SCHEDULE 1MEASURES WHERE AVIAN INFLUENZA OR AVIAN INFLUENZA VIRUS IS SUSPECTED ON PREMISES

Regulations 9(1), 10(2),11, 12, 19(2), 27(1), 37,41(4)(1), 45(1), 54(1), 65(1)

Record of poultry, other captive birds and mammalsI11

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

a

alive;

b

which have died;

c

which show clinical signs of avian influenza;

d

he thinks are likely to be infected; and

e

born or hatched.

Annotations:
Commencement Information
I1

Sch. 1 para. 1 in operation at 10.2.2007, see reg. 1

Housing or isolation of poultry and other captive birdsI22

1

The occupier must ensure that poultry and other captive birds are—

a

brought inside a building on the premises; or

b

kept isolated on some other place on the same premises such that they do not have contact with other poultry or other captive birds on other premises (if so directed by an inspector on the basis that housing is impractical or would adversely affect the welfare of the birds to a significant degree).

2

The occupier must take all reasonable steps to minimise contact with wild birds, in accordance with the instructions of an inspector.

Annotations:
Commencement Information
I2

Sch. 1 para. 2 in operation at 10.2.2007, see reg. 1

Prohibition on the movement of poultry and other captive birds to or from the premisesI33

A person shall not move any poultry or other captive birds to or from the premises, except under and in accordance with the conditions of a licence granted by the Department.

Annotations:
Commencement Information
I3

Sch. 1 para. 3 in operation at 10.2.2007, see reg. 1

Prohibition on the removal of other things liable to transmit avian influenzaI44

A person may not remove from the premises any carcase, poultry meat, poultry feed, utensils, material, waste, droppings, poultry or other captive bird manure, slurry, used litter or anything else liable to transmit avian influenza, except under and in accordance with the conditions of a licence granted by the Department.

Annotations:
Commencement Information
I4

Sch. 1 para. 4 in operation at 10.2.2007, see reg. 1

Prohibition on the movement of people, animals and vehicles to or from the premisesI55

1

A person shall not move to or from the premises and shall not move any mammal, vehicle or equipment to or from the premises except under and in accordance with the conditions of a licence granted by the Department.

2

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

a

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

b

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

c

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

Annotations:
Commencement Information
I5

Sch. 1 para. 5 in operation at 10.2.2007, see reg. 1

Restrictions on the movement of eggsI66

A person shall not move any eggs from the premises except, under the authority of and in accordance with the conditions of a licence granted by the Department—

a

directly to an egg processing plant; or

b

for disposal.

Annotations:
Commencement Information
I6

Sch. 1 para. 6 in operation at 10.2.2007, see reg. 1

Conditions for the movement of eggsI77

A person moving eggs under paragraph 6(a) must ensure that—

a

each consignment of eggs is sealed by an inspector, or in accordance with the instructions of an inspector, before dispatch; and

b

vehicles used to transport the eggs to the plant have been cleansed and disinfected before the eggs are loaded;

Annotations:
Commencement Information
I7

Sch. 1 para. 7 in operation at 10.2.2007, see reg. 1

Prohibition on tampering with sealed consignments of eggsI88

A person shall not tamper with a seal attached under paragraph 7 or remove it before the consignment arrives at its destination.

Annotations:
Commencement Information
I8

Sch. 1 para. 8 in operation at 10.2.2007, see reg. 1

Disinfection at entrances and exitsI99

The occupier must, in accordance with the instructions of an inspector, provide and maintain means of disinfection at the entrances and exits of the premises and of buildings housing poultry or other captive birds19.

Annotations:
Commencement Information
I9

Sch. 1 para. 9 in operation at 10.2.2007, see reg. 1

SCHEDULE 2MEASURES ON PREMISES WHERE HIGHLY PATHOGENIC AVIAN INFLUENZA IS CONFIRMED

Regulations 19,27(3) and (4) and 45(2)(1)

Killing and seizureI101

The occupier must give all reasonable assistance to an inspector exercising his duties relating to the killing of poultry and other captive birds under paragraph 11 of Part I of Schedule 2 to the 1981 Order or to the seizure of any thing seized under the 1981 Order.

