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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Regulation 8(1)
1.—(1) A person may not move poultry or other captive birds from premises in a wild bird control area except under the authority of and in accordance with the conditions of a licence granted by the Department.
(2) The Department may not grant a licence for a movement under sub-paragraph (1) unless it is for a movement of—
(a)poultry to any premises under official control in the wild bird control area or the wild bird monitoring area centred on the same outbreak point;
(b)ready-to-lay pullets or turkeys for fattening to premises in the United Kingdom;
(c)poultry to a designated slaughterhouse for slaughter;
(d)day-old chicks hatched from eggs collected within the wild bird control area to premises in the United Kingdom which are subject to the following conditions—
(i)appropriate biosecurity measures are applied during transport and at the holding of destination,
(ii)the holding of destination is placed under official surveillance following the arrival of day-old-chicks;
(e)day-old chicks hatched from eggs collected within the wild bird monitoring area centred on the same outbreak point as that control area to designated premises in the United Kingdom;
(f)day-old chicks hatched from eggs collected outside the wild bird control area or outside the wild bird monitoring area centred on the same outbreak point, to any designated premises.
(3) Sub-paragraphs (2)(d),(e) or (f) apply to the movement of day-old chicks from a hatchery in a wild bird control area whether or not those day-old chicks are hatched from eggs originating in the area in question.
(4) The Department may not grant a licence under sub-paragraph (2)(f) unless it is satisfied that there was no contact, at the hatchery from which the day-old chicks are being moved, between the eggs from which the day old chicks were hatched and any other hatching eggs or day-old chicks originating from poultry within the wild bird control area or wild bird monitoring area.
Commencement Information
I1Sch. 1 Pt. 1 para. 1 in operation at 24.3.2007, see reg. 1
2. If the Department grants a licence for a movement of—
(a)ready to lay pullets or turkeys for fattening under paragraph 1(2)(b); or
(b)day-old chicks to premises under paragraph 1(2)(d) outside the wild bird control area or the wild bird monitoring area centred on the same outbreak point,
the occupier of the premises to which they are moved must ensure that neither they nor any other poultry are moved off the premises for 21 days from the date when those ready to lay pullets, turkeys or day-old chicks arrived.
Commencement Information
I2Sch. 1 Pt. 1 para. 2 in operation at 24.3.2007, see reg. 1
3.—(1) The occupier of a slaughterhouse to which poultry are moved in accordance with paragraph 1(2)(a) or 1(2)(c) must ensure that the poultry are slaughtered without delay.
(2) The occupier of a slaughterhouse which produces—
(a)fresh meat from poultry referred to in Part III paragraph 1(2)(c) which requires a licence for transport out of the wild bird control area to other parts of the United Kingdom under Part III paragraph 1; or
(b)fresh meat from such poultry for processing into processed fresh meat requiring such a licence or for incorporation into meat products requiring such a licence,
must ensure that the conditions in sub-paragraph (3) are fulfilled.
(3) The conditions are—
(a)poultry from premises in a wild bird control area must be kept separate from poultry from outside the wild bird control area;
(b)the poultry from within the area must be slaughtered separately or at different times from poultry from outside the area; and
(c)the part of the slaughterhouse, any equipment and any other thing which has been used for the slaughter or subsequent processing of poultry from within the area must be cleansed and disinfected in accordance with the instructions of an inspector before poultry from outside the wild bird control area are slaughtered in that part of the slaughterhouse, using that equipment or other thing.
Commencement Information
I3Sch. 1 Pt. 1 para. 3 in operation at 24.3.2007, see reg. 1
4.—(1) A person shall not move poultry or other captive birds through a wild bird control area unless the movement is straight through the area on a major highway or railway.
(2) In this paragraph a movement “straight through” a wild bird control area means a movement into that area and then out of that area without stopping or unloading.
