Scottish Statutory Instrument 2003 No. 426
The Classical Swine Fever (Scotland) Order
2003
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SCOTTISH STATUTORY INSTRUMENTS
2003 No. 426
ANIMALS
ANIMAL HEALTH
The Classical Swine Fever (Scotland) Order
2003
| |
Made |
9th September 2003 |
|
| |
Coming into force |
10th September 2003 |
|
ARRANGEMENT OF ARTICLES
SCHEDULES
The Scottish Ministers, in
exercise of the powers conferred by sections 1, 7(1), 8(1), 15(4),
17(1), 23, 25, 28, 35, and 83(2) of the Animal Health Act 1981[1]and
of all other powers enabling them in that behalf, hereby make the
following Order:
Citation, commencement and
extent
1.
- (1) This Order may be cited as the Classical Swine Fever
(Scotland) Order 2003 and shall come into force on 10th September
2003.
(2) This Order applies to
Scotland
only.
Interpretation
2. - (1) In this Order, unless the context
otherwise requires-
"carcase" means a pig carcase, and includes part of a
carcase;
"the Chief Veterinary Officer" means the Chief Veterinary
Officer of Great Britain;
"the disease" means classical swine fever;
"Divisional Veterinary Manager" means the veterinary inspector
authorised by the Scottish Ministers to receive information about
pigs or carcases infected with the disease, or pigs or carcases
suspected of being infected with the disease, for the area in which
such pigs or carcases are located;
"feral pig" 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" means any place where any pig is bred or kept on a
permanent or temporary basis but does not include a slaughterhouse,
knacker's yard or means of transport, or a fenced area where feral
pigs are kept and may be hunted;
"infected holding" means a holding where the Chief Veterinary
Officer has confirmed that the disease is present;
"knacker's yard" means any premises used in connection with the
business of killing, flaying or cutting up animals whose flesh is
not intended for human consumption;
"means of transport" includes any vehicle, vessel or
aircraft;
"pig" means an animal of the suidae family;
"slaughterhouse" 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 awaiting slaughter there; and
"the virus" means the classical swine fever virus.
(2) For the purposes of this Order-
(a) a pig or carcase is suspected of being infected with the
disease if the Chief Veterinary Officer is satisfied that the
clinical signs or post mortem lesions it exhibits, or the results of
a diagnostic test, suggest the possible presence of the virus in
that pig or carcase; and
(b) a pig or carcase is infected
with the disease if the Chief Veterinary Officer is satisfied that
the clinical signs or post-mortem lesions it exhibits, or the
results of a diagnostic test, indicate the presence of the virus in
that pig or carcase.
Exemptions
3.
This Order shall not apply where the virus is being held or used in
circumstances which are authorised by a licence issued under the
Specified Animal Pathogens Order 1998[2].
Notification
of the disease
4.
- (1) Any person who analyses samples taken from any pig or
carcase and who finds evidence of antibodies or antigens to the
disease or to any vaccine for the disease shall immediately notify the
Divisional Veterinary Manager.
(2) Any
person who suspects the existence of the disease in any pig or carcase
which is-
(a) in the possession of that person; or
(b) under the
charge of that person; or
(c) being examined or inspected by
that person,
shall immediately notify the Divisional Veterinary
Manager.
(3) No person shall move any
pig or carcase suspected of being infected with the disease, nor any
pig meat, pig product, pig semen, the ovum or embryo of a pig, any
animal feeding stuff, manure, slurry, utensil, material, waste or any
other thing likely to transmit the disease from the holding or other
place on which it was found, until that holding or other place has
been visited by a veterinary inspector and the veterinary inspector
has either imposed restrictions under this Order or notified that
person that it is not considered necessary to do
so.
Measures where the disease is
suspected
5.
- (1) Where a veterinary inspector suspects that the
disease may exist or may within 56 days have existed on any holding,
slaughterhouse, knacker's yard or other place, or on any means of
transport, whether or not notification has been given under article 4,
that inspector shall-
(a) serve a notice on the occupier of that holding,
slaughterhouse, knacker's yard or other place or the person
appearing to that veterinary inspector to be in charge of that means
of transport imposing such of the restrictions and requirements set
out in paragraph (3) as that veterinary inspector considers
appropriate;
(b) carry out an investigation to confirm or
deny the presence of the disease on that holding, slaughterhouse,
knacker's yard or other place, or on that means of transport;
and
(c) be entitled to carry out an investigation into the
epidemiology of the outbreak of the disease on that holding,
slaughterhouse, knacker's yard or other place (not being a means of
transport).
