The Foot-and-Mouth Disease (Wales) Order 2006

Articles 28(2), 29(2), 43(3) and 55(2)

SCHEDULE 1 E+W Cleansing and Disinfection of premises

PART 1 E+W General procedures for cleansing and disinfection of premises

1.  This Part applies to all cleansing and disinfection of premises (including cleansing and disinfection of vehicles equipment and other things liable to spread disease on those premises). E+W

2.  The National Assembly may by notice served on the occupier of any premises direct that any cleansing and disinfection operation must be carried out by that person and such a notice must state whether such cleansing and disinfection is to be carried out at the expense of that person or at the expense of the National Assembly. E+W

3.  Every person carrying out cleansing or disinfection under this Schedule must do so in accordance with this Schedule and with any directions given by an inspector. E+W

4.  Litter and faecal matter must be thoroughly soaked with disinfectant. E+W

5.  All surfaces which may be contaminated must be brushed and scrubbed thoroughly, in particular floors, ramps, walls and the ground, followed by an application of disinfectant. E+W

6.  Equipment or other things obstructing thorough cleansing and disinfection must be moved or dismantled where this is reasonably practicable. E+W

7.  Water used for cleansing must be disposed of so as to minimise the risk of disease spread. E+W

8.  Washing of surfaces with liquids under pressure must be carried out so as to minimise any risk of contamination. E+W

9.  Equipment, installations or other things which may be contaminated must be cleansed and disinfected or destroyed. E+W

10.  Every person carrying out cleansing and disinfection operations must make a written record of it. The record must include the date and time of the operation. E+W

11.  The person in charge of a vehicle which is cleansed and disinfected under this Schedule must ensure, so far as is possible, that the record is kept with the vehicle at all times. E+W

PART 2 E+W Cleansing and disinfection of infected premises

12.  This Part applies to the cleansing and disinfection of infected premises. E+W

Preliminary disinfection of infected premises

13.  Cleansing and disinfection must be carried out during and immediately following slaughter so as to minimise the risk of disease spread and in accordance with the directions of an inspector. E+W

14.  Following slaughter— E+W

(a) every carcase must be sprayed with disinfectant,

(b) carcases removed from the premises for disposal must be contained in covered, leak-proof containers,

(c) all parts of the premises which housed susceptible animals, and any buildings and yards or other surfaces which may have been contaminated during or after slaughter, must be sprayed with disinfectant.

15.  Disinfectant must not be removed for at least 24 hours after application. E+W

Final cleansing and disinfection of infected premises E+W

16.  Grease and dirt must be removed from all surfaces by the application of a degreasing agent and washed with water or steam.

17.  Following degreasing and washing with water or steam, disinfectant must be reapplied. E+W

18.  At least seven days after the reapplication of disinfectant, the operations in paragraphs 16 and 17 must be repeated, followed by final washing with water or steam. E+W

PART 3 E+W Disinfection of contaminated litter, manure and slurry

19.  This Part applies to the disinfection of contaminated litter, manure and slurry on premises except to the extent that it is varied by a notice served on the occupier by the National Assembly. E+W

20.  The litter and the solid phase of manure must be stacked to heat. Unless otherwise directed by the National Assembly this is to be achieved by adding 100kg granulated quick lime to each 1m3 of material. The stack must be heated to a temperature of at least 70°C throughout, sprayed with disinfectant and left for at least 42 days. During this period the stack must either be covered or re-stacked so as to ensure thermic treatment of all layers. E+W

21.—(1) Slurry and the liquid phase of manure must be stored for at least the period in sub-paragraph (2) after the last addition of infective material. E+W

(2) The period for the purposes of sub-paragraph (1) is 42 days or such other period as the National Assembly directs by notice served on the occupier having taken into account—

(a) the extent of the contamination,

(b) the weather conditions, and

(c) the pH of the substance after disinfection and its likely effect on the disease virus.

PART 4 E+W Special cases

22.  Where the National Assembly is satisfied that cleansing and disinfection of premises cannot be completed in accordance with Parts 1 to 3 of this Schedule, it must serve a notice on the occupier notifying him or her of that opinion and paragraph 23 then applies to those premises. E+W

23.  Cleansing and disinfection of premises to which this paragraph applies must be carried out in accordance with the directions of an inspector. E+W

Articles 9(3), 9(5), 10(1), 10(2), 11(2), 14(6) and 17(3)

SCHEDULE 2 E+W Measures applicable to premises on suspicion or confirmation of disease

Record keeping E+W

1.—(1) Subject to sub-paragraph (4), the occupier must create and maintain the following records in respect of the premises—

(a) the number of each species of animal;

(b) for each species of susceptible animal, the number of dead animals, the number suspected of being infected and the number suspected of being contaminated; and

(c) the stock of milk, milk products, meat, meat products, carcases, hides and skins, wool, semen, embryos, ova, slurry, manure, fodder and litter.

(2) Records must be kept in a form approved for the purpose by the National Assembly.

(3) The occupier must maintain the records kept under paragraph (1)(a) and (1)(b) by updating them within 24 hours of any change.

(4) This paragraph does not apply to any person subject to paragraphs 1 of Schedule 4.

Signs publicising infection or suspicion E+W

2.  The occupier must ensure that—

(a) any signs supplied by the National Assembly are displayed in a conspicuous place at the main entrance to the premises or as directed by an inspector, or

(b) if no signs have been supplied by the National Assembly, a sign reading “FOOT-AND-MOUTH DISEASE— KEEP OUT” in block letters at least 10cm high is erected and maintained at every entrance to the premises.

Isolation, removal and detention of susceptible animals E+W

3.—(1) The occupier must ensure that susceptible animals are isolated from persons not attending them and from non-susceptible animals.

(2) On service of a notice by an inspector requiring it the occupier must—

(a) isolate any specified animal or group of animals from all other animals on such part of the premises as is specified, or

(b) remove any specified animal or group of animals from such part of the premises as is specified

and detain that animal or those animals on such other part of the premises as is specified.

(3) No person is permitted to move any animal isolated or detained under a notice served under sub-paragraph (2) except under the authority of a licence granted by an inspector.

Movement of susceptible animals E+W

4.—(1) Subject to this paragraph no person is permitted to move any susceptible animal from or to the premises.

(2) The prohibition in sub-paragraph (1) does not apply to susceptible animals leaving contact premises (other than contact premises in a temporary control zone)—

(a) after the incubation periods of all susceptible animals on the premises have elapsed (calculated from the date of declaration of the contact premises) and under the authority of a licence granted by an inspector; or

(b) where the movement is direct to a slaughterhouse for emergency slaughter and is under the authority of a licence granted by an inspector.

(3) An inspector is not permitted to grant a licence under sub-paragraph (2)(b) unless he or she is satisfied that the animals to be moved have been clinically examined by a veterinary inspector with a negative result and the slaughterhouse is the nearest slaughterhouse to the premises with capacity to slaughter the animals.

(4) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2)(b) must ensure that it is cleansed and disinfected without delay in accordance with article 45.

(5) The prohibition in sub-paragraph (1) does not apply to animals entering or leaving free units (other than free units in a temporary control zone).

(6) The prohibition in sub-paragraph (1) does not apply to the movement of animals leaving infected premises for slaughter under the authority of a licence granted by the National Assembly.

(7) The prohibition in sub-paragraph (1) does not apply to movement from one part of premises to another part of the same premises using an intervening public highway under the authority of a licence granted by a veterinary inspector or by an inspector at the direction of a veterinary inspector.

Movement of things liable to spread disease E+W

5.—(1) Subject to the provisions of this paragraph, no person is to move from the premises any meat, carcase, meat product, milk, milk product, semen, ovum or embryo of a susceptible animal.

(2) Where the National Assembly is satisfied that it is not reasonable to require milk to be kept on the premises, it may—

(a) serve a notice requiring that milk is destroyed on the premises, or

(b) grant a licence authorising milk to be transported from the premises to the nearest place available for disposal or treatment to destroy disease.

(3) Transport of milk under the authority of a licence granted under sub-paragraph (2)(b) must be carried out in a vehicle which an inspector is satisfied is equipped to ensure that there is no risk of spreading disease.

(4) If the National Assembly grants a licence under sub-paragraph (2)(b), it must serve a notice on the person in charge of the premises to which milk is transported directing the method of disposal or treatment.

Movement of fodder, etc. E+W

6.  No person is permitted to move from the premises any fodder, utensils, wool, hide or skins, bristles, animal waste, slurry, manure or any other thing liable to spread disease except under the authority of a licence granted by the National Assembly.

