The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006

Article 9

SCHEDULE 1 E+W Measures where avian influenza or avian influenza virus is suspected on premises

Record of poultry, other captive birds and mammals E+W

1.  The occupier must make and update daily a record of poultry, other captive birds and mammals kept on the premises showing, for each species, the number or approximate number —

(a) alive;

(b) which have died;

(c) which show clinical signs of avian influenza;

(d) he or she thinks are likely to be infected;

(e) born or hatched.

Housing or isolation of poultry and other captive birds E+W

2.—(1) The occupier must ensure that poultry and other captive birds are—

(a) housed; or

(b) kept isolated (if so directed by a veterinary inspector on the basis that housing is impractical or would adversely affect the birds' welfare to a significant degree).

(2) The occupier must take all reasonable steps to minimise contact with wild birds, in accordance with a veterinary inspector's instructions.

Prohibition on the movement of poultry and other captive birds to and from the premises E+W

3.  No person is to move any poultry or other captive birds to or from the premises unless licensed by a veterinary inspector.

Prohibition on the removal of other things liable to transmit avian influenza E+W

4.  No person may remove from the premises any carcase, poultry meat, poultry feed, utensils, material, waste, droppings, poultry or other captive bird manure, slurry, used litter or anything else liable to transmit avian influenza unless he or she is licensed by a veterinary inspector.

Prohibition on the movement of people, animals and vehicles to and from the premises E+W

5.—(1) No person is to move to or from the premises and no person is to move any mammal, vehicle or equipment to or from the premises unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) Sub-paragraph (1) does not apply to pet animals which—

(a) only have access to that part of the premises where people live;

(b) have no contact with poultry or other captive birds on the premises; and

(c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.

Restrictions on the movement of eggs E+W

6.  No person is to move any eggs from the premises except, under the authority of a licence granted by a veterinary inspector—

(a) directly to an egg processing plant; or

(b) for disposal.

Conditions for the movement of eggs E+W

7.  Any person moving eggs under paragraph 6(a) must ensure that—

(a) each consignment of eggs is sealed, by a veterinary inspector or in accordance with his or her instructions, before dispatch; and

(b) vehicles used to transport the eggs to the plant have been cleansed and disinfected before the eggs are loaded.

Prohibition on tampering with sealed consignments of eggs E+W

8.  No person is to tamper with a seal attached under paragraph 7 or remove it before the consignment arrives at its destination.

Disinfection at entrances and exits E+W

9.  The occupier must, in accordance with an inspector's instructions, provide and maintain means of disinfection at the entrances and exits of the premises and of buildings housing poultry or other captive birds M1 .

Marginal Citations

M1 Disinfectants approved for use under this Order are set out in the Schedules to the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32, amended by S.I. 1999/919 and S.I. 2005/583; there are other amending instruments but these do not relate to avian influenza.).

Article 13

SCHEDULE 2 E+W Measures on premises where highly pathogenic avian influenza is confirmed

Killing and seizure E+W

1.  The occupier must give all reasonable assistance to any person exercising a duty relating to the killing of poultry or other captive birds under paragraph 5 of Schedule 3 to the Act or to the seizure of any thing under the Diseases of Animals (Seizure) Order 1993 M2 .

Marginal Citations

M2 S.I. 1993/1685.

Measures to minimise the risk of spread of avian influenza to wild birds E+W

2.  The occupier must take such action as a veterinary inspector reasonably requires to reduce the risk of the spread of avian influenza to wild birds.

Disposal of carcases and eggs E+W

3.  The occupier must ensure that all carcases and eggs not seized or disposed of by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions (unless the veterinary inspector licenses their use for diagnosis of disease).

Tracing E+W

4.  The occupier must give all reasonable assistance to a veterinary inspector in the tracing of any thing liable to transmit avian influenza to or from the premises.