(2) A notice served under this article may
be revoked by the Scottish Ministers if they are satisfied that the
disease is not present on that holding, slaughterhouse, knacker's yard
or other place, or on that means of
transport.
(3) The restrictions and
requirements referred to in paragraph (1) are that-
(a) the occupier shall co-operate with a veterinary inspector in
the preparation of 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; and
(iv) the
number of pigs which have died,
on the holding, slaughterhouse, knacker's yard, or other place,
or means of transport, as the case may be;
(b) the occupier
shall ensure that the record referred to in sub-paragraph (a) takes
account, during the period that the restrictions and requirements
under this paragraph are in force, of pigs that are born or die, and
pigs which fall sick having been previously apparently free of
disease;
(c) the occupier shall produce the record referred
to in sub-paragraph (a) to a veterinary inspector on
request;
(d) the occupier shall ensure that all pigs on a
holding are kept in their living quarters or some other place
specified in the notice;
(e) no person shall move any pigs
onto or off any premises except in accordance with a licence issued
by a veterinary inspector and the occupier shall ensure that pigs
are unable to stray from or onto the holding;
(f) no person
shall move any pig meat, pig product, carcase, pig semen, the ovum
or embryo of a pig, any animal feeding stuff, manure, slurry,
utensil, material, waste or any other thing likely to transmit the
disease from any premises, except in accordance with a licence
issued by an inspector;
(g) no person shall come onto or off
any premises except in accordance with a licence issued by a
veterinary inspector;
(h) no person shall move any vehicle
onto or off any premises except in accordance with a licence issued
by a veterinary inspector;
(i) the occupier shall 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 any premises in which pigs are
being kept and of those premises; and
(j) the person in
charge of a means of transport shall ensure that such means of
transport and any part thereof is taken to a specified destination,
unloaded, and cleansed and disinfected in accordance with the
instructions, and under the supervision, of a veterinary
inspector.
Further measures where a notice has been served under article
5
6. Where a notice
has been served under article 5, a veterinary inspector may, by
further notice served on the occupier of the holding, slaughterhouse,
knacker's yard or other place, or on the person who appears to be in
charge of a means of transport-
(a) prohibit the movement of any other species of animal on to
or off those premises or means of transport;
(b) require that
occupier or person to take all reasonable measures to destroy
rodents and insects on those premises or means of transport;
or
(c) require that occupier or person to cleanse and
disinfect those premises or any vehicle or other thing on those
premises, or any means of transport, at the expense of that occupier
or person or at the expense of the Scottish Ministers in such a
manner as may be specified in the notice, and within such time as
may be so specified.
Measures where the disease is confirmed on a
holding
7. Where the
Chief Veterinary Officer has confirmed that the disease is present on
a holding a veterinary inspector-
(a) shall serve a notice on the occupier of that holding
imposing any one or more of the restrictions and requirements
contained in article 5, if such a notice has not already been served
under that article;
(b) shall be entitled, unless an
investigation into the epidemiology of the outbreak of the disease
on that holding has already been completed under article 5, to carry
out such an investigation; and
(c) may also by notice require
the implementation of such measures as are set out in article
6.
Measures where the disease is confirmed in a slaughterhouse,
knacker's yard or other place or on a means of
transport
8.
- (1) Where the Chief Veterinary Officer has confirmed that
the disease is present in a slaughterhouse, knacker's yard or other
place or on a means of transport, a veterinary inspector may serve a
notice on the occupier of the slaughterhouse, knacker's yard or other
place, or on the person who appears to be in charge of the means of
transport, requiring that occupier or person to ensure that-
(a) in the case of that slaughterhouse, knacker's yard or other
place, all buildings, equipment and vehicles specified in the notice
are cleansed and disinfected in accordance with the instructions,
and under the supervision, of a veterinary inspector; or
(b)
in the case of the means of transport, that means of transport and
any part thereof is taken to such destination as may be specified in
the notice, unloaded, and cleansed and disinfected in accordance
with the instructions, and under the supervision, of a veterinary
inspector,
and no pigs are reintroduced to that slaughterhouse, knacker's yard
or other place or that means of transport until at least 24 hours
after completion of the cleansing and disinfection operations carried
out in accordance with sub-paragraphs (a) and (b)
above.