Movement of persons on to or off the premises E+W

7.  No person is permitted to enter or leave the premises unless—

(a) his or her principal residence is a dwelling on the premises,

(b) his or her place of employment is the premises,

(c) it is necessary for the provision of emergency services, or

(d) he or she is authorised to do so by a licence granted by the National Assembly.

Cleansing and disinfection of clothing, etc. E+W

8.—(1) No person is permitted to enter or leave the premises—

(a) wearing clothes or boots which are visibly soiled with mud, slurry, animal faeces, droppings, excretions or any similar matter, and

(b) without cleansing and disinfecting the outer surfaces of his or her footwear in accordance with the directions of an inspector.

(2) No person is permitted to enter any part of the premises—

(a) in which an animal which is infected or suspected of being infected is being kept or has recently been kept, or

(b) in order to attend to or treat an animal,

unless wearing clothing and footwear approved by an inspector.

(3) No person is permitted to leave any such part of the premises without having cleansed his or her hands to the satisfaction of an inspector and having either—

(a) cleansed and disinfected his or her clothing and footwear to the satisfaction of an inspector, or

(b) removed such clothing and footwear for laundering, cleansing and disinfection or disposal as an inspector reasonably directs by notice served on that person.

(4) A notice under sub-paragraph (3)(b) shall specify the required method of laundering, cleansing and disinfection or disposal.

Disinfection E+W

9.—(1) The occupier must provide and renew such clean water and means of disinfection as an inspector directs at every entrance to the premises and at every entrance to a building where susceptible animals are kept.

(2) The occupier must ensure that any slurry or shed washings are disinfected in accordance with the directions of an inspector before they are permitted to drain or escape from any part of the premises where an infected animal or an animal suspected of being infected or contaminated is or has been kept.

Movement of vehicles on to or off the premises E+W

10.  No person is permitted to move any vehicle on to or off the premises unless—

(a) it is necessary for the provision of emergency services, or

(b) it is authorised by a licence granted by the National Assembly.

Movement of non-susceptible animals E+W

11.  No person is permitted to move from the premises any non-susceptible animal except under the authority of a licence granted by the National Assembly.

Control of rodents E+W

12.  The occupier must take steps to destroy any rats, mice and other rodents on the premises so far as this is possible.

Article 12(9)

SCHEDULE 3 E+W Criteria for confirming disease

1.  Disease virus has been isolated from, an animal kept on the premises, any product derived from that animal, or its environment. E+W

2.  Clinical signs consistent with disease are observed in an animal kept on the premises, and the viral antigen or viral ribonucleic acid (RNA) specific to one or more of the serotypes of the disease virus has been detected and identified in samples collected from the animal or animals of the same epidemiological group. E+W

3.  Clinical signs consistent with disease are observed in an animal kept on the premises and the animal or its cohorts have tested positive for antibody to the disease virus structural or non-structural proteins (and previous vaccination, residual maternal antibodies or non-specific reactions can be excluded as possible causes of seropositivity). E+W

4.  Viral antigen or viral RNA specific to one or more of the serotypes of the disease virus has been detected and identified in samples collected from an animal kept on the premises and the animal is positive for antibody to disease virus structural or non-structural proteins (and in the case of antibodies to structural proteins previous vaccination, residual maternal antibodies or non-specific reactions can be excluded as possible causes of seropositivity). E+W

5.  An epidemiological link has been established to infected premises and at least one of the following conditions applies— E+W

(a) one or more animals kept on the premises are positive for antibody to the disease virus structural or non-structural proteins (and previous vaccination, residual maternal antibodies or non-specific reactions can be excluded as possible causes of seropositivity);

(b) viral antigen or viral RNA specific to one of the serotypes of the disease virus has been detected and identified in samples collected from one or more animals kept on the premises;

(c) serological evidence of active infection with disease has been established in one or more animals kept on the premises (and previous vaccination, residual maternal antibodies or non-specific reactions can be excluded as possible causes of seropositivity) by detection of seroconversion from negative to positive for antibody to the disease virus structural or non-structural proteins (where a previous seronegative status cannot reasonably be expected, carried out in paired samples collected from the same animals on two or more occasions at least 5 days apart, in the case of structural proteins, and at least 21 days apart, in the case of non-structural proteins);

(d) clinical signs consistent with disease are observed in a susceptible animal kept on the premises.

Article 34(1)

SCHEDULE 4 E+W Measures applicable in respect of protection and surveillance zones

PART 1 E+W Measures applicable in respect of both protection and surveillance zones

Record keeping in protection and surveillance zones E+W

1.—(1) The occupier of every premises in a protection zone or surveillance zone where susceptible animals are kept must create and maintain the following records in respect of the premises—

(a) the number of each species of animal kept;

(b) for each species of susceptible animal, the number of dead, the number suspected of being infected and the number suspected of being contaminated;

(c) the stock of milk, milk products, meat, meat products, carcases, hides and skins, wool, semen, embryos, ova, slurry, manure, fodder and litter.

(2) Records must be kept in a form approved for the purpose by the National Assembly.

(3) The occupier must maintain the records kept under paragraph 4 and (1)(b) by updating them within 24 hours of any change.

Straying of susceptible animals E+W

2.—(1) The keeper of a susceptible animal in a protection zone or surveillance zone must take all such steps as are necessary to prevent it from straying from the premises on which it is kept.

(2) An inspector may detain any stray or feral susceptible animal found in a protection zone or a surveillance zone.

Control of dogs and poultry in protection and surveillance zones E+W

3.—(1) The owner of any dog in a protection zone or surveillance zone must keep it under control by—

(a) confining it in a dwellinghouse, kennel or other enclosure,

(b) securing it to a fixed object by a collar and chain, or

(c) accompanying it or ensuring that it is accompanied by a responsible person.

(2) An inspector may seize any dog which is not kept under control in accordance with sub-paragraph (1) and deal with it as if it was a dog seized under the powers conferred by section 149 of the Environmental Protection Act 1990 M1 .

(3) An inspector may, if he or she considers that any dog or poultry is not under control, by notice served on the occupier of the premises where it is kept, require him or her to keep that dog or poultry under control, or to confine it to the part of the premises specified in the notice.

Marginal Citations

M1 1990, c. 43.

Shearing or dipping sheep in a protection zone or surveillance zone E+W

4.—(1) Subject to the sub paragraph (2), no person is permitted to—

(a) shear or dip sheep, or

(b) handle fleeces or sheep during shearing or dipping,

in a protection zone or surveillance zone except under the authority of a licence granted by an inspector.

(2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his or her employees (other than any person employed by him or her primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.

(3) In this article—

(a) “shearing” includes clipping and dagging, and

(b) “dipping” includes showering and jetting sheep with sheep dip.

Ultrasound scanning of sheep in a protection or surveillance zone E+W

5.—(1) Subject to sub-paragraph (2), no person is permitted to carry out ultrasound scanning of sheep in a protection zone or surveillance zone except under the authority of a licence granted by an inspector.

(2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his or her employees (other than any person employed by him primarily for the purpose of carrying out ultrasound scanning of sheep) in respect of the carrying out of ultrasound scanning of sheep kept on those premises using ultrasound scanning equipment of which the occupier is the owner or person in charge.

Semen, ova and embryos collected in a protection or surveillance zone E+W

6.—(1) This paragraph applies to semen, ova and embryos collected from susceptible animals originating in a protection zone or a surveillance zone.

(2) No person is permitted sell or consign for sale any animal product to which this paragraph applies unless it complies with sub-paragraph (3) or sub-paragraph (4).

(3) Semen, ova and embryos comply with this sub-paragraph if they satisfy the following requirements—

(a) they are frozen;

(b) they were collected and stored before the date 21 days before the earliest infection date in the protection zone, or in the case of a surveillance zone, the associated protection zone;

(c) they have at all times been stored separately from semen, ova and embryos which were not so collected and stored.

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

(a) it is frozen;

(b) it was collected and stored on or after the date 21 days before the earliest infection date in the protection zone, or in the case of a surveillance zone, the associated protection zone;

(c) it was at all times stored separately from semen which was not so collected and stored;

(d) it is not sold or consigned for sale until the premises on which it was collected is no longer in a protection or surveillance zone;

(e) a veterinary inspector certifies by notice served on the owner of the semen that he has—

(i) clinically examined all susceptible animals on the premises on which it was collected,

(ii) subjected a serological sample from each such animal to a test for disease with a negative result, and

(iii) subjected a serological sample taken from the donor animal 28 days or more after collection of the semen to a test for the detection of antibodies against disease with a negative result.

Hides and skins of susceptible animals originating in a protection or surveillance zone E+W

7.—(1) This paragraph applies to hides and skins of susceptible animals originating in a protection zone or surveillance zone.

