Regulation 16(1)
1.—(1) During phase 1 no person is permitted to move any susceptible animal within or out of a vaccination zone except within premises or under the authority of a licence granted by the National Assembly.
(2) No licence is to be granted under sub-paragraph (1) except for—
(a)direct transport of animals from premises to a slaughterhouse for immediate slaughter—
(i)in the same vaccination zone, or
(ii)where there is no slaughterhouse in that vaccination zone, outside the vaccination zone; or
(b)movement from one part of premises to another part of the same premises using an intervening public highway.
(3) No licence is to be granted for transport under sub-paragraph (2)(a) unless the person granting it is satisfied that—
(a)the National Assembly has within the previous 24 hours carried out a clinical inspection on every susceptible animal on the premises, and
(b)there is no suspicion of infection or contamination on the premises.
2.—(1) During phase 2, no person is permitted to move any susceptible animal from or to any premises in a vaccination zone except under the authority of a licence granted by the National Assembly.
(2) No licence is to be granted under sub-paragraph (1) for a movement from any reactor premises unless—
(a)it is for direct transport to a slaughterhouse, for the purpose of immediate slaughter, and
(b)each of the animals has been subjected to a diagnostic test by a veterinary inspector either for infection or for antibodies against non-structural proteins for the disease virus without a positive reaction to any such test.
(3) No licence is to be granted under sub-paragraph (1) for any other movement unless it is for—
(a)transport to a slaughterhouse for the purpose of immediate slaughter from premises classified under regulation 25(1)(b) as free of disease, or
(b)movement from one part of premises to another part of the same premises using an intervening public highway.
(4) A licence granted under this paragraph (other than a licence for movement under sub-paragraph (3)(b)) must require that—
(a)the animals do not come into contact with any other susceptible animals during transport or in the slaughterhouse; and
(b)the animals are accompanied during transport by a copy of the notice classifying their holding under regulation 25(1)(b), certified as a true copy by the National Assembly.
3.—(1) During phase 3, no person is permitted to move any susceptible animal within or out of a vaccination zone except within premises or under the authority of a licence granted by the National Assembly.
(2) No licence for movement out of the vaccination zone is to be granted under sub-paragraph (1) except where it is for direct transport from premises classified under regulation 25(1)(b) as free of disease to a slaughterhouse for the purposes of immediate slaughter and it complies with the conditions in sub-paragraph (3).
(3) The conditions of this sub-paragraph are that—
(a)the animals do not come into contact with any other susceptible animals during transport; and
(b)the animals are accompanied during transport by a copy of the notice classifying their premises of origin under regulation 25(1)(b), certified as a true copy by an inspector.
(4) No licence for movement within the vaccination zone is to be granted under this paragraph unless—
(a)it specifies a route to be taken which, in the opinion of the person granting the licence, ensures the animals are not exposed to infection during the journey, and either—
(i)the animals concerned are unvaccinated, and the conditions in sub-paragraph (5) have been complied with, or
(ii)the movement is from one part of premises to another part of the same premises using an intervening public highway.
(5) The conditions in this sub-paragraph are that—
(a)the National Assembly has within the previous 24 hours carried out a clinical examination on every susceptible animal on the premises of origin and has not identified signs of disease;
(b)every susceptible animal on the premises of origin has been kept there for at least 30 days;
(c)the premises of origin is not in a protection zone or a surveillance zone; and
(d)either—
(i)every animal intended for transport has been tested by a veterinary inspector for antibodies against disease after it has been on the premises of origin for a period at least as long as its incubation period with negative results, or
(ii)a serological survey pursuant to a sampling protocol suitable to detect 5% prevalence with at least 95% level of confidence has been completed on the premises of origin with negative result by a veterinary inspector.
(6) No licence is to be granted under this paragraph for movement of the unvaccinated offspring of a vaccinated dam unless either—
(a)each animal has undergone a serological test by a veterinary inspector for the detection of antibodies against disease with a negative result; or
(b)the licence is for movement to—
(i)premises in the vaccination zone with the same classification under regulation 25(1)(b);
(ii)a slaughterhouse for immediate slaughter; or
(iii)other specified premises in which case sub-paragraph (7) applies; or
(c)the licence is for a movement within sub-paragraph (4)(a)(ii).
(7) Where this sub-paragraph applies, during phase 3 no person is permitted to subsequently move any animal moved from those specified premises except for—
(a)movement to a slaughterhouse for immediate slaughter, or
(b)movement from one part of the premises to another part of the same premises using an intervening public highway.
