The African Swine Fever (Import Controls) (England and Scotland) Order 2022
Citation, commencement, extent and application1.
(1)
This Order—
(a)
may be cited as the African Swine Fever (Import Controls) (England and Scotland) Order 2022; and
(b)
comes into force on 1st September 2022.
(2)
This Order extends to England and Wales and Scotland, but applies in relation to England and Scotland only.
Interpretation2.
In this Order—
“animal by-products” means entire bodies or parts of animals, products of animal origin or other products obtained from animals, which are not intended for human consumption, excluding germinal products;
“derived products” means products obtained from one or more treatments, transformations or steps in the processing of animal by-products;
“identification mark” means a mark applied in accordance with Article 5 of, and Section 1 of Annex 2 to, Regulation 853/2004 , as it has effect in EU law;
“pig” means any animal of the Suidae family;
“porcine product” means any of the following, consisting, in whole or in part, of a body of a pig, or derived from a pig—
(a)
products of animal origin;
(b)
animal by-products;
(c)
derived products;
“products of animal origin” has the meaning given in point 8.1 of Annex 1 to Regulation 853/2004;
“territory subject to special transitional import arrangements” means—
(a)
an EEA state;
(b)
the Faroe Islands;
(c)
Greenland;
(d)
Switzerland.
Requirements for imports of porcine products3.
(1)
Subject to article 4, no person may import a porcine product into England or Scotland from a territory subject to special transitional import arrangements unless the product complies with the relevant requirements of this article.
(2)
If the porcine product is a product of animal origin intended for human consumption, it must bear a health mark or an identification mark.
(3)
If the porcine product is an animal by-product or derived product, it must—
(a)
(b)
have a label attached to the packaging, container or vehicle, describing the product and stating to which category of animal by-products it belongs.
(4)
The requirements in this article are in addition to any other requirements that apply in relation to the import of porcine products.
Exclusions from requirements for porcine products4.
(1)
The requirements in article 3 do not apply where—
(a)
(b)
the conditions in paragraph (2) are met.
(2)
The conditions are that—
(a)
the porcine product is intended only for personal consumption or use; and
(b)
the combined weight of porcine products imported at any given time does not exceed 2 kg.
F1Enforcement in relation to porcine products entering through the Channel Tunnel5.
(1)
For the purposes of enforcing this Order under the Trade in Animals and Related Products Regulations 2011, in relation to entry or exit into or out of the tunnel system, the enforcement authority is the district council of Dover as designated under article 2 of the Dover Port Health Authority Order 1978.
(2)
In this article, “tunnel system” has the meaning described in section 1(7) of the Channel Tunnel Act 1987.
This Order provides for restrictions on the importation of “porcine products” (defined in article 2) into England and Scotland from “territories subject to special transitional import arrangements” (also defined in article 2, constituting EEA States, the Faroe Islands, Greenland and Switzerland) for the purpose of preventing African Swine Fever. The Order applies in relation to England and Scotland.
Article 3 sets out the requirements that porcine products must meet in order to be imported. Article 4 exempts porcine products which are intended only for personal consumption or use and which have a combined weight of 2 kg or less, as well as those which fall within a disapplication to Commission Delegated Regulation (EU) 2019/2124 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for official controls of consignments of animals and goods in transit, transhipment and onward transportation through the Union (EUR 2019/2124).
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.