Welsh Statutory Instrument 2003 No. 3273
(W.323)
The African Swine Fever (Wales) Order
2003
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STATUTORY INSTRUMENTS
2003 No. 3273 (W.323)
ANIMALS, WALES
ANIMAL HEALTH
The African Swine Fever (Wales) Order
2003
|
Made |
13th December 2003 |
|
|
Coming into force |
15th December 2003 |
|
ARRANGEMENT OF ARTICLES
SCHEDULES
The National Assembly for Wales
and the Secretary of State, in exercise of the powers conferred on
them by sections 1, 7(1), 8(1), 15(4), 17(1), 23, 25, 28, 35, 38 and
83(2) of the Animal Health Act 1981[1]
make the following Order:
Title, commencement and
application
1.
- (1) This Order is called the African Swine Fever (Wales)
Order 2003 and comes into force on 15th December
2003.
(2) This Order applies in
relation to
Wales.
Interpretation
2. - (1) In this Order -
"carcase" ("carcas") means a pig carcase and includes
part of a carcase;
"the Chief Veterinary Officer" ("y Prif Swyddog
Milfeddygol") means the Chief Veterinary Officer for Great
Britain;
"the disease" ("y clefyd") means African swine fever;
"Divisional Veterinary Manager" ("Rheolwr Milfeddygol
Rhanbarthol") means the person appointed for the time being by
the Secretary of State to receive information about infected or
suspected animals or carcases for the area in which such animals or
carcases are located;
"feral pig" ("mochyn fferal") means a pig which is not
kept or bred on a holding and is not in a slaughterhouse, knacker's
yard or on a means of transport;
"holding" ("daliad") means any place where any pig is
bred or kept on a permanent or temporary basis or has been kept at
any time during the previous 56 days but does not include a
slaughterhouse, knacker's yard or means of transport or fenced area
where feral pigs are kept and may be hunted;
"infected holding" ("daliad heintiedig") means a holding
where the Chief Veterinary Officer has confirmed that the disease is
present;
"knacker's yard" ("abwyfa") means any premises used in
connection with the business of slaughtering, flaying or cutting up
animals whose flesh is not intended for human consumption;
"the National Assembly" ("y Cynulliad Cenedlaethol")
means the National Assembly for Wales;
"pig" ("mochyn") means an animal of the suidae
family;
"slaughterhouse" ("lladd-dy") means any building,
premises or place (other than a farmed game handling facility) for
slaughtering animals the flesh of which is intended for sale for
human consumption, and includes any place available in connection
therewith for the confinement of animals while awaiting slaughter
there;
"suspected holding" ("daliad a amheuir") means a holding
in relation to which a notice under article 5 has been served;
"vector" ("fector") means a tick of the species
Ornithodorus erraticus, or any other tick of the genus
Ornithodorus which, in the opinion of the Chief Veterinary
Officer, is capable of transmitting African swine fever;
"the virus" ("y feirws") means the African swine fever
virus.
(2) For the purposes of this
Order -
(i) a pig or pig carcase is suspected of being infected with
the disease if it has clinical signs or post-mortem lesions
consistent with the effects of the virus or if the results of a
diagnostic test indicate the possible presence of the virus in
that animal or carcase;
(ii) a pig or pig carcase is
infected with the disease if the Chief Veterinary Officer
determines that it is infected on the basis of clinical signs,
post-mortem lesions or the result of a diagnostic test and any
epidemiological circumstances;
Exemptions
3.
This Order does not apply in respect of the presence of the virus in
circumstances when a licence has been issued under article 4 of the
Specified Animal Pathogens Order 1998[2].
Notification
of the disease
4.
- (1) Any person who suspects the disease in any pig or
carcase which is -
(a) in his or her possession; or
(b) under his or her
charge; or
(c) being examined or inspected by him or
her,
must immediately notify the Divisional Veterinary
Manager.
