Diseases of Poultry (England) Order 2003
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The Secretary of State for Environment, Food and Rural Affairs, in exercise of her powers under sections 1, 7, 8(1), 15(5), 17(1), 23, 25, 28, 35(1), 83(2), 87(5)(a) and 88(4) of the Animal Health Act 1981[1] makes the following Order: Title, commencement and extent 1. - (1) This Order may be cited as the Diseases of Poultry (England) Order 2003 and shall come into force on 30th April 2003. (2) This Order applies to England only. Extension of definition of "poultry" and "disease" 2. - (1) The definition of "poultry" in section 87(4) of the Animal Health Act 1981 is extended to include all birds. (2) The definition of "disease" in section 88(3) of the Act is extended to include all diseases of birds. Interpretation 3. - (1) In this Order -
(2) Any notice or licence served or issued
under this Order or under a declaratory Order made under article 10
below shall be in writing, may be general or specific, may be the
subject of conditions and may be amended, suspended or revoked by
notice in writing at any time.
(b) take all reasonable steps to ensure that the restrictions and requirements set out in Part I of Schedule 1 to this Order are complied with. (2) A person who examines or inspects any
bird or carcase or who analyses any sample taken from any bird or
carcase, and who suspects the presence of a designated disease in the
bird, carcase or sample shall immediately inform the Divisional
Veterinary Manager.
(ii) the possible origin of the disease on the premises, (iii) which premises may have been exposed to contamination by the disease from the premises under enquiry, and (iv) the extent to which a disease has been carried to or from the premises under enquiry; and may (b) mark, or cause to be marked, for identification purposes any
bird, carcase or other thing in relation to which any of the powers
under (a) above have been exercised. (2) Collection of samples and laboratory
testing shall be carried out (in relation to avian influenza) in
accordance with Annex III of Council Directive 92/40/EEC and (in
relation to Newcastle disease and paramyxovirus in pigeons), with
Annex III of Council Directive
92/66/EEC.
(b) if he suspects that any bird on those premises may have been exposed to the risk of any disease (including a designated disease). (3) In this article, exposure to the risk
of a designated disease or to another disease means exposure, either
directly or indirectly, as a result of the movement of persons,
animals or vehicles or in any other
way.
(b) count the birds and monitor their movements. (5) On service of a notice under this
article, no person shall move any bird or any thing liable to transmit
disease from the premises except under the authority of a licence
granted by a veterinary inspector.
(b) in the case of other captive birds or racing pigeons, may by notice served on the occupier or person in charge of the
premises, impose, in addition to the restrictions and requirements
contained in Part I of Schedule 1 to this Order, the restrictions and
requirements contained in Part II of Schedule
1.
(b) provide such reasonable assistance as the veterinary inspector may require for the purpose of exercising his powers under articles 5, 7 and 8. (2) If any person fails to comply with any
restriction or requirement imposed by a notice served under this
Order, an inspector or other officer of the Secretary of State or an
inspector of the local authority may -
(b) take such other action as may be necessary so as to ensure that any restriction or requirement imposed by the notice is complied with or carried out. (3) Any action taken under paragraph (2)
shall be without prejudice to any proceedings for an offence arising
out of contravention of a notice served under this
Order.
(b) their species and description; (c) the name and address of the person from whom they were obtained; (d) the date they left the premises; (e) their destination on leaving the premises (if known); (f) the purpose for which they left the premises; and (g) the name and address of the person to whom they were transferred. (4) A person who is required by this Order
to keep a record shall retain it for at least twelve months from the
date of the recorded transportation or
marketing.
(b) on demand made by an inspector or other officer of the Secretary of State or by an inspector of local authority, produce the licence and allow a copy or extract to be taken, and (c) on such demand, furnish his name and address. General powers of inspectors Record of Poultry 1. The occupier of the premises shall make and maintain an up to date record of the poultry on the premises showing in respect of each category the number of poultry which have died, which show clinical signs of disease and which show no signs. The record shall be produced to a veterinary inspector on demand. Isolation of poultry 2. The occupier of the premises shall ensure that any poultry or birds kept in captivity on the premises are kept in their living quarters or some other place where they can be isolated. Pigeons shall be isolated in their pigeon house until restrictions have been removed. Prohibition on movement of poultry to or from premises 3. No person shall move any poultry to or from the premises. Prohibition on movement of persons, animals and vehicles to or from the premises 4. No person shall move to or from the premises and no person shall move any animal or vehicle to or from the premises. Prohibition on removal or spreading of things liable to transmit disease 5. No person shall remove from the premises or spread in the premises any used poultry litter or poultry manure or anything liable to transmit disease. Restriction on removal of eggs 6. No person shall move any eggs from premises except in accordance with the provisions of article 4.2(e) of, and Annex I to, Council Directive 92/40/EEC or article 4.2(e) of and Annex I to Council Directive 92/66/EEC as the case may be. Disinfection at entrances and exits 7. The occupier of the premises shall provide and maintain an appropriate means of disinfection at the entrances and exits of the buildings housing poultry and of the premises[5]. Slaughter and destruction 8. The occupier of the premises shall give all reasonable assistance to a veterinary inspector so as to ensure that poultry and such other birds on those premises as the veterinary inspector may require are killed there without delay and that carcases and eggs are destroyed in such a way as will minimise the risk of spreading disease, in accordance with directions given by a veterinary inspector. Destruction or treatment 9. The occupier of the premises shall ensure that all other material which may be contaminated is destroyed or treated in such a way as to destroy the disease, in accordance with directions given by a veterinary inspector. Tracing 10. The occupier of the premises shall give all reasonable assistance to a veterinary inspector so as to ensure that -