(2) No person is permitted to sell or consign for sale any animal product to which this paragraph applies unless either—

(a) it was—

(i) produced before the date 21 days before the earliest infection date in the protection zone, or in the case of a surveillance zone, the associated protection zone, and

(ii) at all times stored separately from hides and skins which were not so produced; or

(b) it has been treated so that it falls within paragraph 2 of Schedule 5.

Wool, ruminant hair and pig bristles from animals originating in a protection or surveillance zone E+W

8.—(1) This paragraph applies to wool, ruminant hair and pig bristles from animals originating in a protection zone or a surveillance zone.

(2) No person is permitted to sell or consign for sale any animal product to which this paragraph applies unless either—

(a) it was—

(i) produced before the date 21 days before the earliest infection date in the protection zone, or in the case of a surveillance zone, the associated protection zone, and

(ii) at all times was stored separately from wool, ruminant hair and pig bristles which were not so produced; or

(b) it has been treated so that it falls within paragraph 3 of Schedule 5.

Other animal products produced in a protection zone or a surveillance zone or from animals originating in such a zone E+W

9.—(1) This paragraph applies to any animal product to which the other paragraphs in this Schedule do not apply if it is produced—

(a) in a protection zone or surveillance zone from susceptible animals, or

(b) from susceptible animals originating in a protection zone or surveillance zone.

(2) No person is permitted to sell or consign for sale an animal product to which this paragraph applies unless it satisfies one of the following requirements—

(a) it was—

(i) produced before the date 21 days before the earliest infection date in the protection zone, or in the case of a surveillance zone, the associated protection zone, and

(ii) at all times stored and transported separately from animal products not so produced;

(b) it has been treated so that it falls within paragraph 4 of Schedule 5;

(c) where it is referred to in one of paragraphs 5 to 9 of Schedule 5, it has been treated so that it falls within that paragraph;

(d) it is a composite product (that is, a manufactured or processed product containing more than one ingredient at least one of which is an animal product) and each ingredient which is an animal product—

(i) is referred to in a paragraph of Schedule 5 and has been treated so that it falls within that paragraph (either before manufacturing or processing or as part of the composite product), or

(ii) was produced from susceptible animals not originating on infected, suspect or contact premises or in a temporary control zone, protection zone, surveillance zone or vaccination zone;

(e) it is a packaged product ready for use—

(i) as a reagent, reagent product, calibrator, kit or any other system (whether used alone or in combination),

(ii) in vitro for the examination of samples of human or animal origin (with the exception of donated organs or blood), and

(iii) solely or principally with a view to the diagnosis of a physiological state, state of health, disease or genetic abnormality or to determine safety and compatibility with reagents.

PART 2 E+W Measures applicable only in respect of a protection zone

Movement of susceptible animals from or to premises in a protection zone E+W

10.—(1) Subject to the provisions of this paragraph, no person is permitted to move any susceptible animal from or to premises in a protection zone.

(2) The prohibition in sub-paragraph (1) does not apply to transport of susceptible animals for emergency slaughter under the authority of a licence granted by an inspector from premises in a protection zone direct to a slaughterhouse—

(a) in the same protection zone, or

(b) if there is no slaughterhouse in that protection zone, outside the protection zone.

(3) No inspector is permitted to grant a licence under sub-paragraph (2) unless he or she is satisfied that—

(a) a veterinary inspector has within the previous 24 hours carried out a clinical examination of every susceptible animal on the premises, and

(b) there is no suspicion of infection or contamination on the premises.

(4) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2) must ensure that it is cleansed and disinfected in accordance with article 45.

(5) The prohibition in sub-paragraph (1) does not apply to the movement of animals leaving infected premises for slaughter under the authority of a licence granted under sub-paragraph 4(6) of Schedule 2.

(6) The prohibition in sub-paragraph (1) does not apply to movement from one part of premises to another part of the same premises using an intervening public highway under the authority of a licence granted by a veterinary inspector or by an inspector at the direction of a veterinary inspector.

Movement of non-susceptible animals from or to premises in a protection zone where susceptible animals are kept E+W

11.—(1) Subject to the provisions of this paragraph, no person is permitted to move any non-susceptible animal from or to premises in a protection zone where susceptible animals are kept.

(2) The prohibition in sub-paragraph (1) does not apply to—

(a) movement of pet animals which are not susceptible animals,

(b) movement of horses under the terms of a licence granted by an inspector, and

(c) movement from one part of premises to another part of the same premises using an intervening public highway and under the authority of a licence granted by a veterinary inspector or by an inspector at the direction of a veterinary inspector.

(3) Any inspector granting a licence under sub-paragraph (2)(b) must take account of the recommended measures in paragraph 2.2 of Annex VI to the Directive.

Movement of animals into or out of a protection zone E+W

12.—(1) Subject to the provisions of this paragraph, no person is permitted to move any animal into or out of a protection zone.

(2) The prohibition in sub-paragraph (1) does not apply to—

(a) movement permitted under paragraph 10 or 11,

(b) movement of pet animals which are not susceptible animals,

(c) movement of horses under the terms of a licence granted by an inspector,

(d) transport through the zone without stopping, or

(e) transport from outside the zone directly to a slaughterhouse in the zone for immediate slaughter there under the terms of a licence granted by an inspector.

(3) Any inspector granting a licence under sub-paragraph (2)(c) must take account of the recommended measures in paragraph 2.2 of Annex VI to the Directive.

(4) A licence granted under sub-paragraph 2(e) must—

(a) certify that the premises on which the movement originates is outside the protection zone, and

(b) specify the route to be taken.

(5) The person in charge of any vehicle used to transport animals under the authority of a licence granted under sub-paragraph (2)(e) must ensure that—

(a) it is cleansed and disinfected in accordance with article 45; and

(b) details of the cleansing and disinfection are recorded in a document which is kept with the vehicle at all times and retained for at least 6 months after the last such cleansing and disinfection.

Movement of vehicles from premises in a protection zone where susceptible animals are kept E+W

13.  No person is permitted to move any vehicle designed or adapted for the transport of animals from premises in a protection zone where susceptible animals are kept except under the authority of a licence granted by an inspector.

Control of animal gatherings in a protection zone E+W

14.  No person is permitted to hold any animal gathering in a protection zone.

Control of gatherings of people in a protection zone E+W

15.—(1) No person is permitted to hold or take part in the following activities in a protection zone—

(a) hunting any drag or other trail;

(b) falconry, except under the authority of a licence granted by the National Assembly;

(c) point-to-point meetings;

(d) stalking;

(e) shooting game or other wildlife or deer, except that—

(i) the occupier of any land, members of his or her household, persons employed by him or her as beaters and any member of a shooting party of not more than three persons authorised by him or her may shoot game, other wildlife or deer found on that land;

(ii) a person may shoot birds under the authority of a licence granted by the National Assembly; and

(iii) a person may cull deer under the authority of a licence granted by the National Assembly.

(2) Where holding any recreational or sporting activity may, in the opinion of the National Assembly, spread disease, it may prohibit it by serving a notice on the person responsible for the activity.

(3) In this paragraph “falconry” means the use of birds of the order Falconiformae to hunt for game or other wildlife.

Breeding in a protection zone E+W

16.—(1) No person is permitted to carry out breeding of susceptible animals by means of itinerant service in a protection zone.

(2) No person is permitted to carry out artificial insemination of animals or collect any embryo or ovum in a protection zone except in compliance with sub-paragraph (3) or (4).

(3) Artificial insemination of a susceptible animal complies with this sub-paragraph if it satisfies the following requirements—

(a) it is carried out by the occupier of the premises where the animal is kept (or any employee of that occupier);

(b) the semen used has not left the premises since the protection zone was declared, or was delivered to the occupier or his or her employee at a place outside the premises from a semen collection centre;

(c) it is carried out using equipment which has been on the premises since the protection zone was declared.

(4) Artificial insemination of a non-susceptible animal or the collection of embryos, or ova from such an animal complies with this sub-paragraph if—

(a) it is carried out by the occupier of the premises where the animal is kept (or any employee of that occupier), and

(b) either no susceptible animals are kept on the premises or (in the case of artificial insemination only) it is carried out under the authority of a licence granted by the National Assembly.

Slaughter for private consumption in a protection zone E+W

17.  No person is permitted to slaughter a susceptible animal on premises in a protection zone for private consumption on those premises.

Transport of fodder in a protection zone E+W

18.  No person is permitted to transport fodder to premises in a protection zone where susceptible animals are kept except under the authority of a licence granted by an inspector.

