The Aquatic Animal Health Regulations (Northern Ireland) 2009

PART 3 N.I. PLACING ON THE MARKET

Application of Part 3 N.I.

18.—(1) This Part does not apply where any aquaculture animal or aquaculture product is placed on the market for scientific purposes under, and in accordance with the conditions of, a licence granted by the Department.

(2) This part, other than regulation 19(5) and (6), does not apply where any ornamental aquatic animal is kept in a closed ornamental facility.

Commencement Information

I1 Reg. 18 in operation at 27.3.2009, see reg. 1(1)

General health requirements N.I.

19.—(1) It is an offence for a person to place on the market any aquaculture animal or any aquaculture product if the person doing so knows or suspects, or ought to know or suspect, that it would pose a risk of spreading disease to any aquatic animal.

(2) It is an offence for a person to place on the market any aquaculture animal for farming unless the animal—

(a) is clinically healthy; and

(b) subject to paragraph (4), comes from a farm or mollusc farming area where there is no unresolved increased mortality.

(3) It is an offence for a person to release any aquaculture animal into the wild or into a put and take fishery unless the animal—

(a) is clinically healthy;

(b) subject to paragraph (4), comes from a farm or mollusc farming area where there is no unresolved increased mortality; and

(c) if it is of a species susceptible to a disease listed in the second column of Part II of Annex IV to Directive 2006/88, or is a vector for that disease, comes from a zone or compartment which has, in relation to that disease, a Category I disease-free health status as referred to in Part A of Annex III to Directive 2006/88.

(4) Paragraphs (2)(b) and 3(b) do not apply where—

(a) the aquaculture animal comes from a part of the farm or mollusc farming area which is independent of the epidemiological unit in which the increased mortality has occurred; and

(b) the placing on the market or release of the animal is under, and in accordance with the conditions of, a licence granted by the Department.

(5) It is an offence for a person to place on the market any ornamental aquatic animal if the person doing so knows or suspects, or ought to know or suspect, that it would pose a risk of spreading disease to any aquatic animal.

(6) It is an offence for a person to release any ornamental aquatic animal kept in a closed ornamental facility into an open ornamental facility, farm, mollusc farming area, relaying area, put and take fishery or into the wild, except under, and in accordance with the conditions of, a licence granted by the Department.

(7) It is an offence for a person to place on the market for farming or restocking any aquaculture animal intended for destruction or slaughter in accordance with disease control measures under Part 4 or under any equivalent provision in regulations extending to any other part of the United Kingdom.

(8) Where any live aquaculture animal of a species susceptible to a disease listed in the second column of Part II of Annex IV to Directive 2006/88, or which is a vector for that disease, is placed on the market for further processing, it is an offence for a person to temporarily store the animal unless it—

(a) is stored at the place of processing; and

(b) either—

(i) comes from a Member State, zone or compartment declared free of that disease in accordance with Article 49 or 50 of Directive 2006/88; or

(ii) is temporarily kept in a dispatch centre, purification centre or similar establishment equipped with an effluent treatment system which inactivates the pathogens which cause that disease or which reduces the risk of transmitting diseases to natural waters to an acceptable level.

(9) Where any live mollusc or crustacean of a species susceptible to a disease listed in the second column of Part II of Annex IV to Directive 2006/88 is placed on the market for human consumption without further processing, it is an offence for a person to temporarily relay the mollusc or crustacean in any waters or introduce it into a dispatch centre, purification centre or similar establishment unless the mollusc or crustacean—

(a) comes from a Member State, zone or compartment declared free of that disease in accordance with Article 49 or 50 of Directive 2006/88; or

(b) is temporarily kept in a dispatch centre, purification centre or similar establishment equipped with an effluent treatment system which inactivates the pathogens which cause that disease or which reduces the risk of transmitting diseases to natural waters to an acceptable level.

(10) It is an offence for a person to contravene any of the following provisions of Regulation 1251/2008—

(a) Article 9 (introduction of aquaculture animals after inspection);

(b) Article 15(1), (2) or (3) (requirements for the release of aquaculture animals and products thereof and for transport water).

