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STATUTORY RULES OF NORTHERN IRELAND


2006 No. 43

ANIMALS

ANIMAL HEALTH

The Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006

  Made 17th February 2006 
  Coming into operation 23rd February 2006 


CONTENTS


PART I

INTRODUCTION
1. Citation and commencement
2. Interpretation
3. Premises comprising common or unenclosed land
4. Licences and declarations
5. Notices
6. Dissemination of information concerning restrictions and requirements
7. Disinfection

PART II

THE VACCINATION PROGRAMME
8. Prohibition on vaccination except under licence
9. Factors informing a decision to permit suppressive vaccination or protective vaccination
10. Form of the decision to undertake a vaccination programme
11. Licences permitting suppressive vaccination or protective vaccination
12. Facilitation of vaccination
13. Declaration of a vaccination zone and of a vaccination surveillance zone on suppressive or protective vaccination in Northern Ireland
14. Declaration of a vaccination surveillance zone on suppressive or protective vaccination in the Republic of Ireland
15. Vaccination zones and vaccination surveillance zones: general provisions
16. Power to vaccinate an animal
17. Identification of vaccinated animals
18. Removal of eartags and missing eartags
19. Sale and slaughter of vaccinated animals
20. Failure to vaccinate animals specified for vaccination
21. Carcases of animals specified for vaccination
22. Time phases and measures applicable in respect of a vaccination zone
23. Survey and classification of premises during phase 2
24. Measures applicable to reactor premises
25. Measures applying in a vaccination surveillance zone
26. Duty of the Department to erect signs
27. Intra-Community trade of a vaccinated animal

PART III

GENERAL AND SUPPLEMENTARY PROVISIONS
28. Cleansing and disinfection of vehicles: provision of facilities, equipment and materials
29. Marks applied under these Regulations
30. Change of occupation of premises under restriction
31. Reasonable assistance
32. False information
33. Production of records
34. Compliance with notices and directions
35. Slaughter of vaccinated animals
36. Powers of inspectors
37. Production of licences
38. General powers of inspectors to take action to prevent the spread of disease
39. Powers of inspectors in case of default
40. Enforcement, offences and proceedings
41. Offences: no knowledge of restriction or requirement

  SCHEDULE— MEASURES APPLICABLE IN RESPECT OF A VACCINATION ZONE
 PART I— MOVEMENT OF SUSCEPTIBLE ANIMALS
 PART II— FRESH MEAT,MINCED MEAT, MECHANICALLY SEPERATED MEAT AND MEAT PREPARATIONS
 PART III— PRODUCTS OTHER THAN FRESH MEAT ETC.

The Department of Agriculture and Rural Development[
1], makes the following Regulations in exercise of the powers conferred on it by section 2(2) of the European Communities Act 1972[2].



PART I

INTRODUCTION

Citation and commencement
     1. These Regulations may be cited as The Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006 and shall come into operation on 23rd February 2006.

Interpretation
    
2. —(1) In these Regulations—

    (2) In these Regulations "specified for vaccination" means specified as an animal to be vaccinated in a decision to undertake a vaccination programme undertaken in accordance with regulation 9(2).

    (3) References in these Regulations to "animals originating in", in respect of a vaccination zone mean—

    (4) The Interpretation Act (Northern Ireland) 1954[11] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Premises comprising common or unenclosed land
     3. For the purposes of these Regulations—

Licences and declarations
    
4. —(1) A licence granted to any person under these Regulations—

    (2) A declaration under these Regulations shall be in writing.

    (3) Any amendment or revocation of a declaration shall be made by further declaration.

Notices
    
5. —(1) A notice served on any person under these Regulations—

    (2) A notice which—

shall contain a description of those premises sufficient to enable the extent of the premises to be ascertained.

    (3) Such a description may be amended in writing by an inspector if he is satisfied that it does not describe an appropriate area for the purposes of investigating and monitoring the spread of disease in respect of animals which are usually kept together.

Dissemination of information concerning restrictions and requirements
    
6. —(1) The Department shall take such steps as it considers fit to ensure that licences, declarations and notices are brought to the attention of those who may be affected by them as soon as is reasonably practicably.

    (2) The Department shall also ensure that—

are publicised.

