notice of her intention to cause the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act, she shall ensure that any sampling and clinical examination she considers necessary to carry out the veterinary inquiry under article 12 is undertaken before, or immediately following, such slaughter.
Place of slaughter
24.
—(1) This article applies where the Secretary of State serves notice of her intention to cause the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act.
(2) Subject to paragraph (3), where the animals to be slaughtered are on premises slaughter shall take place there without delay.
(3) Paragraph (2) shall not apply where—
(4) In the cases referred to in paragraph (3), the Secretary of State may direct that slaughter be carried out at another place she considers satisfactory for the purpose of preventing the spread of disease.
(5) Where the animals to be slaughtered are in transit, they shall be transported to another place at the direction of the Secretary of State as soon as is reasonably practicable.
(6) In directing transport to another place under this article the Secretary of State shall grant a licence under paragraphs 4(6), 7(d) and 10(b) of Schedule 1 authorising movement of the animals, persons and vehicles necessary for that action.
Slaughter: control of carcases
25.
—(1) This article applies to every carcase of a susceptible animal on premises where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act.
(2) No person shall move any carcase to which this article applies from the premises except for disposal and under the authority of a licence granted by the Secretary of State.
(3) The Secretary of State shall ensure that every carcase to which this article applies is disposed of without undue delay, and in so ensuring—
Slaughter: control of faecal material
26.
—(1) This article applies to premises where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act.
(2) No person shall move any dung, manure, slurry or used litter of susceptible animals from premises to which this article applies except—
Slaughter: isolation of things liable to spread disease
27.
—(1) This article applies to the occupier of—
(2) Subject to paragraph (3) a person to whom this article 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 from any animal until—
(3) Paragraph (2) does not apply to milk on free units where this is authorised by a licence granted by the Secretary of State
(4) A licence granted under paragraph (3) shall contain terms requiring that—
Slaughter: cleansing and disinfection of premises other than slaughterhouses and border inspection posts
28.
—(1) This article applies to any premises, other than a slaughterhouse or border inspection post, where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act and to any vehicle used to carry susceptible animals on those premises, after—
(2) The Secretary of State shall ensure that every building, other part of the premises, vehicle used to carry susceptible animals and any other thing or place on the premises normally used by animals which may be contaminated is cleansed and disinfected in accordance with Schedule 3.
(3) The Secretary of State shall ensure that any part of the premises normally used by humans to the exclusion of animals (including a dwelling) she suspects to be contaminated is cleansed and disinfected in accordance with Schedule 3.
Slaughter: cleansing and disinfection of slaughterhouses and border inspection posts
29.
—(1) This article applies to a slaughterhouse or border inspection post where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act, and to any vehicle used to carry susceptible animals on those premises, after—
(2) The Secretary of State shall ensure that every building and place, equipment, vehicle and other thing which may be contaminated on premises to which this article applies are cleansed and disinfected in accordance with Schedule 3.
(3) No person shall move any animal on to the premises until at least 24 hours after completion of the final cleansing and disinfection measures in paragraphs 15 to 17 of Schedule 3.
Restocking of premises following slaughter
30.
—(1) This article applies to any premises where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act.
(2) No person shall restock premises to which this article applies except under the authority of a licence granted by the Secretary of State and in accordance with Schedule 4.
(3) No licence shall be granted allowing restocking to commence—
Declaration of protection zones and surveillance zones on confirmation of disease in England
31.
—(1) The Secretary of State 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 England, other than—
(3) The Secretary of State may declare an area to be a protection zone in the circumstances mentioned in paragraph (4) and if she decides to do so, she shall also declare an area to be a surveillance zone.
(4) The circumstances referred to in paragraph (4) are when the Chief Veterinary Officer confirms disease—
(5) Subject to paragraph (6), a protection zone or surveillance zone declared under this article shall be of such size as the Secretary of State considers fit to prevent the spread of disease.
(6) A declaration under this article shall designate—
Declaration of protection zones and surveillance zones on confirmation of disease in Scotland or Wales
32.
—(1) If the Secretary of State is satisfied that disease is present on premises (other than a slaughterhouse or border inspection post) in Scotland or Wales—
(2) If the Secretary of State is satisfied that disease is present at—
she may declare an area to be a protection zone, or an area to be a surveillance zone, or both, in England.
