The Foot-and-Mouth Disease Regulations (Northern Ireland) 2006

Regulations 8(3), 8(4),9(1), 9(2), 10(2),13(6), 14(2), 16(3), 23(6),39(2), 54 and 56(1)

SCHEDULE 1 N.I. MEASURES APPLICABLE IN RESPECT OF PREMISES ON SUSPICION AND CONFIRMATION OF DISEASE

Record keeping N.I.

1.—(1) Subject to sub-paragraph (4) the occupier shall 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 used litter.

(2) Records shall be kept in a form approved for the purpose by the Department.

(3) The occupier shall maintain the records kept under paragraphs (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 paragraph 1 of Schedule 5.

Commencement Information

I1 Sch. 1 para. 1 in operation at 23.2.2006, see reg. 1

Signs publicising infection or suspicion N.I.

2.—(1) The Department may exhibit placards, handbills, or warning notices in, or in the immediate neighbourhood of, an area declared to be infected.

(2) The occupier shall ensure that—

(a) any signs supplied by the Department 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 Department, 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;

(c) a person shall not alter, remove, obliterate or deface any placard, handbill or warning notice referred to in sub-paragraph (1).

Commencement Information

I2 Sch. 1 para. 2 in operation at 23.2.2006, see reg. 1

Isolation, removal and detention of susceptible animals N.I.

3.—(1) The occupier shall ensure that a susceptible animal is isolated from any person not attending them and from non-susceptible animal.

(2) On service of a notice by an inspector the occupier shall—

(a) isolate any specified animal or group of animals from any other animal 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) A person shall not move any animals isolate or detained under a notice served under sub-paragraph (2) except under the authority of a licence granted by an inspector.

Commencement Information

I3 Sch. 1 para. 3 in operation at 23.2.2006, see reg. 1

Movement of a susceptible animal N.I.

4.—(1) Subject to the provisions of this paragraph a person shall not move any susceptible animal from or to the premises.

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

(a) under the authority of a licence granted by an inspector and after the incubation periods for all susceptible animals on the premises have elapsed, calculated from the date of imposition of the measures in this Schedule; 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 shall not grant a licence under sub-paragraph (2)(b) unless he is satisfied that the animals to be moved have been clinically examined by a veterinary surgeon with a negative result and the slaughterhouse is the nearest slaughterhouse to the premises with capacity to slaughter the animals.

(4) A person in charge of a vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2)(b) shall ensure that it is cleansed and disinfected in accordance with regulation 42.

(5) Such cleansing and disinfection shall be undertaken—

(a) before loading;

(b) after loading and before leaving the premises of origin (the wheels and wheel arches of the vehicle only); and

(c) after unloading and before leaving the premises of destination.

(6) The prohibition in sub-paragraph (1) does not apply to an animal entering or leaving a free unit (other than a free unit in a temporary control zone).

(7) The prohibition in sub-paragraph (1) does not apply to the movement of an animal leaving infected premises for slaughter under the authority of a licence granted by an inspector.

(8) The prohibition in sub-paragraph (1) does not apply to movement from one part of premises to another part of the same premises using a public highway not bordering other premises if it is authorised by a licence granted by an inspector.

Commencement Information

I4 Sch. 1 para. 4 in operation at 23.2.2006, see reg. 1

Movement of things liable to spread disease N.I.

5.—(1) Subject to the provisions of this paragraph, a person shall not move from the premises any meat, carcase, meat product, milk, milk product, semen, ovum or embryo of a susceptible animal.

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

(a) serve a notice requiring milk to be 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) shall be carried out in a vehicle which an inspector has approved as equipped to ensure that there is no risk of spreading disease.

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

Commencement Information

I5 Sch. 1 para. 5 in operation at 23.2.2006, see reg. 1

Movement of fodder etc. N.I.

6.  A person shall not move, or cause or permit to be moved from the premises, any fodder, utensils, wool, hide or skin, bristles, animal waste, slurry, manure, litter, pen, hurdle, vehicle or any other thing, either animate or inanimate, liable to transmit disease unless authorised to do so by a licence granted by the Department.

Commencement Information

I6 Sch. 1 para. 6 in operation at 23.2.2006, see reg. 1

Movement of persons on to or off the premises N.I.

7.  A person shall not enter or leave the premises except where—

(a) his principal residence is a dwelling on the premises;

(b) his place of employment is the premises;

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

(d) he is authorised to do so by a licence granted by the Department.

Commencement Information

I7 Sch. 1 para. 7 in operation at 23.2.2006, see reg. 1

Cleansing and disinfection of clothing, etc N.I.

8.—(1) A person shall not 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 footwear in accordance with the directions of an inspector.

(2) A person shall not enter or leave the premises—

(a) in which an infected or suspected animal or carcase is 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) A person shall not leave any part of the premises without having cleansed and disinfected his hands to the satisfaction of an inspector and having either—

(a) thoroughly cleansed and disinfected his 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.

Commencement Information

I8 Sch. 1 para. 8 in operation at 23.2.2006, see reg. 1

Disinfection N.I.

9.—(1) The occupier shall 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 shall 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.

Commencement Information

I9 Sch. 1 para. 9 in operation at 23.2.2006, see reg. 1

Movement of vehicles on to or off the premises N.I.

10.  A person shall not move any vehicle on to or off the premises unless the movement is—

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

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

Commencement Information

I10 Sch. 1 para. 10 in operation at 23.2.2006, see reg. 1

Movement of non-susceptible animals N.I.

11.  A person shall not move from the premises a non-susceptible animal except under the authority of a licence granted by the Department.

Commencement Information

I11 Sch. 1 para. 11 in operation at 23.2.2006, see reg. 1

Control of rodents N.I.

12.  The occupier shall take steps to destroy any rats, mice and other rodents on the premises (other than pet rats, mice and other rodents).

Commencement Information

I12 Sch. 1 para. 12 in operation at 23.2.2006, see reg. 1

Movement of persons N.I.

13.  Where any land or premises are declared to be an infected premises—

(a) all persons who have been on such land or premises within the previous 7 days shall within 24 hours of the publication of the declaration notify the fact to the inspector;

(b) all persons who have moved or caused to be moved from such land or premises within the previous 28 days any animal, horse, ass, mule, live poultry, hare, rabbit, dog, carcase, milk, hay, straw, fodder, litter, dung, utensil or other thing either animate or inanimate shall within 24 hours after the publication of such declaration notify the fact to the inspector.

