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Statutory Instruments made by the National Assembly for Wales


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STATUTORY INSTRUMENTS


2006 No. 1762 (W. 184)

ANIMALS, WALES

ANIMAL HEALTH, WALES

The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) Order 2006

  Made 5 July 2006 
  Coming into force 6 July 2006 


CONTENTS


PART 1

Introduction
1. Title, application and commencement
2. Interpretation
3. Scope of the Act and of this Order
4. Declarations, licences, notices and designations under this Order
5. Controlled zones

PART 2

Preventive measures
6. Measures to reduce the risk of transmission of avian influenza
7. Surveillance for avian influenza

PART 3

Measures on suspicion of avian influenza
8. Disapplication of measures to regulated places
9. Notification procedures and precautions to be taken where avian influenza is suspected
10. Notice of restrictions where avian influenza is suspected on premises
11. Derogations from restrictions applicable at suspect premises
12. Veterinary inquiries and sampling
13. Measures to minimise the risk of the spread of avian influenza from suspect premises
14. Restrictions where avian influenza is suspected in transit
15. Measures in a temporary movement restriction zone
16. Additional restrictions at suspect premises
17. Declaration of a temporary control zone around the suspect premises

PART 4

Measures on confirmation of highly pathogenic avian influenza at premises other than regulated places
18 Disapplication of measures to regulated places
19. Restrictions on confirmation of highly pathogenic avian influenza
20. Killing of birds on premises
21. Movement of birds off premises for slaughter
22. Measures on special category premises
23. Tracing of meat and eggs from infected premises
24. Measures when meat and eggs have been traced
25. Veterinary inquiry at infected premises
26. Identification of contact premises
27. Restrictions at contact premises
28. Declaration of protection, surveillance and restricted zones
29. Size of zones
30. Measures in protection zones
31. Measures in surveillance zones
32. Restrictions on trade in things from areas where measures have been disapplied
33. Alternative measures where avian influenza is confirmed at a hatchery or in other captive birds on special category premises
34. Measures in restricted zones
35. Additional measures in protection, surveillance and restricted zones
36. Ending of protection, surveillance and restricted zones

PART 5

Measures on suspicion or confirmation of highly pathogenic avian influenza in regulated places and vehicles
37. Veterinary measures at slaughterhouses
38. Veterinary measures where avian influenza is suspected or confirmed in vehicles
39. Killing of birds in slaughterhouses where disease is suspected or confirmed
40. Poultry meat and by-products in slaughterhouses where disease is suspected or confirmed
41. Measures at border inspection posts
42. Measures if avian influenza is suspected or confirmed in a vehicle
43. Cleansing and disinfection of regulated places and vehicles
44. Reintroduction of poultry and other captive birds
45. Measures at other premises

PART 6

Measures on confirmation of low pathogenic avian influenza
46. Measures when low pathogenic avian influenza is confirmed
47. Killing of poultry and other captive birds
48. Movement of eggs from premises where low pathogenic avian influenza is confirmed
49. Veterinary surveillance of poultry
50. Measures on special category premises
51. Veterinary surveillance of birds
52. Tracing of poultry and eggs
53. Identification of contact premises
54. Restrictions at contact premises
55. Declaration of a low pathogenic avian influenza restricted zone
56. Size of zones
57. Measures in low pathogenic avian influenza restricted zones

PART 7

Measures to reduce the risk of the spread of influenza viruses of avian origin to other species
58. Tests on animals at premises where avian influenza is confirmed
59. Killing of mammals
60. Movements off the premises
61. Measures at other premises
62. Additional measures to control the spread of virus in mammals

PART 8

General measures on suspicion or confirmation of avian influenza
63. Treatment, labelling and movement of meat from poultry from a protection zone
64. Poultry moved to premises outside controlled zones other than for slaughter
65. Movements to egg processing plants
66. Cleansing, disinfection and treatment
67. Restocking
68. Surveillance at restocked commercial poultry premises
69. Additional measures at restocked commercial poultry premises
70. Measures at other restocked premises
71. Designation of premises to which things may be moved
72. Duty to provide reasonable assistance
73. Provision of information
74. Records of movements authorised by general licence
75. Retention and production of records
76. Duty to comply with declarations, licences and notices
77. Costs of compliance
78. Killing of birds and destruction of things which may be contaminated
79. Duty of the local authority to erect signs

PART 9

Inspection, enforcement, offences, amendments and revocations
80. Redirection of mammals, birds and eggs in transit
81. Veterinary investigations
82. Inspection of vehicles
83. General powers of inspectors
84. Powers of inspectors in case of default
85. Offences by bodies corporate
86. Ignorance of restriction or requirement
87. Enforcement
88. Revocations and amendments

  SCHEDULE 1 — Measures where avian influenza or avian influenza virus is suspected on premises

  SCHEDULE 2 — Measures on premises where highly pathogenic avian influenza is confirmed

  SCHEDULE 3 — Cleansing and disinfection of premises other than regulated places and of any thing (including any vehicle) on those premises
 Part 1 — General procedures for cleansing, disinfection and treatment
 Part 2 — Specific procedures for the cleansing and disinfecting of infected premises
 Part 3 — Disinfection of contaminated litter, manure and slurry

  SCHEDULE 4 — Measures in a protection zone

  SCHEDULE 5 — Measures in a surveillance zone

  SCHEDULE 6 — Measures when low pathogenic avian influenza is confirmed
 Part 1 — Measures on premises where low pathogenic avian influenza is confirmed
 Part 2 — Criteria to be considered by the National Assembly before permitting movements from premises where low pathogenic avian influenza has been confirmed

  SCHEDULE 7 — Measures in a low pathogenic avian influenza restricted zone

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 1, 7(1), 7(2), 8(1), 11, 13, 15(5), 17(1), 23, 25, 28, 32(2), 35(1), 35(3), 38(1), 65A(3), 83(2), 87(2) and (5)(a) and 88(4) of the Animal Health Act 1981[
1], makes the following Order:



PART 1

Introduction

Title, application and commencement
     1. —(1) The title of this Order is the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) Order 2006.

    (2) This Order applies in relation to Wales and comes into force on 6 July 2006.

Interpretation
    
2. In this Order—

Scope of the Act and of this Order
     3. —(1) For the purposes of the Act in its application to avian influenza and to this Order—

    (2) Section 32 of the Act applies to any infection in mammals caused by influenza virus of avian origin.

    (3) This Order does not apply to anything done in accordance with a licence under the Specified Animal Pathogens Order 1998[
5].

Declarations, licences, notices and designations under this Order
     4. —(1) Declarations under this Order—

    (2) Licences under this Order—

    (3) Notices under this Order—

    (4) Designations under this Order—

    (5) The National Assembly must take such steps as it considers fit to ensure that declarations, licences, notices and designations are brought to the attention of those who may be affected by them as soon as is reasonably practicable.

    (6) The National Assembly must, in particular, ensure that the extent of any zone declared under this Order, the nature of the restrictions and requirements applicable within it and the dates of its declaration and withdrawal are publicised.

    (7) Except as otherwise directed by the National Assembly in a declaration of a controlled zone or by notice to the licence holder—

    (8) A person moving anything under the authority of a specific licence granted under this Order must—

    (9) A person moving anything under the authority of a general licence granted under this Order must—

    (10) Unless the National Assembly declares otherwise in a declaration of a controlled zone or by notice to the occupier of any premises or to the owner or occupier of any vehicle, any movement which has already started when such a declaration comes into force may be completed.

Controlled zones
    
5. —(1) Subject to paragraph (2), premises which are only partly in a controlled zone are deemed to be wholly within the controlled zone.

    (2) Premises in any controlled zone which are partly in one of the following zones and partly in another are deemed to be wholly in the zone furthest up the following list—

    (3) Every controlled zone (other than an avian influenza prevention zone) is an infected area for the purposes of the Act.