Disinfection
    
7. Disinfection under these Regulations shall be carried out with a disinfectant which is—



PART II

THE VACCINATION PROGRAMME

Prohibition on vaccination except under licence
     8. —(1) A person shall not vaccinate an animal except under the authority of a licence granted by the Department permitting suppressive vaccination or protective vaccination.

    (2) Paragraph (1) does not apply to—

Factors informing a decision to permit suppressive vaccination or protective vaccination
     9. —(1) The Department shall take into account the following factors in deciding whether to permit suppressive vaccination or protective vaccination—

    (2) Where, having taken those factors into account, the Department considers that permitting suppressive vaccination or protective vaccination is the most appropriate means of preventing the spread of disease, it shall undertake a vaccination programme.

    (3) If the Department decides to undertake a vaccination programme it shall grant one or more licences permitting suppressive vaccination or protective vaccination.

Form of the decision to undertake a vaccination programme
     10. —(1) The decision to undertake a vaccination programme shall be given in writing.

    (2) The decision shall contain the following information about the vaccination programme—

    (3) Any decision of the Department which results in a change to the information in sub-paragraph (2) shall also be given in writing.

    (4) The Department shall take such steps as it considers fit to bring a decision referred to in paragraph (1) or (3) to the attention of those who may be affected by it.

Licences permitting suppressive vaccination or protective vaccination
    
11. —(1) A licence permitting suppressive or protective vaccination shall not authorise vaccination outside a vaccination zone.

    (2) A licence permitting suppressive or protective vaccination shall not authorise vaccination in a vaccination surveillance zone.

Facilitation of vaccination
    
12. —(1) The keeper of any animal specified in a decision to undertake a vaccination programme shall, when required by an inspector or a person acting at his direction—

    (2) Except under the authority of a licence granted by the Department a person shall not move from any premises where any animal specified in a decision to undertake a vaccination programme is kept—

before all the animals so specified have been vaccinated.

Declaration of a vaccination zone and of a vaccination surveillance zone on suppressive or protective vaccination in Northern Ireland
    
13. —(1) Where the Department decides to undertake a programme of suppressive or protective vaccination it shall, at the same time, declare any place or geographical area where it is to be undertaken to be a vaccination zone and shall also declare a vaccination surveillance zone.

    (2) A declaration under paragraph (1) shall designate—

    (3) A vaccination surveillance zone declared under paragraph (1) shall extend from the vaccination zone for at least ten kilometres and otherwise shall be of such size as the Department considers fit to prevent the spread of disease.

    (4) If the Department decides to vary the place or geographical area where a programme of suppressive or protective vaccination is to be undertaken it shall amend the declaration under paragraph (1) so that the vaccination zone comprises the place or geographical area as varied.

Declaration of a vaccination surveillance zone on suppressive or protective vaccination in the Republic of Ireland
    
14. —(1) This regulation applies where a programme of vaccination is to be undertaken in the Republic of Ireland.

    (2) Where this regulation applies and any part of the programme of vaccination is to be undertaken within ten kilometres of the border with Northern Ireland, the Department shall declare a vaccination surveillance zone in Northern Ireland, of such size as it thinks fit to prevent the spread of disease.

    (3) Where this regulation applies and a zone having equivalent effect to a vaccination surveillance zone has been declared in the Republic of Ireland abutting the border with Northern Ireland, the Department may declare a vaccination surveillance zone in Northern Ireland.

    (4) Subject to paragraph (5), a vaccination surveillance zone declared under this regulation shall be of such size as the Department thinks fit to prevent the spread of disease.

    (5) A declaration under this regulation shall specify the extent of the vaccination surveillance zone and the Department shall ensure that any such zone—

Vaccination zones and vaccination surveillance zones: general provisions
    
15. —(1) Any premises which are partly inside and partly outside a vaccination zone shall be deemed to be wholly within it.

    (2) Any premises which are partly inside and partly outside a vaccination surveillance zone shall be deemed to be wholly within it (except premises which are also partly within a vaccination zone).

    (3) An area shall remain a vaccination zone or a vaccination surveillance zone (or part of one) until the Department—

    (4) Any amendment or revocation of a declaration creating a vaccination zone or a vaccination surveillance zone shall refer to that declaration and state the date and time it is to take effect.

    (5) Nothing in paragraph (1) shall deem any part of a premises lying outside Northern Ireland to be within a vaccination zone.