(8) The occupier of any slaughterhouse to which susceptible animals are transported under the authority of a licence granted under this paragraph from premises classified as free of disease under regulation 25(1)(b) must ensure that—
(a)before slaughter each animal undergoes an ante-mortem health check at the slaughterhouse, and
(b)at the slaughterhouse, the transported animals do not come into contact with other animals.
4.—(1) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under paragraph 1, 2 or 3 must—
(a)ensure that it is cleansed and disinfected in accordance with Schedule 2 to the Transport of Animals (Cleansing and Disinfection) (Wales) (No.3) Order 2003 M1 and any additional requirements an inspector may by written directions impose,
(b)make a record of the time and date of each cleansing and disinfection undertaken during phase 2 or phase 3,
(c)keep the record with the vehicle at all times, and
(d)retain the record for 6 months after the last such cleansing and disinfection.
(2) Such cleansing and disinfection must be undertaken—
(a)before loading
(b)after loading and before leaving the premises of origin (the wheels and wheel arches of the vehicle only so that they are clean on leaving the premises); and
(c)after unloading and before leaving the premises of destination.
Marginal Citations
M1S.I. 2003/1968 (W.213).
5.—(1) This paragraph applies where any licence is granted for movement of susceptible animals between premises under this Part, unless that licence provides otherwise.
(2) Where this paragraph applies, no person is permitted to unload susceptible animals at premises to which they are moved unless that person first gives the movement licence to the occupier of those premises.
(3) Where this paragraph applies, the occupier of any premises to which susceptible animals are moved must—
(a)forward the movement licence without delay to the local authority and, in the case of a slaughterhouse, provide a copy to any official veterinary surgeon appointed for those premises;
(b)retain a copy of the licence for a period of 6 months and produce it on request for inspection by an inspector;
(c)in the case of a collecting centre, ensure that sheep are marked or tagged in accordance with the directions of the National Assembly so as to enable the identity of the collecting centre and the premises from which they were moved to be established throughout their onward movement to a slaughterhouse.
6.—(1) This paragraph applies to fresh meat, minced meat and mechanically separated meat derived from vaccinated animals slaughtered during phase 1.
(2) No person is permitted to sell or consign for sale meat to which this paragraph applies unless it satisfies the following requirements—
(a)it was health or identification marked and that mark was overstamped;
(b)after marking, it was at all times stored and transported separately from meat which was not so marked;
(c)it was transported in sealed containers for treatment at an establishment designated by the National Assembly;
(d)it was treated at that establishment so that it falls within paragraph 1 of Schedule 5 to the Order.
7.—(1) This paragraph applies to fresh meat, minced meat and mechanically separated meat derived from vaccinated ruminants slaughtered during phase 2.
(2) No person is permitted to sell or consign for sale offal to which this paragraph applies.
(3) No person is permitted to sell or consign for sale meat other than offal to which this paragraph applies 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 impose strict veterinary control of the establishment;
(b)processes only meat falling within sub-paragraph (4); and
(c)at all times during the production process stores, identifies and transports animal products eligible for sale separately from those which are not, and in accordance with the directions of the National Assembly.
(4) Meat falls within this sub-paragraph if—
(a)it has been—
(i)deboned and matured so that it falls within paragraphs 11 and 12 of Schedule 5 to the Order, or
(ii)obtained from animals reared and slaughtered outside a vaccination zone; and
(b)it is health or identification marked.
8.—(1) This paragraph applies to fresh meat, minced meat and mechanically separated meat derived from vaccinated swine slaughtered during phase 2.
(2) No person is permitted to sell or consign for sale meat to which this paragraph applies unless it satisfies the following requirements—
(a)it was health or identification marked and that mark was overstamped;
(b)after marking, it was at all times stored and transported separately from meat which was not so marked;
(c)it was transported in sealed containers for treatment at an establishment designated by the National Assembly;
(d)it was treated at that establishment so that it falls within paragraph 1 of Schedule 5 to the Order.
9.—(1) This paragraph applies to fresh meat, minced meat and mechanically separated meat derived from unvaccinated susceptible animals slaughtered in a vaccination zone during phase 3.