PART 2

Preventive measures

Measures to reduce the risk of transmission of avian influenza
    
6. —(1) If the National Assembly considers it necessary (having carried out a risk assessment) to reduce the risk of transmission of avian influenza to poultry or other captive birds from wild birds or from any other source, it must do one or more of the following—

    (2) The National Assembly must, in its declaration of an avian influenza prevention zone or in the notice, impose such restrictions and requirements as it considers necessary to reduce the risk of transmission of avian influenza and must consider, in particular, the measures necessary—

    (3) The National Assembly's powers under paragraph (2) include powers—

Surveillance for avian influenza
    
7. —(1) The National Assembly must carry out surveillance at such premises and of such birds as it considers necessary—

    (2) The National Assembly must give notice to the occupier of premises selected by it for the purposes of such a survey.



PART 3

Measures on suspicion of avian influenza

Disapplication of measures to regulated places
    
8. Articles 10 to 17 do not apply to regulated places.

Notification procedures and precautions to be taken where avian influenza is suspected
    
9. —(1) A person who has in his or her possession or under his or her charge any bird or carcase which has, or which he or she suspects may have, avian influenza must—

    (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 avian influenza in the bird, carcase or sample must immediately inform the Divisional Veterinary Manager.

Notice of restrictions where avian influenza is suspected on premises
    
10. —(1) If an inspector suspects that avian influenza or avian influenza virus exists on any premises or has existed there within 56 days (whether or not notification has been made under article 9), he or she must serve a notice on the occupier of the premises requiring him or her to comply with such of the restrictions and requirements set out in Schedule 1 as are specified in the notice.

    (2) An inspector must not withdraw the notice of restrictions unless instructed to do so by the Chief Veterinary Officer.

    (3) An inspector must also notify the occupier of any additional measures which the National Assembly considers should apply to the premises in exercise of its powers under article 13(b).

Derogations from restrictions applicable at suspect premises
    
11. —(1) A veterinary inspector or an inspector acting under his or her authority may, in a notice served under article 10 or by licence, grant derogations from paragraphs 2 to 4 of Schedule 1.

    (2) The National Assembly must not grant such a derogation unless it has considered—

    (3) A veterinary inspector (or an inspector acting under the authority of a veterinary inspector) may, in a notice served under article 10 or by licence, also grant a derogation from the disinfection requirement in paragraph 9 of Schedule 1, but must not do so unless—

Veterinary inquiries and sampling
    
12. —(1) The National Assembly must, if it suspects that poultry or other captive birds on or moved from premises the subject of a notice under article 10 may be infected with avian influenza, ensure that a veterinary inquiry is started at those premises as soon as reasonably practicable to ascertain whether the disease exists or has existed there.

    (2) The National Assembly must, if it authorises a veterinary inspector or another veterinary surgeon to take samples from poultry or other captive birds on other premises or other than for the purposes of such a veterinary inquiry, direct (by notice to the occupier of the premises) whether any of the requirements set out in Schedule 1 apply to the premises where the samples are taken.

Measures to minimise the risk of the spread of avian influenza from suspect premises
    
13. The National Assembly must, if it considers it necessary to minimise the risk of the spread of avian influenza or of avian influenza virus from suspect premises in England, Wales, Scotland or Northern Ireland, take one or more of the following measures—

Restrictions where avian influenza is suspected in transit
    
14. A person exercising powers under articles 10 to 13 must take into account any measures taken in respect of vehicles under articles 38, 42, 43 and 45.

Measures in a temporary movement restriction zone
    
15. —(1) The National Assembly must, in a declaration of a temporary movement restriction zone (and in relation to such part or parts of the zone as it thinks fit), ban or restrict the movement of such of the following as it considers necessary—

    (2) If the National Assembly bans or restricts the movement of mammals within a temporary movement restriction zone, it must lift the ban or restriction within 72 hours of it being declared unless it is satisfied that its continuation is necessary to minimise the risk of the spread of avian influenza (notwithstanding any continuing restrictions on the movement of other things listed in paragraph (1)).

    (3) If the National Assembly imposes restrictions on the movement of mammals beyond 72 hours from when they were originally declared, it must review its decision to impose such restrictions a maximum of 72 hours after each renewal.

Additional restrictions at suspect premises
    
16. In a notice served under article 13(b), the National Assembly must specify—

Declaration of a temporary control zone around the suspect premises
    
17. The National Assembly must in a declaration of a temporary control zone (in relation to premises in such part or parts of the zone as it thinks fit), impose such measures as it considers necessary to reduce the risk of the spread of avian influenza.



PART 4

Measures on confirmation of highly pathogenic avian influenza at premises other than regulated places

Disapplication of measures to regulated places
    
18. This Part does not apply to regulated places.

Restrictions on confirmation of highly pathogenic avian influenza
    
19. If the Chief Veterinary Officer confirms that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists on any premises, a veterinary inspector must (by notice to the occupier of the infected premises), impose, in addition to the restrictions and requirements set out in Schedule 1, the restrictions and requirements contained in Schedule 2.

Killing of birds on premises
    
20. The National Assembly must, subject to article 21, ensure that poultry and other captive birds to be killed under paragraph 5 of Schedule 3 to the Act are killed without delay on the premises where they are kept.

Movement of birds off premises for killing
    
21. If the National Assembly considers that killing birds off suspect premises would limit the risk of the spread of avian influenza more effectively, it may—

Measures on special category premises
    
22. —(1) The National Assembly must not license the movement from special category premises of birds not killed under paragraph 5 of Schedule 3 to the Act unless it is satisfied, following tests on the birds, that they are not infectious.

    (2) A veterinary inspector must not license a movement to another member State unless the movement is authorised by the competent authority of that member State.

    (3) The following are special category premises—

Tracing of meat and eggs from infected premises
    
23. —(1) The National Assembly must (subject to paragraph (2)) endeavour to trace from infected premises—

    (2) The National Assembly need not trace meat or poultry eggs moved from retail premises.

    (3) "Unregulated period of infection" means the period from the date when, in the opinion of a veterinary inspector, avian influenza may first have been introduced to premises to the date when restrictions were imposed in relation to the premises under article 9.

Measures when meat and eggs have been traced
    
24. —(1) The National Assembly must ensure that any meat traced from infected premises in accordance with article 23 is destroyed.

    (2) The National Assembly must—

    (3) A person moving eggs under a licence granted under sub–paragraph (2)(a) must ensure that—

    (4) No person is to tamper with a seal attached under sub-paragraph (3)(a) or remove it before the consignment arrives at the premises.

Veterinary inquiry at infected premises
    
25. The National Assembly must ensure that veterinary inquiries continue at all infected premises for such period as it considers necessary.

Identification of contact premises
    
26. —(1) The National Assembly must serve a notice on the occupier of any premises if it suspects—

    (2) Premises in respect of which a notice is served under this article are contact premises.

Restrictions at contact premises
    
27. —(1) The provisions of Schedule 1 apply to contact premises until the National Assembly notifies the occupier that those restrictions are withdrawn or that the premises are infected premises.

    (2) The National Assembly may, by notice to the occupier of contact premises, also require the occupier to comply with one or more of the requirements of Schedule 2.

    (3) When considering whether to require an occupier to comply with any of the requirements of Schedule 2, the National Assembly must take at least the following criteria into account—

    (4) When considering the proximity of the contact premises to infected premises under sub-paragraph (3)(f), the National Assembly must give particular consideration to whether it should impose measures on premises which are—

    (5) When considering epidemiological links between the contact premises and infected premises in accordance with sub-paragraph (3)(g), the National Assembly must give particular consideration to whether it should impose measures on premises with links to more than one infected premises.

    (6) If the National Assembly requires poultry or other captive birds on a contact premises to be killed, it must ensure that samples are taken from the dead birds and tested for avian influenza.

Declaration of protection, surveillance and restricted zones
    
28. —(1) The National Assembly must, on confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza on premises in Wales, declare a protection zone and a surveillance zone around the infected premises.

    (2) The National Assembly must, on confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza in an area of England which is 3 kilometres or less from Wales, declare a protection zone and a surveillance zone in Wales.

    (3) The National Assembly must, on confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza in an area of England which is more than 3 and up to 10 kilometres from Wales—

    (4) The National Assembly may declare protection and surveillance zones in Wales on confirmation by the Chief Veterinary Officer of highly pathogenic avian influenza in an area of England or Scotland which is more than 10 kilometres from Wales.