(2) Where a notice has been
served under paragraph (1), the veterinary inspector shall be entitled
to carry out an investigation into the epidemiology of the outbreak of
the disease in that slaughterhouse, knacker's yard or other place or
on that means of transport.
Measures which apply in respect
of holdings or other premises from or to which the disease may have
been transmitted
9.
- (1) Where, following an investigation by a veterinary
inspector into the epidemiology of the outbreak of the disease on an
infected holding or a holding in relation to which a notice has been
served under article 5, that inspector considers that the disease on
that holding may, for any reason, have been transmitted from or to
another holding or any other premises, that inspector may serve a
notice under article 5 on the occupier of that other holding or those
other premises.
(2) Where the disease
has been found in any pig or carcase in a slaughterhouse, knacker's
yard or other place or on a means of transport, a veterinary inspector
may serve a notice under article 5 on the occupier of any holding or
other premises from which the infected pig or carcase in that
slaughterhouse or knacker's yard or that means of transport, has come,
or to which such pig or carcase has been sent.
Temporary
control zones
10.
- (1) Following the service of a notice under article 5,
the Scottish Ministers may, by declaratory order, establish a zone to
be known as a "temporary control
zone".
(2) The location and size of the
temporary control zone shall be such as the Scottish Ministers
consider necessary to prevent the spread of
disease.
(3) Where a temporary control
zone has been established, no person shall-
(a) move any pig onto or off a holding, slaughterhouse,
knacker's yard or other place within that zone except in accordance
with a licence issued by a veterinary inspector or an inspector
acting under the direction of a veterinary inspector;
(b)
move any cattle, sheep, goat, or other ruminating animal onto or off
any holding, slaughterhouse, knacker's yard or other place within
that zone which has pigs in it except in accordance with a licence
issued by a veterinary inspector or an inspector acting under the
direction of a veterinary inspector; or
(c) move any pig into
or out of that zone except in accordance with a licence issued by a
veterinary inspector or an inspector acting under the direction of a
veterinary inspector.
(4) The restriction in paragraph (3)(c)
shall not apply to any pig which is loaded onto a means of transport
outside that zone and transported through it by means of an
uninterrupted journey without that means of transport being loaded or
unloaded.
(5) When a temporary control
zone has been established in any part of England which adjoins the
border with Scotland, the Scottish Ministers may establish a temporary
control zone in Scotland, contiguous to that established in England,
as the Scottish Ministers consider
necessary.
(6) That part of any
holding, slaughterhouse, knacker's yard or other place which is within
Scotland and which is partly inside and partly outside a temporary
control zone shall be deemed to be wholly inside that
zone.
Protection and surveillance
zones
11.
- (1) Upon confirmation of the disease by the Chief
Veterinary Officer, the Scottish Ministers shall, by declaratory
order, establish an infected area comprising a zone to be known as a
"protection zone" and a zone to be known as a "surveillance
zone".
(2) A protection zone shall
consist of an area having a radius of at least three kilometres itself
contained within a surveillance zone consisting of an area having a
radius of at least ten kilometres, the centre point of each area being
the centre of the holding, slaughterhouse knacker's yard or other
place where the disease has been
confirmed.
(3) Part I of Schedule 1
shall apply in a protection zone and Part II of Schedule 1 shall apply
in a surveillance zone.
(4) Upon
confirmation of the disease on a holding, slaughterhouse, knacker's
yard or other place in England, which is within ten kilometres of the
border with Scotland, the Scottish Ministers shall, by declaratory
order, establish an infected area in terms of this article and
consisting where appropriate of a protection zone with a radius of at
least three kilometres itself contained within a surveillance zone of
at least ten kilometres, the centre point of each being the centre of
the holding, slaughterhouse, knacker's yard or other place in England
where the disease was confirmed, which infected area shall be
established only in so far as it lies within
Scotland.
