The Transport of Animals and Poultry (Cleansing and Disinfection) Order (Northern Ireland) 2007

Statutory Rules of Northern Ireland

2007 No. 279

ANIMALS

The Transport of Animals and Poultry (Cleansing and Disinfection) Order (Northern Ireland) 2007

Made

4th May 2007

Coming into operation

28th May 2007

The Department of Agriculture and Rural Development(1) makes the following Order in exercise of the powers conferred by Articles 2(3), 5(1), 19 and 60(1) of the Diseases of Animals (Northern Ireland) Order 1981(2):

Citation, commencement and extension of definitions

1.—(1) This Order may be cited as the Transport of Animals and Poultry (Cleansing and Disinfection) Order (Northern Ireland) 2007 and shall come into operation on 28th May 2007.

(2) For the purposes of the Diseases of Animals (Northern Ireland) Order 1981 in its application to this Order—

(a) the definitions of animals and poultry specified in Parts I and II of Schedule 1 to the Diseases of Animals (Northern Ireland) Order 1981 are extended so as to comprise all mammals except man and all birds; and

(b) the list of diseases specified in Parts III and IV of that Schedule are extended so as to comprise all diseases of animals and poultry.

Interpretation

2.—(1) In this Order—

“animal” includes bird;

“approved disinfectant” means a disinfectant approved for the time being by the Department under the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972(3);

“equipment” means any equipment carried with a means of transport for use with animals;

“market” includes a market place, fairground, sale-yard and any other place where animals or poultry are exposed for sale together with any lair adjoining or used in connection with the market; and

“means of transport” includes its fittings, its detachable parts and any containers (whether detachable or not) used with it.

(2) Any notice served under this Order shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by a further notice in writing at any time.

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

Cleansing and disinfection in relation to the transport of hoofed animals and poultry

3.—(1) This Article shall apply in relation to the transport of––

(a) hoofed animals, other than horses;

(b) racing pigeons; and

(c) domestic fowls, turkeys, geese, ducks, guinea-fowls, quails, pigeons, pheasants, partridges and ratites, if they are reared or kept in captivity for breeding, the production of meat or eggs for consumption or for restocking supplies of game,

and references in this Article to “animal” shall be read accordingly.

(2) This Article shall not apply in the circumstances set out in Schedule 2.

(3) The user of any means of transport which has been used to transport any animal, or anything which may give rise to a risk of transmission of disease, shall, as soon as reasonably practicable and not more than 24 hours after the journey is completed, ensure that it and any equipment are cleansed and disinfected in accordance with Schedule 1 or (in the case of a container) destroyed.

(4) A person shall not use, or cause or permit the use of, any means of transport to transport any animal unless the means of transport and any equipment have been cleansed and disinfected in accordance with Schedule 1 since they were last used to transport any animal, or anything which may give rise to a risk of transmission of disease.

(5) Without prejudice to the provisions of paragraph (4), if a means of transport or any equipment has become soiled so that it may give rise to a risk of transmission of disease since last being cleansed and disinfected in accordance with the provisions of paragraph (4), a person shall not load, or cause or permit to be loaded, any animal into the means of transport unless the soiled parts of the means of transport or the equipment have been cleansed and disinfected again in accordance with paragraphs 1, 3 and 4 of Schedule 1.

(6) The 24 hour period specified in paragraph (3) shall commence when the last animal in a consignment, or anything which may give rise to a transmission of disease, whichever is the later, has been unloaded from the means of transport.

Cleansing and disinfection in relation to the transport of horses

4.—(1) Any person transporting, or causing or permitting the transport of horses shall ensure that—

(a) they are loaded on to a means of transport which has been cleansed and, where necessary, disinfected; and

(b) any horses that die during transport, and any soiled litter and excreta are removed as soon as practicable.

(2) A person shall not use, or cause or permit the use of, any means of transport to transport any animal to which Article 3 applies unless the means of transport and any equipment have been cleansed and disinfected in accordance with Schedule 1 since they were last used to transport a horse.