    (5) The National Assembly must, if it considers it necessary to reduce the risk of the spread of avian influenza, declare one or more restricted zones in addition to protection and surveillance zones.

    (6) Paragraphs (1), (2) and (3) do not affect the power of the National Assembly to disapply measures or to apply alternative measures under articles 30(2), 31(2) and 33.

Size of zones
    
29. —(1) A protection zone declared under paragraphs (1), (2) or (3) of article 28 must—

    (2) A surveillance zone declared under paragraphs (1), (2) or (3) of article 28 must—

    (3) A restricted zone must—

    (4) The National Assembly must take account of the criteria set out in paragraph (5) when deciding—

    (5) The criteria referred to in paragraph (4) are—

    (6) Protection zones and surveillance zones declared under paragraph (4) of article 28 must be centred on the part of the premises which the National Assembly considers most appropriate, given the nature of the outbreak, and must be of such size as it considers necessary to reduce the risk of the spread of avian influenza.

Measures in protection zones
    
30. —(1) The measures in Schedule 4 apply in respect of a protection zone, subject to paragraph (2) and articles 33 and 35.

    (2) The National Assembly may in its declaration of the protection zone, if it has carried out a risk assessment and does not believe that to do so would endanger disease control—

    (3) The National Assembly must ensure that—

    (4) The National Assembly may, notwithstanding sub-paragraph (3)(b), authorise a reduced level of surveillance to that provided for in that sub-paragraph—

    (5) The National Assembly must ensure that such veterinary inquiries as it considers necessary to monitor for avian influenza are carried out at premises to which things are moved within and out of a protection zone.

Measures in surveillance zones
    
31. —(1) The measures in Schedule 5 apply in respect of a surveillance zone, subject to paragraph (2) and articles 33 and 35.

    (2) The National Assembly may, if it has carried out a risk assessment and does not believe that to do so would endanger disease control—

    (3) The National Assembly must ensure that all commercial poultry premises within a surveillance zone are identified as soon as possible.

Restrictions on trade in things from areas where measures have been disapplied
    
32. No person is to allow any poultry, other captive bird, hatching egg, used litter, manure or slurry from premises in respect of which any of the measures in Schedule 4 or 5 have been disapplied under articles 30 or 31 to be supplied for intra-Community or international trade, unless licensed by a veterinary inspector.

Alternative measures where avian influenza is confirmed at a hatchery or in other captive birds on special category premises
    
33. —(1) If the National Assembly is satisfied, following confirmation of highly pathogenic avian influenza at a hatchery or in other captive birds on special category premises, that applying less stringent measures than those set out in articles 28 to 31 would not endanger disease control, it may decide—

    (2) The National Assembly must carry out a risk assessment before reaching a decision under paragraph (1).

Measures in restricted zones
    
34. —(1) The National Assembly must, in a declaration of a restricted zone under article 28(5), apply, in each zone so declared, such measures as it considers necessary to reduce the risk of the spread of avian influenza.

    (2) These measures may include some or all of the measures set out in Schedules 4 and 5 and article 35.

Additional measures in protection, surveillance and restricted zones
    
35. —(1) The National Assembly must, if it considers it necessary to reduce the risk of the spread of avian influenza, impose (by declaration) measures additional to those set out in Schedules 4 and 5.

    (2) The National Assembly's power to declare additional measures includes the power to prohibit or restrict—

    (3) The power to prohibit or restrict movement under paragraph (2)(c) applies only in relation to a protection zone and does not include a power to prohibit or restrict movement onto premises by—

    (4) An inspector must cause a notice of a prohibition declared in accordance with paragraph (2)(c) ("a prohibition notice") to be displayed at every entrance to the prohibited place.

Ending of protection, surveillance and restricted zones
    
36. —(1) The National Assembly may, by declaration, end a protection zone but must not, in the case of a protection zone declared under paragraph (1), (2) or (3) of article 28 do so until—

    (2) On the ending of any protection zone, the area which formed that protection zone must become part of the associated surveillance zone.

    (3) The National Assembly may, by declaration, end a surveillance zone but, in the case of a zone declared under paragraphs (1), (2) or (3) of article 28, must not do so until at least 30 days have elapsed since the completion at all infected premises in the zone of the preliminary cleansing and disinfection measures referred to in Part 2 of Schedule 3.



PART 5

Measures on suspicion or confirmation of highly pathogenic avian influenza in regulated places and vehicles

Veterinary measures at slaughterhouses
    
37. —(1) The National Assembly must, if it suspects that highly pathogenic avian influenza exists at any slaughterhouse or has confirmed that it exists there—

    (2) No person is to move poultry from any slaughterhouse where highly pathogenic avian influenza is suspected or has been confirmed.

Veterinary measures where avian influenza is suspected or confirmed in vehicles
    
38. —(1) The National Assembly must, if it suspects that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists in any vehicle or has confirmed that it exists there—

    (2) An inspector who knows or suspects that any poultry or other captive birds in transit are infected or contaminated with avian influenza may serve a notice on the keeper of the bird—

    (3) Any expenses arising from the transport of any bird (including feeding, watering and any other expenses incurred in relation to the welfare of the bird) must be paid by its owner.

Killing of birds in slaughterhouses where disease is suspected or confirmed
    
39. The occupier of a slaughterhouse where highly pathogenic avian influenza is suspected or confirmed must ensure that all poultry present on the premises at the date a notice is served on him or her under article 37(1) are killed there without delay and in accordance with a veterinary inspector's instructions.

Poultry meat and by-products in slaughterhouses where disease is suspected or confirmed
    
40. —(1) The occupier of a slaughterhouse where highly pathogenic avian influenza is suspected or confirmed must, in accordance with a veterinary inspector's instructions—

    (2) Paragraph (1) applies to poultry moved to a slaughterhouse—

    (3) The occupier of a slaughterhouse where highly pathogenic avian influenza is confirmed must, in accordance with the National Assembly's instructions, dispose of the things set out in sub-paragraph (1)(b) or assist a veterinary inspector in removing those things from the premises.

Measures at border inspection posts
    
41. —(1) The National Assembly must, if it considers it necessary to reduce the risk of the spread of disease—

    (2) The National Assembly must, by notice to the occupier of the border inspection post, direct where birds specified in the notice are to be killed, slaughtered or isolated.

    (3) The National Assembly must ensure that poultry and other captive birds at border inspection posts which are to be killed under paragraph 5 of Schedule 3 to the Act are killed or slaughtered without delay.

    (4) The National Assembly must ensure that poultry and other captive birds which are not to be so killed or slaughtered are kept isolated in accordance with a veterinary inspector's instructions.

Measures if avian influenza is suspected or confirmed in a vehicle
    
42. The National Assembly must, by notice to the owner or driver of any vehicle transporting birds which are suspected or confirmed as having highly pathogenic avian influenza, direct where birds specified in the notice are to be moved to be killed, slaughtered or isolated.

Cleansing and disinfection of regulated places and vehicles
    
43. —(1) The occupier of any regulated place where highly pathogenic avian influenza is suspected or confirmed must cleanse and disinfect those premises and any equipment and vehicles on those premises which may be contaminated in accordance with a veterinary inspector's instructions.

    (2) The owner or driver of any vehicle on which highly pathogenic avian influenza is suspected or confirmed must cleanse and disinfect the vehicle in accordance with a veterinary inspector's instructions.

Reintroduction of poultry and other captive birds
    
44. —(1) No person is to reintroduce poultry to a slaughterhouse where highly pathogenic avian influenza was suspected or confirmed until an inspector has confirmed that the cleansing and disinfection referred to in article 43 has been carried out.

    (2) No person is to reintroduce poultry or other captive birds to a border inspection post where highly pathogenic avian influenza was suspected or confirmed until an inspector has confirmed that the cleansing and disinfection referred to in article 43 has been carried out.

    (3) The National Assembly may, by notice to the occupier of such a border inspection post, and if it considers it necessary to reduce the risk of the spread of avian influenza, prohibit the introduction of animals other than birds onto the premises until such cleansing and disinfection has been carried out.

