The African Swine Fever (England) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order, which applies in England, implements Council Directive 2002/60/EC (OJ No L192, 20.7.2002, p 27) revising Community measures for the control of African swine fever. It revokes and replaces the African Swine Fever Order 1980 (S.I. 1980/145) so far as it applies to England.

The Order—

(a)

requires any person who suspects that a pig or carcase is infected with African swine fever (the disease) to notify the Divisional Veterinary Manager and imposes restrictions on the movement of pigs or carcases or other things from the premises (article 4);

(b)

requires a veterinary inspector to serve a notice imposing the requirements set out in the notice to be complied with in circumstances where he suspects the disease may exist (article 5);

(c)

permits a veterinary inspector to serve a further notice imposing additional restrictions to those required by article 5 (article 6);

(d)

where the presence of the disease is confirmed on a holding, requires a veterinary inspector to serve a notice on the occupier of the holding requiring him to ensure that the restrictions and requirements in article 5 and any applicable requirements of article 6 are carried out (article 7);

(e)

sets out the measures which must be taken where the disease is confirmed in a slaughterhouse, knacker’s yard or on a means of transport (article 8);

(f)

sets out the action that should be taken where it is suspected that the disease may have been transferred to or from the infected or suspected premises to or from other premises (article 9);

(g)

provides for the establishment of temporary control zones (article 10);

(h)

requires the Secretary of State, on confirmation of disease, to establish an area around an outbreak site of the disease and provides for this area to be split into a protection and a surveillance zone (article 11 and Schedule 1);

(i)

sets out requirements for cleansing and disinfection (article 12);

(j)

sets out the measures to be taken where the disease is suspected or confirmed in feral pigs (articles 13 & 14 and Schedule 2);

(k)

prohibits the use of the African swine fever vaccine, unless the Secretary of State authorises it (article 15);

(l)

gives power to an inspector to take action to ensure that the requirements of this Order are carried out where any person fails to comply with those restrictions and requirements (article 16);

(m)

provides the specifics as to the exercise of certain of the powers of veterinary inspectors and of officers of the Secretary of State when an outbreak of African swine fever is suspected. The general powers are set out in sections 63 and 64A of the Animal Health Act 1981 (article 17);

(n)

provides for the enforcement of the Order (article 18).

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

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Movements and Exotic Diseases Division, Department for Environment, Food and Rural Affairs, Room 608, Page Street, London SW1 4PQ.