Annotations:
Commencement Information
I10

Sch. 2 para. 1 in operation at 10.2.2007, see reg. 1

Measures to minimise the risk of spread of avian influenza to wild birdsI112

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

Annotations:
Commencement Information
I11

Sch. 2 para. 2 in operation at 10.2.2007, see reg. 1

Disposal of carcases and eggsI123

The occupier must ensure that all carcases and eggs not seized or disposed of by an inspector are disposed of in accordance with the instructions of an inspector (unless the inspector licences their use for diagnosis of disease).

Annotations:
Commencement Information
I12

Sch. 2 para. 3 in operation at 10.2.2007, see reg. 1

TracingI134

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

Annotations:
Commencement Information
I13

Sch. 2 para. 4 in operation at 10.2.2007, see reg. 1

Cleansing and disinfectionI145

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

Annotations:
Commencement Information
I14

Sch. 2 para. 5 in operation at 10.2.2007, see reg. 1

RestockingI156

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

Annotations:
Commencement Information
I15

Sch. 2 para. 6 in operation at 10.2.2007, see reg. 1

SCHEDULE 3CLEANSING AND DISINFECTION OF PREMISES OTHER THAN A REGULATED PLACE AND OF ANY THING (INCLUDING ANY VEHICLE) ON THOSE PREMISES

Regulations 36, 66, 67(3), and Schedule 2

PART IGENERAL PROCEDURES FOR CLEANSING, DISINFECTION AND TREATMENT

I161

A person carrying out cleansing, disinfection and treatment (including measures to control rodents and insects) must do so in accordance with this Part or (if different) with any instructions given by an inspector.

Annotations:
Commencement Information
I16

Sch. 3 Pt. 1 para. 1 in operation at 10.2.2007, see reg. 1

I172

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

a

the nature of the premises to be cleansed or disinfected;

b

the type of vehicle or other thing to be cleansed or disinfected; and

c

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

Annotations:
Commencement Information
I17

Sch. 3 Pt. 1 para. 2 in operation at 10.2.2007, see reg. 1

I183

A person cleansing and disinfecting must ensure that—

a

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

b

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

c

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

Annotations:
Commencement Information
I18

Sch. 3 Pt. 1 para. 3 in operation at 10.2.2007, see reg. 1

I194

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

Annotations:
Commencement Information
I19

Sch. 3 Pt. 1 para. 4 in operation at 10.2.2007, see reg. 1

I205

A person who has cleansed and disinfected part of a premises must avoid recontaminating that part as he cleanses and disinfects other parts.

Annotations:
Commencement Information
I20

Sch. 3 Pt. 1 para. 5 in operation at 10.2.2007, see reg. 1

I216

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

Annotations:
Commencement Information
I21

Sch. 3 Pt. 1 para. 6 in operation at 10.2.2007, see reg. 1

I227

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

Annotations:
Commencement Information
I22

Sch. 3 Pt. 1 para. 7 in operation at 10.2.2007, see reg. 1

PART IISPECIFIC PROCEDURES FOR THE CLEANSING AND DISINFECTING OF INFECTED PREMISES

Scope of this PartI231

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

Annotations:
Commencement Information
I23

Sch. 3 Pt. 2 para. 1 in operation at 10.2.2007, see reg. 1

Cleansing and disinfection – timingI242

Cleansing and disinfecting must be carried out during and after the killing of poultry or other captive birds and in accordance with the instructions of an inspector.

Annotations:
Commencement Information
I24

Sch. 3 Pt. 2 para. 2 in operation at 10.2.2007, see reg. 1

Cleansing and disinfection precautionsI253

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

a

use appropriate equipment;

b

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

c

take a shower after the cleansing and disinfection;

d

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

e

turn off the power supply to any ventilation system, if required to do so by an inspector.

Annotations:
Commencement Information
I25

Sch. 3 Pt. 2 para. 3 in operation at 10.2.2007, see reg. 1

Preliminary cleansing and disinfectingI264

Following killing—

a

carcases must be sprayed with disinfectant;

b

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

c

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

i

parts where the poultry or other captive birds were housed,

ii

parts contaminated during the killing of the poultry or other captive birds,

iii

parts contaminated during any post-mortem examination;

d

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

e

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

Annotations:
Commencement Information
I26

Sch. 3 Pt. 2 para. 4 in operation at 10.2.2007, see reg. 1

Final cleansing and disinfectingI275

Following preliminary cleansing and disinfection—

a

manure and used bedding must be treated in accordance with Part III of this Schedule; and

b

all surfaces must be subjected to the following procedures—

i

grease and dirt must be removed from them by the application of a degreasing agent,