Measures at other premises
    
45. —(1) The National Assembly must, if it suspects that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists at any slaughterhouse or in any vehicle or has confirmed that it exists there—

    (2) The National Assembly must, if it suspects that highly pathogenic avian influenza exists at any border inspection post or has confirmed that it exists there, apply the measures set out in Schedule 1 to premises which it considers to be suspect premises (because of their epidemiological link with the border inspection post).

    (3) The Chief Veterinary Officer must apply measures under this article by notice to the occupier of the relevant premises.

    (4) In this article, "premises of origin" means any premises from which poultry or other captive birds which may be infected were moved to the slaughterhouse or on the vehicle.



PART 6

Measures on confirmation of low pathogenic avian influenza

Measures when low pathogenic avian influenza is confirmed
    
46. —(1) If the Chief Veterinary Officer confirms low pathogenic avian influenza on any premises other than regulated places, the National Assembly must—

    (2) The National Assembly must not permit any movement otherwise prohibited under Part 1 of Schedule 6 unless it is satisfied that it would not significantly increase the risk of the spread of low pathogenic avian influenza.

    (3) When reaching a decision under paragraph (2), the National Assembly must, in particular, take into account the criteria set out in Part 2 of Schedule 6.

    (4) An inspector who knows or suspects that any poultry or other captive bird in transit is infected or contaminated with avian influenza may serve a notice on the keeper of the bird—

    (5) Any expenses arising from the transport of any bird (including feeding, watering and any other expenses incurred in relation to the welfare of the bird) must be paid by its owner.

Killing of poultry and other captive birds
    
47. —(1) The National Assembly must ensure that poultry and other captive birds on premises where low pathogenic avian influenza is confirmed and which are to be killed on the premises under paragraph 5 of Schedule 3 to the Act are killed as soon as possible.

    (2) The occupier of a slaughterhouse must ensure that poultry from premises where low pathogenic avian influenza has been confirmed are killed as soon as possible.

    (3) The National Assembly must not authorise movement to a slaughterhouse unless it is satisfied that the movement would not significantly increase the risk of the spread of low pathogenic avian influenza.

    (4) The National Assembly must ensure that birds are killed or slaughtered in such a way as to reduce the risk of the spread of avian influenza.

Movement of eggs from premises where low pathogenic avian influenza is confirmed
    
48. —(1) If the National Assembly directs that poultry on any premises where low pathogenic avian influenza is confirmed are to be slaughtered at a slaughterhouse, it must not license the movement of eggs off the premises prior to the poultry being sent for slaughter unless it is satisfied that the movement would not significantly increase the risk of the spread of low pathogenic avian influenza.

    (2) The National Assembly may only license the movement of such eggs—

Veterinary surveillance of poultry
    
49. The National Assembly must ensure that any premises where poultry are kept before being sent to a slaughterhouse under article 47 are kept under veterinary surveillance.

Measures on special category premises
    
50. —(1) The occupier of special category premises where low pathogenic avian influenza has been confirmed but poultry and other captive birds are not killed under paragraph 5 of Schedule 3 to the Act must ensure that—

    (2) The occupier of the premises must take all reasonable steps to minimise contact between birds isolated under sub-paragraph (1)(a) and wild birds.

    (3) A veterinary inspector must not grant a licence under sub-paragraph (1)(b) unless he or she is satisfied, following tests on the birds, that there is not a significant risk that the proposed movement would spread highly pathogenic avian influenza.

Veterinary surveillance of birds
    
51. The National Assembly must ensure that birds on special category premises which are not killed under paragraph 5 of Schedule 3 of the Act are monitored for avian influenza.

Tracing of poultry and eggs
    
52. —(1) The National Assembly must endeavour to trace from premises where low pathogenic avian influenza has been confirmed—

    (2) The National Assembly must ensure that such veterinary inquiries as it considers necessary to monitor for avian influenza are carried out at premises to which eggs and poultry are so traced.

Identification of contact premises
    
53.(1) The National Assembly must serve a notice on the occupier of any premises (other than regulated places) if it suspects—

    (2) Premises in respect of which a notice is served under this article are contact premises for the purposes of this Part.

Restrictions at contact premises
    
54. —(1) The provisions of Schedule 1 apply to contact premises until the National Assembly notifies the occupier that those measures no longer apply.

    (2) The National Assembly must, if it considers it necessary to prevent the spread of low pathogenic avian influenza, direct that contact premises be deemed to be infected premises to which such of the provisions of this Part and of Schedule 6 as it directs apply.

    (3) A direction under paragraph (2) must be by notice to the occupier of the contact premises and the National Assembly must not serve such a notice unless it has taken into account at least the criteria set out in paragraph (3) of article 27, as read with paragraphs (4) and (5) of article 27.

    (4) If the National Assembly requires poultry or other captive birds on contact premises to be killed, it must ensure that samples are taken from the dead birds and tested for avian influenza.

Declaration of a low pathogenic avian influenza restricted zone
    
55. —(1) The National Assembly must, on confirmation by the Chief Veterinary Officer of low pathogenic avian influenza on premises other than regulated places in Wales (and subject to paragraph (4)), declare a low pathogenic avian influenza restricted zone around the infected premises.

    (2) The National Assembly must, on confirmation by the Chief Veterinary Officer of low pathogenic avian influenza in an area of England which is less than 1 kilometre from Wales, declare a low pathogenic avian influenza restricted zone in Wales.

    (3) The National Assembly may declare a low pathogenic avian influenza restricted zone on confirmation by the Chief Veterinary Officer of low pathogenic avian influenza in an area of Scotland or England which is 1 kilometre or more from Wales.

    (4) The National Assembly may, on the basis of a risk assessment, decide not to declare a low pathogenic avian influenza restricted zone if the premises where low pathogenic avian influenza is confirmed are—

Size of zones
    
56. A low pathogenic avian influenza restricted zone must be centred on the part of the infected premises which the National Assembly considers the most appropriate, given the nature of the outbreak, and have a radius of at least 1 kilometre.

Measures in low pathogenic avian influenza restricted zones
    
57. —(1) The measures in Schedule 7 apply in respect of a low pathogenic avian influenza restricted zone, subject to paragraphs (2) and (3).

    (2) The National Assembly may, if it has carried out a risk assessment and does not believe that to do so would endanger disease control, disapply in its declaration under article 55 some or all of the measures set out in Schedule 7 if the premises where avian influenza has been confirmed are a hatchery or special category premises.

    (3) The National Assembly may, if it considers it necessary to reduce the risk of the spread of avian influenza, impose (by declaration) measures additional to those set out in Schedule 7.

    (4) The National Assembly must ensure that—



PART 7

Measures to reduce the risk of the spread of influenza viruses of avian origin to other species

Tests on animals at premises where avian influenza is confirmed
    
58. —(1) The National Assembly must ensure that any pigs kept on premises where avian influenza is confirmed are tested for infection with influenza virus of avian origin.

    (2) The National Assembly may, if it thinks it necessary to prevent the spread of avian influenza or influenza of avian origin, require such tests to be carried out on other mammals kept on the premises.

Killing of mammals
    
59. The National Assembly must ensure that pigs to be killed under section 32 of the Act are—

Movements off the premises
    
60. —(1) No person is to (subject to paragraph (2)) move any mammal tested under article 58 off the premises until a veterinary inspector has confirmed that the mammal is not infective and licenses the movement.

    (2) A veterinary inspector may license the movement of pigs and other mammals in which infection with influenza virus of avian origin is confirmed to other premises (including slaughterhouses) if he or she is satisfied (as a result of further tests on the animals) that the movement would not significantly increase the risk of the spread of avian influenza.

Measures at other premises
    
61. —(1) The National Assembly may, after carrying out a risk assessment and by notice to the occupier of contact premises, impose such of the requirements set out in articles 58, 59 and 60 as it considers necessary.

    (2) Premises where influenza virus of avian origin may have been carried from premises where the virus has been confirmed or from where the virus may have been carried to the latter are contact premises for the purposes of this Part.

Additional measures to control the spread of virus in mammals
    
62. —(1) The National Assembly may, if it considers it necessary to monitor or detect the spread of avian influenza or influenza virus of avian origin in mammals—

    (2) An avian influenza (restrictions on mammals) zone must be of such size as the National Assembly considers necessary to reduce the risk of the spread of avian influenza or influenza of avian origin in mammals.