Commencement Information
I4Sch. 1 Pt. 1 para. 4 in operation at 24.3.2007, see reg. 1
1.—(1) A person shall not move any hatching egg which was collected from premises within a wild bird control area from premises in that area except under the authority of and in accordance with the conditions of a licence granted by the Department.
(2) The Department may not grant a licence under sub-paragraph (1), unless it is for the movement of hatching eggs—
(a)to a designated hatchery in accordance with sub-paragraph (3);
(b)to a designated laboratory, institute or vaccine manufacturer for scientific, diagnostic or pharmaceutical uses;
(c)to an establishment for the manufacture of egg products as set out in Chapter II of Section X of Annex III to Regulations (EC) No. 853/2004(1);
(d)for disposal.
(3) The Department may not grant a licence for a movement to an undesignated hatchery in accordance with sub-paragraph (2)(a) unless—
(a)poultry on the premises from which the hatching egg is being moved have tested negative in a serological survey for avian influenza capable of detecting 5% prevalence of the disease with at least a 95% level of confidence, carried out to the satisfaction of the Department;
(b)the eggs and their packaging are disinfected before dispatch;
(c)the tracing back of the eggs can be ensured; and
(d)the eggs are transported in sealed vehicles.
Commencement Information
I5Sch. 1 Pt. 2 para. 1 in operation at 24.3.2007, see reg. 1
2.—(1) A person may not move a SPF-egg collected from premises in a wild bird control area from premises in that area except to a designated laboratory, institute or vaccine manufacturer for scientific, diagnostic or pharmaceutical uses except under the authority of and in accordance with the conditions of a licence.
(2) In sub-paragraph (1), “SPF-egg” means a hatching egg for use for diagnostic procedures in laboratories for the production and testing of vaccines and for research or pharmaceutical purposes.
Commencement Information
I6Sch. 1 Pt. 2 para. 2 in operation at 24.3.2007, see reg. 1
3. The occupier of an undesignated hatchery to which hatching eggs are moved in accordance with paragraph 1(2)(a)must—
(a)ensure that trolleys and packaging trays used to transport hatching eggs to or from the hatchery are cleansed and disinfected before they leave the hatchery or are re-used; and
(b)keep a record of any cleaning and disinfection carried out under sub-paragraph (a).
Commencement Information
I7Sch. 1 Pt. 2 para. 3 in operation at 24.3.2007, see reg. 1
4.—(1) A person moving hatching eggs out of the wild bird control area under paragraph 1(1) must ensure that those eggs do not come into contact with hatching eggs collected from premises outside that area.
(2) The occupier of an undesignated hatchery to which hatching eggs are moved in accordance with paragraph 1(2)(a) must ensure that those eggs do not come into contact with hatching eggs collected from premises outside the wild bird control area.
Commencement Information
I8Sch. 1 Pt. 2 para. 4 in operation at 24.3.2007, see reg. 1
1.—(1) A person shall not move controlled meat out of a wild bird control area except under the authority of and in accordance with the conditions of a licence granted by the Department.
(2) The Department may not grant a licence under sub-paragraph (1) unless it is for the movement of—
(a)fresh meat from poultry produced in accordance with Annex II and Sections II and III of Annex III to Regulation (EC) No. 853/2004 and subject to the official controls set out in [F1Article 18 of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products];
(b)processed fresh meat or meat products produced from the fresh meat referred to in paragraph (a) in accordance with Sections V and VI of Annex III to Regulation (EC) No. 853/2004;
(c)fresh meat from poultry, processed fresh meat from poultry or meat products from such fresh meat or processed fresh meat, other than the fresh meat, processed fresh meat and meat products referred to in sub-paragraphs (2)(a) and (b) to other parts of United Kingdom, provided—
(i)the meat or product is identified with the national mark described in paragraph 2(1) or with the mark described in paragraph 2(2); and
(ii)he is satisfied that the meat or product meets the conditions set out in paragraph 3;
(d)fresh meat or processed fresh meat produced from poultry or wild game birds originating from an area which subsequent to such production is declared a wild bird control area, provided such meat has been obtained, cut and stored separately from poultry or wild game bird meat produced after the date when the control area is established;
(e)meat products containing the meat referred to in paragraph (d) produced in establishments within the wild bird control area.