Cleansing and disinfection E+W

5.  The occupier must cleanse and disinfect the infected premises in accordance with article 66 and Schedule 3.

Restocking E+W

6.  The occupier must not restock the premises except in accordance with article 67.

Article 36

SCHEDULE 3 E+W Cleansing and disinfection of premises other than regulated places and of any thing (including any vehicle) on those premises

PART 1 E+W General procedures for cleansing, disinfection and treatment

1.—(1) Any person carrying out cleansing, disinfection and treatment (including measures to control rodents and insects) must do so in accordance with this Part or (if different) with any instructions given by a veterinary inspector. E+W

(2) Any person using a disinfectant or degreasing agent under this Order must ensure that they are used as effectively as possible and must, in particular, give consideration to the following in deciding which products to use and how to use them—

(a) the nature of the premises to be cleansed or disinfected;

(b) the type of vehicle or other thing to be cleansed or disinfected;

(c) any instructions from the manufacturer of the product (or of a veterinary inspector) as to pressure, minimum temperature and required contact time.

(3) A person cleansing and disinfecting under this Order must ensure that—

(a) bedding, litter and faecal matter are thoroughly soaked with disinfectant;

(b) equipment and installations which would otherwise impair effective cleansing and disinfecting are, where possible, removed or dismantled and either cleansed and disinfected or destroyed, if this is considered necessary by the person carrying out the cleansing and disinfecting or is required by a veterinary inspector;

(c) the ground, any floors, ramps and walls are washed and cleansed by thorough brushing and scrubbing.

(4) A person washing with liquids applied under pressure must avoid recontaminating areas or parts previously cleansed.

(5) A person who has cleansed and disinfected part of any premises must avoid recontaminating that part as he or she cleanses and disinfects other parts.

(6) A person carrying out a cleansing or disinfecting procedure must ensure that a written record of that procedure is made, showing the date and time the procedure took place.

(7) A person who makes such a record must keep it at the premises or (if he or she is a person in charge of a vehicle and the procedure involved cleansing or disinfecting that vehicle), with the vehicle.

PART 2 E+W Specific procedures for the cleansing and disinfecting of infected premises

Scope of this Part E+W

2.  This Part applies to the cleansing and disinfecting of infected premises except to the extent that its requirements are varied by a veterinary inspector.

Cleansing and disinfection — timing E+W

3.  Cleansing and disinfection must be carried out during and after the killing of poultry or other captive birds and in accordance with a veterinary inspector's instructions.

Cleansing and disinfection precautions E+W

4.  A person carrying out a cleansing or disinfection procedure must take all appropriate measures to reduce the risk of avian influenza virus spreading and must, in particular—

(a) use appropriate equipment;

(b) wear protective clothing (which must be cleansed and disinfected or disposed of after use);

(c) take a shower after the cleansing and disinfection;

(d) cleanse and disinfect any equipment which may be contaminated before it is removed from the premises;

(e) turn off the power supply to any ventilation system, if required to do so by a veterinary inspector.

Preliminary cleansing and disinfection E+W

5.  Following killing—

(a) carcases must be sprayed with disinfectant;

(b) transportation of carcases and of any tissue or blood spilled during killing or post-mortem examination from the infected premises for disposal must be in closed, leak-proof containers and in accordance with a veterinary inspector's instructions;

(c) the following parts of the infected premises must have disinfectant applied as soon as the killed poultry and other captive birds have been removed—

(i) parts where the poultry or other captive birds were housed;

(ii) parts contaminated during the killing of the poultry or other captive birds;

(iii) parts contaminated during any post-mortem examination;

(d) any tissue or blood spilled during the killing or any post-mortem must be collected and disposed of with the killed poultry or other captive birds;

(e) disinfectant must remain on the surfaces to which it has been applied for at least 24 hours.

Final cleansing and disinfecting E+W

6.  Following preliminary cleansing and disinfection—

(a) manure and used bedding must be treated in accordance with Part 3 of this Schedule; and

(b) all surfaces must be subjected to the following procedures—

(i) grease and dirt must be removed from them by the application of a degreasing agent;

(ii) they must then be cleansed with water;

(iii) they must be washed with cold water, following which further disinfectant must be applied;

(iv) after seven days, they must again be treated with a degreasing agent, rinsed with water, sprayed with disinfectant and rinsed again with water.