PART 8

General measures on suspicion or confirmation of avian influenza

Treatment, labelling and movement of meat from poultry from a protection zone
    
63. —(1) The occupier of a slaughterhouse within or outside a protection zone to which poultry from premises in a protection zone are sent must ensure that—

    (2) No person is to move poultry meat from any slaughterhouse, cutting plant or cold store in a protection zone unless–—

    (3) Poultry meat from poultry originating in the protection zone and referred to in paragraph (2)(c) must—

    (4) Poultry meat from poultry originating outside a protection zone must be cut, transported and stored separately from poultry meat from poultry originating in such a zone.

    (5) In this article, "meat product" means a product resulting from the processing of poultry meat or from the further processing of such a product, the cut surface of which shows that it is no longer fresh meat.

Poultry moved to premises outside controlled zones other than for slaughter
    
64. —(1) The occupier of any premises not in a protection zone or a surveillance zone to which day-old chicks hatched from eggs originating in such a zone are moved must ensure that they are not moved off the premises for at least 21 days from the date they arrived there.

    (2) The occupier of any premises not in a protection zone or a surveillance zone to which ready-to-lay poultry from a protection zone are moved must ensure that they are not moved off the premises for at least 21 days from the date they arrived there.

    (3) The occupier of any premises outside a low pathogenic avian influenza restricted zone to which poultry are moved from such a zone must ensure that the poultry are not moved off the premises for at least 21 days from the date they arrived there.

    (4) The occupier of any premises to which any thing is moved under this article must, for at least 21 days from the date the thing was moved to the premises, make the following daily records—

    (5) The occupier of commercial poultry premises must ensure that records made under paragraph (4) are kept for at least 6 weeks from the date the last record was made.

    (6) The National Assembly must ensure that such veterinary inquiries as it considers necessary to monitor for avian influenza take place at the premises to which things are moved.

Movements to egg processing plants
    
65. —(1) The occupier of an egg processing plant to which eggs are moved from suspect premises (under paragraph 6 of Schedule 1) or from infected premises during the unregulated period of infection (under article 24(2)(a)) must ensure that—

    (2) The owner or driver of any vehicle used to transport eggs to an egg processing plant must ensure that it is cleansed and disinfected before the eggs are loaded and after they are unloaded.

    (3) Any person involved in the transportation of eggs to an egg processing plant must take such biosecurity measures as he or she considers necessary to prevent the spread of disease.

Cleansing, disinfection and treatment
    
66. —(1) Any person who is required under this Order to cleanse, disinfect or treat any premises (other than regulated places) or any thing (including any vehicle under his or her control) on those premises must do so in accordance with Schedule 3.

    (2) Any person who is required under this Order to cleanse, disinfect or treat regulated places, any thing on those premises or any vehicle not referred to in paragraph (1) must do so in accordance with a veterinary inspector's instructions.

    (3) A veterinary inspector may, by notice to the occupier of premises referred to in paragraph (1), provide that part of the premises the subject of that notice and which would otherwise be subject to the requirements of Schedule 3 are subject instead to the requirements of paragraph (2).

    (4) Any person who is required to disinfect under this Order must—

    (5) A veterinary inspector must, by notice to the occupier of any premises or to the owner or driver of any vehicle, require the destruction of any thing which may be contaminated with avian influenza virus and which he or she considers cannot be cleansed, disinfected or treated.

    (6) A veterinary inspector may, by notice to the occupier of any premises where avian influenza has been confirmed—

    (7) A veterinary inspector must not revoke a notice served under paragraph (6) unless—

Restocking
     67. —(1) No person is to (unless licensed by a veterinary inspector) restock suspect premises, infected premises or contact premises if poultry or other captive birds kept on those premises have been killed under paragraph 5 of Schedule 3 to the Act.

    (2) A veterinary inspector must not license the restocking of commercial poultry premises until at least 21 days after the date final cleansing and disinfection was completed at the premises in accordance with Part 2 of Schedule 3.

Surveillance at restocked commercial poultry premises
    
68. —(1) The National Assembly must ensure that the following measures are taken a maximum of 21 days after the date any poultry are brought onto commercial poultry premises or part of those premises for restocking—

    (2) A veterinary inspector who examines poultry under paragraph (1)(a) may carry out more than one examination of the birds and must ensure that he or she carries out at least one examination as close as possible to the end of the 21 day period referred to in paragraph (1).

Additional measures at restocked commercial poultry premises
    
69. —(1) The occupier of commercial poultry premises which have been restocked must, for at least 21 days from the date of restocking, make the following daily records—

    (2) The occupier of commercial poultry premises must ensure that records made under paragraph (1) are kept for at least 6 weeks from the date the last record was made.

Measures at other restocked premises
    
70. The National Assembly may carry out the measures set out in articles 68 and 69 at other restocked premises where poultry or other captive birds are kept.

Designation of premises to which things may be moved
    
71. —(1) The occupier of the following premises may apply in writing to the National Assembly for them to be designated for the following purposes—

    (2) The National Assembly must not make any such designation unless it is satisfied that the premises are so constructed and operated that the risk of the transmission of avian influenza from them is minimal.

    (3) The following premises are deemed to be designated under paragraph (1)(d), unless the National Assembly directs otherwise by notice to the occupier of the premises—

Duty to provide reasonable assistance
     72. —(1) Any person required to give reasonable assistance or information to a person executing this Order must, unless he or she has reasonable cause, do so without delay.

    (2) The occupier of any premises from or to which he or she wishes any thing to be moved under licence under this Order must allow any person authorised by the National Assembly to enter those premises for the purposes of deciding whether or not such a licence should be granted or maintained.

Provision of information
    
73. No person is to furnish information which he or she knows to be false or misleading to a person executing this Order.

Records of movements authorised by general licence
    
74. Any person moving poultry, other captive birds or their products under a licence granted under this Order must, as soon after the movement as is reasonably practicable, make a record of the date of the movement and the registration of any vehicle used and must retain the record for at least six weeks after the date of the movement.

Retention and production of records
    
75. —(1) Any person who is required by this Order to make or keep a record must—

    (2) An inspector may enter any premises for the purpose of inspecting any records required to be kept under this Order and may copy any such records (in whatever form they are held), take them away and require any computer records to be produced in a form which can be taken away.

Duty to comply with declarations, licences and notices
    
76. Any person to whom any requirement in a declaration, licence, notice or designation under this Order applies must—

Costs of compliance
    
77. The costs incurred by any person in taking any action required by, or of refraining from taking action prohibited by, this Order (or of any declaration, licence, notice or designation under it) must be met by that person unless the National Assembly directs otherwise in writing.

Killing of birds and destruction of things which may be contaminated
    
78. —(1) Before causing poultry or other birds to be killed under paragraph 5 of Schedule 3 to the Act, the National Assembly must give notice of its intention to do so to the occupier of the premises where the birds are kept or to their keeper.

    (2) Before causing any mammal to be killed under section 32 of the Act, the National Assembly must give notice of its intention to do so to the occupier of the premises where the mammal is kept or to its keeper.

    (3) Before causing the seizure of any thing under the Diseases of Animals (Seizure) Order 1993[
11] for the purposes of this Order, the National Assembly must give notice of its intention to do so—

Duty of the local authority to erect signs
     79. —(1) The local authority must, if reasonably practicable, ensure that the boundaries of controlled zones other than avian influenza (restrictions on mammals) zones are indicated by signs erected in a conspicuous position on roads entering the zones on which poultry are likely to be moved.

    (2) The local authority must, if reasonably practicable, ensure that the boundaries of avian influenza (restrictions on mammals) zones are indicated by signs erected in a conspicuous position on roads entering the zones on which mammals, or mammals specified in the declaration of the zones, are likely to be moved.



PART 9

Inspection, enforcement, offences, amendments and revocations

Redirection of mammals, birds and eggs in transit
    
80. A veterinary inspector may, by notice to the owner or driver of any vehicle moving any mammal, bird or egg or any other thing to any premises (including regulated places) where avian influenza or influenza virus of avian origin is suspected or confirmed, require any mammal, bird, egg or any other things specified in the notice to be moved to other premises specified in the notice instead.