Power to vaccinate an animal
    
16. For the purpose of preventing the spread of disease the Department may cause the vaccination of any animal—

Identification of vaccinated animals
    
17. —(1) The Department shall provide to every person vaccinating an animal under regulation 16 or issued with a licence permitting suppressive vaccination or protective vaccination, sufficient eartags to affix an eartag to every animal which may be vaccinated under that licence.

    (2) Each eartag shall carry such information as the Department considers necessary to identify the animal to which it is affixed as a vaccinated animal.

    (3) Any person vaccinating an animal referred to in paragraph (1) shall—

    (4) Records shall be in a form approved by the Department.

    (5) Every person provided with eartags under this regulation shall return unused eartags to the Department on demand and without delay.

    (6) A person vaccinating an animal shall ensure that in the case of any animal to which paragraph (1) applies, the fact that the animal has been vaccinated shall inform the Department to enable the vaccination to be recorded on the Department's database.

Removal of eartags and missing eartags
    
18. —(1) A person shall not remove an eartag affixed under regulation 17.

    (2) Subject to paragraph (4), if the keeper of a vaccinated animal discovers that its eartag is missing he shall notify the Department in writing without delay.

    (3) On receipt of a notification under this regulation, the Department shall—

    (4) Any person who knows or suspects that an animal has been vaccinated but is not bearing an eartag or a mark applied under paragraph (3)(b) shall immediately notify the keeper of that animal and the Divisional Veterinary Officer.

Sale and slaughter of vaccinated animals
    
19. A person shall not sell a vaccinated animal or send such an animal for slaughter unless its bears an eartag affixed under these Regulations, or a mark applied under regulation 18(3)(b).

Failure to vaccinate animals specified for vaccination
    
20. —(1) Any person (other than an inspector) who knows or suspects that an animal has been specified for vaccination but was not vaccinated at the time when it should have been shall immediately notify the keeper of that animal and the Divisional Veterinary Officer.

    (2) If an inspector suspects that an animal has been specified for vaccination but was not vaccinated at the time it should have been he shall arrange for that animal to be vaccinated as soon as is reasonably practicable.

Carcases of animals specified for vaccination
    
21. —(1) If an inspector knows or suspects that a carcase is of a vaccinated animal and is intended for sale (whether before or after processing into any animal product), but is not being dealt with as the carcase of a vaccinated animal he may serve a notice on the person in charge of the carcase requiring him to arrange for its disposal.

    (2) If an inspector knows or suspects that a carcase is of an animal specified for vaccination which has not been vaccinated (whether before or after processing into any animal product), he shall serve a notice on the person in charge of the carcase requiring him to deal with it at all times as if it was the carcase of a vaccinated animal.

Time phases and measures applicable in respect of a vaccination zone
    
22. —(1) After 30 days have elapsed since all animals in a vaccination zone specified for vaccination in a decision to undertake a programme of vaccination have been vaccinated, the Department may declare the end of phase 1 and the commencement of phase 2 and the declaration shall specify the date and time it is to take effect.

    (2) On completion of the measures in sub-paragraphs (a) to (d) of regulation 24 in every reactor premises in a vaccination zone, the Department shall declare the end of phase 2 and the commencement of phase 3 and the declaration shall specify the date and time it is to take effect.

    (3) Notwithstanding paragraph (2), the Department may, before completion of those measures in every reactor premises, serve a notice on the occupier of any premises classified as free of disease under regulation 23(3) stating that it shall enter phase 3 and phase 3 shall be deemed to have commenced in respect of that premises on such service.

    (4) The Department may declare the end of phase 3 when it is satisfied that the disease has been eradicated in Northern Ireland.

    (5) Subject to regulation 24, the provisions of the Schedule apply in respect of a vaccination zone without prejudice to any requirements or restrictions applying in any part of it because that part falls within a protection zone or a surveillance zone.

Survey and classification of premises during phase 2
    
23. —(1) The Department shall ensure that during phase 2 a clinical and serological survey of all premises in the vaccination zone where a susceptible animal is kept is carried out in accordance with the method set out in paragraph (2).

    (2) The method referred to in paragraph (1) is that all susceptible animals in the vaccination zone are clinically inspected; and either—

    (3) The Department shall ensure that during phase 2 all premises in the vaccination zone where susceptible animals are kept are classified according to the outcome of the survey referred to in paragraph (1) and the criteria in Schedule 2 to the FMD Regulations—

    (4) Where premises are classified as reactor premises under paragraph (3)(b), the Department shall serve a notice on the occupier declaring the premises to be reactor premises.

