The Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008

Citation and commencement

1.  These Regulations may be cited as the Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008 and come into operation on 21^st November 2008.

Interpretation

2.—(1) In these Regulations—

“animal” means any mammal;

“disease” means any of the following: Classical Swine Fever; African Swine Fever; Swine Vesicular Disease; Rinderpest; Peste des Petits Ruminants; Newcastle Disease;

“disease legislation” means any of the legislation listed in Schedule 1;

“the Diseases of Poultry Order” means the Diseases of Poultry Order (Northern Ireland) 1983(1);

“establishment” means a slaughterhouse or a game handling establishment;

“game handling establishment” means an establishment where the preparation of wild game carcases takes place;

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

“meat” means any part of the carcase of either an animal or poultry intended for human consumption, and includes a product resulting from the processing of meat from that animal or poultry or a product resulting from the further processing of such processed meat product;

“Newcastle disease” means an infection caused by any avian strain of the paramyxovirus 1 with an intracerebral pathogenicity index in day-old chicks greater than 0.7;

“occupier” means, in relation to any premises or establishments, the occupier of those premises or establishments;

“poultry” means all species of poultry reared or kept in captivity for the production of meat or eggs for consumption, the production of other commercial products, for restocking supplies of game or for the purposes of any breeding programme for the production of these categories of birds;

“premises” means any land, building or place in business use, other than a slaughterhouse or game handling establishment;

“product” means a product resulting from the processing of untreated meat or from the further processing of such processed meat product;

“relevant date” means the date disease was confirmed at infected premises or an establishment or the date of earliest infection where the Department specifies such a date;

“slaughter” means killing for the production of food for human consumption but does not include killing wild game;

“slaughterhouse” means premises for the slaughter of any animal or poultry and includes any part of those premises used for the preparation of meat;

“supply” means supply to the final consumer or to a person who then supplies to the final consumer and includes consignment for sale;

“treated” means—

(a)

in relation to meat from a restricted animal, subjected to the treatment listed in column (1) of the table in Schedule 2 opposite the reference in column (2) to the disease which triggered the restrictions in question;

(b)

in relation to meat from disease restricted poultry, subjected to the treatment listed in column (1) of row (b) of the table in Schedule 2;

(c)

in relation to meat from a restricted animal, treated in accordance with Schedules 5 and 6 of the Foot and Mouth Disease Regulations (Northern Ireland) 2006(2);

and “untreated” must be construed accordingly;

“treatment centre” means premises designated under regulation 5 for the purpose of subjecting meat to a treatment listed in Schedule 2;

“vehicle” includes—

(a)

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

(b)

a detachable part of any vehicle;

(c)

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

“wild game” means a wild animal which is hunted for human consumption.

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

Restricted animal, restricted poultry and restricted meat: definitions

3.—(1) In these Regulations a “restricted animal” is an animal which is—

(a) at, in or from—

(i) suspect premises;

(ii) an establishment where a disease is suspected;

(iii) infected premises;

(iv) an establishment where a disease is confirmed;

(v) an infected area;

(vi) a protection zone; or

(vii) a surveillance zone; and

(b) of a species susceptible to the disease in respect of which restrictions at such premises, in such an area or in such a zone have been imposed.

(2) In these Regulations, “restricted poultry” is poultry which is at, in or from any of the following under the Diseases of Poultry Order (Northern Ireland) 1995(4) —

(a) suspect premises;

(b) a slaughterhouse where a disease is suspected;

(c) infected premises;

(d) a slaughterhouse where a disease is confirmed;

(e) an infected area;

(f) a protection zone; or

(g) a surveillance zone.

(3) “Suspect premises” are premises where movement restrictions are in place under disease legislation because a disease is suspected there.

(4) “Infected premises” are premises where a disease has been confirmed under disease legislation.

(5) An “infected area” is an area declared under Article 8 of the Movement of Animals (Restrictions) Order (Northern Ireland) 2004(5) in respect of a disease.

(6) A “protection zone” is an area of this name declared by the Department under disease legislation following confirmation of a disease.

(7) A “surveillance zone” is an area of this name declared by the Department under disease legislation following confirmation of a disease.