ii

they must then be cleansed with water,

iii

they must be washed with cold water, following which further disinfectant must be applied, and

iv

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

Annotations:
Commencement Information
I27

Sch. 3 Pt. 2 para. 5 in operation at 10.2.2007, see reg. 1

PART IIIDISINFECTION OF LITTER, MANURE AND SLURRY WHICH MAY BE CONTAMINATED

I281

Manure and used bedding which may be contaminated must be—

a

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

b

destroyed by burning;

c

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

d

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

Annotations:
Commencement Information
I28

Sch. 3 Pt. 3 para. 1 in operation at 10.2.2007, see reg. 1

I292

Slurry which may be contaminated must be stored for at least 60 days after the last addition of infectious material unless, in the case of slurry which has been treated in accordance with the instructions of the Department, a shorter storage period is authorised.

Annotations:
Commencement Information
I29

Sch. 3 Pt. 3 para. 2 in operation at 10.2.2007, see reg. 1

I303

Manure, litter and bedding which may be contaminated may, if licenced by the Department, be moved to—

a

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

b

storage prior to destruction; or

c

such other place as the Department may licence.

Annotations:
Commencement Information
I30

Sch. 3 Pt. 3 para. 3 in operation at 10.2.2007, see reg. 1

I314

The transport of such manure, litter or bedding must be in closed, leak-proof vehicles or containers and in accordance with the instructions of an inspector.

Annotations:
Commencement Information
I31

Sch. 3 Pt. 3 para. 4 in operation at 10.2.2007, see reg. 1

SCHEDULE 4MEASURES IN A PROTECTION ZONE

Regulations 30, 32,33(1), 34(2), 35(1)

Record of visitorsI321

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

a

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

b

the date of the visit; and

c

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

Annotations:
Commencement Information
I32

Sch. 4 para. 1 in operation at 10.2.2007, see reg. 1

Record of poultryI332

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

Annotations:
Commencement Information
I33

Sch. 4 para. 2 in operation at 10.2.2007, see reg. 1

Record of poultry and egg movementsI343

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

Annotations:
Commencement Information
I34

Sch. 4 para. 3 in operation at 10.2.2007, see reg. 1

Poultry movements to be recordedI354

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

a

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

b

in the case of a movement from premises in the zone—

i

the date of the movement off the premises,

ii

the premises of destination, and

iii

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

c

in the case of a movement on to premises in the zone—

i

the date of the movement,

ii

the premises from which the movement originated, and

iii

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

d

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

Annotations:
Commencement Information
I35

Sch. 4 para. 4 in operation at 10.2.2007, see reg. 1

Scope of record keeping dutiesI365

Paragraphs 1 and 3 do not apply in respect of—

a

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

b

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

c

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

i

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

ii

trespassers;

iii

any person executing these Regulations.

Annotations:
Commencement Information
I36

Sch. 4 para. 5 in operation at 10.2.2007, see reg. 1

Isolation of poultry and other captive birdsI376

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

a

housed; or

b

kept isolated on some other place on the same premises such that they do not have contact with other poultry or other captive birds on other premises (if so directed by an inspector on the basis that housing is impractical or would adversely affect the welfare of the birds to a significant degree).

Annotations:
Commencement Information
I37

Sch. 4 para. 6 in operation at 10.2.2007, see reg. 1

Measures where birds not housedI387

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

a

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

b

take all reasonable steps to minimise their contact with wild birds, in accordance with the instructions of an inspector.

Annotations:
Commencement Information
I38

Sch. 4 para. 7 in operation at 10.2.2007, see reg. 1

Restrictions on the movement of poultry, other captive birds and mammals onto or off premisesI398

1

Subject to sub-paragraph (2), a person shall not move poultry, other captive birds or mammals from or to premises in the zone, where poultry or other captive birds are kept, except under and in accordance with the conditions of a licence granted by the Department.

2

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

a

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

b

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

c

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

Annotations:
Commencement Information
I39

Sch. 4 para. 8 in operation at 10.2.2007, see reg. 1

Disposal of carcasesI409

The occupier must ensure that all carcases not seized or disposed of by an inspector are disposed of in accordance with his instructions (unless the Department licences their use for diagnosis of disease).

Annotations:
Commencement Information
I40

Sch. 4 para. 9 in operation at 10.2.2007, see reg. 1

Biosecurity measuresI4110

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

a

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

b

comply with any biosecurity requirements which an inspector, by notice, imposes.