    (5) Where premises are classified as free of disease under paragraph (3)(c), the Department shall serve a notice on the occupier declaring the premises to be free of disease.

    (6) A person carrying out a clinical examination or serological sampling shall do so in accordance with the requirements of Annex III of the Directive.

    (7) A person carrying out a diagnostic test shall do so in accordance with the requirements of Annex XIII of the Directive.

Measures applicable to reactor premises
    
24. The following measures apply to reactor premises—

Measures applying in a vaccination surveillance zone
    
25. —(1) A person shall not move any susceptible animal within or out of a vaccination surveillance zone except—

    (2) This regulation applies in addition to any requirements or restrictions applying in any part of a vaccination surveillance zone because that part falls within a protection zone or a surveillance zone.

Duty of the Department to erect signs
    
26. The Department shall ensure that the boundaries of every vaccination zone and vaccination surveillance zone are indicated by signs erected in a conspicuous position on all roads entering the zones on which it considers susceptible animals are likely to be moved.

Intra-Community trade of a vaccinated animal
    
27. A person shall not send any vaccinated animal for intra-Community trade.



PART III

GENERAL AND SUPPLEMENTARY PROVISIONS

Cleansing and disinfection of vehicles: provision of facilities, equipment and materials
    
28. —(1) A person carrying out disinfection or cleansing and disinfection under these Regulations shall do so in accordance with the requirements of the Transport of Animals (Cleansing and Disinfection) Order (Northern Ireland) 2000[17].

    (2) In addition to the requirements of paragraph (1);

    (3) Where cleansing and disinfection of vehicles is required at any premises by or under these Regulations, the occupier of those premises shall provide adequate facilities and proper equipment and materials for that cleansing and disinfection.

Marks applied under these Regulations
     29. A person shall not remove, obscure or erase a mark applied to any animal, animal product, vehicle or other thing under these Regulations without the written authority of an inspector.

Change of occupation of premises under restriction
    
30. —(1) This regulation applies if the keeper of any animal or poultry is unable to move it from premises on the termination of his right of occupation because of a restriction imposed by or under these Regulations and continues to apply for 7 days after the last restriction is removed.

    (2) Where this regulation applies, the person entitled to occupation of the premises on that termination shall—

    (3) If the keeper is unable or unwilling to feed or tend the animal or poultry, the person entitled to occupation of the premises shall take such steps as are necessary to ensure it is properly fed and tended.

    (4) The keeper of the animal or poultry is liable to pay any reasonable costs incurred by a person feeding or tending it under this regulation, or providing facilities for feeding, tending or otherwise using it under this regulation.

Reasonable assistance
    
31. A person required to give assistance or information to a person acting in the execution of these Regulations for the performance of his functions under them shall, unless he has reasonable cause, do so without delay.

False information
    
32. A person shall not furnish information which he knows to be false or misleading to a person acting in the execution of these Regulations.

Production of records
    
33. —(1) A person required to produce a record by a person acting in the execution of these Regulations shall do so without delay.

    (2) On production, a person acting in the execution of these Regulations may—

    (3) A person removing records under this regulation shall give a written receipt for them.

Compliance with notices and directions
    
34. —(1) A notice served under these Regulations shall be complied with at the expense of the person on whom it is served, except where otherwise provided in that notice.

    (2) A direction given under these Regulations shall be complied with at the expense of the person to whom it is given, except where otherwise provided in a written direction of the Department.

Slaughter of vaccinated animals
    
35. The power conferred by paragraph 3B of part 1 of Schedule 2 to the Order extends to taking any action—

Powers of inspectors
    
36. —(1) The following provisions of the Order shall apply as if these Regulations were an order made under the Order—

    (2) An inspector may stop, detain and inspect any vehicle to ascertain whether the provisions of any of these Regulations are being complied with within—

    (3) For the purpose of preventing the spread of disease an inspector may at any time enter any land or premises for the purpose of ascertaining whether a power conferred under these Regulations to cause an animal to be vaccinated should be exercised.

    (4) An inspector may at any time enter any land or premises for the purpose of ascertaining whether a power conferred under these Regulations to cause an animal to be slaughtered should be exercised.