(b) eggs laid during the presumed incubation period; and (c) meat and eggs which are otherwise likely to be contaminated with the disease virus, are traced and destroyed, except that table eggs need not be
destroyed if they have previously been
disinfected. Protection Zones 1. The following shall apply within the protection zone and shall continue to apply for a period of at least 21 days after the preliminary cleansing and disinfection of the infected premises required by paragraph 11 of Schedule 1 to this Order and thereafter until the Secretary of State declares the protection zone to have become part of the surveillance zone. 2. The occupier of premises containing poultry shall ensure that -
(b) any veterinary inspector who visits the premises to examine the poultry and take samples is given all necessary assistance and information; (c) the poultry are kept in their living quarters or such other place where they can be isolated; (d) there is an appropriate means of disinfection at the entrance and exits of the premises; (e) poultry and hatching eggs are not moved from the premises except under a licence issued by a veterinary inspector -
(ii) in the case of day old chicks or ready-to-lay pullets, to premises within the surveillance zone on which there are no other poultry, or (iii) in the case of hatching eggs to a designated hatchery, subject to the eggs and their packing being disinfected before dispatch; and (f) used litter and poultry manure are not removed or
spread. 3. No person shall move any
poultry, eggs or carcases within the zone, except that poultry may be
transported without stopping through the zone on a major highway or
railway.
(b) poultry are not moved from the premises out of the zone except under a licence issued by a veterinary inspector for the purpose of transport direct to a designated slaughterhouse outside the surveillance zone; (c) hatching eggs are not moved from the premises out of the zone except under a licence issued by a veterinary inspector for the purpose of transport direct to a designated hatchery and subject to the eggs and their packing being disinfected before dispatch; and (d) used litter and poultry manure are not moved out of the zone. 7. No person shall move any poultry
or hatching eggs into or within the zone except that poultry may be
transported without stopping through the zone on a major highway or
railway. (This note is not part of the Regulations) 1. This Order (read with the Animal Health Act 1981 (c. 22, amended by the Animal Health Act 2002 c. 42) further implements Council Directive 92/40/EEC introducing Community measures for the control of avian influenza (O.J. L167, 22/6/1992, p. 1) and Council Directive 92/66/EEC introducing Community measures for the control of Newcastle disease (O.J. L260, 5/9/1992, p. 1) ("the Directives"). The Directives were previously implemented by the Diseases of Poultry Order 1994 (S.I. 1994/3141) ("the 1994 Order") and the Diseases of Poultry (Amendment) Order 1997 (S.I. 1997/150), both revoked by this Order. This Order, like the Directives, now applies to ratites. 2. This Order also extends provisions in article 5A of the 1994 Order (relating to surveillance powers and movement restrictions) to diseases of birds and to species of birds not covered by the Directives. These provisions are set out in article 7 of this Order. 3. Articles 1 to 3 of the Order contain introductory and interpretation provisions. 4. Article 4 provides for the notification of certain diseases and for the taking of precautionary measures when disease is suspected. Article 5 sets out restrictions which may apply if any disease is suspected or known to exist. Article 6 provides for veterinary inquiry into the existence of disease. Article 7 sets out restrictions which apply where poultry or other birds are suspected of having been exposed to the risk of disease. Article 8 sets out restrictions which apply where disease is confirmed. Restrictions referred to in articles 4, 5 and 8 are set out in Schedule 1. 5. Article 9 sets out the duties of occupiers and persons in charge of premises served with a notice under the Order. 6. Article 10 provides for the declaration by the Secretary of State of an infected area where disease has been confirmed. Restrictions applicable in an infected area are set out in Schedule 2. 7. Article 11 allows the Secretary of State to require vaccination of poultry. Article 12 sets out restrictions applicable to racing pigeons. Article 13 contains provisions on cleansing and disinfection. Article 14 relates to the keeping of records and article 15 to licences. Article 16 sets out the general powers of veterinary inspectors under the Order. Article 17 provides for the Order to be enforced generally by local authorities. Article 18 revokes the Diseases of Poultry Order 1994 and the Diseases of Poultry (Amendment) Order 1997 insofar as they apply to England. 8. Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981. Notes: [1] 1981 c. 22, amended by the Animal Health Act 2002 c. 42. These powers were previously exercised by the Minister of Agriculture, Fisheries and Food (see section 86(1)). Functions were transferred to the Secretary of State by S.I. 1999/3141 and 2002/794. Functions exercisable by the Secretaries of State for Scotland and Wales in relation to England were transferred to the Minister by S.I. 1999/3141 and were then transferred to the Secretary of State by S.I. 2992/794.back [5] Disinfectants approved for use under this Order are set out in the Schedules to the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32, amended by S.I. 1999/919).back [6] Disinfectants approved for use under this Order are set out in the Schedules to the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32, amended by S.I. 1999/919).back
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