(3) Subject to paragraph (4), a protection zone or surveillance zone declared under this article shall be of such size as the Secretary of State considers fit so as to prevent the spread of disease.
(4) A declaration under this article shall designate the extent of any protection zone or surveillance zone declared and the Secretary of State shall ensure that—
(5) In this article border inspection post means—
Protection zones and surveillance zones: general provisions
33.
—(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 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 Act.
Measures applicable in respect of protection zones and surveillance zones
34.
—(1) The measures in Parts 1 and 2 of Schedule 5 apply in respect of a protection zone and those in Parts 1 and 3 of Schedule 5 apply in respect of a surveillance zone.
(2) Subject to paragraphs (3) and (4),the Secretary of State may declare that any other measure she 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 Secretary of State shall not make a declaration under paragraph (2), unless she is satisfied that the measures to be applied by that declaration are—
(4) The Secretary of State 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 zone or surveillance zone until the declaration creating it is amended or revoked in accordance with article 37.
Veterinary inspection of premises in protection zones and surveillance zones
35.
—(1) The Secretary of State shall ensure that all premises within a protection zone or a surveillance zone where susceptible animals are kept are inspected by a veterinary inspector as regularly as she considers fit to prevent the spread of disease.
(2) A veterinary inspector inspecting premises under paragraph (1) shall ensure that the inspection includes—
Power to prohibit entry to land or agricultural buildings in a protection zone
36.
—(1) Subject to paragraph (2), and with the prior written consent of the Secretary of State, an inspector may, notwithstanding the existence of any public footpath or other right of way, prohibit the entry of any person—
in a protection zone by causing a notice to that effect to be displayed at every entrance to that land or building.
(2) No person other than—
shall enter any land or building in respect of which a notice is displayed under paragraph (1)
(3) No person shall remove or alter a notice displayed under this article except at the direction of an inspector.
(4) Any prohibition on entry to land or buildings imposed under this article is revoked if the declaration creating the protection zone is amended in accordance with article 37 so that the protection zone becomes part of a surveillance zone.
(5) Any prohibition on entry to land or buildings imposed under this article may be revoked in whole or in part by—
Amendment and revocation of declarations creating protection zones and surveillance zones
37.
—(1) The Secretary of State may, where she 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 Secretary of State may, where she 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 article 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 article "preliminary cleansing and disinfection" means cleansing and disinfection undertaken in accordance with paragraphs 12 and 13 of Schedule 3, as required by article 28 or 29, and ending 24 hours after the application of disinfectant.
Declaration of a restricted zone
38.
—(1) The Secretary of State shall declare a restricted zone if the Chief Veterinary Officer advises her that in her opinion disease has become extensive in Great Britain and the declaration of such a zone would prevent its spread.
(2) The Secretary of State may, on confirmation by the Chief Veterinary Officer of disease on premises in Great Britain, declare an area to be a restricted zone.
(3) A restricted zone shall be of such size as the Secretary of State 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 possible time and probable location of the introduction of disease to Great Britain, 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—
Measures applicable in respect of a restricted zone
39.
—(1) The measures in Schedule 7 apply in respect of a restricted zone in addition to any requirement or restriction applying in any part of it because that part falls within a zone listed in article 38(8).
(2) The Secretary of State may declare that any other measure she considers fit so as to prevent the spread of disease applies 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 wild animals and declaration of a wild animal infected zone
40.
—(1) The Secretary of State shall, on confirmation of disease in a wild animal in England, declare an area to be a wild animal infected zone.
(2) The Secretary of State may, if she is satisfied that disease is present in a wild animal in Scotland or Wales, declare a wild animal infected zone.
(3) A wild animal infected zone shall be of such size as the Secretary of State 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) Any wild animal infected zone is an infected area for the purposes of the Act.
Measures applicable in a wild animal infected zone
41.
—(1) The measures in Schedule 8 apply in respect of a wild animal infected zone in addition to any requirement or restriction applying in any part of it because that part falls within—
(2) The Secretary of State may declare that any other measure she considers fit so as to prevent the spread of disease applies in respect of the whole or any part of any wild animal infected zone and any such measure shall then apply in respect of that wild animal infected zone or part of it.