Annotations:
Commencement Information
I41

Sch. 4 para. 10 in operation at 10.2.2007, see reg. 1

Litter, poultry manure and slurryI4211

A person shall not remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry except under and in accordance with the conditions of a licence granted by the Department.

Annotations:
Commencement Information
I42

Sch. 4 para. 11 in operation at 10.2.2007, see reg. 1

Gatherings of poultryI4312

A person shall not permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering in the zone.

Annotations:
Commencement Information
I43

Sch. 4 para. 12 in operation at 10.2.2007, see reg. 1

Release of gameI4413

A person shall not release game birds.

Annotations:
Commencement Information
I44

Sch. 4 para. 13 in operation at 10.2.2007, see reg. 1

Restrictions on the movement of poultry, eggs, poultry meat and carcasesI4514

A person shall not move any poultry, eggs, poultry meat or carcases within or out of the zone unless the movement is—

a

set out in paragraph 16 and is—

i

direct, and

ii

licenced by the Department; or

b

within the same premises.

Annotations:
Commencement Information
I45

Sch. 4 para. 14 in operation at 10.2.2007, see reg. 1

Transport by road and railI4615

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

Annotations:
Commencement Information
I46

Sch. 4 para. 15 in operation at 10.2.2007, see reg. 1

Movements which may be licenced by the DepartmentI4716

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

a

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

b

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

c

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

d

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

e

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

f

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

g

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

h

hatching eggs from the zone—

i

to a designated hatchery, or

ii

to designated premises for use for scientific, diagnostic or pharmaceutical purposes,

provided that, in both cases, the requirements of paragraph 23 are met;

i

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

j

eggs to an egg processing plant;

k

eggs for disposal;

l

carcases for disposal or diagnosis.

Annotations:
Commencement Information
I47

Sch. 4 para. 16 in operation at 10.2.2007, see reg. 1

Requirements for the movement of poultry from premises in the zone to a designated slaughterhouseI4817

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

a

an inspector must have examined poultry at the premises no more than 24 hours before they leave the premises; and

b

the poultry are transported in vehicles sealed by an inspector, or in accordance with the instructions of an inspector.

Annotations:
Commencement Information
I48

Sch. 4 para. 17 in operation at 10.2.2007, see reg. 1

Requirements for the movement of poultry meat from poultry sent to a designated slaughterhouse from premises within the zoneI4918

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

Annotations:
Commencement Information
I49

Sch. 4 para. 18 in operation at 10.2.2007, see reg. 1

Requirements for the movement of poultry to a designated slaughterhouse within the zone from premises outside the zoneI5019

1

Subject to the conditions set out in paragraph (2), poultry from premises outside the zone may be moved to a designated slaughterhouse in the zone.

2

The conditions for the movement of poultry into a zone under (1) are—

a

such poultry shall not come into contact with any poultry originating within the zone; and

b

where contact between poultry occurs, contrary to paragraph (a), the meat of such poultry shall be subject to the requirements of paragraph 18.

Annotations:
Commencement Information
I50

Sch. 4 para. 19 in operation at 10.2.2007, see reg. 1

Requirements for the movement of day-old chicks hatched from eggs produced in the zone or from eggs which had contact with such eggsI5120

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

Annotations:
Commencement Information
I51

Sch. 4 para. 20 in operation at 10.2.2007, see reg. 1

Requirements for the movement of day-old chicks hatched from eggs originating outside the zoneI5221

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

Annotations:
Commencement Information
I52

Sch. 4 para. 21 in operation at 10.2.2007, see reg. 1

Requirements for the movement of ready-to-lay poultryI5322

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

a

poultry and other captive birds at the premises have been examined by an inspector; and

b

the ready-to-lay poultry are transported in vehicles sealed by the inspector, or in accordance with the instructions of an inspector.

Annotations:
Commencement Information
I53

Sch. 4 para. 22 in operation at 10.2.2007, see reg. 1

Requirements for the movement of hatching eggs from the zone to a designated hatchery or to designated premises for use for scientific, diagnostic or pharmaceutical purposesI5423

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

a

an inspector has confirmed that he does not suspect avian influenza in the flocks from which the eggs derive;

b

the eggs and their packaging are disinfected before dispatch; and

c

the eggs are transported in vehicles sealed by an inspector, or in accordance with the instructions of an inspector.