Veterinary investigations
    
81. —(1) A veterinary inspector (or an inspector acting in accordance with a veterinary inspector's instructions) may enter any premises on which a veterinary inquiry, clinical examination, survey or other investigation into the presence or spread of avian influenza is required under this Order.

    (2) A person who enters premises under this Order or under sections 63, 64 or 64A of the Act for the purposes of an investigation into the presence or spread of avian influenza or of influenza virus of avian origin must carry out such examinations and tests and take such samples (including live birds, live mammals and carcases) as he or she considers necessary and may—

    (3) If the person carrying out an investigation suspects that avian influenza or influenza virus of avian origin exists or has existed on the premises, he or she must seek to establish—

    (4) A person who enters premises for the purposes of surveillance under article 7 may re-enter the premises to investigate any inconclusive findings of the survey.

    (5) The occupier of the premises under investigation and any person appearing to the person carrying out the investigation to have charge of birds or mammals on the premises must provide such assistance as the person carrying out the inquiry may reasonably require.

    (6) No person is to deface, obliterate or remove any mark applied under sub-paragraph (2)(a) except with the written authority of a veterinary inspector.

    (7) Any person who carries out an investigation under this Order must keep a record of the dates he or she visits premises, of his or her findings at the premises and of any action he or she has required the occupier of the premises to take.

    (8) The National Assembly must take account of the results of veterinary inquiries when deciding what requirements and restrictions to impose under this Order.

Inspection of vehicles
    
82. For the purposes of section 65A of the Act (inspection of vehicles), any controlled zone is a designated area until it is ended or becomes part of another zone.

General powers of inspectors
    
83. —(1) Any person who enters premises under this Order may take with him or her, for any purpose relating to its execution and enforcement, such people and things as he or she considers necessary.

    (2) Any person who so assists may return to the premises unaccompanied to take any further steps necessary to ensure the execution or enforcement of this Order.

    (3) Provisions in this Order prohibiting or restricting the movement or use of any thing do not apply to any person in the execution or enforcement of the Order.

Powers of inspectors in case of default
    
84. —(1) If any person fails to comply with a requirement of this Order or of a declaration, licence, notice or designation under it, an inspector may take such steps he or she considers necessary to ensure the requirement is met (including seizing and detaining any thing).

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

    (3) Any steps taken under this article are without prejudice to proceedings for an offence arising out of the default.

    (4) The person in default must reimburse any reasonable expenses incurred by the National Assembly or the local authority in taking such steps and any such reimbursement is recoverable summarily.

Offences by bodies corporate
    
85. —(1) If an offence against the Act committed by a body corporate is shown—

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

    (2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body.

    (3) "Officer", in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Ignorance of restriction or requirement
    
86. No person will be guilty of failing to comply with a restriction or requirement applying in a controlled zone if he or she satisfies the court that he or she did not know of the restriction or requirement and that he or she could not with reasonable diligence have obtained knowledge of it.

Enforcement
    
87. —(1) The local authority must, subject to paragraph (2), enforce this Order.

    (2) The National Assembly may, in relation to particular cases or to other cases of a particular description, direct that it will enforce this Order.

Revocations and amendments
    
88. —(1) The Diseases of Poultry (Wales) Order 2003[12] is amended by inserting after article 1(2)—

    (2) In article 2 of the Diseases of Animals (Approved Disinfectants) Order 1978[13], the definition of "Diseases of Poultry Order" is substituted by—



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[14]


D. Elis-Thomas
The Presiding Officer of the National Assembly

5 July 2006



SCHEDULE 1
Article 9


Measures where avian influenza or avian influenza virus is suspected on premises


Record of poultry, other captive birds and mammals
     1. The occupier must make and update daily a record of poultry, other captive birds and mammals kept on the premises showing, for each species, the number or approximate number—

Housing or isolation of poultry and other captive birds
     2. —(1) The occupier must ensure that poultry and other captive birds are—

    (2) The occupier must take all reasonable steps to minimise contact with wild birds, in accordance with a veterinary inspector's instructions.

Prohibition on movement of poultry and other captive birds to and from the premises
     3. No person is to move any poultry or other captive birds to or from the premises, unless licensed by a veterinary inspector.

Prohibition on the removal of other things liable to transmit avian influenza
     4. No person may remove from the premises any carcase, poultry meat, poultry feed, utensils, material, waste, droppings, poultry or other captive bird manure, slurry, used litter or anything else liable to transmit avian influenza, unless he or she is licensed by a veterinary inspector.

Prohibition on movement of people, animals and vehicles to and from the premises
     5. —(1) No person is to move to or from the premises and no person is to move any mammal, vehicle or equipment to or from the premises unless the movement is licensed by a veterinary inspector.

    (2) Paragraph (1) does not apply to pet animals which—

Restrictions on the movement of eggs
     6. No person is to move any eggs from the premises except, under the authority of a licence granted by the National Assembly—

     7. Any person moving eggs under paragraph 6(a) must ensure that—

     8. No person is to tamper with a seal attached under paragraph 7 or remove it before the consignment arrives.

Disinfection at entrances and exits
     9. The occupier must, in accordance with an inspector's instructions, provide and maintain means of disinfection at the entrances and exits of the premises and of buildings housing poultry or other captive birds[
15].



SCHEDULE 2
Article 13


Measures on premises where highly pathogenic avian influenza is confirmed


Killing and seizure
     1. The occupier must give all reasonable assistance to any person exercising a duty relating to the killing of poultry or other captive birds under paragraph 5 of Schedule 3 to the Act or to the seizure of any thing under the Diseases of Animals (Seizure) Order 1993[
16].

Measures to minimise the risk of spread of avian influenza to wild birds
     2. The occupier must take such action as a veterinary inspector reasonably requires to reduce the risk of the spread of avian influenza to wild birds.

Disposal of carcases and eggs
     3. The occupier must ensure that all carcases and eggs not seized or disposed of by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions (unless he or she licenses their use for diagnosis of disease).

Tracing
     4. The occupier must give all reasonable assistance to a veterinary inspector in the tracing of any thing liable to transmit avian influenza to or from the premises.

Cleansing and disinfection
     5. The occupier must cleanse and disinfect the premises in accordance with article 66 and Schedule 3.

Restocking
     6. The occupier must not restock the premises except in accordance with article 67.



SCHEDULE 3
Article 66


Cleansing and disinfection of premises other than regulated places and of any thing (including any vehicle) on those premises




Part 1

General procedures for cleansing, disinfection and treatment

     1. Any person carrying out cleansing, disinfection and treatment (including measures to destroy rodents and insects) must do so in accordance with this Part or (if different) with any instructions given by a veterinary inspector.

     2. Any person using a disinfectant or degreasing agent under this Order must ensure that they are used as effectively as possible and must, in particular, give consideration to the following in deciding which products to use and how to use them—

     3. A person cleansing and disinfecting under this Order must ensure that—

     4. A person washing with liquids applied under pressure must avoid recontaminating areas or parts previously cleansed.

     5. A person who has cleansed and disinfected part of any premises must avoid recontaminating that part as he or she cleanses and disinfects other parts.

     6. A person carrying out a cleansing or disinfecting procedure must ensure that a written record of that procedure is made, showing the date and time the procedure took place.

     7. A person who makes such a record must keep it at the premises (or, if he or she is a person in charge of a vehicle and the procedure involved cleansing or disinfecting that vehicle, with the vehicle).



Part 2

Specific procedures for the cleansing and disinfecting of infected premises

     8. This Part applies to the cleansing and disinfecting of infected premises except to the extent that its requirements are varied by a veterinary inspector.

Preliminary cleansing and disinfecting
     9. Cleansing and disinfecting must be carried out during and after the killing of poultry or other captive birds by an inspector or in accordance with his or her instructions.

     10. A person carrying out a cleansing or disinfection procedure must take all appropriate measures to reduce the risk of avian influenza virus spreading and must, in particular—

     11. Following killing—

Final cleansing and disinfecting
     12. Manure and used bedding must be treated in accordance with Part 3 of this Schedule.