(5) The Scottish Ministers
may take such steps as they consider 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) That part
of any holding, slaughterhouse, knacker's yard or other place which is
within Scotland and which is partly inside and partly outside a
surveillance or protection zone shall be deemed to be wholly inside
that zone.
Cleansing and
disinfection
12.
- (1) Disinfection under this Order shall be carried out
with a disinfectant approved for the purpose under the Diseases of
Animals (Approved Disinfectants) Order 1978[3].
(2)
Cleansing and disinfection operations on any premises and in respect
of any vehicle or other thing on those premises, or on any means of
transport, shall be carried out under the supervision of a veterinary
inspector or an inspector acting under the direction of a veterinary
inspector.
Feral pig investigation
zones
13.
- (1) Where the Scottish Ministers have reason to suspect
that the disease exists in feral pigs in Scotland, or in England
within ten kilometres of the border with Scotland, the Scottish
Ministers shall, by declaratory order, establish a zone to be known as
a "feral pig investigation zone" to which the provisions of paragraphs
(2) and (3) apply.
(2) The location and
size of a feral pig investigation zone shall consist of such area
within Scotland as the Scottish Ministers consider necessary to enable
them to carry out an investigation to confirm or deny the presence of
the disease.
(3) Any person who shoots,
or finds the carcase of, a feral pig in a feral pig investigation zone
shall inform the Divisional Veterinary Manager as soon as reasonably
practicable and in any event within 24
hours.
(4) Any person who has shot a
pig referred to in paragraph (3) shall keep its carcase for at least
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 where the disease is
confirmed in a feral pig
14. - (1) Where the presence of the disease is
confirmed in a feral pig in Scotland, or in England within ten
kilometres of the border with Scotland, the Scottish Ministers shall,
by declaratory order, establish an infected area within Scotland of
sufficient size to cover any area where it is suspected that the
disease may be present.
(2) The
Scottish Ministers may apply any or all of the requirements of Part I
of Schedule 2 to any holding, slaughterhouse, knacker's yard or other
place within the infected area and any or all of the restrictions and
requirements of Part II of Schedule 2 within the infected area and may
also suspend the hunting and ban the feeding of feral pigs in that
area.
(3) That part of any holding,
slaughterhouse, knacker's yard or other place which is within Scotland
and which is partly inside and partly outside an infected area
established under this article shall be deemed to be wholly inside
that area.
Vaccines
15. No person shall administer a classical swine fever
vaccine to any pig except where authorised to do so by the Scottish
Ministers.
Compliance with notices,
etc.
16.
- (1) Any notice or licence under this Order shall be in
writing, may be general or specific, may be subject to conditions and
may be amended, suspended or revoked by notice in writing at any time,
and in particular may be suspended or revoked if the Scottish
Ministers or the local authority, as the case may be, are 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 requirement, instruction, notice or licence is complied with or
carried out.
(3) The Scottish Ministers
or the local authority may recover, as a debt, any expenses incurred
by an inspector under paragraph (2), from the person in
default.
(4) Where a person is
aggrieved by a decision of a veterinary inspector or an inspector of a
local authority in relation to a specific licence issued or a notice
served under this Order, or as to the restrictions or requirements
imposed in such a notice or the conditions imposed in such a specific
licence, or as to the variation, suspension or revocation of such a
specific licence or in the case of a general licence issued under this
Order as to the variation or suspension of that licence in its
application to any movement of a pig that person may, within the
period of 21 days of the date when that person receives notice of that
decision, require that the Scottish Ministers review that decision,
and in carrying out that review the Scottish Ministers shall-
(a) afford that person an opportunity of making representations
for consideration by an officer of the Scottish Ministers who has
not been involved in the initial decision, and who will prepare a
report following consideration of those representations;
(b)
supply a copy of the report by that officer to that
person;
(c) consider the report by that officer before making
a decision on the review; and
(d) give to that person
notification of the decision on the review and the reasons for that
decision.
(5) The making of a request to review the
decision of a veterinary inspector or an inspector, if relating to the
restrictions or requirements imposed or to be imposed in a notice
served under this Order, or the conditions imposed or to be imposed in
or relating to variation, suspension or revocation of a specific or
general licence issued under this Order, shall not have the effect of
suspending the decision concerned pending that
review.
