BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Instruments made by the National Assembly for Wales


You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Poultry Breeding Flocks and Hatcheries (Wales) Order 2007 No. 1708 (W.147)
URL: http://www.bailii.org/wales/legis/num_reg/2007/20071708e.html

[New search] [Help]



WELSH STATUTORY INSTRUMENTS


2007 No. 1708 (W.147)

ANIMALS, WALES

ANIMAL HEALTH

The Poultry Breeding Flocks and Hatcheries (Wales) Order 2007

  Made 13 June 2007 
  Coming into force 30 June 2007 


CONTENTS


PART 1

Introduction
1. Title, commencement and application
2. Interpretation
3. Competent authority

PART 2

Notification of hatcheries and breeding flocks
4. Notification of hatcheries
5. Notification of breeding flocks

PART 3

Control of salmonella in Gallus gallus

CHAPTER 1

Duties of an occupier
6. Application of Chapter 1
7. Notification of arrival of breeding flocks
8. Notification of movement to laying phase etc.
9. Sampling of breeding flocks
10. Submission of samples to an approved laboratory
11. Records of samples
12. Records of movements

CHAPTER 2

Duties of approved laboratories
13. Duties of an approved laboratory

CHAPTER 3

Use of antimicrobials and vaccines
14. Prohibition on the use of antimicrobials
15. Prohibition on the use of vaccines

PART 4

Miscellaneous
16. Hatchery records
17. Production of records
18. Tampering with samples
19. Powers of Welsh Ministers in cases of default
20. Enforcement
21. Revocation

  SCHEDULE 1 — Hatchery and breeding flock information

  SCHEDULE 2 — Sampling of breeding flocks

  SCHEDULE 3 — Record-keeping requirements

  SCHEDULE 4 — Preparation of chick box liners

The Welsh Ministers, in exercise of the powers conferred by sections 1 and 8 of the Animal Health Act 1981[
1] and now vested in them, make the following Order:



PART 1

Introduction

Title, commencement and application
     1. —(1) The title of this Order is the Poultry Breeding Flocks and Hatcheries (Wales) Order 2007.

    (2) This Order comes into force on 30 June 2007.

    (3) This Order applies in relation to Wales.

Interpretation
    
2. —(1) In this Order—

    (2) Any reference to a Community instrument is a reference to that instrument as amended from time to time.

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



PART 2

Notification of hatcheries and breeding flocks

Notification of hatcheries
     4. —(1) The occupier of a poultry hatchery with a total incubator capacity of 1000 eggs or more must notify the Welsh Ministers of the information in Schedule 1, paragraph 1—

    (2) The occupier must notify the Welsh Ministers of any change or addition to that information within three months of the change or addition.

    (3) This article does not apply to any occupier who has notified the Welsh Ministers of that information under any other enactment.

Notification of breeding flocks
    
5. —(1) The occupier of a holding on which one or more breeding flocks of at least 250 poultry of any single species are kept must notify the Welsh Ministers of the information in Schedule 1, paragraph 2—

    (2) The occupier must notify the Welsh Ministers of any change or addition to that information within three months of the change or addition.

    (3) This article does not apply to any occupier who has notified the Welsh Ministers of that information under any other enactment.



PART 3

Control of salmonella in Gallus gallus



CHAPTER 1

Duties of an occupier

Application of Chapter 1
    
6. This Chapter applies in relation to any holding on which one or more breeding flocks of at least 250 domestic fowl of the species Gallus gallus are kept, and any reference in this Chapter to an occupier is a reference to an occupier of such a holding.

Notification of arrival of breeding flocks
    
7. —(1) The occupier must notify the Welsh Ministers of the expected date of arrival at the holding of every breeding flock of at least 250 domestic fowl of the species Gallus gallus.

    (2) The notification must be made at least two weeks before the expected date of arrival.

Notification of movement to laying phase etc.
    
8. —(1) The occupier must notify the Welsh Ministers of the date that he or she expects each breeding flock on the holding to—

    (2) The notification must be made at least two weeks before the breeding flock is expected to move to the laying phase or laying unit.