(11) In this regulation —

(a) an aquaculture animal, mollusc or crustacean is of a species susceptible to a disease listed in the second column of Part II of Annex IV of Directive 2006/88 if it is of a species listed in the third column of that Part opposite the disease listed in the second column of that Part;

(b) an aquaculture animal is a vector for a disease if it is of a species listed in Column 2 of the table in Annex I to Regulation 1251/2008 opposite the disease listed in Column 1 and it fulfils the conditions set out in Columns 3 and 4 of that table;

(c) ‘restocking’ includes release into the wild or into a put and take fishery.

Commencement Information

I2 Reg. 19 in operation at 27.3.2009, see reg. 1(1)

Health certification requirements N.I.

20.—(1) It is an offence for a person to introduce any aquaculture animal or any aquaculture product into Northern Ireland where the animal or product is required to be accompanied by an animal health certificate under Article 5 of Decision 2004/453 or Chapter III or IV of Regulation 1251/2008 unless it is accompanied by such a certificate completed in accordance with the relevant model specified in that Article or Chapter.

(2) It is an offence for a person to export any aquaculture animal or any aquaculture product where the animal or product is required to be accompanied by an animal health certificate under Article 8 of Regulation 1251/2008 unless it is accompanied by such a certificate completed in accordance with the relevant model specified in that Article.

(3) It is an offence for a person, for the purpose of procuring an animal health certificate under Article 5 of Decision 2004/453 or Chapter III of Regulation 1251/2008—

(a) to make a statement which that person knows or suspects, or ought to know or suspect, is false or misleading in a material particular; or

(b) intentionally to fail to disclose any material particular.

(4) In this regulation—

(a) “introduce any aquaculture animal or any aquaculture product into Northern Ireland” includes the introduction of any aquaculture animal or any aquaculture product into any zone or compartment within Northern Ireland from any other zone or compartment within Northern Ireland;

(b) “export” means send out of Northern Ireland or send from any zone or compartment within Northern Ireland to any other zone or compartment within Northern Ireland.

Commencement Information

I3 Reg. 20 in operation at 27.3.2009, see reg. 1(1)

Additional requirements in respect of aquaculture animals and wild aquatic animals N.I.

21.—(1) Where any aquaculture animal, which is of a species susceptible to a disease listed in the second column of Part II of Annex IV to Directive 2006/88 or is a vector for that disease, is introduced into Northern Ireland with the intention of being released into the wild or into a put and take fishery, the place of introduction shall, for the purposes of regulation 20(1), be treated as if it has, in relation to that disease, a Category I disease-free health status as referred to in Part A of Annex III to Directive 2006/88.

(2) Where any wild aquatic animal, which is of a species susceptible to a listed disease or is a vector for that disease, is introduced into Northern Ireland with the intention of being released into the wild or into a put and take fishery, the animal is, for the purpose of regulations 20(1) and 21(1), to be treated as if it is an aquaculture animal introduced with the intention of being released into the wild or into a put and take fishery.

(3) Where any wild aquatic animal, which is of a species susceptible to a listed disease or is a vector for that disease, is introduced into Northern Ireland for further processing before human consumption, the animal is, for the purposes of regulation 20(1), to be treated as if it is an aquaculture animal introduced for further processing before human consumption.

(4) In paragraph (1)—

(a) an aquaculture animal is of a species susceptible to a disease listed in the second column of Part II of Annex IV to Directive 2006/88 if it is of a species listed in the third column of that Part opposite the disease listed in the second column of that Part;

(b) an aquaculture animal is a vector for a disease if it is of a species listed in Column 2 of the table in Annex I to Regulation 1251/2008 opposite the disease listed in Column 1 and it fulfils the conditions set out in Columns 3 and 4 of that table.