(3) A person other than the final consumer of meat marked with a mark referred to in sub-paragraph (2)(c) shall not deface, obliterate or remove that mark, unless licenced by the Department.
Textual Amendments
F1Words in Sch. 1 Pt. III para. 1(2)(a) substituted (14.12.2019) by virtue of The Official Controls (Animals, Feed and Food) Regulations (Northern Ireland) 2019 (S.R. 2019/227), regs. 1, 18(3)
Commencement Information
I9Sch. 1 Pt. 3 para. 1 in operation at 24.3.2007, see reg. 1
F22.—(1) The national mark referred to in paragraph 1(2)(c)(i) must—
(a)be square;
(b)be clear and visible; and
(c)contain in legible form, the following—
(i)on the upper part, the letters “[F3UK(NI)]”;
(ii)in the centre, the slaughterhouse approval number;
F4(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The other identification mark referred to in paragraph 1(2)(c)(i) must be—
(a)the shape set out below;
(b)of the dimensions referred to below or of proportionate dimensions; and
(c)legible to the naked eye.
(a)[F5UK(NI)] – letters 8 mm high;
(b)XXXX (where XXXX is the approval number of the premises, as referred to in point 7 of Part B of Section I of Annex II to Regulation (EC) No 853/2004) – numbers 11 mm high;
(c)diameter (to outer edge of border) – not less than 30mm;
(d)thickness of border – 3 mm.
Textual Amendments
F2Sch. 1 Pt. III para. 2: in the identification mark “UK(NI)” substituted for “UK” (31.12.2020) by The Animals (Health, Identification, Trade and Veterinary Medicines) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/353), regs. 1(3), 3(c)
F3Word in Sch. 1 Pt. III para. 2(1)(c)(i) substituted (31.12.2020) by The Animals (Health, Identification, Trade and Veterinary Medicines) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/353), regs. 1(3), 3(a)
F4Sch. 1 Pt. III para. 2(1)(c)(iii) omitted (31.12.2020) by virtue of The Animals (Health, Identification, Trade and Veterinary Medicines) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/353), regs. 1(3), 3(b)
F5Word in Sch. 1 Pt. III para. 2 substituted (31.12.2020) by The Animals (Health, Identification, Trade and Veterinary Medicines) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/353), regs. 1(3), 3(c)
Commencement Information
I10Sch. 1 Pt. 3 para. 2 in operation at 24.3.2007, see reg. 1
3. The conditions referred to in paragraph 1(2)(c)(ii) are that the meat (or the meat from which the product was made) was obtained, cut and stored separately from—
(a)controlled meat being moved under paragraphs 1(2)(a), (b) or (d); and
(b)from meat from poultry from outside the wild bird control area.
Commencement Information
I11Sch. 1 Pt. 3 para. 3 in operation at 24.3.2007, see reg. 1
4.—(1) A person moving controlled meat out of the wild bird control area under a licence granted in accordance with paragraph 1(2)(c) must ensure that it does not come into contact with controlled meat being moved under a licence granted in accordance with paragraphs 1(2)(a), (b) or (d) or any meat from poultry from outside that area.
(2) A person receiving controlled meat moved under a licence granted in accordance with paragraph 1(2)(c) must ensure that it is not used in meat products or meat preparations intended for placing on the market outside the United Kingdom unless it or the product or preparation in which it has been used has undergone a heat treatment at a minimum temperature of 70°C, which must be reached throughout the meat.
(3) If controlled meat referred to in paragraphs 1(2)(a), (b) or (d) comes into contact with meat referred to in paragraph 1(2)(c), the person moving such controlled meat must identify it in accordance with paragraph 1(2)(c) as soon as is reasonably practicable and must not transport it to premises outside the United Kingdom.