Annotations:
Commencement Information
I54

Sch. 4 para. 23 in operation at 10.2.2007, see reg. 1

Requirements for the movement of eggs to an egg packing centreI5524

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

a

they are packed in disposable packaging; and

b

any person transporting the eggs complies with any biosecurity requirements specified in a notice or licence issued by the Department.

Annotations:
Commencement Information
I55

Sch. 4 para. 24 in operation at 10.2.2007, see reg. 1

Requirements at a slaughterhouseI5625

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

Annotations:
Commencement Information
I56

Sch. 4 para. 25 in operation at 10.2.2007, see reg. 1

Requirements for poultry meat from the zoneI5726

Poultry meat in the zone from poultry originating in the zone is subject to the requirements in regulation 63(2).

Annotations:
Commencement Information
I57

Sch. 4 para. 26 in operation at 10.2.2007, see reg. 1

Requirements for poultry meat from outside the zoneI5827

Poultry meat in the zone from poultry originating outside the zone is subject to the requirements in regulation 63(3)(a) and 63(4).

Annotations:
Commencement Information
I58

Sch. 4 para. 27 in operation at 10.2.2007, see reg. 1

Cleansing and disinfection of vehicles carrying any thing which may be contaminatedI5928

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

Annotations:
Commencement Information
I59

Sch. 4 para. 28 in operation at 10.2.2007, see reg. 1

Cleansing and disinfection of vehiclesI6029

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

Annotations:
Commencement Information
I60

Sch. 4 para. 29 in operation at 10.2.2007, see reg. 1

Access to prohibited placesI6130

A person shall not enter any place which is the subject of a restriction notice under regulation 76 except in accordance with that notice or with regulation 35.

Annotations:
Commencement Information
I61

Sch. 4 para. 30 in operation at 10.2.2007, see reg. 1

SCHEDULE 5MEASURES IN A SURVEILLANCE ZONE

Regulations 31, 32, 33(1),34(2), 35(1)

Record of visitorsI621

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

a

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

b

the date of the visit; and

c

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

Annotations:
Commencement Information
I62

Sch. 5 para. 1 in operation at 10.2.2007, see reg. 1

Record of poultryI632

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

Annotations:
Commencement Information
I63

Sch. 5 para. 2 in operation at 10.2.2007, see reg. 1

Record of poultry movementsI643

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

Annotations:
Commencement Information
I64

Sch. 5 para. 3 in operation at 10.2.2007, see reg. 1

Poultry movements to be recordedI654

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

a

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

b

in the case of a movement from premises in the zone—

i

the date of the movement off the premises,

ii

the premises of destination (if known), and

iii

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

c

in the case of a movement onto premises in the zone—

i

the date of the movement,

ii

the premises from which the movement originated (if known), and

iii

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

d

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

Annotations:
Commencement Information
I65

Sch. 5 para. 4 in operation at 10.2.2007, see reg. 1

Scope of record keeping dutiesI665

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

a

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

b

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

c

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

i

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

ii

trespassers; or

iii

any person executing these Regulations.

Annotations:
Commencement Information
I66

Sch. 5 para. 5 in operation at 10.2.2007, see reg. 1

Restrictions on the movement of poultry, other captive birds and mammals onto or off premisesI676

1

Subject to sub-paragraph (2), a person shall not move poultry, other captive birds or mammals from or to premises in the zone where poultry or other captive birds are kept, except under and in accordance with the conditions of a licence granted by the Department.

2

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

a

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

b

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

c

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

Annotations:
Commencement Information
I67

Sch. 5 para. 6 in operation at 10.2.2007, see reg. 1

Biosecurity measuresI687

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

a

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

b

comply with any biosecurity requirements which an inspector, by notice, imposes.

Annotations:
Commencement Information
I68

Sch. 5 para. 7 in operation at 10.2.2007, see reg. 1

Litter, poultry manure and slurryI698

A person shall not remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry except under and in accordance with the conditions of a licence granted by the Department.

Annotations:
Commencement Information
I69

Sch. 5 para. 8 in operation at 10.2.2007, see reg. 1

Gatherings of poultryI709

A person shall not permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering in the zone.

Annotations:
Commencement Information
I70

Sch. 5 para. 9 in operation at 10.2.2007, see reg. 1

Release of gameI7110

A person shall not release game birds.