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

7.  Manure and used bedding which may be contaminated must be— E+W

(a) steam treated at a temperature of at least 70°C;

(b) destroyed by burning;

(c) buried deep enough to prevent access by wild birds and animals; or

(d) stacked to heat, sprayed with disinfectant and left for at least 42 days.

8.  Slurry which may be contaminated must be stored for at least 60 days after the last addition of infectious material unless, in the case of slurry which has been treated in accordance with a veterinary inspector's instructions, a veterinary inspector authorises a shorter storage period. E+W

9.  Manure, litter and bedding which may be contaminated may, if licensed by a veterinary inspector, be moved to— E+W

(a) a treatment plant carrying out procedures for the destruction of avian influenza virus;

(b) storage prior to destruction; or

(c) such other place as the veterinary inspector may license.

10.  The transport of such manure, litter or bedding must be in closed, leak-proof vehicles or containers and in accordance with a veterinary inspector's instructions. E+W

Article 30

SCHEDULE 4 E+W Measures in a protection zone

Record of visitors E+W

1.  Subject to paragraph 5, the occupier of any premises in the zone where poultry or other captive birds are kept must make records of—

(a) the name and address of any person visiting the premises (unless the visit is only to a part of the premises where people live and where no poultry or other captive birds are kept);

(b) the date of the visit;

(c) whether the person had any contact with poultry or other captive birds on the premises.

Record of poultry E+W

2.  The occupier of any premises in the zone must make a record of all poultry entering or leaving those premises as soon as reasonably practicable after the movement.

Record of poultry and egg movements E+W

3.  Subject to paragraph 5, any person who is engaged in the transport or marketing of poultry or poultry eggs in the zone must make a record as soon as reasonably practicable of all poultry and poultry eggs transported or marketed by him or her.

Poultry movements to be recorded E+W

4.  The records referred to in paragraphs 2 and 3 above must include—

(a) the quantity and description (including species of poultry or type of egg) transported or marketed;

(b) in the case of a movement from premises in the zone—

(i) the date of the movement off the premises;

(ii) the premises of destination (if known);

(iii) the name and address of the person to whom ownership or possession is being or has been transferred;

(c) in the case of a movement on to premises in the zone—

(i) the date of the movement;

(ii) the premises from which the movement originated (if known);

(iii) the name and address of the person from whom ownership or possession is being or has been transferred;

(d) in the case of marketing without an associated movement, the identity and address of the person to whom and the date on which ownership was transferred;

Scope of record keeping duties E+W

5.  Paragraphs 1 and 3 do not apply in respect of—

(a) a movement of eggs direct to retail premises, at or from such premises or subsequent to such a movement;

(b) the movement of people to zoos, wildlife parks or (unless required by the National Assembly) any other premises open to the public, provided the public has no access to any area where birds are kept;

(c) the movement of the following onto any premises where poultry or other captive birds are kept—

(i) any person on a public right of way or exercising a right of access to the premises;

(ii) trespassers;

(iii) any person executing this Order.

Isolation of poultry and other captive birds E+W

6.  The occupier of premises in the zone where poultry or other captive birds are kept must ensure that they are—

(a) housed; or

(b) kept isolated (if so directed by a veterinary inspector on the basis that housing is impractical or would adversely affect the birds' welfare to a significant degree).

Measures where birds not housed E+W

7.  If birds are kept isolated but not housed, the occupier must—

(a) ensure that they have no contact with poultry or other captive birds on other premises; and

(b) take all reasonable steps to minimise their contact with wild birds, in accordance with a veterinary inspector's instructions.

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises E+W

8.—(1) Subject to sub-paragraph (2), no person is to move poultry, other captive birds or mammals from or to premises in the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) Sub-paragraph (1) does not apply to pet animals which—

(a) only have access to that part of the premises where people live;

(b) have no contact with poultry or other captive birds on the premises; and

(c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.

Disposal of carcases E+W

9.  The occupier must ensure that all carcases not seized or disposed of by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions (unless he or she licenses their use for diagnosis of disease).

Biosecurity measures E+W

10.  The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—

(a) take such biosecurity measures as he or she considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and

(b) comply with any biosecurity requirements which a veterinary inspector or an inspector under the direction of a veterinary inspector, by notice to him or her, imposes.