(3) Where this paragraph applies, no person shall 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
43.
—(1) This article 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 Secretary of State shall take such steps as she considers necessary to prevent the spread of disease to premises to which this article applies.
(3) In taking such steps, the Secretary of State of State may—
Duty of the local authority to erect signs
44.
The local authority shall, as soon as is reasonably practicable after declaration of the zone, 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—
Cleansing and disinfection of vehicles transporting susceptible animals
45.
—(1) Subject to paragraph (3), where the cleansing and disinfection of any vehicle in accordance with this article is required, it shall be carried out in accordance with Schedule 2 to the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 2003[18] 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.
Cleansing and disinfection of vehicles: provision of facilities, equipment and materials
46.
Where cleansing and disinfection of vehicles is required at any premises by or under this Order, the occupier of those premises shall, at his own expense, provide adequate facilities and proper equipment and materials for that cleansing and disinfection.
Marks applied under this Order
47.
No person shall remove, obscure or erase a mark applied to any animal, carcase, animal product, vehicle or other thing under this Order without the written authority of an inspector.
Change of occupation of premises under restriction
48.
—(1) This article 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 this Order and continues to apply for seven days after the last restriction is removed.
(2) Where this article 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 the reasonable costs incurred by any person feeding or tending it under this article, or providing facilities for feeding, tending or otherwise using it under this article.
Reasonable assistance
49.
Any person required to give reasonable assistance or information to a person acting under this Order shall, unless he has reasonable cause, do so without delay.
False information
50.
No person shall furnish information which he knows to be false or misleading to a person acting under this Order.
Compliance with notices and directions
51.
—(1) Any notice served under this Order shall be complied with at the expense of the person on whom it is served, except where otherwise provided in that notice.
(2) Any direction given under this Order 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 Secretary of State.
Production of records
52.
—(1) Any person required to produce a record by a person acting under this Order shall do so without delay.
(2) On production, a person acting under this Order may—
(3) A person removing records under this article shall give a written receipt for them.
Retention of records
53.
Any person making a record required by this Order 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.
Designated areas and periods for the inspection of vehicles
54.
The following are designated for the purposes of section 65A of the Act (inspection of vehicles)—
General powers of veterinary inspectors to take action to prevent the spread of disease
55.
—(1) This article applies to—
(2) Where this article applies, a veterinary inspector may, if he considers it necessary to prevent the spread of disease, require—
(3) A notice under this article may contain such directions and conditions as the person serving it considers necessary to prevent the spread of disease.
Powers of inspectors in case of default
56.
—(1) Where a person fails to comply with a requirement imposed by or under this Order 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 imposed by or under this Order 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 paragraph (1) or (2) an inspector may seize and detain any animal moved, kept or otherwise dealt with in contravention of a restriction or requirement imposed by or under this Order.
(4) In taking steps under paragraph (2), an inspector may by notice served on any person direct that 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 Secretary of State or the local authority in taking such steps and any such debt is recoverable summarily.
Offences by bodies corporate
57.
—(1) If an offence against the Act committed by a body corporate is shown—
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
(3) "Officer", in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
Offences: no knowledge of restriction or requirement
58.
No person shall 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
59.
—(1) Subject to paragraphs (2) and (3), this Order shall be enforced by the local authority.
(2) This Order shall be enforced in relation to slaughterhouses by the Secretary of State.
(3) 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 Order shall be discharged by the Secretary of State and not by the local authority.
Amendment to the Disease Control (England) Order 2003
62.
In the Disease Control (England) Order 2003[23], for article 3 substitute—
Revocations
63.
The Orders listed in Schedule 9 are revoked to the extent specified in that Schedule.
Ben Bradshaw
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs
30th January 2006
(2) Records shall be kept in a form approved for the purpose by the Secretary of State.
(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.
(4) This paragraph does not apply to any person subject to paragraph 1 of Schedule 5.
Signs publicising infection or suspicion
2.
The occupier shall ensure that—
Isolation, removal and detention of susceptible animals
3.
—(1) The occupier shall ensure that susceptible animals are isolated from persons not attending them and from non-susceptible animals.