     13. All surfaces must be subjected to the following procedures—



Part 3

Disinfection of contaminated litter, manure and slurry

     14. Manure and used bedding must—

     15. Slurry must be stored for at least 60 days after the last addition of infectious material unless (in the case of slurry which has been treated in accordance with a veterinary inspector's instructions) a veterinary inspector authorises a shorter storage period.

     16. Manure, litter and bedding which may be contaminated may, if licensed by a veterinary inspector, be moved to—

     17. The transport of such manure, litter or bedding must be in closed, leak-proof vehicles or containers and in accordance with a veterinary inspector's instructions.



SCHEDULE 4
Article 30


Measures in a protection zone


Record keeping and duty to inform the National Assembly of birds' change in health
     1. The occupier of any premises where poultry or other captive birds are kept must make a record of the date any person visits the premises on that date (unless the visit is only to a part of the premises where people live).

     2. The occupier of any premises must make a record of all poultry entering or leaving those premises as soon as practicable after the movement.

     3. Every person who is engaged in the transport or marketing of poultry or poultry eggs must make a record as soon as reasonably practicable of all poultry and poultry eggs transported or marketed by him or her.

     4. The records referred to in paragraphs 2 and 3 above must include—

     5. Paragraphs 1 and 3 do not apply to—

Isolation of poultry and other captive birds
     6. The occupier of premises where poultry or other captive birds are kept must ensure that they are—

     7. If birds are kept isolated but not housed, the occupier must—

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises
     8. —(1) No person is to (subject to sub-paragraph (2)) move poultry, other captive birds or mammals from or to premises within the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

    (2) Sub-paragraph (1) does not apply to pet animals which—

Disposal of carcases
     9. The occupier must ensure that all carcases not seized or disposed of by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions (unless he or she licenses their use for diagnosis of disease).

Biosecurity measures
     10. The occupier and any person entering or leaving premises where poultry, other captive birds or eggs are kept must—

Litter, poultry manure and slurry
     11. No person is to remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector.

Gatherings of poultry
     12. No person is to permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering.

Release of game
     13. No person is to release game birds.

Restrictions on the movement of birds, eggs, poultry meat and carcases
     14. No person is to move any poultry, other captive birds, eggs, poultry meat or carcases within or out of the zone unless—

     15. Poultry and eggs may be transported through the zone on a major highway or railway if no stop is made within the zone.

     16. The movements referred to in paragraph 14(a) are the following—

Requirements for the movement of poultry from premises in the zone for immediate slaughter at a slaughterhouse
     17. Poultry must not be moved unless the following requirements are met—

Requirements for the movement of poultry meat from poultry sent to a designated slaughterhouse from premises within the zone
     18. Poultry meat must not be moved unless it meets the requirements of article 63.

Requirements for the movement of poultry to a designated slaughterhouse within the zone from premises outside the zone
     19. Poultry must not be moved unless they are kept separate from poultry originating within the zone.

Requirements for the movement of day-old chicks hatched from eggs produced in the zone or from eggs which had contact with such eggs
     20. Day-old chicks must not be moved unless they are transported in vehicles sealed by a veterinary inspector or in accordance with his or her instructions.

Requirements for the movement of day-old chicks hatched from eggs originating outside the zone
     21. Day-old chicks from eggs originating outside the protection and surveillance zones must not be moved unless the hatchery within the zone is operated in such a way that those eggs do not come into contact with eggs or day-old chicks from within the zone.

Requirements for the movement of ready-to-lay poultry
     22. Ready-to-lay poultry must not be moved from premises within the zone unless—

Requirements for the movement of hatching eggs from the zone to a designated hatchery or a designated laboratory or institute for use for scientific, diagnostic or pharmaceutical purposes
     23. Hatching eggs must not be moved from the zone to the hatchery, laboratory or institute unless—

Requirements for the movement of table eggs to a packing centre
     24. Table eggs must not be moved to a designated packing centre unless—

Requirements at slaughterhouses
     25. The occupier of a slaughterhouse to which poultry from the zone is sent must ensure that the requirements of article 63 are met.

Requirements for poultry meat
     26. Poultry meat from poultry originating in the zone is subject to the requirements set out in article 63(2)(b) and 63(3).

     27. Poultry meat from poultry originating outside the zone is subject to the requirements set out in article 63(2).

Cleansing and disinfection of vehicles
     28. A person who moves any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.

     29. A person who enters or leaves premises by vehicle must cleanse and disinfect any part of the vehicle which may have been contaminated without delay in accordance with article 66.

Access to prohibited places
     30. No person is to enter any place the subject of a prohibition notice under article 35 except in accordance with that article.



SCHEDULE 5
Article 31


Measures in Surveillance Zones


Record keeping and duty to inform the National Assembly of birds' change in health
     1. The occupier of any premises where poultry or other captive birds are kept must make a record of the date any person visits the premises on that date (unless the visit is only to a part of the premises where people live).

     2. The occupier of any premises must make a record of all poultry entering or leaving those premises as soon as is reasonably practicable after the movement.

     3. Every person who is engaged in the transport or marketing of poultry or poultry eggs must, as soon as is reasonably practicable, make a record of all poultry and poultry eggs transported or marketed by him or her.

     4. The records referred to in paragraphs 2 and 3 above must include—

     5. Paragraphs 1 and 3 do not apply to—

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises
     6. —(1) No person is to move poultry, other captive birds or mammals from or to premises within the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

    (2) Sub-paragraph (1) does not apply to pet animals which—

Biosecurity measures
     7. The occupier and any person entering or leaving premises where poultry, other captive birds or eggs are kept must—

Litter, poultry manure and slurry
     8. No person is to remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector.

Gatherings of poultry
     9. No person is to permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering.

Release of game
     10. No person is to release game birds.

Restrictions on the movement of poultry and eggs within the zone
     11. No person is to move any poultry or eggs within the zone (other than through the zone by road or rail without stopping), unless licensed by a veterinary inspector.

     12. Paragraph 11 does not apply to the retail distribution of eggs and movements subsequent to such distribution.

     13. A veterinary inspector must not grant a licence under paragraph 11 unless he or she is satisfied that the licensee will take appropriate biosecurity measures and the taking of such measures must be conditions of the licence.

     14. A veterinary inspector may license the movement of poultry from outside the protection and surveillance zones to a slaughterhouse within the surveillance zone and subsequent movements of the meat derived from such poultry.

Restrictions on the movement of poultry and eggs out of the zone
     15. No person is to move any poultry or eggs out of the zone, unless the movement is one of the following and is licensed by a veterinary inspector—

     16. Paragraph 15 does not apply to the retail distribution of table eggs and movements subsequent to such distribution.

Requirements for the movement of poultry from premises in the zone for immediate slaughter at a designated slaughterhouse
     17. Poultry may be moved from premises to a designated slaughterhouse, but only within 24 hours of the completion of a veterinary inspection of the premises.

Requirements for the movement of day-old chicks hatched from eggs produced within the surveillance zone or from eggs which have had contact with such eggs
     18. Day-old chicks must not be moved unless any biosecurity measures laid down by a veterinary inspector are complied with.

Requirements for the movement of day-old chicks hatched from eggs originating outside the protection and surveillance zones
     19. Day-old chicks from eggs originating outside the protection and surveillance zones must not be moved unless the hatchery within the zone is operated in such a way that eggs from outside the zone do not come into contact with eggs or day-old chicks from within the zone.

Requirements for the movement of hatching eggs from the zone to a designated hatchery, or to a designated laboratory or institute for use for scientific, diagnostic or pharmaceutical purposes
     20. Hatching eggs must not be moved from the zone to the hatchery, the laboratory or the institute unless the eggs and their packaging are disinfected before they leave the premises.

Requirements for the movement of table eggs to a packing centre
     21. Table eggs must not be moved to a designated packing centre unless—

Requirements for the movement of table eggs to premises for the manufacture of egg products
     22. Eggs must not be moved to premises for the manufacture of egg products except in accordance with Chapter XI of Annex II to Regulation (EC) No 852/2004.

Cleansing and disinfection of vehicles
     23. A person who transports any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.

     24. A person who enters or leaves premises by vehicle must cleanse and disinfect without delay any part of the vehicle which may have been contaminated in accordance with article 66.