Sale of fodder originating in a protection zone E+W

19.  No person is permitted to sell or consign for sale fodder produced in a protection zone unless it satisfies one of the following requirements—

(a) it was—

(i) produced before the date 21 days before the earliest infection date in the protection zone, and

(ii) at all times stored and transported separately from other fodder and in such a way as to avoid contamination;

(b) it is authorised for sale in that protection zone by a licence granted by an inspector;

(c) it was produced on premises where no susceptible animals are kept using raw materials also produced on such premises or raw materials produced outside the protection zone;

(d) it is straw or forage falling within paragraph 10 of Schedule 5.

Transport, treatment and spreading of dung and manure produced in a protection zone E+W

20.—(1) This paragraph applies to dung or manure—

(a) from premises in a protection zone where susceptible animals are kept, or

(b) collected from vehicles carrying susceptible animals from or within a protection zone.

(2) No person is permitted to transport dung or manure to which this paragraph applies unless such transport complies with sub-paragraph (3) or (5), and with sub-paragraph (6).

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

[F1 (4) The occupier of premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) must ensure that it is treated in accordance with Articles 15 and 32 of Regulation (EC) No. 1069/2009 and Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011.]

(5) Transport of dung or manure for spreading complies with this sub-paragraph if it satisfies the following requirements—

(a) the dung or manure is for spreading at premises where no susceptible animals are kept;

(b) the dung or manure was produced at least 21 days before the earliest infection date in the protection zone;

(c) where the dung or manure is from bovine animals or pigs—

(i) all animals on the premises where it was produced have been clinically examined by a veterinary inspector who is satisfied by such examination that they are free of infection, and

(ii) the dung or manure was produced at least 4 days before such examination.

(6) Transport of dung or manure complies with this sub-paragraph if it is carried out in vehicles which are—

(a) constructed and maintained so that there is no leakage of the load during transport, and

(b) cleansed and disinfected after loading and before leaving the premises of origin.

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

(8) The person in charge of a vehicle to be cleansed and disinfected so as to comply with sub-paragraph (6) or with sub-paragraph (7) must ensure that such cleansing and disinfection is carried out so that—

(a) the exterior (including the wheels and wheel arches) is not marked with mud, dung, manure or similar matter on leaving either premises,

(b) the interior (excluding any driver or passenger compartment) is not so marked on leaving the premises of destination, and

(c) any additional requirements as an inspector directs are complied with.

(9) No person is permitted to spread dung or manure to which this paragraph applies unless such spreading is authorised by a licence granted by an inspector and—

(a) the dung or manure is spread from not more than 1 metre above the ground;

(b) liquid spread is not by equipment producing a jet or spray unless the discharge point is directed downwards at an angle of not less than 45° from horizontal; and

(c) once spread the dung or manure is immediately incorporated into the ground.

(10) Any licence granted under sub-paragraph (9) must contain at least the following terms—

(a) designation of the fields on which dung or manure from bovine animals or pigs may be spread, and

(b) designation of a distance from premises where susceptible animals are kept within which dung or manure must not be spread.

Textual Amendments

F1 Sch. 4 para. 20(4) substituted (28.3.2014) by The Animal By-Products (Enforcement) (Wales) Regulations 2014 (S.I. 2014/517), reg. 1(2)(3), Sch. 2 para. 1(5)(a)

Fresh meat etc. derived from susceptible animals originating in a protection zone E+W

21.—(1) This paragraph applies to fresh meat, minced meat and mechanically separated meat derived from susceptible animals originating in a protection zone.

(2) No person is permitted to sell or consign for sale meat to which this paragraph applies or move such meat out of a protection zone unless—

(a) it was produced before the date 21 days before the earliest infection date in the protection zone,

(b) after production, it was at all times stored and transported separately from meat to which this paragraph applies produced on or after that date, and

(c) it was health or identification marked and that mark was overstamped.

Fresh meat etc. produced on premises in a protection zone E+W

22.—(1) This paragraph applies to fresh meat, minced meat and mechanically separated meat derived from susceptible animals and produced on premises in a protection zone.

(2) No person is permitted to sell or consign for sale meat to which this paragraph applies or move such meat out of a protection zone unless it has been produced in an establishment which—

(a) is authorised by a licence granted by the National Assembly imposing such conditions as it considers necessary to ensure strict veterinary control of the establishment;

(b) processes only meat falling within sub-paragraph (3); and

(c) at all times during the production process stores, identifies and transports products intended to be eligible for despatch outside the protection zone separately from those which are not, and in accordance with the directions of the National Assembly.

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

(a) it was either—

(i) produced in the protection zone before the date 21 days before the earliest infection date there, or

(ii) produced from animals reared and slaughtered outside a protection zone, or

(iii) produced from animals transported to the establishment under the authority of a licence granted under paragraph 12(2)(e), and slaughtered there; and

(b) it is health or identification marked.

Meat products produced from meat derived from susceptible animals originating in a protection zone E+W

23.—(1) This paragraph applies to meat products produced from meat derived from susceptible animals originating in a protection zone.

(2) No person is permitted to sell or consign for sale any meat product to which this paragraph applies unless—

(a) it was produced from fresh meat, minced meat or mechanically separated meat which may be sold or consigned for sale because it satisfies the conditions in paragraph 21(2), or

(b) it was produced from fresh meat, minced meat or mechanically separated meat which was—

(i) health or identification marked and that mark was overstamped.

(ii) transported in sealed containers to an establishment designated by the National Assembly as authorised to treat meat from a protection zone, and

(iii) treated at that establishment so that it falls within paragraph 1 of Schedule 5.

Milk and milk products produced from susceptible animals originating in a protection zone or on premises in a protection zone E+W

24.—(1) No person is permitted to sell or consign for sale the milk of a susceptible animal originating in a protection zone or any milk product produced from such milk unless it complies with sub-paragraph (2) or (3).

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

(a) they were produced before the date 21 days before the earliest infection date in the protection zone, and

(b) they have at all times been stored and transported separately from milk and milk products produced on or after that date.

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

(a) they have been treated so as to fall within paragraph 13 or 14 of Schedule 5, and

(b) that treatment was carried out either—

(i) in the protection zone on premises which comply with sub-paragraph (6), or

(ii) outside the protection zone on such premises as the National Assembly may direct.

(4) No person is permitted to sell or consign for sale the milk of a susceptible animal produced on premises in the protection zone or any milk product produced from such milk unless—

(a) transport of raw milk from outside a protection zone to those premises complies with sub-paragraph (5), and

(b) those premises comply with sub-paragraph (6).

(5) Transport of raw milk complies with this sub-paragraph if—

(a) the vehicle was cleansed and disinfected at the premises of origin and before loading in accordance with the directions of an inspector, and

(b) the vehicle did not enter any other premises in a protection zone where susceptible animals are kept after that cleansing and disinfection.

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

(a) they are authorised by a licence granted by the National Assembly imposing such conditions as it considers necessary to ensure strict veterinary control;

(b) all milk entering the premises—

(i) complies with sub-paragraph (2) or (3), or

(ii) enters for treatment so that it complies with sub-paragraph (3), or

(iii) is raw milk produced outside the protection zone;

(c) milk on the premises and leaving the premises is clearly identified as eligible for sale outside the protection zone and is at all times stored and transported separately from raw milk and raw milk products which are not so eligible.

Collection, transport and processing of milk and milk products produced in a protection zone E+W

25.—(1) No person is permitted to collect and transport milk produced on premises in a protection zone where susceptible animals are kept out of that protection zone or process any such milk unless such transport complies with sub-paragraph (2) and is carried out in a vehicle which complies with sub-paragraph (3).

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

(a) transport of samples of raw milk—

(i) to a laboratory authorised in respect of the disease under article 4 of the Specified Animal Pathogens Order 1998 M2 , or

(ii) to another laboratory under the authority of a licence granted by an inspector; or

(b) transport to premises other than a laboratory under the authority of a licence granted by an inspector.

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

(a) has been authorised to operate within the part of Wales in which the journey is to take place by a licence granted by the National Assembly, and

(b) has been marked so as to identify the geographical area in which it is authorised to operate in accordance with the directions of the National Assembly.

(4) A licence granted under sub-paragraph 2(b) must specify the route to be taken and must include a condition prohibiting the vehicle from entering any premises in the zone where susceptible animals are kept for purposes other than to load milk.

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

(a) the vehicle used is constructed and maintained so that there is no leakage of milk during transport and is equipped to avoid aerosol dispersion during loading and unloading,

(b) before every loading, the vehicle is cleansed and disinfected in accordance with the directions of an inspector, and

(c) after every loading and before leaving the premises, the connection pipes, tyres, wheel cases and lower parts of the vehicle, and any spillage of milk, are cleansed and disinfected in accordance with the directions of an inspector.