Litter, poultry manure and slurry E+W

11.  No person is to remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

Gatherings of poultry E+W

12.  No person is to permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering in the zone.

Release of game E+W

13.  No person is to release game birds.

Restrictions on the movement of poultry, eggs, poultry meat and carcases E+W

14.  No person is to move any poultry, eggs, poultry meat or carcases within or out of the zone unless the movement is—

(a) set out in paragraph 16 and is—

(i) direct; and

(ii) licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector;

(b) of table eggs direct to wholesale or retail premises, or subsequent to such a movement; or

(c) within the same premises.

Transport by road and rail E+W

15.  Poultry and eggs may be transported through the zone on a major highway or railway if no stop is made within the zone.

Movements which may be licensed by a veterinary inspector or by an inspector under his or her direction E+W

16.  The movements referred to in paragraph 14(a) are movements of the following—

(a) poultry from premises in the zone for immediate slaughter at a designated slaughterhouse (if the requirements of paragraph 17 are met);

(b) poultry meat (if the requirements of paragraph 18 are met);

(c) poultry to a designated slaughterhouse in the zone from premises outside the zone (if the requirements of paragraph 19 are met);

(d) day-old chicks hatched from eggs produced in the zone or from eggs which came into contact with such eggs (if the requirements of paragraph 20 are met);

(e) day-old chicks hatched from eggs originating outside the protection zone kept separate from eggs produced in such a zone (if the requirements of paragraph 21 are met);

(f) ready-to-lay poultry to premises or part of premises where no poultry are kept (if the requirements of paragraph 22 are met);

(g) hatching eggs from outside the zone to a designated hatchery in the zone or to designated premises for use for scientific, diagnostic or pharmaceutical purposes;

(h) hatching eggs from the zone—

(i) to a designated hatchery; or

(ii) to designated premises for use for scientific, diagnostic or pharmaceutical purposes

(if, in both cases, the requirements of paragraph 23 are met);

(i) eggs to a designated egg packing centre (if the requirements of paragraph 24 are met);

(j) eggs to an egg processing plant;

(k) eggs for disposal;

(l) carcases for disposal or diagnosis.

Requirements for the movement of poultry from premises in the zone to a designated slaughterhouse E+W

17.  Poultry must not be moved to a designated slaughterhouse unless the following requirements are met—

(a) a veterinary inspector must have examined poultry at the premises no more than 24 hours before they leave the premises; and

(b) the poultry are transported in vehicles sealed by a veterinary inspector or in accordance with his instructions.

Requirements for the movement of poultry meat from poultry sent to a designated slaughterhouse from premises within the zone E+W

18.  Poultry meat from poultry within the zone must not be moved from a designated slaughterhouse unless it meets the requirements of article 63(2).

Requirements for the movement of poultry to a designated slaughterhouse within the zone from premises outside the zone E+W

19.  Poultry from premises outside the zone must not be moved to a designated slaughterhouse in the zone unless the poultry are kept separate from poultry originating within the zone

Requirements for the movement of day-old chicks hatched from eggs produced in the zone or from eggs which had contact with such eggs E+W

20.  Day-old chicks hatched from eggs produced in the zone or from eggs which had contact with such eggs must not be moved unless they are transported in vehicles sealed by a veterinary inspector or in accordance with his or her instructions.

Requirements for the movement of day-old chicks hatched from eggs originating outside the zone E+W

21.  Day-old chicks from eggs originating outside the protection zone must not be moved unless the hatchery within the protection zone is operated in such a way that those eggs do not come into contact with eggs or day-old chicks from within the zone.

Requirements for the movement of ready-to-lay poultry E+W

22.  Ready-to-lay poultry must not be moved from premises within the zone unless—

(a) poultry and other captive birds at the premises have been examined by a veterinary inspector; and

(b) the ready-to-lay poultry are transported in vehicles sealed by the veterinary inspector or in accordance with his instructions.