Commencement Information

I13 Sch. 1 para. 13 in operation at 23.2.2006, see reg. 1

Regulation 11(11)

SCHEDULE 2 N.I. CRITERIA FOR CONFIRMING THE DISEASE

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

Commencement Information

I14 Sch. 2 para. 1 in operation at 23.2.2006, see reg. 1

2.  Clinical signs consistent with the 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. N.I.

Commencement Information

I15 Sch. 2 para. 2 in operation at 23.2.2006, see reg. 1

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 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. N.I.

Commencement Information

I16 Sch. 2 para. 3 in operation at 23.2.2006, see reg. 1

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. N.I.

Commencement Information

I17 Sch. 2 para. 4 in operation at 23.2.2006, see reg. 1

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

(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 the disease has been established in one or more susceptible animals (and previous vaccination, residual maternal antibodies or non-specific reactions can be excluded as possible causes or 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 the disease are observed in a susceptible animal kept on the premises.

Commencement Information

I18 Sch. 2 para. 5 in operation at 23.2.2006, see reg. 1

Regulations 27(2), 28(2), 28(3)40(3), 54 and 56(2)

SCHEDULE 3 N.I. CLEANSING AND DISINFECTION OF PREMISES AND VEHICLES

PART I N.I. GENERAL PROCEDURES FOR CLEANSING AND DISINFECTION OF PREMISES AND VEHICLES

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). N.I.

Commencement Information

I19 Sch. 3 Pt. I para. 1 in operation at 23.2.2006, see reg. 1

2.  The Department may by notice served on— N.I.

(a) the occupier of any premises; or

(b) the person in charge of any vehicle,

direct that any cleansing and disinfection operation shall be carried out by that person either at his own expense or at the expense of the Department.

Commencement Information

I20 Sch. 3 Pt. I para. 2 in operation at 23.2.2006, see reg. 1

3.  A person carrying out cleansing or disinfection under this Schedule shall do so in accordance with any additional directions given by an inspector. N.I.

Commencement Information

I21 Sch. 3 Pt. I para. 3 in operation at 23.2.2006, see reg. 1

4.  Used litter and faecal matter shall be thoroughly soaked with disinfectant. N.I.

Commencement Information

I22 Sch. 3 Pt. I para. 4 in operation at 23.2.2006, see reg. 1

5.  All surfaces which may be contaminated shall be brushed and scrubbed thoroughly, in particular floors, ramps, walls and the ground, followed by an application of disinfectant. N.I.

Commencement Information

I23 Sch. 3 Pt. I para. 5 in operation at 23.2.2006, see reg. 1

6.  Equipment or other things obstructing thorough cleansing and disinfection shall be moved or dismantled where this is reasonably practicable. N.I.

Commencement Information

I24 Sch. 3 Pt. I para. 6 in operation at 23.2.2006, see reg. 1

7.  Water used for cleansing shall be disposed of so as to minimise the risk of the spread of disease. N.I.

Commencement Information

I25 Sch. 3 Pt. I para. 7 in operation at 23.2.2006, see reg. 1

8.  Washing of surfaces with liquids under pressure shall be carried out so as to minimise any risk of contamination. N.I.

Commencement Information

I26 Sch. 3 para. 8 in operation at 23.2.2006, see reg. 1

9.  Equipment, installations or other things which may be contaminated shall be cleansed and disinfected or destroyed. N.I.

Commencement Information

I27 Sch. 3 para. 9 in operation at 23.2.2006, see reg. 1

10.—(1) Every person carrying out a cleansing and disinfection operation shall ensure that a written record of it is made and those records are made available to an inspector on request. N.I.

(2) The record shall include the date and time of the operation.

(3) The person in charge of a vehicle which is cleansed and disinfected under this Schedule shall ensure that the record is kept with the vehicle at all times.

Commencement Information

I28 Sch. 3 para. 10 in operation at 23.2.2006, see reg. 1

PART II N.I. CLEANSING AND DISINFECTION OF INFECTED PREMISES

1.  This Part applies to the cleansing and disinfection of premises which are infected premises. N.I.

Commencement Information

I29 Sch. 3 Pt. II para. 1 in operation at 23.2.2006, see reg. 1

CHAPTER 1 N.I. Preliminary disinfection of infected premises

2.  Cleansing and disinfection shall 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. N.I.

Commencement Information

I30 Sch. 3 Pt. II Ch. 1 para. 2 in operation at 23.2.2006, see reg. 1

3.  Following slaughter— N.I.

(a) every carcase shall be sprayed with disinfectant;

(b) carcases shall be removed from the holding in covered, leak-proof containers;

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

Commencement Information

I31 Sch. 3 Pt. II Ch. 1 para. 3 in operation at 23.2.2006, see reg. 1

4.  Disinfectant shall not be removed for at least 24 hours after application. N.I.

Commencement Information

I32 Sch. 3 Pt. II Ch. 1 para. 4 in operation at 23.2.2006, see reg. 1

CHAPTER 2 N.I. Final cleansing and disinfection of infected premises

5.  Grease and dirt shall be removed from all surfaces by the application of a degreasing agent and washed with water or steam. N.I.

Commencement Information

I33 Sch. 3 Pt. II Ch. 2 para. 5 in operation at 23.2.2006, see reg. 1

6.  Following degreasing and washing with water or steam, disinfectant shall be reapplied. N.I.

Commencement Information

I34 Sch. 3 Pt. II Ch. 2 para. 6 in operation at 23.2.2006, see reg. 1

7.  At least seven days after the reapplication of disinfectant, the operations in paragraphs 5 and 6 shall be repeated, followed by final washing with water or steam. N.I.

Commencement Information

I35 Sch. 3 Pt. II Ch. 2 para. 7 in operation at 23.2.2006, see reg. 1

PART III N.I. DISINFECTION OF CONTAMINATED USED LITTER, MANURE AND SLURRY

1.  This Part applies to the disinfection of contaminated litter, manure and slurry on a holding except to the extent that it is varied by a notice served on the occupier by the Department. N.I.

Commencement Information

I36 Sch. 3 Pt. III para. 1 in operation at 23.2.2006, see reg. 1

2.  Unless otherwise directed by the Department by notice served on the occupier, the used litter and the solid phase of manure shall be— N.I.

(a) stacked to heat by adding 100kg granulated quick lime to each 1m³ of material;

(b) heated to a temperature of at least 70°C throughout, sprayed with disinfectant and left for a period of at least 42 days;

(c) covered or re-stacked during the period referred to in (b) so as to ensure thermic treatment of all layers of the stack.

Commencement Information

I37 Sch. 3 Pt. III para. 2 in operation at 23.2.2006, see reg. 1

3.—(1) Unless otherwise directed by the Department by notice served on the occupier slurry and the liquid phase of manure shall be stored for at least the period in sub-paragraph (2) after the last addition of infective material. N.I.