(3) Cleansing and disinfection under this Article shall be carried out in accordance with paragraphs 1, 3 and 4 of Schedule 1.

(4) This Article shall not apply in the circumstances set out in Schedule 2.

Drivers’ cabs

5.  Nothing in this Order shall require the use of disinfectant inside the driver’s cab of any means of transport.

Disposal of material after cleansing

6.—(1) The person responsible for cleansing the means of transport and any equipment under this Order shall ensure that all feedingstuffs to which animals have had access, litter, excreta and other material of animal origin, and other contaminants removed from the means of transport are—

(a) destroyed;

(b) treated so as to remove the risk of transmission of disease; or

(c) disposed of so that animals have no access to it.

(2) This Article shall not apply to any material required to be disposed of under the Animal By-Products Regulations (Northern Ireland) 2003(5).

Powers of inspectors, etc.

7.—(1) Where an inspector is satisfied that a means of transport or any equipment either—

(a) has not been cleansed and disinfected in accordance with this Order; or

(b) needs to be cleansed and disinfected because it may give rise to a risk of transmission of disease,

he may serve a notice on any person appearing to him to be in charge of that means of transport or equipment.

(2) A notice served under paragraph (1) may—

(a) prohibit the use of the means of transport or the equipment until it has been cleansed and disinfected;

(b) prohibit the keeping of animals on the means of transport until it has been cleansed and disinfected;

(c) require the person on whom the notice is served to cleanse and disinfect the means of transport or the equipment within any period specified in the notice; or

(d) require the person on whom the notice is served to dispose of all feedingstuffs to which animals have had access, litter, excreta, other material of animal origin and other contaminants in the way set out in the notice.

(3) Where a notice is served under paragraph (1), the cleansing and disinfection shall be carried out in accordance with Schedule 1 unless the notice specifies a different method of cleansing and disinfection.

(4) An inspector may serve a notice on any person who is required to carry out cleansing and disinfection in accordance with Articles 3 or 4 requiring him to carry out the cleansing and disinfection as specified in the notice instead of in accordance with the Schedule if he is satisfied that this is necessary for animal health purposes.

(5) Where a person fails to comply with a notice served under this Article, an inspector may, without prejudice to any proceedings for an offence arising out of the default, arrange for the provisions of the notice to be complied with.

Revocation and saving

8.—(1) The Transport of Animals and Poultry (Cleansing and Disinfection) Order (Northern Ireland) 2000 is hereby revoked(6).

(2) Nothing in this Order shall affect the operation of any other Order, made under the Diseases of Animals (Northern Ireland) Order 1981, requiring the cleansing and disinfection of vehicles for the purposes of that Order.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 4th May 2007

E. Redmond

A senior officer of the Department of Agriculture and Rural Development

Articles 3, 4 and 7(3)

SCHEDULE 1 CLEANSING AND DISINFECTION OF MEANS OF TRANSPORT

Level of cleansing and disinfection

1.  All cleansing and disinfection shall be carried out so as to reduce so far as reasonably practical the risk of transmission of disease.

Parts of the means of transport required to be cleansed

2.—(1) In the case of animals not transported in a container—

(a) the following shall be cleansed whether or not they are soiled

(i) all the inside surfaces of those parts of the means of transport in which the animals are transported, and

(ii) all parts of the means of transport to which animals may have had access during the journey, and

(b) the following shall be cleansed if they are soiled—

(i) any detachable fittings not used during the journey,

(ii) any other part of the means of transport, and

(iii) any equipment.

(2) In the case of animals transported in a container, the interior of the container shall be cleansed whether or not it is soiled, and the exterior of the container and any parts of the means of transport carrying the container shall be cleansed if they are soiled.

(3) The wheels, mudguards and wheel arches of the means of transport shall be cleansed whether or not they are soiled and whether or not the animals were transported in a container.

(4) For the purposes of Article 3, every part of a means of transport required to be cleansed shall also be disinfected.