Requirements for the movement of hatching eggs from the zone to a designated hatchery or to designated premises for use for scientific, diagnostic or pharmaceutical purposes E+W

23.  Hatching eggs must not be moved from the zone to a designated hatchery, or to designated premises for use for scientific, diagnostic or pharmaceutical purposes unless—

(a) a veterinary inspector has confirmed that he or she does not suspect avian influenza in the flocks from which the eggs derive;

(b) the eggs and their packaging are disinfected before dispatch; and

(c) the eggs are transported in vehicles sealed by a veterinary inspector or in accordance with his or her instructions.

Requirements for the movement of eggs to an egg packing centre E+W

24.  Eggs must not be moved to a designated egg packing centre unless—

(a) they are packed in disposable packaging; and

(b) any person transporting the eggs complies with any biosecurity requirements laid down by a veterinary inspector, by notice or by licence condition.

Requirements at slaughterhouses E+W

25.  The occupier of a slaughterhouse to which poultry from the zone is sent must ensure that the requirements of article 63 are met.

Requirements for poultry meat from the zone E+W

26.  Poultry meat in the zone from poultry originating in the zone is subject to the requirements set out in article 63(3) and 63(4).

Requirements for poultry meat from outside the zone E+W

27.  Poultry meat in the zone from poultry originating outside the zone is subject to the requirements set out in article 63(3)(a).

Cleansing and disinfection of vehicles carrying any thing which may be contaminated E+W

28.  A person who moves any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.

Cleansing and disinfection of vehicles E+W

29.  A person who enters or leaves premises in the zone by vehicle must cleanse and disinfect any part of the vehicle which may have been contaminated without delay, in accordance with article 66.

Access to prohibited places E+W

30.  No person is to enter any place the subject of a restriction notice under article 79 except in accordance with that notice or with article 35.

Article 31

SCHEDULE 5 E+W Measures in a surveillance zone

Record of visitors E+W

1.  Subject to paragraph 5, the occupier of any premises where poultry or other captive birds are kept must make records of—

(a) the name and address of any person visiting the premises (unless the visit is only to a part of the premises where people live and where no poultry or other captive birds are kept);

(b) the date of the visit;

(c) whether the person had any contact with poultry or other captive birds on the premises.

Record of poultry E+W

2.  The occupier of any premises in the zone must make a record of all poultry entering or leaving those premises as soon as reasonably practicable after the movement.

Record of poultry movements E+W

3.  Subject to paragraph 5, any person who is engaged in the transport or marketing of poultry or poultry eggs in the zone must, as soon as is reasonably practicable, make a record of all poultry and poultry eggs transported or marketed by him.

Poultry movements to be recorded E+W

4.  The records referred to in paragraphs 2 and 3 above must include—

(a) the quantity and description (including species of poultry and type of egg) transported or marketed;

(b) in the case of a movement from premises in the zone—

(i) the date of the movement off the premises;

(ii) the premises of destination (if known);

(iii) the name and address of the person to whom ownership or possession is being or has been transferred;

(c) in the case of a movement onto premises in the zone—

(i) the date of the movement;

(ii) the premises from which the movement originated (if known);

(iii) the name and address of the person from whom ownership or possession is being or has been transferred;

(d) in the case of marketing without an associated movement, the identity and address of the person to whom and the date on which ownership was transferred.

Scope of record keeping duties E+W

5.  Paragraphs 1 and 3 do not apply in respect of the movement of—

(a) eggs direct to retail premises, at or from such premise or subsequent to such a movement;

(b) people to zoos, wildlife parks or (unless required by the National Assembly) any other premises open to the public, provided the public has no access to any area where birds are kept;

(c) the following onto any premises where poultry or other captive birds are kept—

(i) any person on a public right of way or exercising any other right of access to the premises;

(ii) trespassers;

(iii) any person executing this Order.

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises E+W

6.—(1) Subject to sub-paragraph (2), no person is to move poultry, other captive birds or mammals from or to premises in the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) Sub-paragraph (1) does not apply to pet animals which—

(a) only have access to that part of the premises where people live;

(b) have no contact with poultry or other captive birds on the premises; and

(c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.