Annotations:
Commencement Information
I71

Sch. 5 para. 10 in operation at 10.2.2007, see reg. 1

Restrictions on the movement of poultry and eggs within the zoneI7211

Subject to paragraph 12, a person shall not move any poultry or eggs within the zone (other than through the zone by road or rail without stopping), except under and in accordance with the conditions of a licence granted by the Department.

Annotations:
Commencement Information
I72

Sch. 5 para. 11 in operation at 10.2.2007, see reg. 1

Wholesale and retail distribution of eggs within the zoneI7312

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

Annotations:
Commencement Information
I73

Sch. 5 para. 12 in operation at 10.2.2007, see reg. 1

Biosecurity measuresI7413

The Department shall not grant a licence under paragraph 11 unless it is satisfied that the licencee will take appropriate biosecurity measures and the taking of such measures must be conditions of the licence.

Annotations:
Commencement Information
I74

Sch. 5 para. 13 in operation at 10.2.2007, see reg. 1

Movement of poultry to a designated slaughterhouseI7514

The Department may licence the movement of poultry from outside any avian influenza protection and surveillance zones to a designated slaughterhouse within the surveillance zone and subsequent movements of the meat derived from such poultry.

Annotations:
Commencement Information
I75

Sch. 5 para. 14 in operation at 10.2.2007, see reg. 1

Restrictions on the movement of poultry and eggs out of the zoneI7615

1

Subject to paragraph 16, a person shall not move any poultry or eggs out of the zone, unless the movement is—

a

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

b

licenced by the Department.

2

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

a

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

b

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

c

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

d

ready-to-lay poultry to premises or a part of any premises where poultry are not kept;

e

hatching eggs from the zone—

i

to a designated hatchery, or

ii

to designated premises for use for scientific, diagnostic or pharmaceutical purposes,

provided that, in both cases, the requirements of paragraph 20 are met;

f

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

g

eggs to an egg processing plant;

h

eggs for disposal.

Annotations:
Commencement Information
I76

Sch. 5 para. 15 in operation at 10.2.2007, see reg. 1

Wholesale and retail distribution of table eggsI7716

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

Annotations:
Commencement Information
I77

Sch. 5 para. 16 in operation at 10.2.2007, see reg. 1

Requirements for the movement of poultry from premises in the zone to a designated slaughterhouseI7817

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

Annotations:
Commencement Information
I78

Sch. 5 para. 17 in operation at 10.2.2007, see reg. 1

Requirements for the movement of day-old chicks hatched from eggs produced within the protection or surveillance zone or from eggs which have had contact with such eggsI7918

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

Annotations:
Commencement Information
I79

Sch. 5 para. 18 in operation at 10.2.2007, see reg. 1

Requirements for the movement of day-old chicks hatched from eggs originating outside the protection and surveillance zonesI8019

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

Annotations:
Commencement Information
I80

Sch. 5 para. 19 in operation at 10.2.2007, see reg. 1

Requirements for the movement of hatching eggs from the zone to a designated hatchery, or to designated premises for use for scientific, diagnostic or pharmaceutical purposesI8120

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

Annotations:
Commencement Information
I81

Sch. 5 para. 20 in operation at 10.2.2007, see reg. 1

Requirements for the movement of eggs to an egg packing centreI8221

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

a

they are packed in disposable packaging; and

b

any person transporting the eggs complies with any biosecurity measures laid down by an inspector.

Annotations:
Commencement Information
I82

Sch. 5 para. 21 in operation at 10.2.2007, see reg. 1

Cleansing and disinfection of vehicles carrying any thing which may be contaminatedI8322

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

Annotations:
Commencement Information
I83

Sch. 5 para. 22 in operation at 10.2.2007, see reg. 1

Cleansing and disinfection of vehiclesI8423

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

Annotations:
Commencement Information
I84

Sch. 5 para. 23 in operation at 10.2.2007, see reg. 1

SCHEDULE 6MEASURES WHEN LOW PATHOGENIC AVIAN INFLUENZA IS CONFIRMED

Regulations 46, 54(2)

PART IMEASURES ON PREMISES WHERE LOW PATHOGENIC AVIAN INFLUENZA IS CONFIRMED

Record of poultry, other captive birds and mammalsI851

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

a

alive;

b

which have died;

c

which show clinical signs of avian influenza;

d

which he thinks are likely to be infected; and

e

born or hatched.

Annotations:
Commencement Information
I85

Sch. 6 para. 1 in operation at 10.2.2007, see reg. 1

Housing or isolation of poultry and other captive birdsI862

1

The occupier must ensure that poultry and other captive birds are—

a

housed; or

b

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

2

If the birds are kept isolated, the occupier must take all reasonable steps to minimise their contact with wild birds, in accordance with the instructions of the inspector.