(2) Any person who analyses
samples taken from any animal or carcase and who finds evidence of
antibodies or antigens to the disease or to any vaccine for the
disease must immediately notify the Divisional Veterinary
Manager.
(3) No person may move any pig
or carcase suspected of being infected with the disease, nor any meat,
pig product, semen, ovum or embryo of pigs, animal feeding stuff,
manure or slurry or any other utensils, material or waste likely to
transmit the disease, from the holding or other place on which it is
found, unless that holding or other place has been visited by a
veterinary inspector and the veterinary inspector has either imposed
restrictions under article 5 or notified that person that he or she
does not consider it necessary to do so.
Measures while
suspicion of the disease is being
investigated
5.
- (1) A veterinary inspector who suspects that the disease
may exist or may within the previous 56 days have existed on any
holding, slaughterhouse, knacker's yard, any other place or a means of
transport, whether or not notification has been given under article 4,
must -
(2) When a notice is served under paragraph
(1), the occupier must
(a) prepare under the direction of a veterinary inspector a
record by category of -
(i) the number of pigs;
(ii) the number of live pigs
which appear to be free of disease;
(iii) the number of
live pigs which appear to have the disease;
(iv) the number
of pigs which have died in the 56 days prior to the date of the
notice;
(b) ensure that the record is kept up to date to take account of
pigs that are born or die during the period that restrictions and
requirements under this paragraph and paragraph (3) are in force and
to record the number of pigs which fall sick having been previously
apparently free of disease;
(c) produce the record to an
inspector on request;
(d) ensure that all pigs on the
premises are kept in their living quarters or some other place
specified in the notice;
(e) ensure that, in accordance with
any instructions given by a veterinary inspector, appropriate means
of disinfection are placed at the entrances and exits of those parts
of the premises in which pigs are being kept and of the premises
themselves.
(3) When a notice has been served under
paragraph (1), no person may -
(a) move any pigs onto or off the premises except in accordance
with a licence issued by a veterinary inspector and the occupier
must ensure that pigs are unable to stray from or on to the
premises;
(b) move any meat, pig carcase, pig product, semen,
ovum or embryo of pigs, or any animal feed, utensil, material or
waste or other thing likely to transmit the disease from the
premises, except in accordance with a licence issued by an
inspector;
(c) come on to or off the premises except in
accordance with a licence issued by a veterinary
inspector;
(d) move any vehicle on to or off the holding
except in accordance with a licence issued by a veterinary
inspector.
(4) When a veterinary inspector has grounds
for suspecting the presence of vectors on particular premises in
consequence of their location, geographical situation or contacts with
premises where the disease is known or suspected to exist (in Wales or
elsewhere), that veterinary inspector, or an inspector acting under
his or her direction, may serve a notice on the occupier of the
particular premises, and thereupon a veterinary inspector, an
inspector acting in accordance with a vetereinary inspector's
direction or an officer of the National Assembly or of the Secretary
of State may enter the particular premises.
Further measures
when a notice has been served under article
5
6. When a notice
has been served under article 5, a veterinary inspector may, by
further notice served on the occupier of the holding, slaughterhouse,
knacker's yard or any other place or on the person appearing to him or
her to be in charge of the means of transport -
(a) prohibit the movement of any other species of animal on to
or off the premises;
(b) require the occupier to take all
reasonable measures to destroy rodents and insects on the
premises;
(c) require the occupier or the person appearing to
be in charge of the means of transport to cleanse and disinfect the
premises or the means of transport at his or her own expense or at
the expense of the Secretary of State in such a manner as may be
specified in the notice, and within such time as may be so
specified; and
(d) in the case of a means of transport,
require it to be -
(i) taken to a destination specified in the
notice;
(ii) unloaded, cleansed and disinfected, and, if
necessary, subjected to an acaricide as specified in the notice;
and
(iii) if so specified, unloaded, cleansed and
disinfected and subjected to the acaricide under the supervision
of a veterinary inspector.