(8) “Restricted meat” is meat produced from the relevant date from a restricted animal or restricted poultry from an infected area, a protection zone or a surveillance zone that has not been treated in accordance with Schedule 2 at a designated treatment centre, and includes meat that has come into contact with such meat.

Notices

4.  A notice served under these Regulations—

(a) must be in writing; and

(b) may be amended, suspended or revoked, by a further notice, at any time.

Designation of premises, slaughterhouses and game handling establishments

5.—(1) The Department may designate any establishment or premises for the purposes of slaughtering animals or poultry, or cutting, preparing, processing, packing, wrapping, storage or treatment of meat.

(2) Designation under these Regulations—

(a) shall be in writing; and

(b) may be subject to conditions; and

(c) may be amended, suspended or revoked by a notice.

(3) Premises designated by the Secretary of State for Environment, Food and Rural Affairs, the Scottish Ministers or the National Assembly for Wales for the same purposes as they may be designated under these Regulations are designated premises for the purposes of these Regulations.

(4) In these Regulations, “designated” refers to premises and establishments which are designated under this regulation.

Slaughter of restricted animals

6.  A person shall not—

(a) move a restricted animal or restricted poultry to an undesignated slaughterhouse; or

(b) slaughter a restricted animal, or restricted poultry at an undesignated slaughterhouse, except under the authority of, and in accordance with the conditions of a licence granted by the Department.

Movement of carcases to undesignated premises

7.—(1) Subject to paragraph (2) a person shall not move or cause to be moved the carcase of—

(a) a restricted animal, or

(b) any restricted poultry to any premises or establishment unless that premises is designated.

(2) The prohibition in paragraph (1) shall not apply in relation to any movement licensed by the Department.

Separation of restricted animals and meat from such animals

8.—(1) A person moving a restricted animal must ensure that it is kept separate from other animals.

(2) A person moving restricted poultry must ensure that it is kept separate from other poultry.

(3) A person who handles, stores or moves untreated meat from a restricted animal or meat which has come into contact with such meat must keep it separate from meat from other animals.

(4) A person who handles, stores or moves untreated meat from restricted poultry or meat which has come into contact with such meat must keep it separate from meat from other poultry.

Slaughterhouses

9.—(1) The occupier of a slaughterhouse may only slaughter restricted animals or restricted poultry if the slaughterhouse is designated.

(2) The occupier of a slaughterhouse must ensure that—

(a) restricted animals are kept separate from other animals;

(b) restricted animals are slaughtered separately from other animals;

(c) restricted poultry are kept separated from other poultry;

(d) restricted poultry are slaughtered separately from other poultry;

(e) untreated meat from restricted animals is kept separate from other meat;

(f) untreated meat from restricted poultry is kept separate from other meat.

(3) The occupier of a slaughterhouse who receives restricted animals that have not been kept separate from other animals or who has not kept restricted animals separate from other animals must, on being given notice by a veterinary inspector, deal with those other animals as restricted animals.

(4) The occupier of a slaughterhouse who receives restricted poultry that have not been kept separate from other poultry or who has not kept restricted poultry separate from other poultry must, on being given notice by a veterinary inspector, deal with that other poultry as restricted poultry.

(5) The occupier of a slaughterhouse where disease is suspected or has been confirmed must detain all meat in the slaughterhouse until a veterinary inspector notifies that occupier that the inspector is satisfied that detention of all or some of that meat is no longer necessary to reduce the risk of transmission of disease.

Game handling establishments

10.—(1) The occupier of a game handling establishment may only receive restricted meat if that establishment is designated.

(2) The occupier of a game handling establishment where disease is suspected or has been confirmed must detain all meat in the game handling establishment until a veterinary inspector notifies that occupier that the inspector is satisfied that detention of all or some of that meat is no longer necessary to reduce the risk of transmission of disease.

Receipt and possession of restricted meat

11.—(1) The occupier of any premises or establishment may only receive restricted meat if that premises or establishment is designated.

(2) Any person in possession of restricted meat must keep it separate from other meat.

Marking of meat from restricted animals

12.—(1) The occupier of an establishment must ensure that restricted meat is marked in accordance with Schedule 3.

(2) A person must not be in possession or control of restricted meat unless it is marked in accordance with Schedule 3.