General powers of
inspectors
17. An
inspector or officer of the Scottish Ministers who enters premises by
virtue of this Order may take onto those premises-
(a) a vehicle (provided entry with such a vehicle is reasonably
practicable);
(b) such equipment as that inspector or officer
considers necessary; and
(c) such other person as that
inspector or officer considers necessary for any purpose in relation
to the execution and enforcement of this Order.
Enforcement
18. Except where otherwise provided, the provisions of
this Order shall be executed and enforced by a local authority or by
the Scottish
Ministers.
Revocations
19. - (1) Article 4 of the Diseases of Animals
(Local Authorities) (Miscellaneous Provisions) Order 1976[4]
is revoked.
(2) Paragraph 4 of Schedule
1 to the Importation of Animals Order 1977[5]
is revoked.
(3) The following Orders
are revoked-
(a) the Swine Fever (Infected Areas Restrictions) Order 1956[6];
(b)
the Swine Fever (Infected Areas Restrictions) Amendment Order
1958[7];
(c)
the Swine Fever Order 1963[8];
and
(d) the Swine Fever (Amendment ) Order 1991[9].
ROSS FINNIE
A member of the Scottish
Executive
St Andrew's House, Edinburgh
9th September
2003
SCHEDULE 1Article 11(3)
MEASURES WHICH APPLY IN PROTECTION AND SURVEILLANCE
ZONES
PART I
Measures which apply in a protection
zone
Movement
Restrictions
1. Subject to
paragraph 3 below, no person may move or transport any pig on any
public or private road (other than, when necessary, the service roads
within a holding) within a protection
zone.
2. Subject to paragraph 3
below, no person may move out of a protection zone any vehicle which
has been used to transport any pig within that zone, unless-
(a) that vehicle has been cleansed and disinfected under the
direction and supervision of an inspector; and
(b) the
movement has been authorised by an inspector.
3. The prohibitions in paragraphs 1
and 2 above shall not apply-
(a) if the movement is a licensed movement in accordance with
paragraph 6;
(b) to the transport of any pig which is loaded
on to a vehicle or train outside that protection zone and is
transported through that zone by means of an uninterrupted journey
without the vehicle or train being loaded or unloaded;
(c) to
the movement or transport of any pig from outside that protection
zone, with a view to immediate slaughter in a slaughterhouse
situated inside that zone, provided that movement or transport has
been licensed by a veterinary inspector or an inspector acting under
the direction of a veterinary inspector.
4. The occupier of a holding within
a protection zone shall ensure that no other species of domestic
animal enters or leaves that holding unless authorised to do so by a
licence issued by a veterinary inspector or an inspector acting under
the direction of a veterinary
inspector.
5. No person shall
remove any pig semen, or the ovum or embryo of a pig from a holding,
slaughterhouse, knacker's yard or other place within a protection
zone.
6. Where an infected area
has been established following confirmation of the disease upon a
holding, no person shall move any pig off that holding for at least 30
days after the completion of the preliminary cleansing and
disinfection of that holding. Thereafter no person shall so move any
pig unless licensed to do so by a veterinary inspector or an inspector
acting under the direction of a veterinary
inspector.
7. Where-
(a) a holding has been within a protection zone for longer than
30 days as a result of further outbreaks of the disease within that
zone; and
(b) this has given rise to welfare or other
problems in keeping pigs on the holding,
pigs may be moved off that holding provided that any such movement
is authorised by a licence issued by a veterinary inspector or an
inspector acting under the direction of a veterinary
inspector.
Notification of dead or diseased pigs on a
holding or other place
8. The
occupier of any holding, slaughterhouse, knacker's yard or other place
within a protection zone shall notify the Divisional Veterinary
Manager about any dead or diseased pig on those
premises.
Bio security
9. The person in charge of any vehicle or equipment used for
the transport of any pig or other livestock, or of material which may
have been contaminated with the virus (including carcases, feeding
stuffs, manure, slurry, utensils or waste) shall ensure that that
vehicle or equipment is cleansed and disinfected as soon as possible
after use and before it is used again under the direction and
supervision of a veterinary inspector or an inspector acting under the
direction of a veterinary inspector.