Measures when the disease is confirmed on a
holding
7.
- (1) When the Chief Veterinary Officer has confirmed that
the disease is present on a holding, a veterinary inspector must serve
a notice under this article on the occupier of that holding requiring
him or her to ensure that the restrictions and requirements contained
in article 5 are complied with unless a notice under article 5 has
already been served in which case the restrictions and requirements
contained in it will remain in force until they are either varied or
removed by a veterinary inspector.
(2)
On and after such confirmation a veterinary inspector may also by
notice require the implementation of such of the measures as are set
out in article 6 as he or she thinks fit.
Measures when the
disease is confirmed in a slaughterhouse, knacker's yard or on a means
of transport
8. When
the Chief Veterinary Officer has confirmed that the disease is present
in a slaughterhouse, knacker's yard or on a means of transport, a
veterinary inspector may serve a notice on the occupier of the
slaughterhouse, knacker's yard or person in charge of the means of
transport requiring him or her to ensure that -
(a) in the case of a slaughterhouse or knacker's yard, all
buildings, equipment and vehicles specified in the notice, are
cleansed and disinfected and, if necessary, subjected to an
acaricide in accordance with the instructions, and under the
supervision, of a veterinary inspector;
(b) in the case of a
means of transport, it is taken to a destination, unloaded, cleansed
and disinfected and, if necessary, subjected to an acaricide in
accordance with the instructions, and under the supervision, of a
veterinary inspector;
(c) no pigs are reintroduced to the
slaughterhouse, knacker's yard or means of transport until at least
24 hours after completion of the cleansing and disinfection
operations and, when necessary, the application of an acaricide,
carried out in accordance with sub-paragraph (a) and (b)
above.
Measures that apply in respect of holdings from or to which the
disease may have been transmitted
9. - (1) When, following an investigation
into the epidemiology of the disease on a holding, a veterinary
inspector considers that the disease on an infected or suspected
holding may, for any reason, have been transmitted from or to other
premises, he or she may serve a notice under article 5 on the occupier
of those premises.
(2) Where disease
has been found in animals in a slaughterhouse, knacker's yard or on a
means of transport, a veterinary inspector may serve a notice under
article 5 on the occupier of any premises from which the infected
animals or carcases in that slaughterhouse, knacker's yard or means of
transport, have come directly or indirectly within the previous 56
days or, in the case of a means of transport, any premises to which
the means of transport has since travelled.
Temporary
Control Zone
10.
- (1) Following the service of a notice under article 5,
the National Assembly may, by declaratory Order, establish a zone to
be known as a "temporary control
zone".
(2) When a temporary control
zone has been established in England which touches the border with
Wales the National Assembly may, as it considers necessary, establish
such an associated temporary control zone in
Wales.
(3) The location and size of the
temporary control zone shall be such as the National Assembly
considers necessary to prevent the spread of
disease.
(4) Where a temporary control
zone has been established, no person may -
(a) move any pig off a holding, slaughterhouse or knacker's yard
in the zone except in accordance with a licence issued by a
veterinary inspector or an inspector acting in accordance with the
directions of a veterinary inspector;
(b) move any cattle,
sheep, goat, or other ruminating animal off any holding,
slaughterhouse or knacker's yard in the zone which has pigs in it
except in accordance with a licence issued by a veterinary inspector
or an inspector acting in accordance with the directions of a
veterinary inspector; or
(c) move any pig out of the
zone.
(5) The restriction in paragraph (4)(c)
does not apply to pigs which are loaded onto a vehicle outside the
zone and transported through it without the vehicle being loaded or
unloaded inside the zone.
(6) Any
holding, slaughterhouse or knacker's yard which is partly inside and
partly outside a temporary control zone is to be deemed to be wholly
inside that zone.
Protection and surveillance
zones
11.