SCHEDULE 6
Article 46


Measures when low pathogenic avian influenza is confirmed




PART 1

Measures on premises where low pathogenic avian influenza is confirmed

Record of poultry, other captive birds and mammals
     1. The occupier must make and update daily a record of poultry, other captive birds and mammals kept on the premises showing, for each species the number or approximate number—

Housing or isolation of poultry and other captive birds
     2. The occupier must ensure that poultry and other captive birds are—

Prohibition on movement of poultry and other captive birds to and from the premises
     3. No person is to move any poultry or other captive birds to or from the premises, unless licensed by a veterinary inspector.

Movement of poultry to a slaughterhouse
     4. No person is to move any poultry or other captive bird to a slaughterhouse unless—

     5. No person is to remove the seal on a vehicle transporting poultry to a slaughterhouse until the vehicle has arrived at the slaughterhouse.

     6. A person who transports any bird or any thing which may be contaminated must, as soon as the bird or thing is unloaded, cleanse and disinfect the vehicle and any equipment used for transportation in accordance with article 66.

Prohibition on the movement of people, animals, vehicles and equipment to and from premises
     7. —(1) No person is to move to or from the premises and no person is to move any mammal, vehicle or equipment to or from the premises, unless the movement is licensed by a veterinary inspector.

    (2) Paragraph (1) does not apply to pet animals which—

Disposal of carcases
     8. The occupier must ensure that carcases are disposed of as soon as possible in accordance with a veterinary inspector's instructions (unless he or she licenses their use for diagnosis of disease).

Disposal of hatching eggs
     9. The occupier must (subject to paragraph 10) ensure that hatching eggs on the premises not seized by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions.

     10. A veterinary inspector may direct, on special category premises, that hatching eggs are not disposed of, in which case the occupier must ensure that the requirements of article 50 are met.

Tracing of hatching eggs and of poultry from such eggs
     11. The occupier must give all reasonable assistance to a veterinary inspector in the tracing of any thing liable to transmit avian influenza from and to the premises.

Manure, slurry and bedding
     12. The occupier of the premises must ensure that manure, slurry and bedding which may be contaminated are treated in accordance with article 66.

Cleansing and disinfection
     13. The occupier must cleanse and disinfect the premises in accordance with article 66 after all poultry or other captive birds on the premises have been killed or moved from the premises to a slaughterhouse.

Other material which may be contaminated
     14. The occupier of the premises must ensure that any other material or substance which may be contaminated is treated in accordance with a veterinary inspector's instructions or disposed of.

Killing and seizure
     15. The occupier must give all reasonable assistance to any person exercising a duty relating to the killing of poultry or other captive birds under paragraph 5 of Schedule 3 to the Act or to the seizure of any thing under the Diseases of Animals (Seizure) Order 1993[
18].

Restrictions on the movement of eggs
     16. No person is to move any eggs from the premises unless licensed under article 48.

Disinfection at entrances and exits
     17. The occupier must, in accordance with an inspector's instructions, provide and maintain means of disinfection at the entrances and exits of the premises and of buildings housing poultry or other captive birds[19].



PART 2

Criteria to be considered by the National Assembly before permitting movements from premises where low pathogenic avian influenza has been confirmed

     18. The following are the criteria to be considered by the National Assembly before permitting movements from premises where low pathogenic avian influenza has been confirmed—



SCHEDULE 7
Article 57


Measures in a low pathogenic avian influenza restricted zone


Restrictions on the movement of poultry, other captive birds and mammals onto and off premises
     1. —(1) No person is to (subject to sub-paragraph (2)) move poultry, other captive birds or mammals from or to premises within the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

    (2) Paragraph (1) does not apply to pet animals which—

Biosecurity measures
     2. The occupier and any person entering or leaving premises where poultry or other captive birds are kept must—

Litter, poultry manure and slurry
     3. No person is to remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector.

Gatherings of poultry
     4. No person is to permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering, unless licensed by a veterinary inspector.

Release of game
     5. No person is to release game birds.

Restrictions on the movement of poultry, other captive birds and eggs within the zone
     6. No person is to move any poultry, other captive birds or eggs within the zone (other than through the zone by road or rail without stopping), unless licensed by a veterinary inspector.

Restrictions on the movement of poultry, other captive birds and eggs out of the zone
     7. No person is to move any poultry, other captive birds or eggs out of the zone, unless the movement is one of the following and is licensed by a veterinary inspector;

     8. Paragraphs 6 and 7 do not apply to the retail distribution of table eggs and movements subsequent to such distribution.

Carcases
     9. The occupier of any premises within the zone must ensure that carcases are disposed of in accordance with a veterinary inspector's instructions (unless he or she licenses their use for diagnosis of disease).

Cleansing and disinfection of vehicles
     10. A person who moves any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.



EXPLANATORY NOTE

(This note is not part of the Order)


     1. This Order transposes Council Directive 2005/94/EC (OJ No L10, 14.1.2006, p16) ("the Directive") on Community measures for the control of avian influenza, except for Chapter IX of the Directive. Chapter IX of the Directive deals with vaccination and will be transposed by the Avian Influenza (Vaccination) (Wales) Regulations 2006. This Order also amends the Diseases of Poultry (Wales) Order 2003 (S.I. 2003/1079) and the Diseases of Animals (Approved Disinfectants) (Wales) Order 1978 (S.I. 1978/32). The Directive repeals Council Directive 92/40/EEC.

     2. Part 1 of the Order contains introductory provisions. Part 2 sets out preventive measures to reduce the risk of the transmission of avian influenza and provides for surveillance for the disease.

     3. Part 3 of the Order and Schedule 1 to it set out measures to deal with any suspected outbreak of avian influenza at premises (other than slaughterhouses, border inspection posts and in vehicles). Measures when highly pathogenic avian influenza is confirmed on such premises are set out in Part 4 and Schedule 2. These measures may, under article 13, also be applied to premises where disease is suspected. Part 4 also provides for the declaration of protection zones, surveillance zones and restricted zones around infected premises. Measures in protection and surveillance zones are set out in Schedules 4 and 5.

     4. Measures when highly pathogenic avian influenza is confirmed at slaughterhouses, border inspection posts and in vehicles are set out in Part 5.

     5. Measures where low pathogenic avian influenza is confirmed at premises other than slaughterhouses, border inspection posts and in vehicles are set out in Part 6 and in Schedule 6. These include the declaration of low pathogenic avian influenza zones. Measures in such zones are set out in Schedule 7.

     6. Measures to reduce the risk of the spread of avian influenza viruses to pigs and other mammals are set out in Part 7.

     7. General measures applicable on suspicion or confirmation of avian influenza are set out in Part 8 and provisions on inspection and enforcement are set out in Part 9. Amendments to the Diseases of Poultry (Wales) Order 2003 (S.I. 2003/1079) and the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32) are also set out in Part 9.

     8. Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981.

     9. A regulatory appraisal of the effect that this Order will have on the costs of business has not been prepared.


Notes:

[1] 1981 c. 22, as amended by the Animal Health Act 2002, c. 42. Functions transferred to the National Assembly by the National Assembly (Transfer of Functions) Order 1999 (S.I. 1999/672) and the National Assembly (Transfer of Functions) Order 2004 (S.I. 2004/3044).back

[2] S.I. 2005/1158.back

[3] OJ No L10, 14.1.2006, p16.back

[4] S.I. 2003/2756.back

[5] S.I. 1998/463.back

[6] S.I. 1978/32, amended by S.I. 2005/1908; there are other amending instruments but none is relevant.back

[7] 1968 c.67.back

[8] S.I. 2005/2745.back

[9] 1986 c.14.back

[10] S.I. 1998/463.back

[11] S.I. 1993/1685.back

[12] S.I. 2003/1079.back

[13] S.I. 1978/32, as amended by S.I. 1994/3141. Other amendments are not relevant to this Order.back

[14] 1998 c.38.back

[15] 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

[16] S.I. 1993/1685.back

[17] OJ No L 226, 25.6.2004, p.3.back

[18] S.I. 1993/1685.back

[19] 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



ISBN 0 11 091395 7


 © Crown copyright 2006

Prepared 7 August 2006


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