Annotations:
Commencement Information
I86

Sch. 6 para. 2 in operation at 10.2.2007, see reg. 1

Prohibition on movement of poultry and other captive birds to or from the premisesI873

A person shall not move any poultry or other captive birds to or from the premises, except under and in accordance with the conditions of a licence granted by the Department.

Annotations:
Commencement Information
I87

Sch. 6 para. 3 in operation at 10.2.2007, see reg. 1

Movement of poultry to a designated slaughterhouseI884

A person shall not move any poultry or other captive bird to a slaughterhouse unless—

a

the slaughterhouse is a designated slaughterhouse;

b

the poultry are sent directly to the designated slaughterhouse; and

c

they are transported in vehicles sealed by an inspector, or in accordance with the instructions of an inspector.

Annotations:
Commencement Information
I88

Sch. 6 para. 4 in operation at 10.2.2007, see reg. 1

Duty not to tamper with or remove seal on vehicles transporting poultryI895

A person shall not tamper with a seal on a vehicle transporting poultry to a designated slaughterhouse or remove it until the vehicle has arrived at the designated slaughterhouse.

Annotations:
Commencement Information
I89

Sch. 6 para. 5 in operation at 10.2.2007, see reg. 1

Cleansing and disinfection of vehicles transporting any bird or thing which may be contaminatedI906

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

Annotations:
Commencement Information
I90

Sch. 6 para. 6 in operation at 10.2.2007, see reg. 1

Prohibition on the movement of people, animals, vehicles and equipment to or from premisesI917

1

Subject to paragraph (2), a person shall not move to or from the premises and a person shall not move any mammal, vehicle or equipment to or from the premises, except under and in accordance with the conditions of a licence granted by the Department.

2

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

a

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

b

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

c

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

Annotations:
Commencement Information
I91

Sch. 6 para. 7 in operation at 10.2.2007, see reg. 1

Disposal of carcasesI928

The occupier must ensure that carcases are disposed of as soon as possible in accordance with the instructions of an inspector (unless the Department licences their use for diagnosis of disease).

Annotations:
Commencement Information
I92

Sch. 6 para. 8 in operation at 10.2.2007, see reg. 1

Restrictions in relation to eggsI939

Subject to paragraph 10 the occupier must ensure that eggs on the premises which are to be disposed of and which are not seized by an inspector are disposed of in accordance with the instructions of the inspector.

Annotations:
Commencement Information
I93

Sch. 6 para. 9 in operation at 10.2.2007, see reg. 1

Hatching eggs on special category premisesI9410

An inspector may, by notice served on the occupier of special category premises, direct that hatching eggs on those premises need not be disposed of.

Annotations:
Commencement Information
I94

Sch. 6 para. 10 in operation at 10.2.2007, see reg. 1

TracingI9511

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

Annotations:
Commencement Information
I95

Sch. 6 para. 11 in operation at 10.2.2007, see reg. 1

Manure, slurry and beddingI9612

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

Annotations:
Commencement Information
I96

Sch. 6 para. 12 in operation at 10.2.2007, see reg. 1

Cleansing and disinfectionI9713

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

Annotations:
Commencement Information
I97

Sch. 6 para. 13 in operation at 10.2.2007, see reg. 1

Other material which may be contaminatedI9814

The occupier of the premises must ensure that any other material or substance which may be contaminated with avian influenza is treated in accordance with the instructions of the inspector or disposed of.

Annotations:
Commencement Information
I98

Sch. 6 para. 14 in operation at 10.2.2007, see reg. 1

Killing and seizureI9915

The occupier must give all reasonable assistance to an inspector exercising his duties in relation to the killing of poultry or other captive birds under paragraph 11 of Part I of Schedule 2 to the 1981 Order and to the seizure of any thing seized under the 1981 Order.

Annotations:
Commencement Information
I99

Sch. 6 para. 15 in operation at 10.2.2007, see reg. 1

Restriction on the movement of eggsI10016

A person shall not move any eggs from the premises except under and in accordance with the conditions of a licence granted by the Department.