(2) The period for the purposes of sub-paragraph (1) is 42 days or such other period as the Department directs in writing 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.

Commencement Information

I38 Sch. 3 Pt. III para. 3 in operation at 23.2.2006, see reg. 1

PART IV N.I. SPECIAL CASES

1.  Where the Department is satisfied that cleansing and disinfection of premises cannot be completed in accordance with Parts I to III of this Schedule, it shall serve a notice on the occupier notifying him of that opinion and paragraph 2 of this Part of this Schedule shall apply to those premises. N.I.

Commencement Information

I39 Sch. 3 Pt. IV para. 1 in operation at 23.2.2006, see reg. 1

2.  Cleansing and disinfection of premises to which this paragraph applies shall be carried out in accordance with the directions of an inspector. N.I.

Commencement Information

I40 Sch. 3 Pt. IV para. 2 in operation at 23.2.2006, see reg. 1

Regulation 47(2)

SCHEDULE 4 N.I. RESTOCKING OF PREMISES

PART I N.I. GENERAL PRINCIPLES

1.—(1) In this Schedule “vaccinated” means treated with hyperimmune serum or vaccine against disease and “unvaccinated” shall be construed accordingly. N.I.

(2) Paragraphs 2 to 5 apply subject to paragraphs 6 and 7.

Commencement Information

I41 Sch. 4 para. 1 in operation at 23.2.2006, see reg. 1

2.  An animal for restocking may only be introduced under the following conditions— N.I.

(a) the animal shall not come from a temporary control zone, protection zone or surveillance zone or vaccination zone;

(b) the Department 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 animal shall either—

(i) originate in and come from a holding where there has been no confirmed case of the 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.

Commencement Information

I42 Sch. 4 para. 2 in operation at 23.2.2006, see reg. 1

3.  During restocking animals shall be introduced into all units and buildings of the holding. N.I.

Commencement Information

I43 Sch. 4 para. 3 in operation at 23.2.2006, see reg. 1

4.—(1) Subject to sub-paragraph (2), during restocking each animal shall— N.I.

(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, each animal shall be subject to clinical inspection once per week;

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

Commencement Information

I44 Sch. 4 para. 4 in operation at 23.2.2006, see reg. 1

5.  Not earlier than 28 days after the last introduction, each animal shall be clinically examined by an inspector and samples tested for the presence of antibodies against the disease virus. N.I.

Commencement Information

I45 Sch. 4 para. 5 in operation at 23.2.2006, see reg. 1

PART II N.I. RESTOCKING OF PREMISES IN A VACCINATION ZONE

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— N.I.

(a) an inspector of the Department has, within the 24 hours prior to introduction, carried out a clinical examination on every susceptible animal on the premises supplying an animal to be introduced without having identified signs of the 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 the disease by an inspector after the end of its incubation period with negative results or a serological survey shall has been completed on the animals to be introduced with negative results.

Commencement Information

I46 Sch. 4 para. 6 in operation at 23.2.2006, see reg. 1

Restocking of premises outside a vaccination zone with vaccinated animals: surveillance N.I.

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

(a) it shall not be subject to paragraphs 2 to 5; and

(b) if the proportion of vaccinated animals in the 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 Department shall ensure that the vaccinated animals are randomly tested for the detection of antibodies against non-structural proteins.

Commencement Information

I47 Sch. 4 para. 7 in operation at 23.2.2006, see reg. 1

PART III N.I. MOVEMENT OF SUSCEPTIBLE ANIMALS DURING RESTOCKING

8.  During restocking, a person shall not move a susceptible animal from the premises. N.I.

Commencement Information

I48 Sch. 4 para. 8 in operation at 23.2.2006, see reg. 1

PART IV N.I. COMPLETION OF RESTOCKING

9.  The Department shall declare the completion of restocking by notice served on the occupier if— N.I.

(a) every introduced unvaccinated animal on the premises has undergone the examination and test in paragraph 5 with negative results and, where 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.

Commencement Information

I49 Sch. 4 para. 9 in operation at 23.2.2006, see reg. 1

Regulations 21(2), 32(1), 39(2),54 and Schedule 1

SCHEDULE 5 N.I. MEASURES APPLICABLE IN RESPECT OF PROTECTION ZONES AND SURVEILLANCE ZONES

PART I N.I. MEASURES APPLICABLE IN RESPECT OF BOTH PROTECTION ZONES AND SURVEILLANCE ZONES

Record keeping in protection zones and surveillance zones N.I.

1.—(1) The occupier of every premises in a protection zone or surveillance zone where susceptible animals are kept shall 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, 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 used litter.

(2) Records shall be kept in a form approved for the purpose by the Department.

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

Commencement Information

I50 Sch. 5 Pt. I para. 1 in operation at 23.2.2006, see reg. 1

Straying of susceptible animals N.I.

2.—(1) The keeper of a susceptible animal in a protection zone or a surveillance zone shall 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.

Commencement Information

I51 Sch. 5 Pt. I para. 2 in operation at 23.2.2006, see reg. 1

Control of dogs and poultry in protection zones and surveillance zones N.I.

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

(a) confining it in a dwelling house, 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 or officer of the Police Service of Northern Ireland 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 Article 23 of the Dogs (Northern Ireland) Order 1983(1).

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

Commencement Information

I52 Sch. 5 Pt. I para. 3 in operation at 23.2.2006, see reg. 1

Shearing or dipping sheep in a protection or surveillance zone N.I.

4.—(1) Subject to sub-paragraph (2), a person shall not—

(a) shear or dip sheep; or

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

in a protection zone or a surveillance zone except where authorised by a licence granted by an inspector.

(2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his employees (other than any person employed by him 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 regulation—

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

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

Commencement Information

I53 Sch. 5 Pt. I para. 4 in operation at 23.2.2006, see reg. 1

Ultrasound scanning of sheep in a protection or surveillance zone N.I.

5.—(1) Subject to sub-paragraph (2), a person shall not carry out ultrasound scanning of sheep in a protection zone or a surveillance zone except where authorised by a licence granted by an inspector.

(2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his 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.

Commencement Information

I54 Sch. 5 Pt. I para. 5 in operation at 23.2.2006, see reg. 1

Semen, ova and embryos collected in a protection or surveillance zone N.I.