Sampling of breeding flocks
    
9. —(1) The occupier must take samples from each breeding flock on the holding at the following times—

    (2) Sampling under paragraph (1)(a) to (c) must be done in accordance with Schedule 2 to this Order and sampling under paragraph (1)(d) must be done in accordance with point 2.2.2.1 of the Annex to the Commission Regulation (routine sampling at the initiative of the operator).

Submission of samples to an approved laboratory
    
10. —(1) The occupier must dispatch the samples taken under article 9 to an approved laboratory for the purposes of testing for the presence of salmonella.

    (2) He or she must dispatch the samples within—

    (3) He or she must ensure that the samples are identified prior to dispatch so as to enable the approved laboratory to determine—

Records of samples
    
11. —(1) The occupier must—

    (2) He or she must keep the record in paragraph (1)(a) for two years from the date the sample was taken.

Records of movements
    
12. —(1) The occupier must keep a record of the information in Schedule 3, paragraph 2, in respect of the movement to and from the holding of any domestic fowl of the species Gallus gallus or their chicks or eggs.

    (2) He or she must keep the record for two years from the date of the movement.



CHAPTER 2

Duties of approved laboratories

Duties of an approved laboratory
    
13. —(1) The person in charge of an approved laboratory must ensure that the examination of samples submitted to it under article 10 begins within 48 hours of receipt of those samples.

    (2) He or she must ensure that—



CHAPTER 3

Use of antimicrobials and vaccines

Prohibition on the use of antimicrobials
    
14. No person may administer any antimicrobial to any bird in a breeding flock of domestic fowl of the species Gallus gallus as a specific method to control salmonella in breach of Article 2 of Commission Regulation 1177/2006 (use of antimicrobials).

Prohibition on the use of vaccines
    
15. No person may administer any live salmonella vaccine to any bird in a breeding flock of domestic fowl of the species Gallus gallus in breach of Article 3(1) of Commission Regulation 1177/2006 (use of vaccines).



PART 4

Miscellaneous

Hatchery records
    
16. —(1) The occupier of a hatchery with a total incubator capacity of 1000 eggs or more and containing domestic fowl of the species Gallus gallus or their eggs must keep a record of—

    (2) He or she must keep the record for two years from the date of the movement.

Production of records
    
17. Any person required to keep a record under this Order must produce it to an inspector or officer of the Welsh Ministers on demand at any reasonable time and allow a copy of it to be made or an extract from it to be taken.

Tampering with samples
    
18. A person must not tamper with a sample or do anything to it that is likely to affect the result of any test required to be carried out under this Order, except as provided for in this Order.

Powers of Welsh Ministers in cases of default
    
19. If any person fails to take any action under this Order, an inspector may take, or cause to be taken, such action and his or her expenses reasonably incurred are recoverable by the Welsh Ministers from the person in default.

Enforcement
    
20. —(1) This Order is to be enforced by the local authority.

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

Revocation
    
21. The Poultry Breeding Flocks and Hatcheries Order 1993[4] is revoked in relation to Wales.


Jane Davidson
Minister for Sustainability and Rural Development one of the Welsh Ministers.

13 June 2007



SCHEDULE 1
Articles 4 and 5


Hatchery and breeding flock information


Information in relation to hatcheries
     1. The information to be notified is—

Information in relation to breeding flocks
     2. The information to be notified is—



SCHEDULE 2
Article 9(2)


Sampling of breeding flocks


Sampling of chicks
     1. —(1) The following samples are to be taken when the birds are chicks—

    (2) In this paragraph, "chick box liner" ("leinin blychau cywion") means any material used to line a box or other container in which chicks are transported from the hatchery to the holding.

Sampling of four-week-old birds etc.
     2. —(1) The following samples are to be taken from each flock of four-week-old birds and each flock two weeks before it comes into lay or moves to the laying phase or laying unit—

    (2) In this paragraph, "a composite faeces sample" ("sampl gyfansawdd o ysgarthion") means a sample of faeces consisting of a number of individual samples calculated in accordance with the following Table, each of which weighs not less than 1 gram and is taken from a site selected at random to represent the building or group of buildings on the holding from which it is taken.