(2) No person is permitted to sell or consign for sale meat to which this paragraph applies unless—
(a)either—
(i)all susceptible animals on all reactor premises in the vaccination zone have been slaughtered, or
(ii)the animals from which the meat was derived were transported to the slaughterhouse in compliance with sub-paragraph (3) or (4); and
(b)it was produced in an establishment which complies with sub-paragraph (5).
(3) Transport complies with this sub-paragraph if it satisfies the following requirements—
(a)the animals do not come into contact with any other susceptible animals during transport or in the slaughterhouse; and
(b)the animals are accompanied during transport by a copy of the notice classifying their premises of origin under regulation 25(1)(b), certified as a true copy by an inspector.
(4) Transport complies with this sub-paragraph if the animals transported have either—
(a)all been tested by the National Assembly for antibodies against the disease after the end of its incubation period with negative results, or
(b)been subjected to a serological survey by the National Assembly at that time with negative results.
(5) An establishment complies with this paragraph if it—
(a)is authorised by a licence granted by the National Assembly imposing such conditions as it considers necessary to impose strict veterinary control of the establishment;
(b)processes only meat falling within sub-paragraph (6); and
(c)at all times during the production process stores, identifies and transports animal products eligible for sale separately from those which are not, and in accordance with the directions of the National Assembly.
(6) Meat falls within this sub-paragraph if—
(a)it—
(i)has been deboned and matured so that it falls within paragraphs 11 and 12 of Schedule 5 of the Order,
(ii)has been transported to the establishment under the authority of a licence granted under paragraph 3, or
(iii)comes from animals which were reared and slaughtered outside a vaccination zone; and
(b)it is health or identification marked.
10.—(1) This paragraph applies to fresh meat, minced meat and mechanically separated meat derived from the following animals slaughtered during phase 3—
(a)vaccinated ruminants; and
(b)unvaccinated seropositive offspring of vaccinated ruminant dams.
(2) No person is permitted to sell or consign for sale offal to which this paragraph applies.
(3) No person is permitted to sell or consign for sale meat to which this paragraph applies unless it complies with sub-paragraph (4) or it was produced in an establishment complying with sub-paragraph (5).
(4) Meat complies with this sub-paragraph if it satisfies the following requirements—
(a)it was health or identification and that mark was overstamped;
(b)after marking, it was at all times stored and transported separately from meat which was not so marked;
(c)it was transported in sealed containers for treatment at an establishment designated by the National Assembly;
(d)it was treated at that establishment so that it falls within paragraph 1 of Schedule 5 to the Order.
(5) An establishment complies with this sub-paragraph if it—
(a)is authorised by a licence granted by the National Assembly imposing such conditions as it considers necessary to impose strict veterinary control of the establishment;
(b)processes only meat falling within sub-paragraph (6); and
(c)at all times during the production process stores, identifies and transports animal products eligible for sale separately from those which are not, and in accordance with the directions of the National Assembly.
(6) Meat falls within this sub-paragraph if—
(a)it—
(i)has been deboned and matured so that it falls within paragraphs 11 and 12 of Schedule 5 to the Order,
(ii)has been transported to the establishment under the authority of a licence granted under paragraph 3, or
(iii)comes from animals which were reared and slaughtered outside a vaccination zone; and
(b)it is health or identification marked.
11.—(1) This paragraph applies to fresh meat, minced meat and mechanically separated meat derived from the following animals slaughtered during phase 3—
(a)vaccinated swine; and
(b)unvaccinated seropositive offspring of vaccinated swine.
(2) No person is permitted to sell or consign for sale meat to which this paragraph applies unless it complies with sub-paragraph (3) or it was produced in an establishment complying with sub-paragraph (4).
(3) Meat complies with this sub-paragraph if it satisfies the following requirements—
(a)it was health or identification marked and that mark was overstamped;
(b)after marking, it was at all times stored and transported separately from meat which was not so marked;
(c)it was transported in sealed containers for treatment at an establishment designated by the National Assembly;
(d)it was treated at that establishment so that it falls within paragraph 1 of Schedule 5 to the Order.
(4) An establishment complies with this sub-paragraph if it—
(a)is authorised by a licence granted by the National Assembly imposing such conditions as it considers necessary to impose strict veterinary control of the establishment;
(b)processes only meat falling within sub-paragraph (5); and
(c)at all times during the production process stores, identifies and transports animal products intended to be eligible for marketing separately from those which are not, and in accordance with the directions of the National Assembly.