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

(2) A person shall not sell or consign for sale—

(a) Any ova or embryos unless they comply with sub-paragraph (3); or

(b) any semen unless it complies with sub-paragraph (3) or (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 more than 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 21 or fewer days before the earliest infection date in the protection zone, or in the case of a surveillance zone, the associated protection zone, on or after that infection date;

(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 zone or surveillance zone;

(e) an inspector of the Department 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.

Commencement Information

I55 Sch. 5 Pt. I para. 6 in operation at 23.2.2006, see reg. 1

Hides and skins from susceptible animals originating in a protection or surveillance zone N.I.

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

(2) A person shall not sell or consign for sale any animal product to which this paragraph applies unless either—

(a) it was—

(i) produced more than 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 Part I of Schedule 6.

Commencement Information

I56 Sch. 5 Pt. I para. 7 in operation at 23.2.2006, see reg. 1

Wool, ruminant hair and pig bristles from animals originating in a protection or surveillance zone N.I.

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

(2) A person shall not sell or consign for sale any animal product to which this paragraph applies unless either—

(a) it was—

(i) produced more than 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 Part I of Schedule 6.

Commencement Information

I57 Sch. 5 Pt. I para. 8 in operation at 23.2.2006, see reg. 1

Other animal products produced in a protection or surveillance zone or from animals originating in such a zone N.I.

9.—(1) This paragraph applies to any animal product other than—

(a) fresh meat, minced meat, mechanically separated meat and any meat preparation;

(b) milk and any milk product;

(c) semen, ova and embryos;

(d) hides and skins; and

(e) wool, ruminant hair and pig bristles,

if it is produced in a protection zone or surveillance zone from a susceptible animal, or from susceptible animals originating in a protection zone or surveillance zone.

(2) A person shall not 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 more than 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 Part I of Schedule 6;

(c) where it is referred to in one of paragraphs 5 to 9 of Part I of Schedule 6, it has been treated so that it falls within the paragraph in question;

(d) it forms part of 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 6 and has been treated so that it falls within that paragraph (either before manufacturing or processing, or as a part of the complete product); or

(ii) was not produced from a susceptible animal originating on infected premises, suspect premises 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 by the end user which is—

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

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

(iii) used 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.

Commencement Information

I58 Sch. 5 Pt. I para. 9 in operation at 23.2.2006, see reg. 1

PART II N.I. MEASURES APPLICABLE ONLY IN RESPECT OF A PROTECTION ZONE

Movement of a susceptible animal from or to premises in a protection zone N.I.

1.—(1) Subject to the provisions of this paragraph, a person shall not move a susceptible animal from premises in a protection zone.

(2) The prohibition in sub-paragraph (1) does not apply to the transport of a susceptible animal 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) An inspector shall not grant a licence under sub- paragraph (2) unless he 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 person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2) shall ensure that it is cleansed and disinfected without delay in accordance with regulation 42.

(5) The prohibition in sub-paragraph (1) does not apply to the movement of an animal leaving infected premises for slaughter under the authority of a licence granted under sub-paragraph 4(7) of Schedule 1.

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

Commencement Information

I59 Sch. 5 Pt. II para. 1 in operation at 23.2.2006, see reg. 1

Movement of a non-susceptible animal from or to premises in a protection zone where a susceptible animal is kept N.I.

2.—(1) Subject to the provisions of this paragraph, a person shall not move a 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) the movement of a pet animal which is not a susceptible animal;

(b) the movement of a horse under the terms of a licence granted by an inspector; or

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

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

Commencement Information

I60 Sch. 5 Pt. II para. 2 in operation at 23.2.2006, see reg. 1

Movement of an animal into or out of a protection zone N.I.

3.—(1) Subject to the provisions of this paragraph, a person shall not move an animal into or out of a protection zone.

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

(a) movements permitted under paragraph 1 or 2 of this Part;

(b) the movement of a pet animal which is not a susceptible animal;

(c) the movement of a horse 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) An inspector granting a licence under sub-paragraph (2)(c) shall 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) shall—

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

(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) shall—

(a) ensure that it is cleansed and disinfected without delay in accordance with regulation 42 and any additional requirements an inspector may by written directions impose;

(b) ensure such cleansing and disinfection is undertaken—

(i) before loading,

(ii) after loading and before leaving the premises of origin (the wheels and wheel arches of the vehicle only), and

(iii) after unloading and before leaving the slaughterhouse; and

(c) make a record of the date and time of that cleansing and disinfection;

(d) keep the record with the vehicle at all times; and

(e) retain the record for 6 months after the last such cleansing and disinfection.

Commencement Information

I61 Sch. 5 Pt. II para. 3 in operation at 23.2.2006, see reg. 1

Movement of vehicles from premises in a protection zone where a susceptible animal is kept N.I.

4.  A person shall not move any vehicle designed or adapted for the transport of animals from premises in a protection zone where a susceptible animal is kept except under the authority of a licence granted by an inspector.

Commencement Information

I62 Sch. 5 Pt. II para. 4 in operation at 23.2.2006, see reg. 1

Control of animal gatherings in a protection zone N.I.

5.  A person shall not hold an animal gathering in a protection zone.

Commencement Information

I63 Sch. 5 Pt. II para. 5 in operation at 23.2.2006, see reg. 1

Control of gatherings of people in a protection zone N.I.

6.—(1) A person shall not hold or take part in the following activities in a protection zone—

(a) hunting including hunting any drag or other trail;

(b) falconry, except under a licence granted by the Department;

(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 household, persons employed by him as beaters and any member of a shooting party of not more than three persons authorised by him, 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 Department; and

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

(2) Where holding any recreational or sporting activity may, in the opinion of the Department, spread disease, it may prohibit it by serving 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.

Commencement Information

I64 Sch. 5 Pt. II para. 6 in operation at 23.2.2006, see reg. 1

Breeding in a protection zone N.I.

7.—(1) A person shall not carry out breeding of a susceptible animal by means of itinerant service in a protection zone.

(2) A person shall not carry out artificial insemination of an animal 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 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 Department.

Commencement Information

I65 Sch. 5 Pt. II para. 7 in operation at 23.2.2006, see reg. 1

Slaughter for private consumption in a protection zone N.I.

8.  A person shall not slaughter a susceptible animal on any premises in a protection zone for private consumption on those premises.

Commencement Information

I66 Sch. 5 Pt. II para. 8 in operation at 23.2.2006, see reg. 1

Transport of fodder in a protection zone N.I.

9.  A person shall not transport fodder to premises in a protection zone where a susceptible animal is kept except under the authority of a licence granted by an inspector.

Commencement Information

I67 Sch. 5 Pt. II para. 9 in operation at 23.2.2006, see reg. 1

Sale of fodder originating in a protection zone N.I.