Production of licences
    
37. Every person issued with a licence under these Regulations shall, while executing the licensed activity, carry the licence and produce it to an inspector on demand.

General powers of inspectors to take action to prevent the spread of disease
    
38. —(1) This regulation applies in every vaccination zone and vaccination surveillance zone.

    (2) Where this regulation applies, an inspector may, if he considers it necessary to prevent the spread of disease, require—

    (3) A notice under this regulation may contain such directions and conditions as the person serving it considers necessary to prevent the spread of disease.

Powers of inspectors in case of default
    
39. —(1) Where a person fails to comply with a requirement imposed by or under these Regulations, an inspector may take any steps he considers necessary to ensure the requirement is met.

    (2) Where a person acts in contravention of a requirement imposed by or under these Regulations, an inspector may take any steps he considers necessary to rectify the situation so as to prevent the spread of disease.

    (3) In taking steps under paragraphs (1) or (2) an inspector may seize and detain any animal moved, kept or otherwise dealt with in contravention of a restriction or requirement imposed by or under these Regulations.

    (4) In taking steps under paragraph (2), an inspector may direct any person to take or refrain from specified action in respect of any place, animal, poultry, vehicle, animal product or other thing.

    (5) The person in default shall reimburse any reasonable expenses incurred by the Department in taking such steps and any such amount is recoverable as a civil debt.

Enforcement, offences and proceedings
    
40. The following provisions of the Order shall apply as if these Regulations were an order made under the Order—

Offences: no knowledge of restriction or requirement
     41. A person shall not be guilty of failing to comply with a restriction or requirement which applies because of the declaration of—

if he shows to the court's satisfaction that he did not know of that restriction or requirement and that he could not with reasonable diligence have obtained knowledge of it.



Sealed with the Official Seal of the Department of Agriculture and Rural Development on


17th February 2006.

L.S.


Liam McKibben
A senior officer of the Department of Agriculture and Rural Development


SCHEDULE
Regulation 22(5)


MEASURES APPLICABLE IN RESPECT OF A VACCINATION ZONE




PART I

MOVEMENT OF SUSCEPTIBLE ANIMALS

Movement of a susceptible animal during phase 1
     1. —(1) During phase 1 a person shall not move any susceptible animal within or out of a vaccination zone except for movement wholly within the same premises or movement under the authority of a licence granted by the Department.

    (2) The Department shall not be grant a licence under sub-paragraph (1) except for—

    (3) The Department shall not grant a licence for transport under sub-paragraph (2)(a) unless—

Movement of a susceptible animal during phase 2
     2. —(1) During phase 2, a person shall not move any susceptible animal from or to any premises in a vaccination zone except under the authority of a licence granted by the Department.

    (2) The Department shall not be grant a licence under sub-paragraph (1) for the movement of animals from any reactor premises unless—

    (3) The Department shall not be grant a licence under sub paragraph (1) for any other movement of animals unless it is for—

    (4) A licence granted under this paragraph (other than a licence for movement under sub-paragraph (3)(b)) shall require that—

Movement of a susceptible animal during phase 3
     3. —(1) During phase 3, a person shall not move a susceptible animal within or out of a vaccination zone except for movement wholly within the same premises or movement under the authority of a licence granted by the Department.

    (2) The Department shall not be grant a licence under sub-paragraph (1) for the movement of animals out of a vaccination zone except where it is for the direct transport of animals from premises classified under regulation 23(3) as free of disease to a slaughterhouse for the purposes of immediate slaughter and it includes the conditions in sub-paragraph (3).

    (3) The conditions in this sub-paragraph are that—

    (4) The Department shall not be grant a licence under this paragraph for the movement of animals within a vaccination zone unless—

    (5) The conditions in this sub-paragraph are that—

    (6) The Department shall not be grant a licence under this paragraph for the movement of the unvaccinated offspring of a vaccinated dam unless either—

    (7) Where this sub-paragraph applies, during phase 3 a person shall not subsequently move any animal moved from those specified premises except for—

    (8) The occupier of a slaughterhouse to which susceptible animals are transported under the authority of a licence granted under this paragraph from premises classified as free of disease under regulation 23(3) shall ensure that—

Cleansing and disinfection of vehicles transporting susceptible animals
     4. —(1) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under paragraph 1, 2 or 3 shall—

    (2) Such cleansing and disinfection shall be undertaken—

    (3) Such cleansing and disinfection shall also be undertaken after loading and before leaving the premises of origin in respect of the wheels and wheel arches only of the vehicle to ensure they are clean on leaving the premises.