Method of cleansing

3.  Cleansing shall be by removing any feedingstuffs to which the animals have had access, litter, excreta and other material of animal origin, mud and other contaminants using any appropriate means, and then cleansing with water, steam or where appropriate chemicals or chemical compounds (or, if necessary, any combination of these) until free of dirt.

Disinfection after cleansing

4.  Everything required to be cleansed under this Order shall be disinfected after cleansing has been completed, using an approved disinfectant at the concentration specified by the manufacturer.

Article 3(2) and 4(4)

SCHEDULE 2 CIRCUMSTANCES IN WHICH ARTICLES 3 AND 4 SHALL NOT APPLY

Journey made within a single farming enterprise

1.  The transport of animals within a single farming enterprise in one ownership.

Journeys between the same two points

2.—(1) The transport of animals—

(a) between the same two points;

(b) over the course of a single day; and

(c) in a means of transport used exclusively for that purpose

if Article 3 is complied with in relation to the first and last journeys of the day.

(2) In this paragraph, the transport of animals takes place over the course of a single day even if—

(a) the last journey is begun but not completed before midnight on the day in question; and

(b) in the case of a hoofed animal which has been participating in an event taking place during, or continuing into, the evening of the day in question, the last journey begins as soon as practicable after the end of that event, whether or not it begins before midnight.

(3) This paragraph shall not apply to journeys between markets.

Transport of certain horses

3.  The transport of—

(a) horses used for recreational or sporting purposes only; or

(b) horses kept at racing stables to or from race meetings, or to or from a place at which horses kept at such stables undergo training for racing

if Article 4 is complied with in relation to the first and last journeys of the day.

Journeys to or from livestock or horse shows not in the course of a single day

4.  The transport of animals from their premises of origin to a livestock or horse show and back, in circumstances other than those set out in paragraph 2, if—

(a) the means of transport used to transport those animals goes directly from the premises of origin to the show and does not leave the show before the return journey;

(b) the only animals on the means of transport while it is at the show are animals that it transported to the show;

(c) the means of transport is only used to transport on the return journey animals that were transported in it to the show; and

(d) the means of transport is returned from the show directly to the premises of origin.

Temporary unloading

5.  Where animals have been unloaded from a means of transport solely to be fed or watered, or for some other temporary purpose, and then reloaded.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and replaces the Transport of Animals and Poultry (Cleansing and Disinfection) Order (Northern Ireland) 2000. It changes the provisions of that Order as follows.

It provides specific cleansing and disinfection requirements for the transport of horses (Article 4);

Articles 3 and 4 provide for the cleansing and disinfection (in accordance with the Schedules) of means of transport before and after carrying specified animals.

Article 3(6) defines when the 24 hour period specified in Article 3(3) shall commence.

Article 6 specifies how the material removed from the means of transport must be disposed of after cleansing.

Under Article 7, an inspector is empowered, in the circumstances set out in that Article, to serve a notice requiring the means of transport to be cleansed and disinfected.

The Order provides for the cleansing and disinfection of the wheels, mudguards and wheel arches of a means of transport (paragraph 2(3) of Schedule 1).

Schedule 2 specifies the circumstances under which the cleansing and disinfection requirements of Articles 3 and 4 do not apply to certain journeys made within a single farming enterprise, between the same two points, the transport of certain horses and journeys to and from livestock or horse shows.

(1)

Formerly the Department of Agriculture for Northern Ireland see the Departments Order 1999 S.I. 1999/283 (N.I. 1) Article3 (4)

(2)

S.I. 1981/1115 (N.I. 22) as amended by S.I. 1984/702 (N.I. 2) Article 17 and S.I. 1994/1891 (N.I. 6) Arts. 19, 22, 23(1) and (2), 24(1) and Schedule

(3)

S.R. & O. (N.I.) 1972 No 16 as amended by S.R. 1975 No.69, S.R. 1995 No. 467 and S.R. 2006 No. 42

(4)

1954 c.33 (N.I.)

(5)

S.R. 2003 No. 495

(6)

S.R. 2000 No. 293