(5) Meat falls within this sub-paragraph if it comes from animals—
(a)originating on premises which have been declared free of disease under regulation 25(1)(b), or
(b)which were reared and slaughtered outside a vaccination zone.
12.—(1) No person is permitted to sell or consign for sale the milk of a vaccinated animal or any milk product produced from such milk unless it complies with sub-paragraph (2).
(2) 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 to the Order, and
(b)that treatment was carried out either—
(i)inside the vaccination zone on premises complying with sub-paragraph (3), or
(ii)outside the vaccination zone on such premises as the National Assembly may direct.
(3) 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)has been treated so as to fall within paragraph 13 or 14 of Schedule 5 to the Order, or
(ii)enters for such treatment, or
(iii)is raw milk obtained from outside a vaccination zone;
(c)milk on the premises and leaving the premises is clearly identified as eligible for sale outside the vaccination zone and is at all times stored and transported separately from raw milk and raw milk products which are not so eligible.
13.—(1) No person is permitted to collect and transport milk produced in a vaccination zone 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 used 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 to process milk transported under sub-paragraph (2) except under the authority of a licence granted by an inspector.
Marginal Citations
14.—(1) No person is permitted to collect semen for artificial insemination from a susceptible animal kept in a semen collection centre in a vaccination zone unless such collection complies with sub-paragraph (3).
(2) No person is permitted to collect ova or embryos from susceptible animals kept in a vaccination zone.
(3) Collection of semen for artificial insemination complies with this sub-paragraph if—
(a)it is under the authority of a licence granted by the National Assembly;
(b)the semen collected is clearly marked in accordance with the directions of the National Assembly;
(c)where the donor animal is unvaccinated—
(i)all animals kept in the semen collection centre have undergone a clinical examination and samples have been subjected to a serological test which substantiates the absence of infection in that centre to the satisfaction of the National Assembly, and
(ii)it has been subjected with negative result to a serological test carried out by the National Assembly for the detection of antibodies against disease on a sample taken not earlier than 28 days after collection of the semen.
(d)where the donor animal is vaccinated—
(i)the vaccination took place following a test for antibodies against the disease virus carried out by the National Assembly with negative result,
(ii)a negative result has been achieved in a test for detection of either the disease virus or viral genome or for the detection of antibody against non-structural proteins, carried out by the National Assembly at the end of the quarantine period for the semen on samples taken from all susceptible animals present at the semen collection centre at that time, and
(iii)5% of the semen from each collection (with a minimum of five straws) has been subjected to a virus isolation test for the disease carried out by the National Assembly with negative results.
(4) No person is permitted to use semen collected in compliance with sub-paragraph (3) for artificial insemination unless it was stored separately from other semen for at least 30 days after collection.
15.—(1) This paragraph applies to hides and skins of susceptible animals originating in a vaccination 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 vaccination zone was declared, 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 to the Order.
16.—(1) This paragraph applies to wool, ruminant hair and pig bristles from animals originating in a vaccination 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 vaccination zone was declared, and
(ii)at all times 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 to the Order.
17.—(1) This paragraph applies to any animal products to which the other paragraphs in this Schedule do not apply where they are produced from susceptible animals originating in a vaccination 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 vaccination zone was declared, and
(ii)at all times stored and transported separately from animal products which were not so produced;
(b)it has been treated so that it falls within paragraph 4 of Schedule 5 to the Order;
(c)where it is referred to in one of paragraphs 5 to 9 of Schedule 5 to the Order, 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 to the Order 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.
(3) In this paragraph, the terms “susceptible animals originating on” (in respect of infected, suspect or contact premises) and “susceptible animals originating in” (in respect of a temporary control zone, protection zone or surveillance zone) have the meanings given to them in article 3 of the Order.
18.—(1) This paragraph applies to dung or manure from premises in a vaccination zone where susceptible animals are kept.
(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 under the authority of a licence granted by the National Assembly.
(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 point 5 of Section II in Part A of Annex VIII to Regulation (EC) No 1774/2002 M3.
(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 has examined all susceptible animals on the premises where it was produced and is satisfied 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 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 examined 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 (5), (6) or (8) must contain at least the following terms—
(a)designation of the areas within which the dung or 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 under sub-paragraph (10) or (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.
Marginal Citations
M3O.J. No.L273, 10.10.02, p.1 as last amended by Commission Regulation (EC) No. 416/2005 (O.J. No. L066, 12.3.05, p.10).