- (1) Upon confirmation of disease by the Chief Veterinary
Officer, the National Assembly must by declaratory order, establish an
infected area comprising a zone to be known as a "protection zone" and
a zone to be known as a "surveillance
zone";
(2) The protection zone is to
cover an area with a radius of at least three kilometres contained in
a surveillance zone covering an area with a radius of at least ten
kilometres, the centre point of each being the holding, slaughterhouse
or knacker's yard where disease has been
confirmed.
(3) Part I of Schedule 1
applies in a protection zone and Part II of Schedule 1 applies in a
surveillance zone.
(4) Upon
confirmation of the disease on a holding, slaughterhouse or knacker's
yard in England, which is within 10 kilometres of the border with
Wales, the National Assembly must, by declaratory Order, establish an
infected area in Wales so that there is a protection zone with a
radius of at least three kilometres contained in a surveillance zone
of at least 10 kilometres, the centre point of each being the holding
in England where the disease was
confirmed;
(5) The National Assembly
may take such steps as it considers necessary to ensure that all
persons in an infected area are made fully aware of the restrictions
in force, including exhibiting notices or signs on property situated
within the infected area.
(6) Any
holding slaughterhouse or knacker's yard which is partly inside and
partly outside a surveillance or protection zone is deemed to be
wholly inside that zone.
Cleansing and
disinfection
12.
- (1) Disinfection under this Order must be carried out
with a disinfectant approved for the purpose under the Diseases of
Animals (Approved Disinfectants) Order 1978[3].
(2)
Acaricides used pursuant to this Order must be registered under the
Control of Pesticides Regulations 1986[4]
or authorised under the Biocidal Products Regulations 2001[5].
(3)
Cleansing and disinfection operations and, when appropriate, the
application of an acaricide on premises must be carried out under the
supervision of a veterinary inspector or an inspector in accordance
with the directions of a veterinary inspector.
Feral pig
investigation zone
13. - (1) When, the National Assembly has
reason to suspect that the disease exists in feral pigs in Wales or
when a feral pig investigation zone has been established in England
which touches the border with Wales, the National Assembly must, by
declaratory Order, establish a feral pig investigation zone within
Wales to which the provisions of paragraph (3)
apply.
(2) The feral pig investigation
zone is to cover such area as the National Assembly considers
necessary to enable it to carry out an investigation to confirm or
rule out the presence of the
disease.
(3) Any person who shoots, or
finds the carcase of, a feral pig in the feral pig investigation zone,
must inform the Divisional Veterinary Manager. If that person has shot
the pig he or she must keep the carcase for 24 hours and make it
available to the Divisional Veterinary Manager for any sampling or
testing which the Divisional Veterinary Manager may consider
appropriate.
Measures when the disease is confirmed in a
feral pig
14.
- (1) When the presence of the disease is confirmed in a
feral pig in Wales, or an infected area is declared in England which
touches the border with Wales, the National Assembly must by
declaratory order, establish an infected area within Wales of
sufficient size to cover the area where the disease is suspected to be
present.
(2) The declaratory order in
paragraph (1) may impose any or all of the restrictions and
requirements of Schedule 2 in the infected area and may also suspend
the hunting and ban the feeding of feral pigs in that
area.
(3) The National Assembly may
take such steps as it considers necessary to ensure that all persons
in an infected area are made fully aware of the restrictions and
requirements in force in the infected area, including requiring
occupiers of properties situated within that area to exhibit signs or
notices.
(4) The National Assembly may
by declaratory order impose a ban on the establishment of new holdings
in an infected area.
(5) The National
Assembly may by declaratory order impose a ban on pig breeding in an
infected area, except in accordance with a licence issued by a
veterinary inspector.
(6) Any holding
which is partly inside and partly outside an infected area is to be
deemed to be wholly inside that
area.
Vaccines
15. No person may administer an African swine fever
vaccine to any
pig.