Production of licences and unloading after licensed movements
     5. —(1) This paragraph applies where any licence is granted for movement of a susceptible animal between premises under this Part, unless that licence provides otherwise.

    (2) Where this paragraph applies, a person shall not unload a susceptible animal on premises to which it is moved unless that person first gives the movement licence to the occupier of those premises.

    (3) Where this paragraph applies, the occupier of any premises to which a susceptible animal is moved shall—



PART II

FRESH MEAT,MINCED MEAT, MECHANICALLY SEPERATED MEAT AND MEAT PREPARATIONS

Fresh meat etc. derived from a vaccinated animal slaughtered during phase 1
     6. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from vaccinated animals slaughtered in a vaccination zone during phase 1.

    (2) A person shall not sell or consign for sale meat to which this paragraph applies unless it satisfies the following requirements—

Fresh meat etc. derived from a vaccinated ruminant slaughtered during phase 2
     7. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from a vaccinated ruminant slaughtered in a vaccination zone during phase 2.

    (2) A person shall not sell or consign for sale offal to which this paragraph applies.

    (3) A person shall not sell or consign for sale meat other than offal to which this paragraph applies unless it has been produced in an establishment which—

    (4) Meat falls within this sub-paragraph if—

Fresh meat etc. from vaccinated swine slaughtered during phase 2
     8. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from vaccinated swine slaughtered in a vaccination zone during phase 2.

    (2) A person shall not sell or consign for sale meat to which this paragraph applies unless it satisfies the following requirements—

Fresh meat etc. derived from an unvaccinated susceptible animal slaughtered in a vaccination zone during phase 3
     9. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from an unvaccinated susceptible animal slaughtered in a vaccination zone during phase 3.

    (2) A person shall not sell or consign for sale meat to which this paragraph applies unless—

    (3) Transport complies with this sub-paragraph if it satisfies the following requirements—

    (4) Transport complies with this sub-paragraph if each animal transported has either—

    (5) An establishment complies with this paragraph if it—

    (6) Meat falls within this sub-paragraph if—

Fresh meat etc. derived from a vaccinated ruminant and the unvaccinated seropositive offspring of a vaccinated ruminant dam slaughtered during phase 3
     10. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from the following animals slaughtered in a vaccination zone during phase 3—

    (2) A person shall not sell or consign for sale offal to which this paragraph applies.

    (3) A person shall not sell or consign for sale meat, other than offal, to which this paragraph applies unless it complies with sub-paragraph (4) or it was produced in an establishment complying with sub-paragraph (5).

    (4) Meat complies with this sub-paragraph if it satisfies the following requirements—

    (5) An establishment complies with this sub-paragraph if it—

    (6) Meat falls within this sub-paragraph if—

Fresh meat etc. derived from vaccinated swine and the unvaccinated seropositive offspring of vaccinated swine slaughtered during phase 3
     11. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from the following animals slaughtered in a vaccination zone during phase 3—

    (2) A person shall not sell or consign for sale meat to which this paragraph applies unless it complies with sub-paragraph (3) or it was produced in an establishment complying with sub-paragraph (4).

    (3) Meat complies with this sub-paragraph if it satisfies the following requirements—

    (4) An establishment complies with this sub-paragraph if it—

    (5) Meat falls within this sub-paragraph if it comes from animals—



PART III

PRODUCTS OTHER THAN FRESH MEAT ETC.

Milk and milk products produced from a vaccinated animal
     12. —(1) A person shall not sell or consign for sale the milk produced by a vaccinated animal or any milk product produced from such milk unless it complies with sub-paragraph (2).

    (2) Milk and milk products comply with this sub-paragraph if—

    (3) Premises comply with this sub-paragraph if they satisfy the following requirements—

Collection, transport and processing of milk produced in a vaccination zone
     13. —(1) A person shall not collect and transport milk produced in a vaccination zone unless such transport complies with sub-paragraph (2) and is carried out in a vehicle which complies with sub-paragraph (3).