10.  A person shall not sell or consign for sale fodder produced in a protection zone unless it satisfies one of the following requirements—

(a) it was—

(i) produced more than 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 to the final user by a licence granted by an inspector;

(c) it was produced on premises where a susceptible animal is not kept using raw materials also produced on such premises or raw materials produced outside the protection zone;

(d) it is forage or straw falling within Part II of Schedule 6.

Commencement Information

I68 Sch. 5 para. 10 in operation at 23.2.2006, see reg. 1

Transport, treatment and spreading of dung, manure or slurry produced in a protection zone N.I.

11.—(1) This paragraph applies to dung, manure or slurry—

(a) from premises in a protection zone where a susceptible animal is kept, or

(b) collected from a vehicle carrying a susceptible animal from or within a protection zone.

(2) A person shall not transport dung, manure or slurry to which this paragraph applies unless such transport complies with sub-paragraph (3) or (5), and with sub-paragraph (6).

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

(4) The occupier of any premises to which manure is transported by authority of a licence granted under sub-paragraph (3) shall ensure that it is treated in accordance with [F1 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 to Regulation (EU) No. 142/2011] .

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

(a) the dung, manure or slurry is for spreading on premises where a susceptible animal is not kept;

(b) the dung, manure or slurry was produced more than 21 days before the earliest infection date in the protection zone;

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

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

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

(6) Transport of dung, manure or slurry 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 in accordance with the directions of an inspector, after loading and before leaving the premises of origin.

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

(8) A person in charge of a vehicle to be cleansed and disinfected so as to comply with sub-paragraph (6) or under sub-paragraph (7) shall 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 the premises of origin or the premises of destination;

(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) A person shall not spread dung, manure or slurry to which this paragraph applies unless such spreading is authorised by a licence granted by an inspector and—

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

(b) if spread as a liquid spread 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 the horizontal; and

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

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

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

(b) designation of a distance from premises where a susceptible animal is kept within which dung, manure or slurry must not be spread.

Textual Amendments

F1 Words in Sch. 5 para. 11(4) substituted (19.3.2011) by The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 (revoked) 2011 (S.R. 2011/124), reg. 1, Sch. para. 21(a)

Commencement Information

I69 Sch. 5 para. 11 in operation at 23.2.2006, see reg. 1

Fresh meat etc. derived from a susceptible animal originating in a protection zone N.I.

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

(2) A person shall not 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) it was produced more than 21 days before the earliest infection date in the 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, and

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

Commencement Information

I70 Sch. 5 para. 12 in operation at 23.2.2006, see reg. 1

Fresh meat etc. produced on premises in a protection zone N.I.

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

(2) A person shall not 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 Department 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 Department.

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

(a) it was either—

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

(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 3(2)(e) of this Part and slaughtered there; and

(b) it is health marked or identification marked.

Commencement Information

I71 Sch. 5 para. 13 in operation at 23.2.2006, see reg. 1

Meat products produced from meat derived from a susceptible animal originating in a protection zone N.I.

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

(2) A person shall not sell or consign for sale any meat product to which this paragraph applies unless—

(a) it was produced from fresh meat, minced meat, a meat preparation or mechanically separated meat which may be sold or consigned for sale because it complies with paragraph 12(2) of this Part; or

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

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

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

(iii) treated at that establishment so that it falls within paragraph 1 of Part I of Schedule 6.

Commencement Information

I72 Sch. 5 para. 14 in operation at 23.2.2006, see reg. 1

Milk and milk products produced from susceptible animals originating in a protection zone or on premises in a protection zone N.I.

15.—(1) A person shall not 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 more than 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 Part IV of Schedule 6; 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 Department may direct.

(4) A person shall not 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 on 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 a susceptible animal is 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 Department imposing such conditions as it considers necessary to ensure strict veterinary control;

(b) they are operated so that all milk transported to the premises—

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

(ii) is transported to the premises for treatment so that it complies with sub-paragraph (3), or

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

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

Commencement Information

I73 Sch. 5 para. 15 in operation at 23.2.2006, see reg. 1

Collection, transport and processing of milk and milk products produced in a protection zone N.I.

16.—(1) A person shall not collect and transport milk produced on premises in a protection zone where a susceptible animal is 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 disease under Article 4 of the Specified Animal Pathogens (Northern Ireland) Order 1999(2), 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 Northern Ireland in which the journey is to take place by a licence granted by the department; 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 Department.

(4) A licence granted under sub-paragraph (2)(b) shall specify the route to be taken and shall include a condition prohibiting the vehicle from entering any premises in the zone where a susceptible animal is 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) shall 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) A person shall not process milk transported to a laboratory under this paragraph except under the authority of a licence granted by an inspector.

Commencement Information

I74 Sch. 5 para. 16 in operation at 23.2.2006, see reg. 1

PART III N.I. MEASURES APPLICABLE ONLY IN RESPECT OF A SURVEILLANCE ZONE

Movement of an animal from premises in a surveillance zone N.I.

1.—(1) Subject to the provisions of this paragraph, a person shall not move a susceptible animal from premises within a surveillance zone.

(2) The prohibition in sub-paragraph (1) does not apply to the transport of a susceptible animal 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 shall not grant a licence under sub-paragraph (2) unless he is satisfied that—

(a) an 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 prohibition in sub-paragraph (1) does not apply to transport of a susceptible animal for slaughter under the authority 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 shall not grant a licence under sub-paragraph (4) unless he is satisfied that—

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

(b) a veterinary surgeon 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 shall not grant a licence under sub-paragraph (4)(a) unless he is also satisfied that—

(a) there is no slaughterhouse within 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 zone 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 shall 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) shall ensure that it is cleansed and disinfected in accordance regulation 42 and any additional requirements an inspector may by written directions impose.

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

(10) A inspector shall not grant a licence under sub-paragraph (9) unless—

(a) he is satisfied that a veterinary surgeon 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; and

(b) at least 15 days have elapsed since the most recent confirmed case of the 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 a public highway under the authority of a licence granted by an inspector.

Commencement Information

I75 Sch. 5 Pt. III para. 1 in operation at 23.2.2006, see reg. 1

Control of animal gatherings and gatherings of people in a surveillance zone N.I.

2.—(1) A person shall not—

(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 representatives) are present,

except under the authority of a licence granted by the Department.

(2) A person shall not hold or take part in the following activities in a surveillance zone—

(a) hunting including hunting any drag or other trail; or

(b) stalking,

except under the authority of a licence granted by the Department.

(3) Subject to sub-paragraph (4), a person shall not shoot deer except under the authority of a licence granted by the Department.