10. No person shall enter or leave any holding, slaughterhouse,
knacker's yard or other place within a protection zone wearing
clothing or footwear which is visibly contaminated with mud, slurry,
animal faeces, droppings or excretions or any other similar matter
unless that person cleanses and disinfects the outer surfaces of that
clothing or footwear on entering or leaving those
premises.
PART II
Measures which apply in a surveillance
zone
Movement
restrictions
11. Subject to
paragraph 13, no person shall move or transport any pig on any public
or private road (other than, where necessary, the service roads of
holdings) within a surveillance zone unless licensed to do so by a
veterinary inspector or by an inspector acting under the direction of
a veterinary inspector.
12.
Subject to paragraph 13, no person shall move any vehicle from a
surveillance zone if it has been used to transport pigs, unless it has
first been cleansed and disinfected.
13. The prohibition in paragraphs 11 and 12 shall not
apply-
(a) to the transport of any pig which is loaded on to a vehicle
or train outside that surveillance zone and is transported through
that zone by means of an uninterrupted journey without that vehicle
or train being loaded or unloaded in that zone; or
(b) to the
movement or transport of any pig from outside that surveillance zone
with a view to immediate slaughter in a slaughterhouse within that
zone, provided that movement or transport has been licensed by a
veterinary inspector or an inspector acting under the direction of a
veterinary inspector.
14. The occupier of any holding
within a surveillance zone shall ensure that no other species of
domestic animal enters or leaves that holding within seven days of the
establishment of that zone unless licensed to do so by an
inspector.
15. No person shall
remove any pig semen, or the ovum or embryo of a pig from a holding,
slaughterhouse, knacker's yard or other place within a surveillance
zone.
Movement of pigs
16. Where an infected area has been established following
confirmation of the disease on a holding, until that holding has been
cleansed and disinfected no person shall move any pig off any other
holding in the surveillance zone forming part of that infected area
for at least 21 days. Thereafter no person shall move any pig off any
other holding unless licensed to do so by a veterinary inspector or an
inspector acting under the direction of a veterinary
inspector.
17. Where -
(a) a holding has been within a surveillance zone for more than
30 days as a result of further outbreaks of the disease within that
zone; and
(b) this has given rise to welfare or other
problems in keeping 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 under the
direction of a veterinary inspector.
Bio
security
18. The person in
charge of any vehicle or equipment used to transport any pig, other
livestock, or material which may be contaminated with the virus
(including carcases, feeding stuffs, manure, slurry, utensils and
waste) shall ensure that the vehicle or equipment is cleansed and
disinfected as soon as possible after use and before it is used again
in accordance with the directions of a veterinary inspector or an
inspector acting under the direction of a veterinary
inspector.
19. No person shall
enter or leave any holding, slaughterhouse, knacker's yard or other
place 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 unless that person cleanses and
disinfects the outer surfaces of that clothing or footwear on entering
or leaving those premises.
Notification of dead or diseased
pigs on a holding, slaughterhouse, knacker's yard or other
place
20. The occupier of any
holding, slaughterhouse, knacker's yard or other place within a
surveillance zone shall notify the Divisional Veterinary Manager about
any dead or diseased pigs on those premises.
SCHEDULE 2Article 14(2)
MEASURES WHICH APPLY IN AN INFECTED AREA ESTABLISHED UNDER
ARTICLE 14
PART I
Measures which apply to holdings and other places in the
infected area
Census of feral
pigs
1. The occupier shall
co-operate with any veterinary inspector in the preparation of a
census consisting of a record by category of feral pigs kept by that
occupier and shall ensure that the census is kept up to date and made
available for inspection, on request, to an inspector. In any case
where feral pigs are not kept within any premises, the first census
prepared by that occupier may be based on an
estimate.
Isolation of pigs
2. The occupier of any holding shall ensure that-
(a) all pigs on that 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 pigs on that holding.
Movement of feral pigs
3.
No person shall move a feral pig or the carcase of a feral pig onto or
off any holding unless licensed to do so by a veterinary
inspector.
Bio-security
4. The occupier shall ensure that appropriate means of
disinfection are provided and used at the entrances and exits of those
parts of any holding, slaughterhouse, knacker's yard or other place in
which any pig is being kept and of those premises.