Compliance
16. - (1) Any notice or licence under this
Order must be in writing, may be general or specific, be made subject
to conditions and may be amended, suspended or revoked in writing at
any time and in particular may be suspended or revoked if the issuing
authority is of the reasonable opinion that the provisions of this
Order are not being complied with.
(2)
If any person fails to comply with any requirement of this Order or
any instruction given, or notice or licence served under it, an
inspector may, without prejudice to any proceedings for an offence
arising as a consequence of that failure, take such action as may be
necessary to ensure that the requirements, instruction, notice or
licence is complied with or carried
out.
(3) The National Assembly, the
Secretary of State or the local authority may recover, as a civil
debt, any expenses incurred by an inspector under paragraph (2), from
the person in default.
Powers of Inspectors and Veterinary
Inspectors
17. A
veterinary inspector who enters premises under this Order
may -
(a) examine any animal, carcase or thing;
(b) make such
tests and take such samples (including blood samples) from any
animal, carcase or thing he or she considers necessary for the
purpose of diagnosis;
(c) mark for identification purposes
any animal, carcase or thing;
(d) undertake surveillance for
the presence of vectors;
(e) implement any vector control he
or she deems necessary;
(f) require the destruction, burial,
disposal or treatment of any thing;
(g) require the occupier,
any veterinary surgeon who has attended any animal on the premises
and any other person who has been in charge of or in contact with
any such animal to inform him or her of any other animal or other
premises with which such animal may have come into
contact;
(h) require the occupier of any premises to exhibit
the notices or signs referred to in article 11(5).
(2) An inspector or other officer of the
National Assembly who enters premises may -
(a) take with him or her -
(i) a vehicle (provided entry with such a vehicle is
reasonably practicable);
(ii) such equipment as he or she
considers necessary; and
(iii) such other person as he or
she considers necessary for any purpose in relation to the
execution and enforcement of this Order;
(b) undertake surveillance for the presence of vectors under the
direction of a veterinary inspector; and
(c) implement such
vector control measures as a veterinary inspector may deem
necessary.
Enforcement
18. - (1) Except where otherwise provided, the
provisions of this Order are to be executed and enforced by the local
authority.
(2) The National Assembly or
the Secretary of State may direct, in relation to cases of a
particular description or any particular case, that an enforcement
duty imposed on a local authority under this article is to be
discharged by the National Assembly or the Secretary of State (as the
case may be) and not by the local
authority.
Revocations
19. The African Swine Fever Order 1980[6]
is hereby revoked in so far as it applies to
Wales.
Signed on behalf of the National Assembly for
Wales
D. Elis-Thomas
The Presiding Officer of the
National Assembly
10th December
2003
Signed
Ben
Bradshaw
Parliamentary Under-Secretary of
State,
Department for the Environment, Food and Rural
Affairs
13th December 2003
SCHEDULE 1Article 11(3)
MEASURES THAT APPLY IN PROTECTION AND SURVEILLANCE
ZONES
PART I
Measures that apply in a protection
zone
Movement
Restrictions
1. Subject to
paragraph 2 below, no person may move or transport any pig on any
public or private road (other than, when necessary the service roads
within the holding) within the protection
zone.
2. The prohibition in
paragraph 1 above does not apply -
(a) if the movement is in accordance with paragraphs 6 and
7;
(b) to the transport of pigs that were loaded on to a
vehicle outside the protection zone and are transported through that
zone without the vehicle being loaded or unloaded in the
zone;
(c) to the movement or transport of pigs from outside
the protection zone, with a view to immediate slaughter in a
slaughterhouse situated inside the protection zone, provided that
movement or transport has been licensed by a veterinary inspector or
an inspector in accordance with the directions of a veterinary
inspector.