    (2) Transport complies with this sub-paragraph if it is—

    (3) A vehicle complies with this sub-paragraph if it—

    (4) A licence granted under paragraph (2)(b) shall specify the route to be taken and shall include—

    (5) Any person transporting milk under the authority of a licence granted under paragraph (2)(b) shall ensure that—

    (6) A person shall not process milk transported under sub-paragraph (2) except under the authority of a licence granted by an inspector.

Artificial insemination and collection of ova and embryos
     14. —(1) A person shall not collect semen for artificial insemination from a susceptible animal kept in a semen collection centre in a vaccination zone unless such collection complies with sub-paragraph (3) and either sub-paragraph (4) or (5).

    (2) A person shall not collect ova or embryos from susceptible animals kept in a vaccination zone.

    (3) Collection of semen for artificial insemination complies with this sub-paragraph if—

    (4) Collection of semen for artificial insemination complies with this sub-paragraph if—

    (5) Collection of semen for artificial insemination complies with this sub-paragraph if—

    (6) A person shall not use semen collected in compliance with this paragraph for artificial insemination unless—

Hides and skins
     15. —(1) This paragraph applies to hides and skins of susceptible animals originating in a vaccination zone.

    (2) A person shall not sell or consign for sale any animal product to which this paragraph applies unless either—

Wool, ruminant hair and pig bristles
     16. —(1) This paragraph applies to wool, ruminant hair and pig bristles from animals originating in a vaccination zone.

    (2) A person shall not sell or consign for sale any animal product to which this paragraph applies unless either—

Other animal products
     17. —(1) This paragraph applies to any animal product other than—

if it is produced from susceptible animals originating in a vaccination zone.

    (2) A person shall not sell or consign for sale an animal product to which this paragraph applies unless it satisfies one of the following requirements—

    (3) In this paragraph—

    (4) In this paragraph, the expressions "susceptible animals originating in" in respect of a protection zone or a surveillance zone, or "susceptible animals originating on" in respect of infected premises mean—

    (5) In this paragraph, the expressions "susceptible animals originating in" in respect of a temporary control zone, or "susceptible animals originating on" in respect of suspect premises or contact premises mean—

    (6) In this paragraph, "infection date" means, in respect of any premises, the date confirmed by the Chief Veterinary Officer under regulation 11(10) of the FMD Regulations.

Transport, treatment and distribution of dung, manure and slurry
     18. —(1) This paragraph applies to dung, manure or slurry from premises in a vaccination zone where a susceptible animal is kept.

    (2) A person shall not transport or spread dung, manure or slurry from premises in a vaccination zone where susceptible animals are kept unless such transport complies with sub-paragraph (3), (5) or (7), and with sub-paragraph (10).

    (3) Transport of dung, manure or slurry complies with this sub-paragraph where it is to an establishment for treatment to destroy the disease virus and is under the authority of a licence granted by the Department.

    (4) The occupier of any premises to which dung, manure or slurry is transported by authority of a licence granted under sub-paragraph (3) shall ensure that it is treated in accordance with point 5 of Section II in Part A of Annex VIII to Regulation (EC) No 1774/2002.

    (5) Transport of dung, manure or slurry complies with this sub-paragraph if—

    (6) A person shall not spread dung, manure or slurry to which this paragraph applies unless such spreading is authorised by an inspector and the dung, manure or slurry—

    (7) Transport of dung, manure or slurry complies with this sub-paragraph if—

    (8) A person shall not spread dung, manure or slurry transported by authority of a licence granted under sub-paragraph (7) unless such spreading is authorised by a licence granted by an inspector and the dung, manure or slurry is injected into the ground.

    (9) Any licence granted under sub-paragraph (5), (7) or (8) shall contain at least the following terms—

    (10) Transport of dung, manure or slurry complies with this sub-paragraph if it is carried out in a vehicles which is—

    (11) After transporting dung or manure under this paragraph, the person in charge of the vehicle shall ensure it is cleansed and disinfected after unloading or spreading and before leaving the premises of destination.

    (12) The person in charge of a vehicle to be cleansed and disinfected under sub-paragraph (10) or (11) shall ensure that such cleansing and disinfection is carried out so that—



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations transpose for Northern Ireland Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease (O.J. No. L306, 22.11.2003, p. 1) insofar as it deals with vaccination against foot-and-mouth disease.