(3) A person must not remove a mark applied under this regulation except to enable cutting, preparing, processing, packing or treatment of the restricted meat.

(4) Any person who removes a mark applied under this regulation, other than a person treating meat at a treatment centre with a treatment listed in Schedule 2, must reapply the mark, with the appropriate plant approval number, after cutting, preparing, processing, packing or treatment of the meat.

Movement of restricted meat

13.—(1) Subject to paragraph (2), a person shall not move or cause or permit to be moved restricted meat to any premises or establishment unless that premises or establishment is designated.

(2) The prohibition in paragraph (1) shall not apply in relation to any movement licensed by the Department.

Prohibition on supply and export of meat

14.—(1) A person shall not—

(a) supply restricted meat; or

(b) export restricted meat.

(2) The prohibition in paragraph (1)(a) does not apply to restricted meat from restricted poultry intended for supply on the domestic market provided—

(a) the occupier of the slaughterhouse where the meat was produced complied with regulations 9, 11, 12 and 16(1) and (2);

(b) any person who is in possession of the meat complies with regulations11(2) and 12;

(c) the occupier of the premises where cutting, preparing, processing, packing, wrapping, storage or treatment of the meat takes place complies with regulations 12, 16(2) and (3).

(3) The “domestic market” is the market for the sale of poultry meat in England, Scotland, Wales and Northern Ireland.

Notification of the movement of restricted meat

15.—(1) The occupier of premises from which restricted meat, is moved must notify the following information to the Department in writing within 24 hours of the movement—

(a) the date of the movement;

(b) the species of animal from which the meat came;

(c) the quantity of meat moved;

(d) the address of the premises from which the meat was moved;

(e) the name and address of the occupier of those premises;

(f) the name and address of the person transporting the meat;

(g) the address of premises to which the meat was moved; and

(h) the name and address of the occupier of those premises;

(2) The occupier of any premises to which restricted meat or restricted poultry meat is moved must notify the Department in writing within 24 hours of receipt of that meat—

(a) the date of receipt;

(b) the species of animal from which the meat came;

(c) the quantity of meat moved;

(d) the address of the premises from which the meat was moved;

(e) the name and address of the occupier of those premises;

(f) the name and address of the person transporting the meat;

(g) the address of premises to which the meat was moved; and

(h) the name and address of the occupier of those premises.

Record keeping

16.—(1) The occupier of a slaughterhouse where a restricted animal or restricted poultry is slaughtered must make records of the following—

(a) the number and type of restricted animals or restricted poultry slaughtered;

(b) the date of such slaughter;

(c) the disease which caused the animals or poultry to be subject to restrictions under the disease legislation.

(2) Any person who is in possession of restricted meat must make records of the following—

(a) the quantity of restricted meat handled;

(b) the disease which caused the meat to be subject to restrictions under the disease legislation;

(c) the quantity of restricted meat placed into and removed from cold storage;

(d) the date of such movement into or out of cold storage;

(e) the quantity of restricted meat disposed of as animal by-product.

(3) The occupier of a treatment centre where restricted meat is treated must keep records of the following—

(a) the date of the treatment;

(b) the species of animal from which the meat came;

(c) the quantity of meat treated;

(d) the treatment applied.

(4) Records made under this regulation must be retained for at least 3 years from the date of the slaughter, movement or treatment to which they refer.

Requirements in relation to milk and milk products

17.—(1) The Department may declare that requirements in respect of milk and milk products apply if it considers those requirements necessary to minimise the risk of the spread of disease.

(2) “Milk and milk products” includes cows’ milk, goats’ milk, ewes’ milk and products obtained from such milk, in each case intended for human consumption.

(3) A declaration under paragraph (1)—

(a) must be in writing;

(b) may be amended by further declaration at any time; and

(c) may only be revoked by further declaration.

Restrictions relating to things moved from England, Scotland or Wales

18.—(1) Measures in these Regulations applying in respect of any thing moved from any of the premises, establishments, areas or zones referred to in regulation 3 also apply in respect of any such thing moved from equivalent premises, establishments, areas or zones in England, Scotland or Wales.

(2) This regulation only applies if the person to whom the measure applies is aware or should reasonably have been aware that the thing moved is from such premises, establishments, areas or zones.