(2) On service of a notice by an inspector requiring it the occupier shall—
(3) No person shall move any animal isolated or detained under a notice served under sub-paragraph (2) except under the authority of a licence granted by an inspector.
Movement of susceptible animals
4.
—(1) Subject to the provisions of this paragraph no person shall move any susceptible animal from or to the premises.
(2) The prohibition in sub-paragraph (1) does not apply to susceptible animals leaving contact premises (other than contact premises in a temporary control zone)—
(3) No inspector shall 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 inspector with a negative result and the slaughterhouse is the nearest slaughterhouse to the premises with capacity to slaughter the animals.
(4) The person in charge of any 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 article 45.
(5) The prohibition in sub-paragraph (1) does not apply to animals entering or leaving free units (other than free units in a temporary control zone).
(6) The prohibition in sub-paragraph (1) does not apply to the movement of animals leaving infected premises for slaughter under the authority of a licence granted by the Secretary of State.
(7) 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 a veterinary inspector or by an inspector at the direction of a veterinary inspector.
Movement of things liable to spread disease
5.
—(1) Subject to the provisions of this paragraph, no person shall move from the premises any meat, carcase, meat product, milk, milk product, semen, ovum or embryo of a susceptible animal.
(2) Where the Secretary of State is satisfied that it is not reasonable to require milk to be kept on the premises, she 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 Secretary of State grants a licence under sub-paragraph (2)(b), she 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.
No person shall move from the premises any fodder, utensils, wool, hide or skin, bristles, animal waste, slurry, manure or any other thing liable to spread disease except under the authority of a licence granted by the Secretary of State.
Movement of persons on to or off the premises
7.
No person shall enter or leave the premises unless—
Cleansing and disinfection of clothing, etc
8.
—(1) No person shall enter or leave the premises—
(2) No person shall enter any part of the premises—
unless wearing clothing and footwear approved by an inspector.
(3) No person shall leave any such part of the premises without having cleansed 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.
No person shall move any vehicle on to or off the premises unless the movement is—
Movement of non-susceptible animals
11.
No person shall move from the premises any non-susceptible animal except under the authority of a licence granted by the Secretary of State.
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).
14.
Disinfectant shall not be removed for at least 24 hours after application.
20.
—(1) Unless otherwise directed by the Secretary of State 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 Secretary of State directs by notice served on the occupier having taken into account—
3.
During restocking, animals shall be introduced into all units and buildings of the premises.
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 Secretary of State 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 a veterinary inspector and samples tested for the presence of antibodies against the disease virus.
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 Secretary of State.
(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 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 surveillance zone shall keep it under control by—
(2) An inspector 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 section 149 of the Environmental Protection Act 1990[25].
(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), no person shall—
in a protection zone or surveillance zone except under the authority of 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 article—
Ultrasound scanning of sheep in a protection or surveillance zone
5.
—(1) Subject to sub-paragraph (2), no person shall carry out ultrasound scanning of sheep in a protection zone or surveillance zone except under the authority of 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) No person shall 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 of 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) No person shall 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 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) No person shall 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 Schedule 6.
Other animal products produced in a protection zone or a 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 susceptible animals, or from susceptible animals originating in a protection zone or surveillance zone.
(2) No person shall 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 Schedule 6;
(c) where it is referred to in one of paragraphs 5 to 9 of Schedule 6, it has been treated so that it falls within that paragraph;
(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—
(3) No inspector shall 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 in accordance with article 45.
(5) The prohibition in sub-paragraph (1) does not apply to the movement of animals leaving infected premises for slaughter under the authority of a licence granted under paragraph 4(6) of Schedule 1.
(6) 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 a veterinary inspector or by an inspector at the direction of a veterinary inspector.
Movement of non-susceptible animals from or to premises in a protection zone where susceptible animals are kept
11.
—(1) Subject to the provisions of this paragraph, no person shall move any 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 animals into or out of a protection zone
12.
—(1) Subject to the provisions of this paragraph, no person shall move any animal into or out of a protection zone.
(2) The prohibition in sub-paragraph (1) does not apply to—
(3) Any 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 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—
Movement of vehicles from premises in a protection zone where susceptible animals are kept
13.