3. No person may move out of the
protection zone any vehicle which has been used to transport pigs
within the zone, unless -
(a) it has been cleansed and disinfected and, if necessary, an
acaricide has been applied under the direction and supervision of an
inspector; and
(b) the movement has been licensed by an
inspector; or
(c) it has been driven through the zone without
being loaded or unloaded.
4. The occupier of a holding within
the protection zone must ensure that no other species of domestic
animal enters or leaves that holding unless the movement is authorised
by a licence issued by a veterinary inspector or an inspector acting
in accordance with the directions of a veterinary
inspector.
5. No person may
remove any pig semen, ova or embryos from a holding within the
protection zone.
6. No person
may move any pig in the protection zone off the holding on which it is
kept for at least 40 days after the completion of the preliminary
cleansing and disinfection of, and of any application of an acaricide
to, the infected holding. Thereafter no person may so move any pig
unless licensed to do so by a veterinary inspector or an inspector
acting in accordance with the directions of a veterinary
inspector.
7.
Where -
(a) a holding has been within a protection zone for longer than
40 days as a result of further outbreaks of the disease within the
zone; and
(b) and this has given rise to welfare or other
problems in keeping the pigs on the holding,
pigs may be moved off the holding provided that any such movement
is authorised by a licence issued by a veterinary inspector or an
inspector acting in accordance with the directions of a veterinary
inspector.
Reduction of periods of
waiting
8. If the Chief
Veterinary Officer is satisfied following a sampling and testing
programme that the disease no longer exists on the holding in
question, the period of 40 days referred to in paragraphs 6 and 7
above may by notice be reduced to 30 days.
Notification of
pig deaths on a holding
9. The
occupier of any holding within the protection zone must notify the
Divisional Veterinary Manager about any dead or diseased pig on his or
her holding.
Bio-security
10. The person in charge of any vehicle or equipment used for
the transport of pigs, other livestock or material which may have been
contaminated with the disease (for example, carcases, feed, manure,
and slurry) must ensure that it is cleansed and disinfected or
otherwise treated as soon as possible after use and before it is used
again, under the direction and supervision of a veterinary inspector
or of an inspector acting in accordance with the directions of a
veterinary inspector.
11. No
person may enter or leave any holding within the protection zone
wearing clothing or footwear which is visibly contaminated with mud,
slurry, animal faeces, droppings or excretions or any other similar
matter except that such person may cleanse and disinfect the outer
surfaces of his or her footwear on entering or leaving those
premises.
PART II
Measures that apply in a Surveillance
Zone
Movement
restrictions
1. Subject to
paragraph 2, no person may move or transport any pig on any public or
private road (other than, where necessary, the service roads within
the holding) within the surveillance zone unless licensed to do so by
a veterinary inspector or by an inspector in accordance with the
directions of a veterinary inspector.
2. The prohibition in paragraph 1 does not apply
-
(a) to the transport of pigs that were loaded on to a vehicle
outside the surveillance zone and are transported through that zone
without the vehicle being loaded or unloaded in the zone;
or
(b) to the movement or transport of pigs from outside the
surveillance zone with a view to immediate slaughter in a
slaughterhouse within the surveillance zone provided that movement
or transport has been licensed by a veterinary inspector or by an
inspector in accordance with the directions of a veterinary
inspector.
3. No person may move any livestock
vehicle from the surveillance zone if it has been used to transport
pigs, unless it has first been cleansed and disinfected and, if
necessary, an acaricide has been applied, or unless it has been driven
through the zone without being loaded or
unloaded.
4. The occupier of
any holding within the surveillance zone must ensure that no other
species of domestic animal enters or leaves that holding within seven
days of the establishment of that zone unless licensed to do so by an
inspector.
5. No person may
remove any pig semen, ovum or embryo from a holding within the
surveillance zone.
Movement of
pigs
6. No person may move any
pig off a holding in the surveillance zone for at least 30 days after
the completion of the preliminary cleansing and disinfection of, and
any application of an acaricide to, the infected holding. Thereafter
no person may move any pig unless licensed to do so by a veterinary
inspector or an inspector acting under the direction of an
inspector.