(4) The occupier of any land, members of his household, persons employed by him as beaters and any member of a shooting party of not more than three persons authorised by him may shoot deer found on that land.

Commencement Information

I76 Sch. 5 Pt. III para. 2 in operation at 23.2.2006, see reg. 1

Fresh meat etc. derived from a susceptible animal originating in a surveillance zone N.I.

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

(2) A person shall not 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 offals) which complies with sub-paragraph (4), (5) or (6);

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

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

(a) it was produced more than 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 marked 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 1 of Part III of Schedule 6 and from a carcase which has been matured such that it falls within paragraph 2 of Part III of Schedule 6.

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

(a) the animal from which it was produced was resident on the same premises for at least 21 days before slaughter and was 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 Department until any suspicion of infection on the premises of origin has been ruled out, but in any event for a period of at least 7 days.

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

(a) the animal 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 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 Department for 24 hours and released only after a repeat inspection of the animals in the premises of origin has 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 marked or identification marked and that mark was overstamped; and

(c) it was subsequently treated to form a meat product which falls within paragraph 1 of Part I of Schedule 6.

(8) In this paragraph, “trimmed offal” means any of—

(a) heart from which lymphatic glands, connective tissue and adhering fat has been completely removed;

(b) liver from which lymphatic glands, adhering connective tissue and fat has been completely removed;

(c) whole masseter muscles;

(d) tongues with epithelium and without bone, cartilage and tonsils;

(e) lungs from which the trachea and main bronchi and the mediastinal and bronchial lymphatic gland have been removed;

(f) other offal without bone or cartilage from which lymphatic glands, connective tissue, adhering fat and mucous membrane have been removed.

Commencement Information

I77 Sch. 5 Pt. III para. 3 in operation at 23.2.2006, see reg. 1

Fresh meat etc. produced on premises in a surveillance zone N.I.

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

(2) A person shall not 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 Department imposing such conditions as it considers necessary to ensure strict veterinary control of the establishment;

(b) processes only meat which complies with 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 Department.

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

(a) it was either—

(i) produced from an animal transported to the slaughterhouse from the surveillance zone and it falls within sub-paragraph 3(4), 3(5) or 3(6) of this Part, or

(ii) produced from an animal reared and slaughtered outside a surveillance zone and its associated protection zone; or

(iii) produced from an animal transported to the slaughterhouse from a protection zone under the authority of a licence granted under paragraph 3(2)(e) of Part II of this Schedule; and

(b) it is health marked or identification marked.

Commencement Information

I78 Sch. 5 Pt. III para. 4 in operation at 23.2.2006, see reg. 1

Meat products produced from meat derived from susceptible animals originating in a surveillance zone or produced on premises in a surveillance zone N.I.

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

(a) produced from meat derived from a susceptible animal originating in a surveillance zone; or

(b) produced on premises in a surveillance zone.

(2) A person shall not 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 (4).

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

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

(b) transported to an establishment designated by the Department as authorised to treat meat from a surveillance zone; and

(c) treated at that establishment to form a meat product which falls within paragraph 1 of Part I of Schedule 6.

(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 Department imposing such conditions as she considers necessary to ensure strict veterinary control of the establishment;

(b) processes only meat falling within sub-paragraph 4(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 Department.

Commencement Information

I79 Sch. 5 Pt. III para. 5 in operation at 23.2.2006, see reg. 1

Milk and milk products produced from a susceptible animal originating in a surveillance zone or on premises in a surveillance zone N.I.

6.—(1) A person shall not 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 more than 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 Part IV of Schedule 6; 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 zone or surveillance zone on such premises as the Department may directs.

(4) A person shall not 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) any 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 on 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 a susceptible animal is 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 Department imposing such conditions as it considers necessary to ensure strict veterinary control;

(b) they are operated so that all milk transported to the premises—

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

(ii) is transported to the premises for treatment so that it complies with sub-paragraph (3),

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

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

Commencement Information

I80 Sch. 5 Pt. III para. 6 in operation at 23.2.2006, see reg. 1

Collection, transport and processing of raw milk produced in a surveillance zone N.I.

7.—(1) A person shall not collect and transport raw milk produced on premises in a surveillance zone where a susceptible animal is 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 disease under Article 4 of the Specified Animal Pathogens (Northern Ireland) Order 1999, 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 Northern Ireland in which the journey is to take place by a licence granted by the Department, 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 Department.

(4) A licence granted under sub-paragraph (2)(b) shall specify the route to be taken and shall include a condition prohibiting the vehicle from entering any premises in the zone where a susceptible animal is 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) shall 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) A person shall not process milk transported under this paragraph except under the authority of a licence granted by an inspector.

Commencement Information

I81 Sch. 5 Pt. III para. 7 in operation at 23.2.2006, see reg. 1

Transport, treatment and spreading of dung, manure, slurry and litter produced in a surveillance zone N.I.

8.—(1) This paragraph applies to dung, manure, slurry and litter—

(a) from premises in a surveillance zone keeping susceptible animals; or

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

(2) A person shall not transport dung, manure or slurry to which this paragraph applies unless such transport complies with sub-paragraphs (3), (5) or (7), and with sub-paragraph (10).

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

(4) The occupier of any premises to which dung, manure or slurry is transported by authority of a licence granted under sub-paragraph (3) shall ensure that it is treated in accordance with [F2 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 to Regulation (EU) No. 142/2011] .

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

(a) the dung, manure or slurry is for spreading;

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

(c) before grant of the licence an inspector has 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) A person shall not spread dung, manure or slurry to which this paragraph applies unless such spreading is authorised by a licence granted by an inspector and the dung, manure or slurry—

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

(b) if spread as a 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 the horizontal; and

(c) is immediately incorporated into the ground.

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

(a) the dung, manure or slurry is for spreading;

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

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

(8) A person shall not spread dung, manure or slurry 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, manure or slurry is injected into the ground.

(9) Any licence granted under sub-paragraph (6) or (8) shall 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 a susceptible animal is kept within which dung, manure or slurry must not be spread.

(10) Transport of dung, manure or slurry 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 in accordance with the directions of an inspector, 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 shall ensure it is cleansed and disinfected in accordance with the directions of an inspector, 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 under sub-paragraph (11) shall 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 either premises; and

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

Textual Amendments

F2 Words in Sch. 5 para. 8(4) substituted (19.3.2011) by The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 (revoked) 2011 (S.R. 2011/124), reg. 1, Sch. para. 21(b)

Commencement Information

I82 Sch. 5 Pt. III para. 8 in operation at 23.2.2006, see reg. 1

Regulation 26(3) and Schedule 5

SCHEDULE 6 N.I. TREATMENTS TO ENSURE THE DESTRUCTION OF DISEASE VIRUS

PART I N.I. PRODUCTS OF ANIMAL ORIGIN (OTHER THAN FRESH MEAT, MILK AND MILK PRODUCTS)

Meat products N.I.

