The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007

Restrictions on the movement of bird by-products S

14.—(1) No person shall move any bird by-product derived wholly or partially from any bird in a protection, surveillance or restricted zone–

(a) from a protection or surveillance zone to a restricted zone;

(b) from a restricted zone to a protection or surveillance zone;

(c) to an unrestricted area;

(d) to another member State; or

(e) to a third country.

[F1 (2) But a veterinary inspector or an inspector acting under the direction of a veterinary inspector may license the movement of any of the following bird by-products:—

(a) processed animal protein within the meaning of paragraph 5 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 1 of Chapter II of Annex X to that Regulation;

(b) blood products within the meaning of paragraph 4 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of paragraph B of Section 2 of Chapter II of Annex X to that Regulation;

(c) rendered fats within the meaning of paragraph 8 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of paragraph B of Section 3 of Section II of Annex X to that Regulation;

(d) gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;

(e) hydrolysed protein within the meaning of paragraph 14 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;

(f) dicalcium phosphate which complies with the requirements of paragraph B of Section 6 of Chapter II of Annex X to Regulation (EU) No 142/2011;

(g) tricalcium phosphate which complies with the requirements of paragraph B of Section 7 of Chapter II of Annex X to Regulation (EU) No 142/2011;

(h) collagen within the meaning of paragraph 11 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of paragraph B of Section 8 of Chapter II of Annex X to that Regulation;

(i) egg products which comply with the requirements of paragraph B of Section 9 of Chapter II of Annex X to Regulation (EU) No 142/2011;

(j) processed petfood within the meaning of paragraph 20 of Annex I to Regulation (EU) No 142/2011 and which complies with the requirements of Chapter II of Annex XIII to that Regulation;

(k) dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of Chapter II of Annex XIII to that Regulation;

(l) processed manure and processed manure products which comply with, the requirements of Section 2 of Chapter I of Annex XI to Regulation (EU) No 142/2011;

(m) by-products to a designated incineration plant, processing plant, oleochemical plant, biogas and composting plant, petfood plant or technical plant for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;

(n) by-products to users or collection centres authorised and registered in accordance with Articles 24 and 44 of Regulation (EC) No 1069/2009 for the feeding of animals after they have been treated by a method approved by the competent authority which ensures inactivation of the avian influenza virus;

(o) game trophies of birds having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures;

(p) poultry feathers or parts of such feathers which have been treated with a steam current or by another method which ensures inactivation of the avian influenza virus; or

(q) untreated feathers or parts of untreated feathers produced from poultry or wild game birds from a restricted zone within the meaning of paragraph 30 of Annex I to Regulation (EU) No 142/2011 and which comply with the requirements of paragraph A of Chapter VII of Annex XIII to that Regulation.]

(3) No person shall move any bird by-product referred to in paragraph (2)(a) to (i) unless it has been processed at a processing plant in accordance with [F2 Regulation (EC) No 1069/2009 and Annex IV to Regulation (EU) No 142/2011].

(4) By-products from poultry, referred to in paragraphs (2)(p) and (q), must be accompanied by a commercial document in accordance with [F3 Chapter III of Annex VIII to Regulation (EU) No 142/2011].

(5) Paragraph (4) does not apply to–

(a) processed decorative feathers;

(b) processed feathers carried by travellers for their private use; or

(c) consignments of processed feathers sent to private individuals for non-industrial purposes.

(6) Point 6.1 of the commercial document accompanying by-products referred to in paragraph (2)(p) must state that they have been treated with a steam current or by another method to ensure that no virus causing avian influenza remains.

Textual Amendments

F1 Art. 14(2) substituted (4.3.2011) by The Animal By-Products (Enforcement) (Scotland) Regulations2011 (S.S.I. 2011/171), reg. 1(1), sch. 2 para. 45(a)

F2 Words in art. 14(3) substituted (4.3.2011) by The Animal By-Products (Enforcement) (Scotland) Regulations2011 (S.S.I. 2011/171), reg. 1(1), sch. 2 para. 45(b)

F3 Words in art. 14(4) substituted (4.3.2011) by The Animal By-Products (Enforcement) (Scotland) Regulations2011 (S.S.I. 2011/171), reg. 1(1), sch. 2 para. 45(c)