No person shall move any vehicle designed or adapted for the transport of animals from premises in a protection zone where susceptible animals are kept except under the authority of a licence granted by an inspector.
Control of animal gatherings in a protection zone
14.
No person shall hold any animal gathering in a protection zone.
Control of gatherings of people in a protection zone
15.
—(1) No person shall hold or take part in the following activities in a protection zone—
(2) Subject to sub-paragraphs (3), (4) and (5), no person shall shoot game or other wildlife or deer in a protection zone.
(3) 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 game, other wildlife or deer found on that land.
(4) A person may shoot birds under the authority of a licence granted by the Secretary of State, and
(5) A person may cull deer under the authority of a licence granted by the Secretary of State.
(6) Where holding any recreational or sporting activity may, in the opinion of the Secretary of State, spread disease, she may prohibit it by serving a notice on the person responsible for the activity.
(7) 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
16.
—(1) No person shall carry out breeding of susceptible animals by means of itinerant service in a protection zone.
(2) No person shall carry out artificial insemination of animals 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
17.
No person shall slaughter a susceptible animal on premises in a protection zone for private consumption on those premises.
Transport of fodder in a protection zone
18.
No person shall transport fodder to premises in a protection zone where susceptible animals are kept except under the authority of a licence granted by an inspector.
Sale of fodder originating in a protection zone
19.
No person shall 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 susceptible animals are not kept using raw materials also produced on such premises or raw materials produced outside the protection zone;
(d) it is straw or forage falling within paragraph 10 of Schedule 6.
Transport, treatment and spreading of dung and manure produced in a protection zone
20.
—(1) This paragraph applies to dung or manure—
(2) No person shall transport dung or manure to which this paragraph applies unless such transport complies with sub-paragraph (3) or (5), and with sub-paragraph (6).
(3) Transport of dung or manure complies with this sub-paragraph where it is to an establishment for treatment to destroy the disease virus and under the authority of a licence granted by an inspector.
(4) The occupier of premises to which dung or 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 Chapter III of Annex VIII to Regulation (EC) No. 1774/2002, as amended[26].
(5) Transport of dung or manure for spreading complies with this sub-paragraph if it satisfies the following requirements—
(6) Transport of dung or manure complies with this sub-paragraph if it is carried out in vehicles which are—
(7) After transporting dung or manure under this paragraph, the person in charge of the vehicle shall ensure it is cleansed and disinfected after unloading or spreading and before leaving the premises of destination.
(8) The 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) No person shall spread dung or manure to which this paragraph applies unless such spreading is authorised by a licence granted by an inspector and the dung or manure—
(10) Any licence granted under sub-paragraph (9) shall contain at least the following terms—
Fresh meat etc. derived from susceptible animals originating in a protection zone
21.
—(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) No person shall sell or consign for sale meat to which this paragraph applies or move such meat out of a protection zone unless—
Fresh meat etc. produced on premises in a protection zone
22.
—(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) No person shall 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 susceptible animals originating in a protection zone
23.
—(1) This paragraph applies to meat products produced from meat derived from susceptible animals originating in a protection zone.
(2) No person shall 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
24.
—(1) No person shall 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) No person shall 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
25.
—(1) No person shall collect and transport milk produced on premises in a protection zone where susceptible animals are 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 susceptible animals are 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) No person shall process milk transported to a laboratory under this paragraph except under the authority of a licence granted by an inspector.
(3) No inspector shall 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 susceptible animals for slaughter under the terms of a licence granted by an inspector—
(5) No inspector shall grant a licence under sub-paragraph (4) unless he is satisfied that—
(6) No inspector shall 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 a 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 with article 45.
(9) The prohibition in sub-paragraph (1) does not apply to the leading of susceptible animals to pasture in that surveillance zone under the authority of a licence granted by an inspector.
(10) No inspector shall 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 a veterinary inspector or by an inspector at the direction of a veterinary inspector.
Control of animal gatherings and gatherings of people in a surveillance zone
27.
—(1) No person shall—
except under the authority of a licence granted by the Secretary of State.
(2) No person shall hold or take part in the following activities in a surveillance zone—
except under the authority of a licence granted by the Secretary of State.
(3) Subject to sub-paragraph (4), no person shall shoot deer except under the authority of a licence granted by the Secretary of State.