Commencement Information
I12Sch. 1 Pt. 3 para. 4 in operation at 24.3.2007, see reg. 1
1.—(1) A person may not move from a wild bird control area, a bird by-product derived from poultry, other captive birds or wild game birds originating from within that control area, or a product deriving from such by-products, except under the authority of and in accordance with the conditions of a licence granted by the Department.
[F6(2) The Department may not grant or direct the grant of a licence under sub-paragraph (1) unless it is for a movement of—
(a)processed animal protein within the meaning of paragraph 5 of Annex 1 to Regulation (EU) No. 142/2011 and which complies with the requirements of paragraph B of Section 1 of Chapter II of Annex X to that Regulation;
(b)blood products within the meaning of paragraph 4 of Annex I to Regulation (EU) No. 142/2011 and which comply with the requirements of paragraph B of Section 2 of Chapter II of Annex X to that Regulation;
(c)rendered fats within the meaning of paragraph 8 of Annex I to Regulation (EU) No. 142/2011 and which comply with the requirements of paragraph B of Section 3 of Chapter II of Annex X to that Regulation;
(d)gelatine within the meaning of paragraph 12 of Annex I to Regulation (EU) No. 142/2011 and which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;
(e)hydrolysed protein within the meaning of paragraph 14 of Annex I to Regulation (EU) No. 142/2011 and which complies with the requirements of paragraph B of Section 5 of Chapter II of Annex X to that Regulation;
(f)dicalcium phosphate which complies with the requirements of paragraph B of Section 6 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(g)tricalcium phosphate which complies with the requirements of paragraph B of Section 7 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(h)collagen within the meaning of paragraph 11 of Annex I to Regulation (EU) No. 142/2011 and which complies with the requirements of paragraph B of Section 8 of Chapter II of Annex X to that Regulation;
(i)egg products which comply with the requirements of paragraph B of Section 9 of Chapter II of Annex X to Regulation (EU) No. 142/2011;
(j)processed pet food within the meaning of paragraph 20 of Annex 1 to Regulation (EU) No. 142/2011 and which complies with the requirements of Chapter II of Annex XIII to that Regulation;
(k)raw petfood within the meaning of paragraph 21 of Annex I to Regulation (EU) No. 142/2011 and which complies with Chapter II of Annex XIII;
(l)dogchews within the meaning of paragraph 17 of Annex I to Regulation (EU) No. 142/2011 and which comply with the requirements of Chapter II of Annex XIII to that Regulation;
(m)processed manure and processed manure products which comply with the requirements of Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011;
(n)game trophies having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures within the meaning of Chapter VI of Annex XIII to Regulation (EU) No. 142/2011;
(o)those by-products which are transported to designated plants within [F7regulation] 13(1)(b), processing plants for disposal, treatment, transformation or use which ensures inactivation of the avian influenza virus;
(p)those products which are transported to users or collection centres authorised and registered in accordance with Article 23 of Regulation (EU) No. 142/2011 for the feeding of animals after they have been treated by a method approved by the Department which ensures inactivation of the avian influenza virus;
(q)untreated feathers or parts of untreated feathers produced from poultry within the meaning of paragraph 30 of Annex 1 to Regulation (EU) No. 142/2011 and which comply with the requirements of paragraph A of Chapter VII of Annex XIII to that Regulation;
(r)poultry feathers, feathers from wild game birds or parts of such feathers which have been treated with a steam current or by another method which ensures inactivation of the avian influenza virus.]
(3) The Department may not grant a licence under sub-paragraph (1) for the movement of the by-products listed in sub-paragraph (2)(a) to (i) unless they have also been processed at a processing plant which complies with the requirements of [F8Regulation (EC) No. 1069/2009 and Annex IV to Regulation (EU) No. 142/2011].
(4) The prohibition in sub-paragraph (1) does not apply to a movement permitted under Part V paragraphs 1 or 2.