(6) No person is permitted to process milk transported to a laboratory under this paragraph except under the authority of a licence granted by an inspector.

Marginal Citations

M2 S.I. 1998/463.

PART 3 E+W Measures applicable only in respect of a surveillance zone

Movement of animals from premises in a surveillance zone E+W

26.—(1) Subject to the provisions of this paragraph, no person is permitted to move any susceptible animal from premises in a surveillance zone.

(2) The prohibition in sub-paragraph (1) does not apply to transport of susceptible animals for emergency slaughter under the authority of a licence granted by an inspector from premises in a surveillance zone direct to a slaughterhouse—

(a) in the same surveillance zone, or

(b) where there is no slaughterhouse in that surveillance zone, outside the surveillance zone and its associated protection zone.

(3) An inspector is not permitted to grant a licence under sub-paragraph (2) unless he or she is satisfied that—

(a) a veterinary inspector has within the previous 24 hours carried out a clinical examination on every susceptible animal on the premises, and

(b) there is no suspicion of infection or contamination on the premises.

(4) The prohibition in sub-paragraph (1) does not apply to transport of susceptible animals for slaughter under the terms of a licence granted by an inspector—

(a) direct to a slaughterhouse outside that surveillance zone and its associated protection zone, or

(b) direct to a slaughterhouse in that surveillance zone.

(5) An inspector is not permitted to grant a licence under sub-paragraph (4) unless he or she is satisfied that—

(a) the records required by paragraph 1 have been maintained in respect of the premises,

(b) a veterinary inspector has within the previous 24 hours inspected every susceptible animal on the premises and has carried out a clinical examination of a representative sample of such susceptible animals, and

(c) there is no suspicion of infection or contamination on the premises.

(6) An inspector is not permitted to grant a licence under sub-paragraph (4)(a) unless he or she is also satisfied that—

(a) there is no slaughterhouse in that surveillance zone with sufficient capacity to slaughter the animals, and

(b) the slaughterhouse at which slaughter is to take place is the nearest slaughterhouse outside the surveillance zone and its associated protection zones with such capacity.

(7) A licence granted under sub-paragraph (2) or (4) may permit transport through the associated protection zone and in such case must include a condition requiring that the vehicle travels through that protection zone without stopping.

(8) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2) or (4) must ensure that it is cleansed and disinfected in accordance with article 45.

(9) The prohibition in sub-paragraph (1) does not apply to the leading of susceptible animals to pasture in that surveillance zone under the authority of a licence granted by an inspector.

(10) An inspector is not permitted to grant a licence under sub-paragraph (9) unless—

(a) he or she is satisfied that a veterinary inspector has examined all susceptible animals on the premises (including testing of samples) and concluded that there are no animals suspected of being infected or contaminated on the premises,

(b) at least 15 days have elapsed since the most recent confirmed case of disease in the associated protection zone, and

(c) the licence contains a term requiring that animals do not come into contact with susceptible animals from other premises.

(11) The prohibition in sub-paragraph (1) does not apply to movement from one part of premises to another part of the same premises using an intervening public highway under the authority of a licence granted by a veterinary inspector or by an inspector at the direction of a veterinary inspector.

Control of animal gatherings and gatherings of people in a surveillance zone E+W

27.—(1) No person is permitted to—

(a) hold any animal gathering which includes susceptible animals in a surveillance zone, or

(b) hold any gathering of people on premises in a surveillance zone in connection with the sale of any susceptible animal kept there at which more than two people (other than the owner or keeper of the animal and his or her representatives) are present,

except under the authority of a licence granted by the National Assembly.

(2) Subject to sub-paragraph (3), no person is permitted hold or take part in the following activities in a surveillance zone—

(a) hunting any drag or other trail,

(b) stalking, or

(c) shooting deer,

except under the authority of a licence granted by the National Assembly.

(3) Nothing in sub-paragraph (2) makes it unlawful for the occupier of any land, members of his or her household, persons employed by him as beaters and any member of a shooting party of not more than three persons authorised by him or her to shoot deer found on that land.

Fresh meat etc. derived from susceptible animals originating in a surveillance zone E+W

28.—(1) This paragraph applies to fresh meat, minced meat and mechanically separated meat derived from susceptible animals originating in a surveillance zone.

(2) No person is permitted to sell or consign for sale meat to which this paragraph applies or move such meat out of a surveillance zone unless—

(a) it falls within sub-paragraph (3), or

(b) it is meat (excluding heads, viscera and offal) which complies with sub-paragraph (4), (5) or (6), or

(c) it falls within sub-paragraph (7).

(3) Meat falls within this sub-paragraph if it satisfies the following requirements—

(a) it was produced before the date 21 days before the earliest infection date in the associated protection zone;

(b) after production, it was at all times stored and transported separately from products to which this paragraph applies produced on or after that date;

(c) it was health or identification marked and that mark was overstamped.

(4) Meat complies with this sub-paragraph if it is from ruminants and has been deboned so that it falls within paragraph 11 of Schedule 5 and matured so that it falls within paragraph 12 of Schedule 5.

(5) Meat complies with this sub-paragraph if—

(a) the animals from which it was produced were resident on the same premises for at least 21 days before slaughter and were identified so as to allow the tracing of those premises, and

(b) the meat has been clearly identified and detained under the supervision of the National Assembly for at least 7 days and until any suspicion of infection on the premises of origin has been ruled out.

(6) Meat complies with this sub-paragraph if—

(a) the animals passed the 21 days before slaughter on the same premises during which no susceptible animal was introduced onto those premises,

(b) samples taken within 48 hours before loading have been tested with a negative result in an assay for the detection of antibodies against the disease virus, and

(c) the meat has been detained under the control of the National Assembly for 24 hours and released only after a repeat inspection of the animals on the premises of origin ruled out on clinical inspection the presence of infected animals or animals suspected of being infected.

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

(a) it is trimmed offal;

(b) it was health or identification marked and that mark was overstamped; and

(c) it was subsequently treated so that it falls within paragraph 1 of Schedule 5.

Fresh meat etc. produced on premises in a surveillance zone E+W

29.—(1) This paragraph applies to fresh meat, minced meat and mechanically separated meat derived from susceptible animals and produced on premises in a surveillance zone.

(2) No person is permitted to sell or consign for sale meat to which this paragraph applies or move such meat out of a surveillance zone unless it has been produced in an establishment which—

(a) is authorised by a licence granted by the National Assembly imposing such conditions as it considers necessary to ensure strict veterinary control of the establishment;

(b) processes only meat falling within sub-paragraph (3);

(c) at all times during the production process stores, identifies and transports products eligible for despatch outside the surveillance zone separately from those which are not and in accordance with the directions of the National Assembly.

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

(a) it was either—

(i) produced from animals transported to the slaughterhouse from the surveillance zone and it falls within sub-paragraph 28(4), 28(5) or 28(6), or

(ii) produced from animals reared and slaughtered outside the surveillance zone and its associated protection zone, or

(iii) produced from animals transported to the slaughterhouse from the protection zone under the authority of a licence granted under paragraph 12(2)(e); and

(b) it is health or identification marked.

Meat products produced from meat derived from susceptible animals originating in a surveillance zone or produced on premises in a surveillance zone E+W

30.—(1) This paragraph applies to meat products—

(a) produced from meat derived from susceptible animals originating in a surveillance zone, or

(b) produced on premises in a surveillance zone.

(2) No person is permitted to sell or consign for sale any product to which this paragraph applies or move any such product out of a surveillance zone unless it complies with sub-paragraph (3) or sub-paragraph (4).

(3) Meat products comply with this sub-paragraph if they are produced from fresh meat, minced meat or mechanically separated meat which was—

(a) health or identification marked and that mark was overstamped,

(b) transported to an establishment designated by the National Assembly as authorised to treat meat from a surveillance zone, and

(c) treated at that establishment so that it falls within paragraph 1 of Schedule 5.

(4) Meat products comply with this sub-paragraph if they are produced in an establishment which—

(a) is authorised by a licence granted by the National Assembly imposing such conditions as it considers necessary to ensure strict veterinary control of the establishment;

(b) processes only meat falling within sub-paragraph 29(3);

(c) at all times during the production process stores, identifies and transports products eligible for despatch outside the surveillance zone separately from those which are not and in accordance with the directions of the National Assembly.

Milk and milk products produced from susceptible animals originating in a surveillance zone or on premises in a surveillance zone E+W

31.—(1) No person is permitted to sell or consign for sale the milk of a susceptible animal originating in a surveillance zone or any milk product produced from such milk unless it complies with sub-paragraph (2) or (3).