(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 susceptible animals originating in a surveillance zone
28.
—(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from susceptible animals originating in a surveillance zone.
(2) No person shall 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 11 of Schedule 6 and from a carcase which has been matured so that it falls within paragraph 12 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
29.
—(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) No person shall 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
30.
—(1) This paragraph applies to meat products—
(2) No person shall 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, mechanically separated meat or a meat preparation which was—
(4) Meat products comply with this sub-paragraph if they are produced in an establishment which—
Milk and milk products produced from susceptible animals originating in a surveillance zone or on premises in a surveillance zone
31.
—(1) No person shall 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) No person shall 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
32.
—(1) No person shall collect and transport raw milk produced on premises in a surveillance zone where susceptible animals are 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 susceptible animals are 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) No person shall process milk transported under this paragraph except under the authority of a licence granted by an inspector.
Transport, treatment and spreading of dung and manure produced in a surveillance zone
33.
—(1) This paragraph applies to dung or manure—
(2) No person shall transport dung or manure to which this paragraph applies unless such transport complies with sub-paragraph (3), (5) or (7), and with sub-paragraph (10).
(3) Transport of dung or manure complies with this sub-paragraph where it is to an establishment for treatment to destroy the disease virus and under the authority of a licence granted by the Secretary of State.
(4) The occupier of any premises to which dung or 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 Chapter III of Annex VIII to Regulation (EC) No 1774/2002, as amended[29].
(5) Transport of dung or manure complies with this sub-paragraph if—
(6) No person shall spread dung or manure to which this paragraph applies unless such spreading is authorised by a licence granted by an inspector and the dung or manure—
(7) Transport of dung or manure complies with this sub-paragraph if—
(8) No person shall spread dung or manure 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 or manure 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 or manure 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 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 of article 20 of and point A(1) of Chapter 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 susceptible animals fall within this paragraph if they are used for technical purposes (including pharmaceuticals, in vitro diagnostics and laboratory reagents) and have undergone any of the treatments referred to in point B(3)(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) 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 protection zone has been amended in accordance with article 37 so that the protection zone becomes part of a surveillance zone).
(2) Milk products for human consumption fall within this paragraph if they are produced from milk which has undergone one of the treatments in sub-paragraph (1).
Milk and milk products not intended for human consumption
14.
—(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;
(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 an inspector.
(2) The person in charge of any vehicle used to move susceptible animals under such a licence shall ensure that it is cleansed and disinfected in accordance with article 45.
(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 susceptible animals in a restricted zone
2.
Where a susceptible animal is moved to a slaughterhouse in 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) No person shall 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) Any person transporting any thing under the authority of a licence granted under sub-paragraph (1)(b) shall—
(3) The occupier of 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) No person shall 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 BSE or scrapie intended 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 susceptible animals 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-paragraph (5), no person shall—
except under the authority of a licence granted by the Secretary of State.
(2) Subject to sub-paragraph (5), no person shall hold or take part in the following activities in a restricted zone—
except under the authority of a licence granted by the Secretary of State.
(3) Subject to sub-paragraphs (4) and (5), no person shall shoot deer except under the authority of a licence granted by the Secretary of State.
(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.
(5) 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-paragraphs (2) and (4), no person shall—
in a restricted zone except under the authority of 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 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-paragraphs (2) and (3), no person shall 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) 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.
(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 any susceptible animal, fodder, used litter or other thing liable to spread disease is moved there again.
Movement of susceptible animals in a wild animal infected zone
4.
No person shall move any susceptible animal from or to premises in a wild animal infected zone except under the authority of a licence granted by the Secretary of State.
Cleansing and disinfection in a wild animal infected zone
5.
—(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 susceptible animals are kept in accordance with the directions of an inspector.
(2) Any person coming into contact with a wild susceptible animal shall cleanse himself and launder his clothing as soon as reasonably practicable after such contact.
Carcases and things which may be contaminated in a wild animal infected zone
6.
No person shall bring the following on to premises in a wild animal infected zone where susceptible animals are kept—
Movement of semen, ova and embryos out of a wild animal infected zone for trade
7.
No person shall 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.