7. When a holding
has -
(a) been within a surveillance zone for more than 40 days as a
result of further outbreaks of the disease; and
(b) this has
given rise to welfare or other problems in keeping the pigs on the
holding,
pigs may be moved off that holding provided that the movement is
licensed by a veterinary inspector or an inspector acting in
accordance with the directions of a veterinary
inspector.
Reduction of periods of
waiting
8. If the Chief
Veterinary Officer is satisfied following a sampling and testing
programme that the disease no longer exists on the holding in
question, the period of 30 days referred to in paragraph 6 above may
by notice be reduced to 21 days and the period of 40 days referred to
in paragraph 7 above may by notice be reduced to 30
days.
Bio-security
9.
The person in charge of any vehicle or equipment used for the
transport of pigs, other livestock or material which may have been
contaminated with the virus (for example, carcases, feed, manure and
slurry) must ensure that it is cleansed and disinfected or otherwise
treated as soon as possible after use and before it is used again in
accordance with the directions of a veterinary inspector or an
inspector or other person appointed by the National Assembly or the
Secretary of State acting in accordance with the directions of a
veterinary inspector.
10. No
person may enter or leave any holding within the surveillance zone
wearing clothing or footwear which is visibly contaminated with mud,
slurry, animal faeces, droppings or excretions or any other similar
matter except that such person may cleanse and disinfect the outer
surfaces of his or her footwear on entering or leaving those
premises.
Notification of deaths of pigs on a
holding
11. The occupier of any
holding within the surveillance zone must notify the Divisional
Veterinary Manager about any dead or diseased pigs on the
holding.
SCHEDULE 2Article 14
MEASURES THAT APPLY IN AN INFECTED AREA ESTABLISHED UNDER
ARTICLE 14
PART I
Measures that apply to holdings in the infected
area
Records of pigs
1. The occupier of a holding within the infected area must
prepare, under the direction of a veterinary inspector, a record by
category of pigs on the holding and must ensure that the record is
kept up to date and provided, on request, to an inspector. In the case
of holdings where pigs are not kept inside, the first record may be
based on an estimate.
Isolation of
pigs
2. The occupier must
ensure that -
(a) all the pigs on the holding are restricted to their living
quarters or to some other part of the holding where they can be
isolated from feral pigs; and
(b) feral pigs are prevented
from gaining access to any material that might come into contact
with the pigs on the holding.
Movement of pigs
3. No
person may move a pig on to or off the holding unless licensed to do
so by a veterinary inspector or an inspector acting in accordance with
the directions of a veterinary
inspector.
Bio-security
4. The occupier must ensure that appropriate means of
disinfection are provided and used at the entrances and exits of those
parts of the holding in which pigs are being kept and of the holding
itself.
Dead or diseased
pigs
5. The occupier must
ensure that he or she notifies the Divisional Veterinary Manager of
any feral pigs that die on the holding and retain the carcases of such
animals on the holding until a veterinary inspector has notified him
or her that he or she no longer needs to do so.
Feral
pigs
6. No person may bring on
to a holding in the infected area -
(a) the carcase or any part of a feral pig; or
(b) any
material or equipment which could have been had contact with a feral
pig in the infected area.
PART II
Measures that apply in the infected area
Export
of pigs, semen, ova or embryos from the infected
area
1. No person may move any
pig, semen, ovum or embryo from the infected area for the purpose of
export to another Member State.
Contact with feral
pigs
2. Any person who comes
into contact with a feral pig in the infected area must take steps to
ensure that he or she does not spread the
disease.
3. Any person who
shoots or find the carcase of a feral pig, must inform the Divisional
Veterinary Manager. If that person has shot the pig he or she must
keep the carcase for 24 hours after informing the Divisional
Veterinary Manager and make it available to the Divisional Veterinary
Manager for any sampling or testing which the Divisional Veterinary
Manager may consider appropriate.