Table
The number of sites from which separate faeces samples are to be taken in order to make a composite sample are as follows—

Number of birds kept in a building Number of faeces samples to be taken in the building
1—24 Number equal to the number of birds, up to a maximum of 20
25—29 20
30—39 25
40—49 30
50—59 35
60—89 40
90—199 50
200—499 55
500 or more 60



SCHEDULE 3
Articles 11, 12 and 16


Record-keeping requirements


Samples
     1. The information to be recorded is—

Movements of domestic fowl of the species Gallus gallus to and from holdings
     2. The information to be recorded is—

Movements of eggs to and from a hatchery
     3. The information to be recorded is—

Movements of chicks from a hatchery
     4. The information to be recorded is—



SCHEDULE 4
Article 13(2)(a)(i)


Preparation of chick box liners


Preparation of the samples
Chick box liners must be prepared as follows—



EXPLANATORY NOTE

(This note is not part of the Order)


This Order revokes and remakes the Poultry Breeding Flocks and Hatcheries Order 1993 (S.I. 1993/1898).

Article 4 requires the occupier of a poultry hatchery with a total incubator capacity of 1000 eggs or more to notify the Welsh Ministers. Article 5 requires the occupier of a holding on which breeding flocks of 250 poultry or more are kept to notify the Welsh Ministers.

The Order implements the national control programme for domestic fowl of the species Gallus gallus—

The national control programme is available from the Welsh Assembly Government, Office of the Chief Veterinary Officer, Cathays Park, Cardiff, CF10 3NQ.

The Order enforces Commission Regulation (EC) No. 1003/2005 implementing Regulation (EC) No. 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No. 2160/2003 (OJ No. L 170, 1.7. 2005, p.12).

Articles 6 to 12 apply to the occupier of a holding on which breeding flocks of domestic fowl of the species Gallus gallus are kept. Article 7 requires the occupier to notify the Welsh Ministers of the arrival of breeding flocks at the holding and article 8 requires him or her to notify when those flocks will move to the laying phase or laying unit and reach the end of the production cycle. Article 9 requires him or her to take samples from those flocks and article 10 requires him or her to submit those samples to an approved laboratory for testing for salmonella. Articles 11 and 12 impose record-keeping requirements on the occupier.

Article 13 sets out the duties of an approved laboratory to prepare and test the samples and report the results of tests to the occupier.

Article 14 prohibits the administering of any antimicrobial to domestic fowl of the species Gallus Gallus, other than in accordance with Article 2 of Commission Regulation (EC) No. 1177/2006 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control measures in the framework of the national programmes for the control of salmonella in poultry (OJ No. L 212, 2.8.2006, p.3). Article 15 prohibits the administering of any live salmonella vaccine to such species, other than in accordance with Article 3(1) of that Regulation.

Article 16 imposes record-keeping requirements on the occupier of a poultry hatchery.

The Order is to be enforced by the local authority. Breach of the Order is an offence under section 73 of the Animal Health Act 1981 (c.22), punishable in accordance with section 75 of that Act.

A regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the above address and is annexed to the Explanatory Memorandum which is available alongside the instrument on the Office of Public Sector Information website.


Notes:

[1] 1981 c.22. Functions conferred under the 1981 Act were transferred to the National Assembly of Wales by virtue of S.I. 1999/672 and S.I. 2004/3044 and are exercisable by the Welsh Ministers, by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006.back

[2] OJ No. L 170, 1.7.2005, p.12. This Regulation extends to the EEA through Decision of the EEA Joint Committee No. 101/2006 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement (OJ No. L 333, 30.11.2006, p.6).back

[3] OJ No. L 212, 2.8.2006, p.3.back

[4] S.I. 1993/1898.back



Cymraeg (Welsh)



ISBN 978 0 11 091588 3


 © Crown copyright 2007

Prepared 4 July 2007


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/wales/legis/num_reg/2007/20071708e.html