(5) The bird by-products referred to in sub-paragraph (2)(p) and (q) must be accompanied by the model commercial document in accordance with [F9Chapter III of Annex VIII to Regulation (EU) No. 142/2011].
(6) The commercial document accompanying the bird by-products referred to in sub-paragraph (2)(q) must state, at paragraph 6.1 of that document, that they have been treated with a steam current or with another method to ensure no virus causing avian influenza remains.
(7) Paragraph (5) does not apply to processed decorative feathers or processed feathers carried by travellers for their private use or consignments of processed feathers sent to private individuals for non-industrial purposes.
Textual Amendments
F6Sch. 1 Pt. IV para. 1(2) substituted (19.3.2011) by The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 (S.R. 2011/124), reg. 1, Sch. 2 para. 44(a)
F7Word in Sch. 1 Pt. IV para. 1(2)(o) substituted (11.4.2019) by The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/82), reg. 1, Sch. 3 para. 25
F8Words in Sch. 1 Pt. IV para. 1(3) substituted (19.3.2011) by The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 (S.R. 2011/124), reg. 1, Sch. 2 para. 44(b)
F9Words in Sch. 1 Pt. IV para. 1(5) substituted (19.3.2011) by The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 (S.R. 2011/124), reg. 1, Sch. 2 para. 44(c)
Commencement Information
I13Sch. 1 Pt. 4 para. 1 in operation at 24.3.2007, see reg. 1
1. A person may not move any manure from poultry or other captive birds from premises in a wild bird control area unless—
(a)the movement is to an establishment for treatment in accordance with Regulation (EC) No. [F101069/2009 and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011];
(b)the poultry manure has already been so treated; or
(c)it originates from premises from which poultry have been moved under the authority of and in accordance with the conditions of a licence granted under Part I paragraph 1(2)(a), (b) or (c).
Textual Amendments
F10Words in Sch. 1 Pt. V para. 1(a) substituted (19.3.2011) by The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 (S.R. 2011/124), reg. 1, Sch. 2 para. 44(d)(i)
Commencement Information
I14Sch. 1 Pt. 5 para. 1 in operation at 24.3.2007, see reg. 1
2. A person may not spread any manure from poultry or other captive birds from premises in a wild bird control area unless—
(a)it has been treated in accordance with Regulation (EC) No. [F111069/2009 and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011]; or
(b)it originates from premises from which poultry have been moved under the authority of and in accordance with the conditions of a licence granted under Part I paragraph 1(2)(a), (b) or (c).
Textual Amendments
F11Words in Sch. 1 Pt. V para. 2(a) substituted (19.3.2011) by The Animal By-Products (Enforcement) Regulations (Northern Ireland) 2011 (S.R. 2011/124), reg. 1, Sch. 2 para. 44(d)(ii)
Commencement Information
I15Sch. 1 Pt. 5 para. 2 in operation at 24.3.2007, see reg. 1
3.—(1) A person may not arrange any fair, market, show, exhibition or other gathering involving the collecting together of poultry or other captive birds.
(2) A person may not bring any poultry or other captive birds to such a gathering.
Commencement Information
I16Sch. 1 Pt. 5 para. 3 in operation at 24.3.2007, see reg. 1
4. A person may not hunt wild birds or otherwise take them from the wild in a wild bird control area except under the authority of and in accordance with the conditions of a licence granted by the Department.
Commencement Information
I17Sch. 1 Pt. 5 para. 4 in operation at 24.3.2007, see reg. 1
5. A person may not release game birds in a wild bird control area.
Commencement Information
I18Sch. 1 Pt. 5 para. 5 in operation at 24.3.2007, see reg. 1
1.—(1) A person may not move poultry or other captive birds from premises in a wild bird monitoring area before 15 days have elapsed since the declaration of the area, except under the authority of and in accordance with the conditions of a licence granted by the Department.