(5) In paragraphs (2) and (3)—

(a) “wild aquatic animal” means any live aquatic animal which can survive in the natural aquatic environment in Northern Ireland and is not an aquaculture animal;

(b) a wild aquatic animal is of a species susceptible to a listed disease if it is of a species listed—

(i) in the third column of Part II of Annex IV of Directive 2006/88 opposite the disease listed in the second column of that Part; or

(ii) in the second column of Schedule 1 opposite the disease listed in the first column of that Schedule;

(c) a wild aquatic animal is a vector for a disease if it is of a species listed in Column 2 of the table in Annex I to Regulation 1251/2008 opposite the disease listed in Column 1 and it fulfils the conditions set out in Columns 3 and 4 of that table.

(6) In paragraphs (1) to (3) any reference to the introduction of any animal into Northern Ireland includes the introduction of any animal into any zone or compartment within Northern Ireland from any other zone or compartment within Northern Ireland.

Commencement Information

I4 Reg. 21 in operation at 27.3.2009, see reg. 1(1)

Disease prevention requirements in respect of transport N.I.

22.—(1) It is an offence for a person to transport any aquaculture animal unless the requirements in paragraph (2) are met.

(2) The requirements are—

(a) the duration of the journey shall be as short as reasonably possible;

(b) the means of transport shall have been cleaned and disinfected before the aquaculture animal is loaded;

(c) if the aquaculture animal is transported overland in water—

(i) it shall be transported in such a manner that the water cannot escape from the means of transport; and

(ii) any water exchange shall be carried out only at a water station approved by the Department; and

(d) the conditions of transport shall not jeopardise the health status of—

(i) the aquaculture animal being transported;

(ii) any aquatic animal at any place of transit; or

(iii) any aquatic animal at the place of destination.

Commencement Information

I5 Reg. 22 in operation at 27.3.2009, see reg. 1(1)

Recording of information in respect of transport N.I.

23.—(1) It is an offence for a person who transports any aquaculture animal to fail to keep a record of the information set out in paragraph (2) for a period of four years beginning with the date on which the aquaculture animal arrived at its place of destination.

(2) The information is—

(a) the mortality of any animal in the course of transport;

(b) every farm, mollusc farming area, relaying area, dispatch centre, purification centre, put and take fishery, non-commercial installation, open ornamental facility, closed ornamental facility or processing establishment which is visited in the course of the transport;

(c) any water exchange carried out in the course of transport;

(d) the source of any water used in the course of transport; and

(e) the location at which any water from the means of transport is discharged.

(3) The Department may specify the form and manner in which the information set out in paragraph (2) shall be recorded.

(4) It is a defence for a person charged with an offence under paragraph (1) in relation to the information set out in paragraph 2(a) to show that it was not practicable to keep such a record.

Commencement Information

I6 Reg. 23 in operation at 27.3.2009, see reg. 1(1)

Exemption for transport in small containers N.I.

24.  Regulations 22 and 23 do not apply where the transport is by means of a container which—

(a) is watertight and airtight;

(b) does not exceed one cubic metre; and

(c) is accompanied by a legible label fixed to the exterior of the container which identifies its contents, their place of origin and their place of destination.

Commencement Information

I7 Reg. 24 in operation at 27.3.2009, see reg. 1(1)

Quarantine N.I.

25.—(1) Where any aquaculture animal originating outside [F1 the European Union] and imported into Northern Ireland from any place inside those Communities is intended for quarantine in accordance with Article 10 or 11 of Regulation 1251/2008, it is an offence for the person importing the animal to fail to transport it directly to a quarantine facility.

(2) Where quarantine is a condition for the placing on the market of any aquaculture animal in accordance with Article 17 or 20 of Directive 2006/88 or for the import of any such animal into [F1 the European Union] in accordance with Chapter IV of Regulation 1251/2008, it is an offence for the operator of a quarantine facility to release the animal from quarantine without the prior written consent of the Department.

Textual Amendments

F1 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

Commencement Information

I8 Reg. 25 in operation at 27.3.2009, see reg. 1(1)