Dead or
diseased feral pigs
5. The
occupier shall notify the Divisional Veterinary Manager of any dead or
diseased feral pig on any holding or other place and shall retain the
carcase of any dead feral pig on that holding or other place until
that occupier receives notification from a veterinary inspector that
it is no longer necessary to do so.
Feral
pigs
6. No person shall bring
on to a holding, slaughterhouse, or knacker's yard in the infected
area-
(a) the carcase of a feral pig; or
(b) any material or
equipment which could have had contact with a feral pig in the
infected area.
PART II
Measures which apply in the infected
area
Export of pigs, semen, ova or embryos from the
infected area
7. No person
shall move any pig, or any pig semen, or the ovum or embryo of a pig
from the infected area for the purpose of export to another Member
State.
Notification of feral pig
carcases
8. Any person who
shoots, or finds the carcase of, a feral pig in an infected area shall
inform the Divisional Veterinary Manager as soon as reasonably
practicable and in any event within 24 hours. Any person who has shot
such a pig shall keep its carcase for at least 24 hours 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 Scotland, implements Council Directive 2001/89/EC (O.J. No. L 316,
01/12/2001, p.0005) revising Community measures for the control of
classical swine fever. It revokes and replaces the Swine Fever
(Infected Areas Restrictions) Order 1956 and the Swine Fever Order
1963. This Order-
(a) requires any person who suspects that a pig or carcase is
infected with classical swine fever ("the disease") to notify the
Divisional Veterinary Manager for that area (article 4);
(b)
requires the Divisional Veterinary Manager, in any case where he
suspects that the disease may exist on a holding, to serve a notice
imposing the requirements set out article 5;
(c) permits a
veterinary inspector to serve a further notice extending certain of
the restrictions in 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 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 other place or on a means of
transport (article 8);
(f) makes provision for an
epidemiological investigation in certain circumstances (articles
5(1)(c), 7(b) and 8(2));
(g) sets out the action that should
be taken where it is considered that the disease may have been
transferred to or from the infected or suspected holding to or from
another holding (article 9);
(h) provides for the
establishment of temporary control zones imposing restrictions to
limit the spread of the disease (article 10);
(i) requires
the Scottish Ministers to set up an infected area around the
location of the outbreak of the disease and provides for this to be
split into a protection zone and a surveillance zone in order that
the disease can be controlled and monitored (article 11);
(j)
sets out requirements for cleansing and disinfection where that is
required under the Order (article 12);
(k) sets out the
measures to be taken where the disease is suspected or confirmed in
feral pigs (articles 13 & 14);
(l) prohibits the use of
the classical swine fever vaccine except for duly authorised
purposes (article 15);
(m) 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, and sets up an appeal procedure (article
16);
This Order will impose no financial cost on the industry unless
there were to be confirmed cases of classical swine fever. Since the
requirements imposed by the Directive will differ little from existing
practice, in the event of the disease being confirmed in pig herds in
Scotland there should be no additional burdens in complying with the
new requirements.
A Regulatory Impact Assessment has been
prepared for this Order, and has been placed in the Scottish
Parliament Information Centre. Copies can be obtained from the
Scottish Executive Environment and Rural Development Department,
Pentland House, Robb's Loan, Edinburgh, EH14 1TY.
Notes:
[1] 1981 c.22. See section 86(1)
for the definition of "the Ministers". The functions of the Ministers,
insofar as exercisable in or as regards Scotland, were transferred to
the Scottish Ministers by virtue of section 53 of the Scotland Act
1998 (c.46).back
[2] S.I. 1998/463.back
[3] S.I. 1978/32; relevant amending instruments are
S.I. 1978/934, 1997/2347 and 1999/919, and S.S.I. 2001/45 and
2003/334.back
[4] S.I. 1976/919.back
[5] S.I. 1977/944.back
[6] S.I. 1956/1750 as amended by S.I. 1958/1284 and
S.I. 1977/944.back
[7] S.I. 1958/1284.back
[8] S.I. 1963/286 as amended by S.I. 1976/919 and
S.I. 1991/1030.back
[9] S.I. 1991/1030.back
ISBN 0 11062454 8