EXPLANATORY NOTE
(This note is
not part of the Order)
This Order, which applies
to Wales, implements Council Directive 2002/60/EC (OJ No. L192,
20.07.2002, p.27) revising Community measures for the control of
African swine fever. It revokes and replaces the African Swine Fever
Order 1980 so far as it applies to Wales.
This
Order -
(a) requires any person who suspects that a pig or carcase is
inspected with African swine fever (the disease) to notify the
Divisional Veterinary manager and imposes restrictions on the
movement of pigs or carcases or other things off the premises
(article 4);
(b) requires a veterinary inspector to serve a
notice imposing the requirements set out in the notice to be
complied with in circumstances where he or she suspects that the
disease may exist (article 5);
(c) permits a veterinary
inspector to serve a further notice imposing additional restrictions
to those required by article 5 (article 6);
(d) where the
presence of the disease is confirmed on a holding, requires a
veterinary inspector to serve a notice on the occupier of the
holding requiring him or her to ensure that the restrictions and
requirements in article 5 and any applicable requirements of article
6 are carried out (article 7);
(e) sets out the measures
which must be taken where the disease is confirmed in a
slaughterhouse, knacker's yard or on a means of transport (article
8);
(f) sets out the action that should be taken where it is
suspected that the disease may have been transferred to or from the
infected or suspected premises to or from other premises (article
9);
(g) provides for the establishment of temporary control
zones (article 10);
(h) requires the National Assembly for
Wales, on confirmation of disease, to establish an area around an
outbreak site of the disease and provides for this area to be split
into a protection zone and a surveillance zone (article 11 and
Schedule 1);
(i) sets out the requirements for cleansing and
disinfection (article 12);
(j) sets out the measures to be
taken where the disease is suspected or confirmed in feral pigs
(articles 13 & 14 and Schedule 2);
(k) prohibits the use
of the African swine fever vaccine unless the National Assembly
authorises it (article 15);
(l) gives power to an inspector
to take action to ensure that the requirements of this Order are
carried out where any person fails to comply with those restrictions
and requirements (article 16);
(m) provides the specifics as
to the exercise of certain of the powers of veterinary inspectors
and of officers of the National Assembly or the Secretary of State
when an outbreak of African swine fever is suspected. The general
powers are set out in sections 63 and 64A of the Animal Health Act
1981 (article 17);
(n) provides for the enforcement of the
Order (article 18).
Failure to comply with this Order is an offence under section 73 of
the Animal Health Act 1981.
A regulatory appraisal has been
prepared and placed in the Library of the National Assembly for Wales.
Copies are available from the Welsh Assembly Government, Animal and
Plant Health Division, Cathays Park, Cardiff, CF10 3NQ.
Notes:
[1] 1981 c.22. See section
86(1) for the definitions of "the Ministers" and "the Minister".
Functions of "the Ministers" so far as exercisable by the Secretary of
State for Wales in relation to Wales were transferred to the National
Assembly for Wales by the National Assembly for Wales (Transfer of
Functions) Order 1999 (S.I. 1999/672). Functions of "the Ministers" so
far as exercisable by the Secretary of State for Scotland in relation
to Wales, were transferred to the Minister of Agriculture, Fisheries
and Food by the Transfer of Functions (Agriculture and Food) Order
1999 (S.I. 1999/3141) and were then transferred to the Secretary of
State by the Ministry of Agriculture, Fisheries and Food (Dissolution)
Order 2002 (S.I. 2002/794).back
[2] S.I. 1998/463.back
[3] S.I. 1978/32 as amended.back
[4] S.I. 1986/1510 as amendedback
[5] S.I. 2001/880, to which there are amendments not
relevant to this Order.back
[6] S.I. 1980/145.back
Cymraeg
(Welsh)
ISBN 0 11090851 1