Orders revoked | References | Extent of revocation |
The Foot-and-Mouth Disease Order 1983 | S.I. 1983/1950 | The Order insofar as it applies in England. |
The Foot-and-Mouth Disease Order (Amendment) (No.2) Order 1993 | S.I. 1993/3119 | The Order insofar as it applies in England. |
The Foot-and-Mouth Disease (Amendment) (England) Order 2001 | S.I. 2001/571 | The whole Order |
The Foot-and-Mouth Disease (Amendment) (England) (No.2) Order 2001 | S.I. 2001/680 | The whole Order |
The Foot-and-Mouth Disease (Amendment) (England) (No.3) Order 2001 | S.I. 2001/974 | The whole Order |
The Foot-and-Mouth Disease (Amendment) (England) (No.4) Order 2001 | S.I. 2001/1078 | The whole Order |
The Foot-and-Mouth Disease (Amendment) (England) (No.4) (Amendment) Order 2001 | S.I. 2001/1241 | The whole Order |
The Foot-and-Mouth Disease (Amendment) (England) (No.5) Order 2001 | S.I. 2001/1407 | The whole Order |
The Foot-and-Mouth Disease (Amendment) (England) (No.6) Order 2001 | S.I. 2001/1514 | The whole Order |
The Foot-and-Mouth Disease (Amendment) (England) (No.7) Order 2001 | S.I. 2001/1862 | The whole Order |
The Foot-and-Mouth Disease (Amendment) (England) (No.8) Order 2001 | S.I. 2001/2238 | The whole Order |
The Foot-and-Mouth Disease (Amendment) (England) (No.9) Order 2001 | S.I. 2001/2735 | The whole Order |
The Foot-and-Mouth Disease (Amendment) (England) (No.10) Order 2001 | S.I. 2001/2814 | The whole Order |
The Foot-and-Mouth Disease (Amendment) (England) (No.11) Order 2001 | S.I. 2001/2994 | The whole Order |
The Foot-and-Mouth Disease (Amendment) (England) (No.12) Order 2001 | S.I. 2001/3140 | The whole Order |
The Foot-and-Mouth Disease (Amendment) (England) (No.13) Order 2001 | S.I. 2001/3722 | The whole Order |
The Foot-and-Mouth Disease (Amendment) (England) (No.14) Order 2001 | S.I. 2001/4029 | The whole Order |
[2] Functions conferred under the 1981 Act on "the Ministers" (as defined in section 86 of that Act) are now exercisable by the Secretary of State. They were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, 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 further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back
[4] OJ No. L306, 22.11.2003, p1.back
[5] OJ No. L139, 30.4.2004, p206. The revised text of the Regulation is contained in a corrigendum (OJ No. L226, 25.6.2004, p83).back
[6] OJ No. L139, 30.4.2004, p55. The revised text of the Regulation is contained in a corrigendum (OJ No. L226, 25.6.2004, p22).back
[7] OJ No. L165, 30.4.2004, p1. The revised text of the Regulation is contained in a corrigendum (OJ No. L191, 28.5.2004, p1).back
[8] S.I. 1995/539, revoked in England by S.I. 2005/2059, in Scotland by S.S.I. 2005/505 and in Wales by S.I. 2005/3292.back
[9] S.I.. 1995/540, revoked in England by S.I. 2005/2059, in Scotland by S.S.I. 2005/505 and in Wales by S.I. 2005/3292.back
[11] S.I. 1978/32, amended by this Order; there are other amending instruments but none is relevant.back
[14] OJ No. L273, 10.10.2002, p1 as last amended by Commission Regulation (EC) No. 668/2004 (OJ N. L112, 19.4.2004, p1).back
[15] S.S.I. 2000/216, to which there are amendments not relevant to this Order.back
[16] S.I. 2005/1158 (W.75).back
[19] S.I. 1978/32, to which there are amendments not relevant to this Order.back
[26] OJ No. L273, 10.10.2002, p1 as last amended by Commission Regulation (EC) No. 668/2004 (OJ N. L112, 19.4.2004, p1).back
[29] OJ No. L273, 10.10.2002, p1 as last amended by Commission Regulation (EC) No. 668/2004 (OJ No. L112, 19.4.2004, p1).back