Biosecurity measures E+W

7.  The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—

(a) take such biosecurity measures as he considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and

(b) comply with any biosecurity requirements which a veterinary inspector or an inspector under the direction of a veterinary inspector by notice to him or her, imposes.

Litter, poultry manure and slurry E+W

8.  No person is to remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

Gatherings of poultry E+W

9.  No person is to permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering in the zone.

Release of game E+W

10.  No person is to release game birds.

Restrictions on the movement of poultry and eggs within the zone E+W

11.  Subject to paragraph 12, no person is to move any poultry or eggs within the zone (other than through the zone by road or rail without stopping), unless licensed by a veterinary inspector.

Wholesale and retail distribution of eggs within the zone E+W

12.  Paragraph 11 does not apply to the movement of eggs direct to wholesale or retail premises, or subsequent to such a movement.

Biosecurity measures E+W

13.  A veterinary inspector must not grant a licence under paragraph 11 unless he or she is satisfied that the licensee will take appropriate biosecurity measures and the taking of such measures must be conditions of the licence.

Movement of poultry to a slaughterhouse E+W

14.  A veterinary inspector may license the movement of poultry from outside any avian influenza protection and surveillance zones to a slaughterhouse within the surveillance zone and subsequent movements of the meat derived from such poultry.

Restrictions on the movement of poultry and eggs out of the zone E+W

15.—(1) Subject to paragraph 16, no person is to move any poultry or eggs out of the zone, unless the movement is—

(a) a movement set out in sub-paragraph (2); and

(b) licensed by a veterinary inspector.

(2) The movements referred to in sub-paragraph (1) are movements of—

(a) poultry for slaughter (if the requirements of paragraph 17 are met);

(b) day-old chicks hatched from eggs originating within the protection or surveillance zone or from eggs which came into contact with such eggs (if the requirements of paragraph 18 are met);

(c) day-old chicks hatched from eggs originating outside the protection and surveillance zones kept separate from eggs produced in such a zone (if the requirements of paragraph 19 are met);

(d) ready-to-lay poultry to premises or a part of any premises where no poultry are kept;

(e) hatching eggs from the zone—

(i) to a designated hatchery; or

(ii) to designated premises for use for scientific, diagnostic or pharmaceutical purposes

(if, in both cases, the requirements of paragraph 20 are met);

(f) eggs to a designated egg packing centre (if the requirements of paragraph 21 are met);

(g) eggs to an egg processing plant;

(h) eggs for disposal.

Wholesale and retail distribution of table eggs E+W

16.  Paragraph 15 does not apply to a movement of table eggs direct to wholesale or retail premises or subsequent to such a movement.

Requirements for the movement of poultry from premises in the zone to a designated slaughterhouse E+W

17.  Poultry may be moved from premises in the zone to a designated slaughterhouse, but only within 24 hours of the completion of a veterinary inspection of the premises.

Requirements for the movement of day-old chicks hatched from eggs produced within the protection or surveillance zone or from eggs which have had contact with such eggs E+W

18.  Day-old chicks from eggs produced within the protection or surveillance zone or from eggs which have had contact with such eggs must not be moved unless any biosecurity measures laid down by a veterinary inspector by notice or licence condition are complied with.

Requirements for the movement of day-old chicks hatched from eggs originating outside the protection and surveillance zones E+W

19.  Day-old chicks from eggs originating outside any avian influenza protection and surveillance zones must not be moved unless the hatchery within the zone is operated in such a way that eggs from outside the zone do not come into contact with eggs or day-old chicks from within the zone.

Requirements for the movement of hatching eggs from the zone to a designated hatchery, or to designated premises for use for scientific, diagnostic or pharmaceutical purposes E+W

20.  Hatching eggs must not be moved from the zone to a designated hatchery or to designated premises for use for scientific, diagnostic or pharmaceutical purposes unless the eggs and their packaging are disinfected before they leave the premises.

Requirements for the movement of eggs to an egg packing centre E+W

21.  Eggs must not be moved to a designated egg packing centre unless—

(a) they are packed in disposable packaging; and

(b) any person transporting the eggs complies with any biosecurity measures laid down by a veterinary inspector.