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

(a) they were produced before the date 21 days before the earliest infection date in the associated protection zone, and

(b) they have at all times been stored and transported separately from milk and milk products produced on or after that date.

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

(a) they have been treated so as to fall within paragraph 13 or 14 of Schedule 5, and

(b) that treatment was carried out either—

(i) in the surveillance zone on premises complying with sub-paragraph (6), or

(ii) outside any protection or surveillance zone on such premises as the National Assembly may direct.

(4) No person is permitted to sell or consign for sale the milk of a susceptible animal produced on premises in a surveillance zone or any milk product produced from such milk unless—

(a) the transport of raw milk from outside the zone and its associated protection zone to those premises complies with sub-paragraph (5), and

(b) those premises comply with sub-paragraph (6).

(5) Transport of raw milk complies with this sub-paragraph if—

(a) the vehicle was cleansed and disinfected at the premises of origin and before loading in accordance with the directions of an inspector, and

(b) the vehicle did not enter any other premises in a protection or surveillance zone where susceptible animals are kept since that cleansing and disinfection.

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

(a) they are authorised by a licence granted by the National Assembly imposing such conditions as it considers necessary to ensure strict veterinary control;

(b) all milk entering the premises—

(i) complies with sub-paragraph (3), or

(ii) enters for treatment so that it complies with sub-paragraph (3), or

(iii) was produced outside the surveillance zone and its associated protection zone;

(c) milk on the premises and leaving the premises is clearly identified as eligible for sale outside the surveillance zone and is at all times stored and transported separately from milk and milk products which are not so eligible.

Collection, transport and processing of raw milk produced in a surveillance zone E+W

32.—(1) No person is permitted to collect and transport raw milk produced on premises in a surveillance zone where susceptible animals are kept out of that surveillance zone or process any such milk unless such transport complies with sub-paragraph (2) and is carried out in a vehicle which complies with sub-paragraph (3).

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

(a) transport of samples of raw milk—

(i) to a laboratory authorised in respect of the disease under article 4 of the Specified Animal Pathogens Order 1998 M3 , or

(ii) to another laboratory under the authority of a licence granted by an inspector; or

(b) transport to premises other than a laboratory under the authority of a licence granted by an inspector.

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

(a) has been authorised to operate in the part of Wales in which the journey is to take place by a licence granted by the National Assembly, and

(b) has been marked so as to identify the geographical area in which it is authorised to operate in accordance with the directions of the National Assembly.

(4) A licence granted under sub-paragraph (2)(b) must specify the route to be taken and must include a condition prohibiting the vehicle from entering any premises in the zone where susceptible animals are kept for purposes other than to load milk.

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

(a) the vehicle used is constructed and maintained so that there is no leakage of milk during transport and is equipped to avoid aerosol dispersion during loading and unloading,

(b) before every loading, the vehicle is cleansed and disinfected in accordance with the directions of an inspector, and

(c) after loading and before leaving the premises, the connection pipes, tyres, wheel cases and lower parts of the vehicle, and any spillage of milk, are cleansed and disinfected in accordance with the directions of an inspector.

(6) No person is permitted to process milk transported under this paragraph except under the authority of a licence granted by an inspector.

Marginal Citations

M3 S.I. 1998/463.

Transport, treatment and spreading of dung and manure produced in a surveillance zone E+W

33.—(1) This paragraph applies to dung or manure—

(a) from premises within a surveillance zone where susceptible animals are kept, or

(b) collected from vehicles carrying susceptible animals from or within a surveillance zone.

(2) No person is permitted to transport dung or manure to which this paragraph applies unless such transport complies with sub-paragraph (3), (5) or (7), and with sub-paragraph (10).

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

[F2 (4) The occupier of any premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) must ensure that it is treated in accordance with Articles 15 and 32 of Regulation (EC) No. 1069/2009 and Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011.]

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

(a) the dung or manure is for spreading,

(b) the transport is under the authority of a licence granted by an inspector, and

(c) before grant of the licence a veterinary inspector clinically examined all susceptible animals on the premises where it was produced and was satisfied by such examination that they are not suspected of infection.

(6) No person is permitted to spread dung or manure transported by authority of a licence granted under sub-paragraph (5) unless such spreading is authorised by a licence granted by an inspector and the dung or manure—

(a) is spread from not more than 1 metre above the ground,

(b) if liquid, is not discharged by equipment producing a jet or spray unless the discharge point is directed downwards at an angle of not less than 45° from horizontal, and

(c) is immediately incorporated into the ground.

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

(a) the dung or manure is for spreading,

(b) the transport is under the authority of a licence granted by an inspector, and

(c) before grant of the licence a veterinary inspector clinically inspected all susceptible animals on the premises where it was produced and was satisfied that they are not suspected of infection.

(8) No person is permitted to spread dung or manure transported by authority of a licence granted under sub-paragraph (7) unless such spreading is authorised by a licence granted by an inspector and the dung or manure is injected into the ground.

(9) Any licence granted under sub-paragraph (6) or (8) must contain at least the following terms—

(a) designation of the areas within which the dung and manure must be spread;

(b) designation of a distance from other premises where susceptible animals are kept within which dung or manure must not be spread.

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

(a) constructed and maintained so that there is no leakage of the load during transport, and

(b) cleansed and disinfected after loading and before leaving the premises of origin.

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

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

(a) the exterior (including the wheels and wheel arches) is not marked with mud, dung, manure or similar matter on leaving either premises,

(b) the interior (excluding any driver or passenger compartment) is not so marked on leaving the premises of destination, and

(c) any additional requirements as an inspector directs are complied with.

Textual Amendments

F2 Sch. 4 para. 33(4) substituted (28.3.2014) by The Animal By-Products (Enforcement) (Wales) Regulations 2014 (S.I. 2014/517), reg. 1(2)(3), Sch. 2 para. 1(5)(b)

Article 27(3) and Schedule 4

SCHEDULE 5 E+W Treatments to ensure the destruction of disease virus

PART 1 E+W Products of animal origin (other than fresh meat, milk and milk products)

Meat products E+W

1.  Meat products fall within this paragraph if they have undergone any of the following treatments or are produced from meat which has undergone those treatments—

(a) heat treatment in a hermetically sealed container at a level of at least Fo3;

(b) heat treatment at a minimum temperature of 70°C, reached throughout the meat;

(c) heat treatment in a hermetically sealed container to at least 60°C for a minimum of 4 hours, during which the core temperature must be at least 70°C for 30 minutes;

(d) natural fermentation and maturation of not less than nine months, resulting in the following characteristics—

(i) Aw value of not more than 0.93, or

(ii) pH value of not more than 6.0;

(e) heat treatment ensuring a core temperature of at least 65°C is reached for the time necessary to achieve a pasteurisation value equal to or more than 40.

Hides and skins E+W

2.   [F3 Hides and skins fall within this paragraph if they comply with the requirements in Article 36 of Regulation (EC) No. 1069/2009 and point 28(c) and (d) of Annex I to Regulation (EU) No. 142/2011].

Textual Amendments

F3 Sch. 5 para. 2 substituted (28.3.2014) by The Animal By-Products (Enforcement) (Wales) Regulations 2014 (S.I. 2014/517), reg. 1(2)(3), Sch. 2 para. 1(6)(a)

Wool, ruminant hair and pig bristles E+W

3.   [F4 Wool, ruminant hair and pig bristles fall within this paragraph if they comply with the requirements of Article 36 of Regulation (EC) No. 1069/2009 and Article 24(4) of Regulation (EU) No. 142/2011].

Textual Amendments

F4 Sch. 5 para. 3 substituted (28.3.2014) by The Animal By-Products (Enforcement) (Wales) Regulations 2014 (S.I. 2014/517), reg. 1(2)(3), Sch. 2 para. 1(6)(b)

Products derived from susceptible animals E+W

4.  Products derived from susceptible animals fall within this paragraph if they have undergone one of the following treatments—

(a) heat treatment in a hermetically sealed container at a level of at least Fo3;

(b) heat treatment in which the centre temperature is raised to at least 70°C for at least 60 minutes.

Blood and blood products E+W

5.   [F5 Blood and blood products of susceptible animals fall within this paragraph if they are used for technical purposes (including pharmaceuticals, in vitro diagnostics and laboratory reagents) and have undergone any of the treatments referred to in point 2(b)(ii) of Chapter IV of Annex XIII to Regulation No. 142/2011].