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 Fο3;

(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.

Commencement Information

I83 Sch. 6 Pt. I para. 1 in operation at 23.2.2006, see reg. 1

Hides and skins N.I.

2.  Hides and skins fall within this paragraph if they comply with the requirements in [F3 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 Words in Sch. 6 Pt. I(2) substituted (19.3.2011) by The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 (revoked) 2011 (S.R. 2011/124), reg. 1, Sch. para. 22(a)

Commencement Information

I84 Sch. 6 Pt. I para. 2 in operation at 23.2.2006, see reg. 1

Wool, ruminant hair and pig bristles N.I.

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

Textual Amendments

F4 Words in Sch. 6 Pt. I(3) substituted (19.3.2011) by The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 (revoked) 2011 (S.R. 2011/124), reg. 1, Sch. para. 22(b)

Commencement Information

I85 Sch. 6 Pt. I para. 3 in operation at 23.2.2006, see reg. 1

Animal products derived from susceptible animals N.I.

4.  Animal 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 F_O3;

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

Commencement Information

I86 Sch. 6 Pt. I para. 4 in operation at 23.2.2006, see reg. 1

Blood and blood products N.I.

5.  Blood and blood products of a susceptible animal used for technical purposes (including pharmaceuticals, in vitro diagnostics and laboratory reagents) which have undergone any of the treatments referred to in [F5 point 2(b)(ii) of Chapter IV of Annex XIII to Regulation (EU) No. 142/2011] .

Textual Amendments

F5 Words in Sch. 6 Pt. I(5) substituted (19.3.2011) by The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 (revoked) 2011 (S.R. 2011/124), reg. 1, Sch. para. 22(c)

Commencement Information

I87 Sch. 6 para. 5 in operation at 23.2.2006, see reg. 1

Lard and rendered fats N.I.

6.  Lard and rendered fats fall within this paragraph if they have undergone the heat treatment referred to in point [F6 [F7 Section] 3(d) of Chapter I of Annex XIV to Regulation (EU) No. 142/2011] .

Textual Amendments

F6 Words in Sch. 6 Pt. I(6) substituted (19.3.2011) by The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 (revoked) 2011 (S.R. 2011/124), reg. 1, Sch. para. 22(d)

F7 Word in Sch. 6 Pt. I para. 6 substituted (11.4.2019) by The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/82), reg. 1, Sch. 3 para. 8

Commencement Information

I88 Sch. 6 para. 6 in operation at 23.2.2006, see reg. 1

Petfood and dog chews N.I.

7.  Petfood and dog chews fall within this paragraph if they comply with the requirements of points [F8 Chapter II of Annex XIII to Regulation (EU) No. 142/2011] .

Textual Amendments

F8 Words in Sch. 6 Pt. I(7) substituted (19.3.2011) by The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 (revoked) 2011 (S.R. 2011/124), reg. 1, Sch. para. 22(e)

Commencement Information

I89 Sch. 6 para. 7 in operation at 23.2.2006, see reg. 1

Game trophies of ungulates N.I.

8.  Game trophies of ungulates fall within this paragraph if they comply with the requirements of [F9 Chapter VI of Annex XIII to Regulation (EU) No. 142/2011] .

Textual Amendments

F9 Words in Sch. 6 Pt. I(8) substituted (19.3.2011) by The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 (revoked) 2011 (S.R. 2011/124), reg. 1, Sch. para. 22(f)

Commencement Information

I90 Sch. 6 para. 8 in operation at 23.2.2006, see reg. 1

Animal casings N.I.

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.

Commencement Information

I91 Sch. 6 para. 9 in operation at 23.2.2006, see reg. 1

PART II N.I. PRODUCTS NOT OF ANIMAL ORIGIN

Straw and forage N.I.

1.  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) has been stored in packages or bales under shelter on 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 the declaration creating that that protection zone has been amended in accordance with regulation 34 so that the protection zone becomes part of a surveillance zone).

Commencement Information

I92 Sch. 6 Pt. II para. 1 in operation at 23.2.2006, see reg. 1

PART III N.I. FRESH MEAT

De-boning N.I.

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

Commencement Information

I93 Sch. 6 Pt. III para. 1 in operation at 23.2.2006, see reg. 1

Maturation N.I.

2.  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 Longissimus dorsi recorded at less than 6.0.

Commencement Information

I94 Sch. 6 Pt. III para. 2 in operation at 23.2.2006, see reg. 1

PART IV N.I. MILK AND MILK PRODUCTS

Milk and milk products for human consumption N.I.

3.—(1) Milk and milk products for human consumption that have been subjected to one of the following treatments—

(a) sterilisation at a level of at least F_O3;

(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 produced from milk which has been subjected to one of the treatments in sub-paragraph (1).

Commencement Information

I95 Sch. 6 Pt. IV para. 3 in operation at 23.2.2006, see reg. 1

Milk and milk products not intended for human consumption N.I.

4.—(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 F_O3; or

(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; or

(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 not for human consumption (other than whey intended for susceptible animals) fall within this paragraph if they are produced from milk which has been subjected to 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.

Commencement Information

I96 Sch. 6 Pt. IV para. 4 in operation at 23.2.2006, see reg. 1

Regulations 36 and 39(2)

SCHEDULE 7 N.I. MEASURES APPLICABLE IN RESPECT OF A RESTRICTED ZONE

Movement of a susceptible animal in a restricted zone N.I.

1.—(1) Subject to sub-paragraph (3) a person shall not 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 the Department.

(2) The person in charge of any vehicle used to move a susceptible animal under such a licence shall ensure that it is cleansed and disinfected in accordance with regulation 42.

(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.

Commencement Information

I97 Sch. 7 para. 1 in operation at 23.2.2006, see reg. 1

Slaughter of a susceptible animal in a restricted zone N.I.

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

Commencement Information

I98 Sch. 7 para. 2 in operation at 23.2.2006, see reg. 1

Control of products from slaughterhouses in a restricted zone N.I.

3.—(1) A person shall not move any carcase or animal product (unless intended for human consumption) or any manure, slurry or used 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 shall include a condition prohibiting any intermediate movement to any premises keeping a susceptible animal).

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

(a) do so in a covered 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 the premises to which any carcase or animal product is moved under this paragraph shall ensure that it is not brought into contact with, or fed to, any susceptible animal.