Cleansing and disinfection of vehicles carrying any thing which may be contaminated E+W

22.  A person who transports any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.

Cleansing and disinfection of vehicles E+W

23.  A person who enters or leaves premises in the zone by vehicle must cleanse and disinfect without delay any part of the vehicle which may have been contaminated, in accordance with article 66.

Article 46

SCHEDULE 6 E+W Measures when low pathogenic avian influenza is confirmed

PART 1 E+W Measures on premises where low pathogenic avian influenza is confirmed

Record of poultry, other captive birds and mammals E+W

1.  The occupier must make and update daily a record of poultry, other captive birds and mammals kept on the premises showing, for each species the number or approximate number—

(a) alive;

(b) which have died;

(c) which show clinical signs of avian influenza;

(d) which he or she thinks are likely to be infected;

(e) born or hatched.

Housing or isolation of poultry and other captive birds E+W

2.—(1) The occupier must ensure that poultry and other captive birds are—

(a) housed; or

(b) kept isolated (if so directed by a veterinary inspector on the basis that housing is impractical or would adversely affect the birds' welfare to an significant degree).

(2) If the birds are kept isolated, the occupier must take all reasonable steps to minimise their contact with wild birds, in accordance with a veterinary inspector's instructions.

Prohibition on movement of poultry and other captive birds to and from the premises E+W

3.  No person is to move any poultry or other captive birds to or from the premises, unless licensed by a veterinary inspector.

Movement of poultry to a slaughterhouse E+W

4.  No person is to move any poultry or other captive bird to a slaughterhouse unless—

(a) the slaughterhouse is a designated slaughterhouse;

(b) the poultry are sent directly to the slaughterhouse; and

(c) they are transported in vehicles sealed by a veterinary inspector or in accordance with his or her instructions.

Duty not to tamper with or remove seal on vehicles transporting poultry E+W

5.  No person is to tamper with a seal on a vehicle transporting poultry to a slaughterhouse or remove it until the vehicle has arrived at the slaughterhouse.

Cleansing and disinfection of vehicles transporting any bird or thing which may be contaminated E+W

6.  A person who transports any bird or any thing which may be contaminated must, as soon as the bird or thing is unloaded, cleanse and disinfect the vehicle and any equipment used for transportation in accordance with article 66.

Prohibition on the movement of people, animals, vehicles and equipment to and from premises E+W

7.—(1) Subject to paragraph (2), no person is to move to or from the premises and no person is to move any mammal, vehicle or equipment to or from the premises, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) Sub-paragraph (1) does not apply to pet animals which—

(a) only have access to that part of the premises where people live;

(b) have no contact with poultry or other captive birds on the premises; and

(c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.

Disposal of carcases E+W

8.  The occupier must ensure that carcases are disposed of as soon as possible in accordance with a veterinary inspector's instructions (unless he or she licenses their use for diagnosis of disease).

Restrictions in relation to eggs E+W

9.  Subject to paragraph 10, the occupier must ensure that eggs on the premises which are to be disposed of and which are not seized by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions.

Hatching eggs on special category premises E+W

10.  A veterinary inspector may, by notice to the occupier of special category premises, direct that hatching eggs on those premise need not be disposed of.

Tracing E+W

11.  The occupier must give all reasonable assistance to a veterinary inspector in the tracing of any thing liable to transmit avian influenza from and to the premises.

Manure, slurry and bedding E+W

12.  The occupier of the premises must ensure that manure, slurry and bedding which may be contaminated are treated in accordance with article 66.

Cleansing and disinfection E+W

13.  The occupier must cleanse and disinfect the premises in accordance with article 66 and Schedule 3.

Other material which may be contaminated E+W

14.  The occupier of the premises must ensure that any other material or substance which may be contaminated is treated in accordance with a veterinary inspector's instructions or disposed of.

Killing and seizure E+W

15.  The occupier must give all reasonable assistance to any person exercising a function relating to the killing of poultry or other captive birds under paragraph 5 of Schedule 3 to the Act or to the seizure of any thing under the Diseases of Animals (Seizure) Order 1993 M3 .

Marginal Citations

M3 S.I. 1993/1685.