Textual Amendments

F5 Sch. 5 para. 5 substituted (28.3.2014) by The Animal By-Products (Enforcement) (Wales) Regulations 2014 (S.I. 2014/517), reg. 1(2)(3), Sch. 2 para. 1(6)(c)

Lard and rendered fats E+W

6.   [F6 Lard and rendered fats fall within this paragraph if they have undergone the heat treatment referred to in point 3(d) of Chapter I of Annex XIV to Regulation (EU) No. 142/2011].

Textual Amendments

F6 Sch. 5 para. 6 substituted (28.3.2014) by The Animal By-Products (Enforcement) (Wales) Regulations 2014 (S.I. 2014/517), reg. 1(2)(3), Sch. 2 para. 1(6)(d)

Petfood and dog chews E+W

7.   [F7 Petfood and dog chews fall within this paragraph if they comply with Chapter II of Annex XIII to Regulation (EU) No. 142/2011].

Textual Amendments

F7 Sch. 5 para. 7 substituted (28.3.2014) by The Animal By-Products (Enforcement) (Wales) Regulations 2014 (S.I. 2014/517), reg. 1(2)(3), Sch. 2 para. 1(6)(e)

Game trophies of ungulates E+W

8.   [F8 Game trophies of ungulates fall within this paragraph if they comply with the requirements of Chapter VI of Annex XIII to Regulation (EU) No. 142/2011].

Textual Amendments

F8 Sch. 5 para. 8 substituted (28.3.2014) by The Animal By-Products (Enforcement) (Wales) Regulations 2014 (S.I. 2014/517), reg. 1(2)(3), Sch. 2 para. 1(6)(f)

Animal casings E+W

9.  Animal casings fall within this paragraph if they have been cleaned, scraped and either salted with sodium chloride for 30 days or bleached or dried after scraping and were protected from recontamination after treatment.

PART 2 E+W Products not of animal origin

Straw and forage E+W

10.  Straw and forage falls within this paragraph if it has either—

(a) undergone the action of—

(i) steam in a closed chamber for at least 10 minutes and at a minimum temperature of 80°C, or

(ii) formalin fumes (formaldehyde gas) produced in a chamber kept closed for at least 8 hours and at a minimum temperature of 19°C, at 35-40% concentration; or

(b) been stored in packages or bales under shelter at premises situated not closer than 2 kilometres to the nearest infected premises and kept at such premises until at least three months have elapsed following the completion of all cleansing and disinfection in the protection zone surrounding the nearest infected premises (and in any case not before that protection zone has been terminated).

PART 3 E+W Fresh meat

De-boning E+W

11.  Meat (together with diaphragms but excluding offal) is deboned so that it falls within this paragraph if the bone and main accessible lymphatic glands have been removed.

Maturation E+W

12.  Carcases are matured so that they fall within this paragraph if they—

(a) have been matured at a temperature of more than 2°C for at least 24 hours, and

(b) have a pH value in the middle of the Longissimus dorsi recorded at less than 6.0.

PART 4 E+W Milk and milk products

Milk and milk products for human consumption E+W

13.—(1) Milk and milk products for human consumption fall within this paragraph if they have undergone one of the following treatments—

(a) sterilisation at a level of at least Fo3;

(b) Ultra-High Temperature treatment at 132°C for at least one second;

(c) High Temperature Short Time pasteurisation at 72°C for at least 15 seconds or any other pasteurisation treatment which achieves a negative reaction to a phosphatase test (with any pasteurisation under this paragraph applied twice to milk with a pH of 7.0 or above);

(d) High Temperature Short Time pasteurisation at 72°C for at least 15 seconds or any other pasteurisation treatment which achieves a negative reaction to a phosphatase test and either—

(i) lowering the pH below 6.0 for at least one hour, or

(ii) heating to 72°C or more combined with desiccation.

(2) Milk products for human consumption fall within this paragraph if they are produced from milk which has undergone one of the treatments in sub-paragraph (1).

Milk and milk products not intended for human consumption E+W

14.—(1) Milk and milk products not intended for human consumption (including whey intended for susceptible animals) fall within this paragraph if they have undergone one of the following treatments—

(a) sterilisation at a level of at least Fo3;

(b) Ultra-High Temperature treatment at 132°C for at least one second and either;

(i) lowering the pH below 6.0 for at least one hour, or

(ii) heating to 72°C or more combined with desiccation;

(c) High Temperature Short Time pasteurisation, applied twice, at 72°C for at least 15 seconds or any other pasteurisation treatment which achieves a negative reaction to a phosphatase test;

(d) High Temperature Short Time pasteurisation at 72°C for at least 15 seconds or any other pastuerisation treatment which achieves a negative reaction to a phosphatase test and either—

(i) lowering that pH below 6.0 for at least one hour, or

(ii) heating to 72°C or more combined with desiccation.

(2) Milk products not for human consumption (other than whey intended for susceptible animals) fall within this paragraph if they are produced from milk which has undergone one of the treatments in sub-paragraph (1).

(3) Whey intended for susceptible animals falls within this paragraph if it is—

(a) collected at least 16 hours after milk clotting, and

(b) (if intended for feeding to pigs) has a recorded pH of less than 6.0 before leaving the establishment in which the milk has been treated.

Article 39

SCHEDULE 6 E+W Measures applicable in respect of a restricted zone

Movement of susceptible animals in a restricted zone E+W

1.—(1) Subject to sub-paragraph (3) no person is permitted to move a susceptible animal—

(a) from premises within a restricted zone, or

(b) into or out of a restricted zone,

except under the authority of a licence granted by an inspector.

(2) The person in charge of any vehicle used to move susceptible animals under such a licence must ensure that it is cleansed and disinfected in accordance with article 45.

(3) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone, surveillance zone or vaccination zone.

Slaughter of susceptible animals in a restricted zone E+W

2.  Where a susceptible animal is moved to a slaughterhouse in a restricted zone, the occupier of the slaughterhouse must ensure that it is slaughtered in accordance with any directions given by an inspector and in any case within 24 hours of arrival.

Control of products from slaughterhouses in a restricted zone E+W

3.—(1) No person is permitted to move any carcase or animal product (unless intended for human consumption) or any manure, slurry or litter from a slaughterhouse in a restricted zone except—

(a) for disposal; or

(b) under the authority of a licence granted by an inspector (which must include a condition prohibiting any intermediate movement to any premises where susceptible animals are kept).

(2) Any person transporting any thing under the authority of a licence granted under sub-paragraph (1)(b) must—

(a) do so in a drip-proof container or vehicle, and

(b) cleanse and disinfect the vehicle, as soon as possible after unloading and in any event before re-use, in accordance with the directions of an inspector.

(3) The occupier of premises to which any carcase or animal product is moved under this paragraph must ensure that it is not brought into contact with, or fed to, any susceptible animal.

Control of carcases in a restricted zone E+W

4.—(1) No person is permitted to move any carcase of a susceptible animal (other than the carcase of an animal slaughtered for human consumption or the carcase of an animal suspected of BSE or scrapie intended for disposal) from premises in a restricted zone other than a slaughterhouse except under the authority of a licence granted by an inspector.

(2) The carcase of a deer which has been culled must not be considered to have been slaughtered for human consumption.

Straying of susceptible animals in a restricted zone E+W

5.—(1) The keeper of a susceptible animal in a restricted zone must take all such steps as are necessary to prevent it from straying from the premises on which it is kept.

(2) An inspector may detain any stray or feral susceptible animal found in a restricted zone.

Control of animal gatherings and gatherings of people in a restricted zone E+W

6.—(1) No person is permitted to—

(a) hold any animal gathering which includes susceptible animals in a restricted zone, or

(b) hold any gathering of people on premises in a restricted zone in connection with the sale of any susceptible animal kept there at which more than two people (other than the owner or keeper of the animal and his or her representatives) are present,

except under the authority of a licence granted by the National Assembly.

(2) Subject to sub-paragraph (3) no person is permitted hold or take part in the following activities in a restricted zone—

(a) hunting any drag or other trail,

(b) stalking, or

(c) shooting deer,

except under the authority of a licence granted by the National Assembly.

(3) Nothing in sub-paragraph (2) makes it unlawful for the occupier of any land, members of his or her household, persons employed by him or her as beaters and any member of a shooting party of not more than three persons authorised by him or her, to shoot deer found on that land.

(4) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.

Shearing or dipping of sheep in a restricted zone E+W

7.—(1) Subject to sub-paragraph (2), no person is permitted to—

(a) shear or dip sheep, or

(b) handle fleeces or sheep during shearing or dipping,

in a restricted zone except under the authority of a licence granted by an inspector.

(2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his or her employees (other than any person employed by him or her primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.