Part 1 of the Regulations contains introductory and interpretation provisions.

Part 2 makes provision for a programme of vaccination against foot-and-mouth disease.

Regulation 8 requires vaccination to be carried out under licence unless it is carried out as scientific research.

Regulation 9 sets out the factors the Department must consider when deciding whether to permit vaccination and regulation 10 requires such a decision to be in writing and to contain specified information.

Regulation 11 provides for the effect of a licence permitting vaccination.

Regulation 12 requires keepers of animals to facilitate their vaccination and controls movement of animals from premises where vaccination is being undertaken.

Regulations 13 to 25 apply when a programme of protective vaccination (defined in regulation 2, commonly referred to as "vaccination to live") is undertaken. They provide for the declaration of a vaccination zone and a vaccination surveillance zone. Regulation 22 and the Schedule provide for the measures applying in a vaccination zone. These vary according to the phase of the vaccination programme; the commencement and ending of phases are also provided for in regulation 22. Regulation 25 provides for the measures applying in a vaccination surveillance zone.

Regulation 17 provides for identification of vaccinated animals by means of an eartag at the time of vaccination. Regulation 18 provides for removal of eartags and missing eartags. Regulation 19 prohibits the sale or sending for slaughter of a vaccinated animal unless it is identified as such. Regulations 20 and 21 provides for animals which were to have been included in a vaccination programme but were not vaccinated and for their carcases. Regulation 21 also makes provision for the treatment of carcases which come from a vaccinated animal but are not being dealt with accordingly.

Regulation 23 provides for the survey of premises during phase 2 of a programme of protective vaccination and their classification according to the results of that survey.

Regulation 26 requires the Department to erect signs indicating the boundaries of vaccination zones and vaccination surveillance zones.

Regulation 27 prohibits the sending of vaccinated animals for intra-Community trade.

Part 3 makes general and supplementary provisions.

Regulation 28 requires occupiers to provide facilities, equipment and materials where cleansing and disinfection of vehicles is required on their premises.

Regulation 29 makes provision to maintain marks applied under the Regulations.

Regulation 30 provides for the feeding and tending of animals or poultry which cannot be moved on termination of a right of occupation because of a restriction imposed by the Regulations.

Regulation 38 confers general powers on an inspector to take action to prevent the spread of disease.


Notes:

[1] The Department of Agriculture for Northern Ireland: was renamed the Department of Agriculture and Rural Development by Article. 3(4) of the departments Order 1999 (S.I. 1999/283 (N.I.))back

[2] 1972 c.68back

[3] O.J. No. L2001, 11.8.2000, p. 1back

[4] O.J. No. L139, 30.4.2004, p. 206. The revised text of the Regulation is contained in a corrigendum (O.J. No. L226, 25.6.2004, p83)back

[5] O.J. No. L139, 30.4.2004, p. 55. The revised text of the Regulation is contained in a corrigendum (O.J. No. L226, 25.6.2004, p22)back

[6] S.I. 1981/1115 (N.I.22) as amended by S.I. 1984/702 (N.I.2) Article 17, S.I. 1994/1891 (N.I.6) Articles 20 and 23, S.R. 1994 No. 11, S.R. 2004 No.362 and S.R. 2006 No. 41back

[7] S.R. 2005 No.42back

[8] O.J. No. L165, 30.4.2004, p. 1. The revised text of the Regulation is contained in a corrigendum (O.J. No. L191, 28.5.2004, p.1)back

[9] S.R. 2006 No. 3back

[10] S.R. 1995 No. 396 as amended by S.R. 1997 No. 496, S.R. 1998 No. 237, S.R. 2000 No. 78, S.R. 2000 No. 191 and S.R 2002 No. 217back

[11] 1954 c. 33 (N.I.)back

[12] S.R. 1972 No. 16 as amended by SR&O 1975 No.69, S.R. 1995 No.467 and S.R. 2006 No.42back

[13] S.R. 1999 No. 434back

[14] S.I. 2005/2745back

[15] S.R. 2005 No. 78 as amended by S.R. 2005 No. 446back

[16] O.J. No. L306, 22.11.2003, p1back

[17] S.R. 2000 No. 293back

[18] S.R. 1989 No.5back

[19] S.R. 1999 No.434back



ISBN 0 337 96356 8


 © Crown copyright 2006

Prepared 24 February 2006


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