Commencement Information

I99 Sch. 7 para. 3 in operation at 23.2.2006, see reg. 1

Control of carcases in a restricted zone N.I.

4.—(1) A person shall not 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 having contracted Bovine Spongiform Encephalopathy or Scrapie destined 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 shall not be considered to have been slaughtered for human consumption.

Commencement Information

I100 Sch. 7 para. 4 in operation at 23.2.2006, see reg. 1

Straying of a susceptible animal in a restricted zone N.I.

5.—(1) The keeper of a susceptible animal in a restricted zone shall 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.

Commencement Information

I101 Sch. 7 para. 5 in operation at 23.2.2006, see reg. 1

Control of animal gatherings and gatherings of people in a restricted zone N.I.

6.—(1) Subject to sub-paragraphs (5) and (6) a person shall not—

(a) hold an animal gathering which includes a susceptible animal in a restricted zone; or

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

except under the authority of a licence granted by the Department.

(2) Subject to sub-paragraph (4) a person shall not hold or take part in the following activities in a restricted zone—

(a) hunting including hunting any drag or other trail;

(b) stalking;

(c) horse racing and jumping competitions;

(d) polo;

(e) pigeon racing; and

(f) the racing or coursing or the training for racing or coursing of any dogs or hounds and the pursuit of game and rabbits.

(3) Subject to sub-paragraph (4) and (5), a person shall not shoot deer except under the authority of a licence granted by the Department.

(4) The occupier of land, members of his household, persons employed by him as beaters and any member of a shooting party of not more than three persons authorised by him may shoot deer found on that land.

(5) Sub-paragraph (1) shall not be deemed to prohibit the racing or the training for racing of greyhounds on a licensed greyhound racing track in a restricted area.

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

Commencement Information

I102 Sch. 7 para. 6 in operation at 23.2.2006, see reg. 1

Shearing or dipping of sheep in a restricted zone N.I.

7.—(1) Subject to sub-paragraph (2) and (4), a person shall not—

(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) shall not apply to the occupier of any premises or his employees (other than a person employed by him 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.

Commencement Information

I103 Sch. 7 para. 7 in operation at 23.2.2006, see reg. 1

Ultrasound scanning of sheep in a restricted zone N.I.

8.—(1) Subject to sub-paragraph (2) and (3), a person shall not 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) shall not apply to the occupier of any premises or his 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.

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

Commencement Information

I104 Sch. 7 para. 8 in operation at 23.2.2006, see reg. 1

Cleansing and disinfection of slaughterhouses in a restricted zone N.I.

9.  The occupier of any collecting centre or slaughterhouse in a restricted zone shall 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 a susceptible animal, fodder, used litter or other thing liable to spread disease is moved there again.

Commencement Information

I105 Sch. 7 para. 9 in operation at 23.2.2006, see reg. 1

Regulations 38(1) and 54

SCHEDULE 8 N.I. MEASURES APPLICABLE IN RESPECT OF A WILD ANIMAL INFECTED ZONE

Notification of a dead wild susceptible animal in a wild animal infected zone N.I.

10.  Any person who kills a wild susceptible animal or finds such an animal dead in a wild animal infected zone shall notify a Divisional Veterinary Officer of that fact.

Commencement Information

I106 Sch. 8 para. 10 in operation at 23.2.2006, see reg. 1

Record keeping in a wild animal infected zone N.I.

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

Commencement Information

I107 Sch. 8 para. 11 in operation at 23.2.2006, see reg. 1

Isolation of a susceptible animal in a wild animal infected zone N.I.

12.  The occupier of any premises in a wild animal infected zone where a susceptible animal is kept shall ensure that—

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

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

Commencement Information

I108 Sch. 8 para. 12 in operation at 23.2.2006, see reg. 1

Movement of a susceptible animal in a wild animal infected zone N.I.

13.  A person shall not move a susceptible animal from or to premises in a wild animal infected zone except under the authority of a licence granted by the Department.

Commencement Information

I109 Sch. 8 para. 13 in operation at 23.2.2006, see reg. 1

Cleansing and disinfection in a wild animal infected zone N.I.

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

(2) Any person coming into contact with a wild susceptible animal shall cleanse and disinfect himself and launder his clothing after such contact in accordance with the directions of the Department.

Commencement Information

I110 Sch. 8 para. 14 in operation at 23.2.2006, see reg. 1

Carcases and things which may be contaminated in a wild animal infected zone N.I.

15.  A person shall not bring the following on to a holding in a wild animal infected zone where a susceptible animal is kept—

(a) any carcase of a wild animal;

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

Commencement Information

I111 Sch. 8 para. 15 in operation at 23.2.2006, see reg. 1

Movement of semen, ova and embryos out of a wild animal infected zone for trade N.I.

16.  A person shall not move any semen, embryo or ovum of a susceptible animal out of a wild animal infected zone for the purpose of trade with [F10 a] member State, Norway, Iceland or Liechtenstein.

Textual Amendments

F10 Word in Sch. 8 para. 16 substituted (31.12.2020) by The Exotic Disease (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/111), regs. 1(1), 4(3); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I112 Sch. 8 para. 16 in operation at 23.2.2006, see reg. 1

Regulation 62

SCHEDULE 9 N.I. REVOCATIONS

Commencement Information

I113 Sch. 9 in operation at 23.2.2006, see reg. 1

Number	Title	Extent
S.R. & O. (N.I.) 1962 No 209	Foot and Mouth Disease Order (NI)	The whole Order
S.R. & O. (N.I.) 1968 No 14	Foot and Mouth Disease (Revocation and Amendment) Order (NI)	The whole Order
S.R. & O. (N.I.) 1968 No 29	Foot and Mouth Disease (Importation ) No.2 (Revocation) Order (NI)	The whole Order
S.R. & O. (N.I.) 1968 No 34	Foot and Mouth Disease (Importation ) No.6 and 7 Orders (Amendment and Revocation) (NI)	The whole Order
S.R. 2001 No. 82	Foot and Mouth Disease (Amendment) Order (NI)	The whole Order
S.R. 2001 No. 83	Foot and Mouth Disease (Infected area) Order (NI)	The whole Order
S.R. 2001 No. 239	Import and Export Restrictions (Foot and Mouth Disease) No.2 (Revocation) Regulations (N.I.)	The complete Regulations
S.R. 2002 No. 44	Foot and Mouth Disease (Controlled Area) Order (NI)	The whole Order

(1)

S.I. 1983 No. 764 (N.I. 8)

(2)

S.R. 1999 No. 434