(3) In this paragraph—

(a) “shearing” includes clipping and dagging, and

(b) “dipping” includes showering and jetting sheep with sheep dip.

(4) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.

Ultrasound scanning of sheep in a restricted zone E+W

8.—(1) Subject to sub-paragraph (2), no person is permitted to carry out ultrasound scanning of sheep in a restricted zone except under the authority of a licence granted by an inspector.

(2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his or her employees (other than any person employed by him or her primarily for the purpose of carrying out ultrasound scanning of sheep) in respect of the carrying out of ultrasound scanning of sheep kept on those premises using ultrasound scanning equipment of which the occupier is the owner or person in charge.

(3) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.

Cleansing and disinfection of slaughterhouses in a restricted zone E+W

9.  The occupier of any collecting centre or slaughterhouse in a restricted zone must cleanse and disinfect the premises in accordance with the directions of an inspector as soon as is practicable after it has been emptied of animals and in any event before any susceptible animal, fodder, litter or other thing liable to spread disease is moved there again.

Article 41(1)

SCHEDULE 7 E+W Measures applicable in respect of a wild animal infected zone

Notification of dead wild susceptible animals in a wild animal infected zone E+W

1.  Any person who kills a wild susceptible animal or finds such an animal dead in a wild animal infected zone must notify the [F9 Welsh Ministers].

Textual Amendments

F9 Words in Sch. 7 para. 1 substituted (1.4.2010) by The Animal Health (Divisional Veterinary Managers) (Wales) Order 2010 (S.I. 2010/618), arts. 1, 2(1), Sch. 1

Record keeping in a wild animal infected zone E+W

2.  The occupier of any premises in a wild animal infected zone where susceptible animals are kept must create a record of the number of each species of susceptible animals kept on the premises and must maintain that record by updating it every time that number changes.

Isolation of susceptible animals in a wild animal infected zone E+W

3.  The occupier of any premises in a wild animal infected zone where susceptible animals are kept must ensure that—

(a) susceptible animals are isolated as far as is reasonably practicable from contact with wild animals; and

(b) fodder, litter and any other material which may come into contact with susceptible animals is isolated as far as is reasonably practicable from contact with wild animals.

Movement of susceptible animals in a wild animal infected zone E+W

4.  No person is permitted to move any susceptible animal from or to premises in a wild animal infected zone except under the authority of a licence granted by the National Assembly.

Cleansing and disinfection in a wild animal infected zone E+W

5.—(1) The occupier of any premises in a wild animal infected zone must ensure that means of disinfection are provided and used at all entrances to buildings where susceptible animals are kept in accordance with the directions of an inspector.

(2) Any person coming into contact with a wild susceptible animal must cleanse himself or herself and launder his or her clothing as soon as is reasonably practicable after such contact.

Carcases and things which may be contaminated in a wild animal infected zone E+W

6.  No person is permitted to bring the following on to premises in a wild animal infected zone where susceptible animals are kept—

(a) any carcase of a wild animal;

(b) any material, equipment or other thing which may be contaminated.

Movement of semen, ova and embryos out of a wild animal infected zone for trade E+W

7.  No person is permitted to move any semen, embryo or ovum of a susceptible animal out of a wild animal infected zone for the purpose of trade with another Member State.

Article 30(2)

SCHEDULE 8 E+W Restocking of premises

General principles E+W

1.  Paragraphs 2 to 5 apply subject to paragraphs 6 and 7.

2.  Animals for restocking may only be introduced under the following conditions— E+W

(a) the animals have not come from a temporary control zone, protection zone, surveillance zone or vaccination zone.

(b) the National Assembly must have confirmed by notice served on the occupier that it is satisfied that no residual disease virus can be detected in the animals on the basis of clinical signs (for bovine animals or swine) or laboratory investigations (for other species).

(c) the animals must either—

(i) originate on and come from premises where there has been no confirmed case of disease within 10 kilometres for at least 30 days, or

(ii) have been tested with negative results in an assay for the detection of antibodies against the disease virus carried out on samples taken prior to restocking.

3.  During restocking, animals may be introduced into all units and buildings of the premises. E+W

4.—(1) Subject to sub-paragraph (2), during restocking each animal must— E+W

(a) be subject to clinical inspection every three days for the first 14 days following its introduction; and

(b) during the period from 15 to 28 days after its introduction, be subject to clinical inspection once per week.

(2) If no infected premises have been declared within 10km of any premises for at least 3 months before the commencement of restocking, the National Assembly may, by notice served on the occupier of those premises, except those premises from the requirements of sub-paragraph (1).

5.  Not earlier than 28 days after the last introduction, each animal must be clinically examined by a veterinary inspector and samples tested for the presence of antibodies against the disease virus. E+W

Restocking of premises in a vaccination zone E+W

6.  Instead of restocking in accordance with paragraphs 2 to 5, premises in a vaccination zone may be restocked if the following conditions are satisfied—

(a) a veterinary inspector has, within the previous 24 hours, carried out a clinical examination on every susceptible animal on every premises of origin of an animal to be introduced without having identified signs of disease;

(b) no animal to be introduced has come from a protection or surveillance zone;

(c) every animal to be introduced has been tested for antibodies against disease by a veterinary inspector after the end of its incubation period with negative results or a serological survey has been completed by a veterinary inspector on the animals to be introduced with negative results.

Restocking of premises outside a vaccination zone with vaccinated animals: surveillance E+W

7.  Where any vaccinated animal is to be introduced to premises outside a vaccination zone—

(a) it will not be subject to paragraphs 2 to 5, and

(b) if the proportion of vaccinated animals to be introduced is 75% or greater, then not earlier than 28 days after the last introduction of susceptible animals to those premises, the National Assembly must ensure that the vaccinated animals are randomly tested for the detection of antibodies against non structural proteins.

Movement of susceptible animals during restocking E+W

8.  During restocking no person is permitted to move susceptible animals from the premises.

Completion of restocking E+W

9.  The National Assembly must declare the completion of restocking by notice served on the occupier if—

(a) every introduced unvaccinated animal on the premises has undergone the examination and test in paragraph 5 with negative results and, where sub-paragraph 7(b) applies, the tests in that sub-paragraph have been carried out with negative results; or

(b) the conditions in paragraph (6) are satisfied.

Article 63

SCHEDULE 9 E+W Orders Revoked

Orders revoked	References	Extent of revocation
The Foot-and-Mouth Disease Order 1983	S.I. 1983/1950	The Order insofar as it applies to Wales.
The Foot-and-Mouth Disease (Amendment) (No.2) Order 1993	S.I. 1993/3119	The Order insofar as it applies to Wales.
The Foot-and-Mouth Disease (Amendment) (Wales) Order 2001	S.I. 2001/572 (W 26)	The whole Order
The Foot-and-Mouth Disease (Amendment) (Wales) (No.2) Order 2001	S.I. 2001/658 (W 33)	The whole Order
The Foot-and-Mouth Disease (Amendment) (Wales) (No.3) Order 2001	S.I. 2001/968 (W 46)	The whole Order
The Foot-and-Mouth Disease (Amendment) (Wales) (No.4) Order 2001	S.I. 2001/1033 (W 47)	The whole Order
The Foot-and-Mouth Disease (Amendment) (Wales) (No.4) (Amendment) Order 2001	S.I. 2001/1234 (W 67)	The whole Order
The Foot-and-Mouth Disease (Amendment) (Wales) (No.5) Order 2001	S.I. 2001/1406 (W 93)	The whole Order
The Foot-and-Mouth Disease (Amendment) (Wales) (No.6) Order 2001	S.I. 2001/1509 (W 106)	The whole Order
The Foot-and-Mouth Disease (Amendment) (Wales) (No.7) Order 2001	S.I. 2001/1874 (W 134)	The whole Order
The Foot-and-Mouth Disease (Amendment) (Wales) (No.8) Order 2001	S.I. 2001/2236 (W 162)	The whole Order
The Foot-and-Mouth Disease (Amendment) (Wales) (No.9) Order 2001	S.I. 2001/2813 (W 242)	The whole Order
The Foot-and-Mouth Disease (Amendment) (Wales) (No.10) Order 2001	S.I. 2001/2981 (W 248)	The whole Order
The Foot-and-Mouth Disease (Amendment) (Wales) (No.11) Order 2001	S.I. 2001/3145 (W 260)	The whole Order
The Foot-and-Mouth Disease (Amendment) (Wales) (No.12) Order 2001	S.I. 2001/3706 (W 303)	The whole Order
The Foot-and-Mouth Disease (Amendment) (Wales) (No.13) Order 2001	S.I. 2001/4009 (W 335)	The whole Order