The Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007

Interpretation

2.—(1) In these Regulations—

“avian influenza” means an infection of birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;

“the Avian Influenza Regulations” means the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007(1);

“bird by-product” means entire bodies or parts of birds or products of avian origin, not intended for human consumption, included in Articles 4, 5 and 6 of Regulation (EC) No. 1774/2002;

“controlled meat” means any fresh meat, minced meat, meat preparation, mechanically separated meat or meat product which has not undergone a heat treatment at a minimum temperature of 70°C (which must be reached throughout the meat) derived from poultry or wild game birds originating from within a wild bird control area;

“day-old chicks” means poultry less than 72 hours old which have not yet fed and muscovy ducks (Cairina moschata) and their crosses less than 72 hours old, whether or not fed;

“the Department” means the Department of Agriculture and Rural Development;

“designated” means designated in accordance with regulation 13 and “undesignated” is construed accordingly;

“fresh meat” means meat that has not undergone any preserving process other than chilling, freezing or quick-freezing, including meat that is vacuum wrapped or wrapped in a controlled atmosphere;

“hatching egg” means an egg for incubation laid by any poultry;

“H5N1” means the highly pathogenic avian influenza virus of the H5 subtype and the neuraminidase N1;

“inspector” means a person appointed by the Department to be an inspector for the purposes of these Regulations and includes a veterinary inspector;

“keeper” means any person responsible for birds or animals, whether on a permanent or temporary basis, but does not include a person responsible for them solely because he is transporting them;

“meat preparation” means fresh meat, including meat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat and thus to eliminate the characteristics of fresh meat;

“meat product” means a processed product resulting from the processing of meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat;

“mechanically separated meat” means the product obtained by removing meat from flesh-bearing bones after boning, using mechanical means resulting in the loss or modification of the muscle fibre structure;

“minced meat” means boned fresh meat that has been minced into fragments and contains less than 1% salt;

“the 1981 Order” means the Diseases of Animals (Northern Ireland) Order 1981;

“other captive bird” means a bird kept in captivity which is not poultry and includes a bird kept for shows, races, exhibitions or competitions, breeding, or sale but excludes—

(a)

pet animals of the bird species as referred to in Article 3(a) of Regulation (EC) No 998/2003;

(b)

birds for zoos, circuses, amusement parks and experimental laboratories and sentinel birds placed by the competent authority in the frame of surveillance and research activities;

“outbreak point” has the meaning given by regulation 6(1);

“poultry” means all birds reared or kept in captivity for—

(a)

the production of meat or eggs for consumption,

(b)

the production of other products,

(c)

restocking supplies of game birds, or

(d)

the purposes of any breeding programme for the production of these categories of birds;

“premises” includes any land, building or other place;

“processed fresh meat” means any minced meat, meat preparation or mechanically separated meat;

“Regulation (EC) No. 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin as amended(2);

“Regulation (EC) No. 1774/2002” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption, as last amended by Commission Regulation (EC) No 2007/2006(3);

“slaughterhouse” means a premises used for slaughtering poultry, the meat of which is intended for human consumption;

“vehicle” includes—

(a)

a trailer, semi-trailer or other thing which is designed or adapted to be towed by another vehicle,

(b)

a detachable part of a vehicle,

(c)

a container or other structure designed or adapted to be carried by or on a vehicle;

“wild bird” means a bird that is not poultry or any other captive bird;

“wild bird control area” means a wild bird control area declared under regulation 5(2) or 5(3);

“wild bird monitoring area” means a wild bird monitoring area declared under regulation 5(2) or 5(3);

“wild game bird” means a bird which lives freely in the wild and is hunted for human consumption.

(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(1)

S.R. 2007 No. 68

(2)

O.J. No. L 139, 30.4.2004, p. 55, as last amended by O.J. No. L 320, 18.11.2006, p. 1

(3)

O.J. No. L 273, 10.10.2002, p1. as last amended by O.J. No. L 379, 28.12.2006, p98 and corrected by a corrigendum (O.J. No. L 30, 3.2.2007, p 3)

(4)

1954 c. 33 (N.I.)