Annotations:
Commencement Information
I100

Sch. 6 para. 16 in operation at 10.2.2007, see reg. 1

Disinfection at entrances and exitsI10117

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

Annotations:
Commencement Information
I101

Sch. 6 para. 17 in operation at 10.2.2007, see reg. 1

I112PART IICRITERIA TO BE CONSIDERED BY THE DEPARTMENT BEFORE PERMITTING MOVEMENTS FROM PREMISES WHERE LOW PATHOGENIC AVIAN INFLUENZA HAS BEEN CONFIRMED

Annotations:
Commencement Information
I112

Sch. 6 Pt. 2 in operation at 10.2.2007, see reg. 1

The following are the criteria to be considered by the Department before permitting movements from premises where low pathogenic avian influenza has been confirmed—

a

the species of birds on the premises;

b

the number of premises it knows to contain poultry or other captive birds in the area around the premises;

c

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

d

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

e

possible routes on which things could be moved;

f

any evidence of disease spread;

g

any risk to human health; and

h

any treatment procedures which could be applied to any thing to be moved.

SCHEDULE 7MEASURES IN A LOW PATHOGENIC AVIAN INFLUENZA RESTRICTED ZONE

Regulation 57

Restrictions on the movement of poultry, other captive birds and mammals from or to premisesI1021

1

Subject to sub-paragraph (2) a person shall not move poultry, other captive birds or mammals from or to premises within the zone where poultry or other captive birds are kept, except under and in accordance with the conditions of a licence granted by the Department.

2

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

a

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

b

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

c

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

Annotations:
Commencement Information
I102

Sch. 7 para. 1 in operation at 10.2.2007, see reg. 1

Biosecurity measuresI1032

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

a

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

b

comply with any biosecurity requirements which an inspector, by notice to him, imposes.

Annotations:
Commencement Information
I103

Sch. 7 para. 2 in operation at 10.2.2007, see reg. 1

Litter, poultry manure and slurryI1043

A person shall not remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry except under and in accordance with the conditions of a licence granted by the Department.

Annotations:
Commencement Information
I104

Sch. 7 para. 3 in operation at 10.2.2007, see reg. 1

Gatherings of poultryI1054

A person shall not permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering, unless licenced by the Department.

Annotations:
Commencement Information
I105

Sch. 7 para. 4 in operation at 10.2.2007, see reg. 1

Release of gameI1065

A person shall not release game birds.

Annotations:
Commencement Information
I106

Sch. 7 para. 5 in operation at 10.2.2007, see reg. 1

Restrictions on the movement of poultry, other captive birds and eggs within the zoneI1076

Subject to paragraph 8, a person shall not move any poultry, other captive birds or eggs within the zone (other than through the zone by road or rail without stopping), except under and in accordance with the conditions of a licence granted by the Department.

Annotations:
Commencement Information
I107

Sch. 7 para. 6 in operation at 10.2.2007, see reg. 1

Restrictions on the movement of poultry and eggs out of the zoneI1087

1

Subject to paragraph 8, a person shall not move any poultry or eggs out of the zone, unless the movement is—

a

set out in sub-paragraph (2); and

b

licenced by the Department.

2

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

a

poultry for slaughter at a designated slaughterhouse;

b

poultry to premises or part of a premises where no poultry are kept;

c

day-old chicks from eggs originating within the zone or from eggs which have come into contact with such eggs to any premises or part of premises;

d

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

e

hatching eggs—

i

to a designated hatchery, or

ii

to a designated premises for use for scientific, diagnostic or pharmaceutical purposes,

provided that in both cases, the eggs and their packaging are disinfected before dispatch;

f

eggs to a designated egg packing centre in disposable packaging and in accordance with any biosecurity requirements specified by an inspector;

g

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

h

eggs for disposal.

3

The Department shall by notice served on the occupier of any premises of destination under paragraph (2)(b) or (c) require that poultry including day-old chicks must not be moved off the premises for at least 21 days from the day they arrived there.

Annotations:
Commencement Information
I108

Sch. 7 para. 7 in operation at 10.2.2007, see reg. 1

Wholesale and retail distribution of eggsI1098

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

Annotations:
Commencement Information
I109

Sch. 7 para. 8 in operation at 10.2.2007, see reg. 1

CarcasesI1109

The occupier of any premises within the zone must ensure that carcases are disposed of in accordance with the instructions of an inspector (unless the Department licences their use for diagnosis of disease).

Annotations:
Commencement Information
I110

Sch. 7 para. 9 in operation at 10.2.2007, see reg. 1

Cleansing and disinfection of vehiclesI11110

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