(2) The Department may not grant a licence for a movement under paragraph (1) unless it is a movement of—
(a)poultry to a slaughterhouse within the wild bird monitoring area or the wild bird control area centred on the same outbreak point or to a designated slaughterhouse;
(b)poultry to any premises under official control;
(c)day-old chicks hatched from eggs which were collected from a premises within the wild bird monitoring area to premises under official control in Northern Ireland;
(d)day-old chicks hatched from eggs which were collected from a premises within the wild bird control area centred on the same outbreak point as that wild bird monitoring area to premises under official control in Northern Ireland; or
(e)day-old chicks hatched from eggs which were collected from a premises outside the wild bird monitoring area or wild bird control area centred on the same outbreak point to any premises.
(3) Sub-paragraphs (2)(c),(d) or (e) apply to the movement of day-old chicks from a designated hatchery in a wild bird monitoring area whether or not those day-old chicks are hatched from eggs originating in the area in question.
(4) The Department may not grant a licence for a movement under sub-paragraph (2)(e) unless it is satisfied that there was no contact, at the hatchery from which the day-old chicks are being moved, between the eggs from which the day-old chicks were hatched and any other hatching eggs or day-old chicks originating from poultry within the wild bird control area or the wild bird monitoring area.
Commencement Information
I19Sch. 2 para. 1 in operation at 24.3.2007, see reg. 1
2. The occupier of a slaughterhouse to which poultry are moved in accordance with paragraph 1(2)(a) must ensure that the poultry are slaughtered without delay.
Commencement Information
I20Sch. 2 para. 2 in operation at 24.3.2007, see reg. 1
3.—(1) If the Department grants a licence for a movement of day-old chicks under paragraph 1(2)(d) to designated premises outside the wild bird monitoring area, or outside the wild bird control area centred on the same outbreak point, the occupier of the designated premises to which they are moved must ensure that neither they nor any other poultry are moved off the premises for 21 days from the date when those day-old chicks arrived.
Commencement Information
I21Sch. 2 para. 3 in operation at 24.3.2007, see reg. 1
4. A person may not hunt wild birds or otherwise take them from the wild in a wild bird monitoring area except under the authority of and in accordance with the conditions a licence granted by the Department
Commencement Information
I22Sch. 2 para. 4 in operation at 24.3.2007, see reg. 1
5.—(1) A person may not arrange any fair, market, show, exhibition or other gathering involving the collecting together of poultry or other captive birds.
(2) A person may not bring any poultry or other captive birds to such a gathering.
Commencement Information
I23Sch. 2 para. 5 in operation at 24.3.2007, see reg. 1
6. A person may not release game birds in a wild bird monitoring area.
Commencement Information
I24Sch. 2 para. 6 in operation at 24.3.2007, see reg. 1
1. This Schedule applies in respect of premises in the wild bird control area or a wild bird monitoring area where poultry or other captive birds are kept, other than slaughterhouses.N.I.
Commencement Information
I25Sch. 3 para. 1 in operation at 24.3.2007, see reg. 1
2. The occupier must provide and maintain means of disinfection at the entrances and exits of the premises and any buildings on the premises housing poultry or other captive birds.N.I.
Commencement Information
I26Sch. 3 para. 2 in operation at 24.3.2007, see reg. 1
3. A person entering or leaving premises must not wear clothing or footwear which is visibly soiled with mud, droppings, animal or bird faeces or any similar matter.N.I.
Commencement Information
I27Sch. 3 para. 3 in operation at 24.3.2007, see reg. 1
4. A person in charge of any vehicle entering or leaving premises must ensure that—N.I.
(a)its wheels, wheel arches and mudflaps are cleansed and disinfected; and
(b)its outside is not visibly soiled with mud, animal or bird faeces or any similar matter (unless it is carrying poultry).
Commencement Information
I28Sch. 3 para. 4 in operation at 24.3.2007, see reg. 1
O.J. No. L 139, 30.4.2004, p. 55, as last amended by O.J. No. L 320, 18.11.2006, p. 1
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