Restrictions on the movement of eggs E+W

16.  No person is to move any eggs from the premises unless licensed by a veterinary inspector.

Disinfection at entrances and exits E+W

17.  The occupier must, in accordance with an inspector's instructions, provide and maintain means of disinfection at the entrances and exits of the premises and of buildings housing poultry or other captive birds M4 .

Marginal Citations

M4 Disinfectants approved for use under this Order are set out in the Schedules to the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32,.amended by S.I. 1999/919 and S.I. 2005/583; there are other amending instruments but these do not relate to this Order).

PART 2 E+W Criteria to be considered by a veterinary inspector before permitting movements from premises where low pathogenic avian influenza has been confirmed

18.  The following are the criteria to be considered by a veterinary inspector before permitting movements from premises where low pathogenic avian influenza has been confirmed— E+W

(a) the species of birds on the premises;

(b) the number of premises he knows to contain poultry or other captive birds in the area around the premises;

(c) the location of slaughterhouses, hatcheries and egg packing centres to which poultry and eggs could be moved;

(d) biosecurity measures already in place or which could be applied at the premises, during movement and during slaughter;

(e) possible routes on which things could be moved;

(f) any evidence of disease spread;

(g) any risk to human health;

(h) any treatment procedures which could be applied to any thing to be moved.

Article 57

SCHEDULE 7 E+W

Measures in a low pathogenic avian influenza restricted zone E+W

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises E+W

1.—(1) Subject to sub-paragraph (2), no person is to move poultry, other captive birds or mammals from or to premises within the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

(2) Paragraph (1) does not apply to pet animals which—

(a) only have access to that part of the premises where people live;

(b) have no contact with poultry or other captive birds on the premises; and

(c) have no access to any cages or areas on the premises where poultry or other captive birds are kept.

Biosecurity measures E+W

2.  The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—

(a) take such biosecurity measures as he or she considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and

(b) comply with any biosecurity requirements which a veterinary inspector or an inspector under the direction of a veterinary inspector, by notice to him or her, imposes.

Litter, poultry manure and slurry E+W

3.  No person is to remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

Gatherings of poultry E+W

4.  No person is to permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering, unless licensed by a veterinary inspector.

Release of game E+W

5.  No person is to release game birds.

Restrictions on the movement of poultry, other captive birds and eggs within the zone E+W

6.  Subject to paragraph 8, no person is to move any poultry, other captive birds or eggs within the zone (other than through the zone by road or rail without stopping), unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.

Restrictions on the movement of poultry and eggs out of the zone E+W

7.—(1) Subject to paragraph 8, no person is to move any poultry or eggs out of the zone, unless the movement is—

(a) set out in sub-paragraph (2); and

(b) licensed by a veterinary inspector.

(2) The movements referred to in paragraph (1) are movements of—

(a) poultry for slaughter at a designated slaughterhouse ;

(b) poultry to premises or part of premises where no poultry are kept ;

(c) day-old chicks from eggs originating within the zone or from eggs which have come into contact with such eggs;

(d) day-old chicks from eggs originating outside the zone, if the hatchery is operated in such a way that such chicks and eggs are kept separate from day-old chicks and eggs originating in the zone;

(e) hatching eggs—

(i) to a designated hatchery; or

(ii) to designated premises for use for scientific, diagnostic or pharmaceutical purposes

(if, in both cases, the eggs and their packaging are disinfected before dispatch);

(f) eggs to a designated egg packing centre in disposable packaging and in accordance with biosecurity requirements specified by a veterinary inspector;

(g) eggs to an egg processing plant inside or outside the zone;

(h) eggs for disposal.

Wholesale and retail distribution of eggs E+W

8.  Paragraphs 6 and 7 do not apply to the movement of table eggs direct to wholesale or retail premises or subsequent to such a movement.

Carcases E+W

9.  The occupier of any premises within the zone must ensure that carcases are disposed of in accordance with a veterinary inspector's instructions (unless the veterinary inspector licenses their use for diagnosis of disease).

Cleansing and disinfection of vehicles E+W

10.  A person who moves any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.