Meat from suspect or infected premises

19.—(1) Any person who is in possession of meat from a restricted animal or restricted poultry originating from the relevant date from suspect premises, or meat that has come into contact with such meat, must detain that meat until those premises are no longer suspect premises.

(2) Paragraph (1) only applies if the person in possession of the meat is aware or should reasonably have been aware that the meat is from a restricted animal or restricted poultry originating from the relevant date from suspect premises, or is meat that has come into contact with such meat.

(3) Any person in possession of meat produced from a restricted animal or restricted poultry originating from infected premises from the relevant date, or meat that has come into contact with such meat, must destroy that meat without delay.

Tracing of meat from infected premises

20.  Any person who has owned or been in possession of meat referred to in regulation 19(3) must—

(a) use best endeavors to trace that meat; and

(b) inform the recipient of that meat, other than a consumer, that the meat is from infected premises.

Provision of reasonable assistance, information and cooperation

21.—(1) Any person to whom any requirement under these Regulations applies or who is required to give reasonable assistance or information to a person executing these Regulations must, unless he has reasonable cause, do so without delay.

(2) A person shall not deface, obliterate or remove any mark applied by an inspector under these Regulations, unless he is authorised to do so by an inspector.

Costs of compliance

22.  The costs incurred by any person in taking any action required under these Regulations, or of refraining from taking action prohibited under them, must be met by that person unless the Department directs otherwise in writing.

Default powers of Department

23.  If a person does not comply with a requirement of these Regulations, the Department may arrange for any such requirement to be complied with at the expense of that person.

Powers and duties of inspectors

24.—(1) On producing, if required, a duly authenticated document showing his authority, an inspector may, at all reasonable hours, enter any premises, establishments or vehicle for the purpose of ensuring that these Regulations are being complied with.

(2) An inspector may require a person in possession of any meat to detain that meat at a place specified by the inspector.

(3) An inspector may require a person in possession of meat to dispose of that meat.

(4) An inspector may require a person in possession of meat to treat that meat.

(5) An inspector may carry out such inquiries, examinations and tests and take such samples as he considers necessary.

(6) An inspector may mark any animal, meat or other thing for identification purposes.

(7) An inspector may, by notice served on the occupier of a slaughterhouse or game handling establishment require the marking of any meat.

(8) An inspector may, by notice served on the occupier of any premises or establishment, require the tracing of any meat that the occupier has handled.

(9) An inspector may, by notice served on the occupier of any premises or establishment, require the cleansing and disinfection of any part of those premises.

(10) An inspector may, by notice served on the person in charge of any thing, require the cleansing and disinfection of that thing.

(11) An inspector may, by notice served on the occupier of any premises or establishment or the person in charge of any animal or thing require—

(a) the isolation of the animal or thing in a specified place;

(b) the separation of any animal or thing from any other animal or thing.

(12) An inspector may inspect and copy any records (in whatever form they are held) kept under these Regulations and remove such records so they may be copied.

(13) An inspector may inspect and check the operation of any computer and associated apparatus or material used in connection with the making and keeping of records under these Regulations.

(14) An inspector may require computer records to be produced in a form which may be taken away.

(15) An inspector who enters any premises, establishments or vehicle may take with him—

(a) such other persons as he considers necessary; and

(b) any representative of the European Commission.

(16) An inspector who enters unoccupied premises or an unoccupied establishment must leave them as effectively secured against unauthorised entry as he found them.

(17) Any person required by these Regulations to disinfect must use a disinfectant approved by the Department under the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 2008(6).

Offences

25.  A person is guilty of an offence if, without reasonable cause, he—

(a) fails to comply with a requirement of these Regulations;

(b) obstructs any person executing these Regulations; or

(c) provides information which he knows to be false or misleading to such a person.

Penalties

26.  A person guilty of an offence under these Regulations is liable—

(a) on summary conviction to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 3 months, or both;

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.

Enforcement

27.—(1) These Regulations shall be enforced by the Department in any slaughterhouse or game handling establishment.

(2) Other than as specified in paragraph (1), these Regulations shall be enforced by the District Council, unless the Department directs otherwise.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 27^th October 2008.

L.S.

R J Jordan

A senior officer of the Department of Agriculture and Rural Development