The Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006

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InterpretationS

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2.—(1) In these Regulations–

“the Act” means the Animal Health Act 1981 M1;

[F1“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about birds or carcases infected with avian influenza or suspected of being infected with avian influenza;]

“avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;

“the Avian Influenza Order” means the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006 M2;

“carcase” means the carcase of any bird and includes any part of a carcase;

F2...

“commercial premises” means premises where poultry or other captive birds are kept for commercial purposes;

F3...

“controlled zone” has the same meaning as in the Avian Influenza Order;

“day-old chick” means all poultry less than 72 hours old which have not yet fed and muscovy ducks (Cairina moschata) and their crosses less than 72 hours old, whether or not fed;

“designated packing centre” means a packing centre designated under article 70 of the Avian Influenza Order and designated under regulation 16(3);

“designated slaughterhouse” means a slaughterhouse designated under article 70 of the Avian Influenza Order and designated under regulation 16(3);

“the Directive” means Council Directive 2005/94/EC on Community measures for the control of avian influenza repealing Directive 92/40/EEC M3[F4, as last amended by Commission Implementing Decision (EU) 2018/662];

F5...

[F6“emergency vaccination plan” has the same meaning as it has in Article 53 of the Directive, reading that Article as if—

(a)

in paragraph 1—

(i)

for “A Member state” there were substituted “ The Scottish Ministers ”,

(ii)

for “the Member State” there were substituted “ Scotland ”,

(iii)

the words from “concerned” to the end were omitted,

(b)

in paragraph 2, in the first subparagraph—

(i)

for “a Member State intends” there were substituted “ the Scottish Ministers intend ”,

(ii)

for the words from “it shall submit” to the end there were substituted “ the Scottish Ministers must publish an emergency vaccination plan ”,

(c)

paragraph 3 were omitted.]

“hatchery” [F7means an establishment for incubating eggs, hatching and supplying chicks];

“highly pathogenic avian influenza” means an infection of poultry or other captive birds caused by–

(a)

avian influenza viruses of the subtypes H5 or H7 with genome sequences codifying for multiple basic amino acids at the cleavage site of the haemagglutinin molecule similar to that observed for other highly pathogenic avian influenza viruses, indicating that the haemagglutinin molecule can be cleaved by a host ubiquitous protease; or

(b)

avian influenza viruses with an intravenous pathogenicity index in six-week old chickens greater than 1.2;

“inspector” means an inspector appointed by the Scottish Ministers or a local authority to be an inspector under the Act, and includes a veterinary inspector;

“keeper” means any person responsible for birds or mammals (except man), whether on a permanent or temporary basis, but does not include a person responsible for them solely because he is transporting them;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M4;

“low pathogenic avian influenza” means an infection of poultry or other captive birds caused by avian influenza viruses of subtypes H5 or H7 other than avian influenza viruses of subtypes H5 or H7 which cause highly pathogenic avian influenza;

“non-commercial premises” means premises where poultry or other captive birds are kept by their owners for their own consumption, use or as pets;

“other captive bird” means any bird kept in captivity which is not poultry and includes a bird kept for shows, races, exhibitions, competitions, breeding or for sale;

[F8“packing centre” has the same meaning as in sub-paragraph (q) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs [F9, as last amended by Commission Delegated Regulation (EU) 2017/2168]];

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

“premises” includes any land, building or other place where poultry or other captive birds are bred or kept;

[F10“preventive vaccination plan” has the same meaning as it has in Article 56 of the Directive, reading that Article as if—

(a)

in paragraph 1, for “Member States” there were substituted “ The Scottish Ministers ”,

(b)

in paragraph 2, in the first subparagraph—

(i)

for “a Member State intends” there were substituted “ the Scottish Ministers intend ”,

(ii)

for the words from “it shall submit” to the end there were substituted “ the Scottish Ministers must publish a preventive vaccination plan ”,

(c)

paragraph 3 were omitted.]

[F11“Regulation (EC) No 852/2004” means Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs, as last amended by Regulation (EC) No 219/2009 of the European Parliament and of the Council,]

[F11“Regulation (EC) No 853/2004” means Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin, as last amended by Commission Regulation (EU) 2017/1981,]

“slaughterhouse” means an establishment used for slaughtering and dressing poultry, the meat of which is intended for human consumption and which–

(a)

is approved or conditionally approved under article 31(2) of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of feed and food law, animal health and animal welfare rulesM5 [F12, as last amended by [F13Commission Implementing Regulation (EU) 2018/1587]], or

(b)

although lacking the approval or conditional approval that it requires under article 4(3) of Regulation (EC) No. 853/2004) was, on 31st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995 M6or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 M7;

“special category premises” means non-commercial premises, circuses, zoos, pet shops, wildlife parks, fenced areas where poultry or other captive birds are kept for scientific purposes or for purposes related to the conservation of endangered species, and premises or parts of premises where only breeds of poultry or other captive birds which require to be registered under section 7 of the Wildlife and Countryside Act 1981 M8or which the Scottish Ministers consider to be rare are kept;

“vaccinate” means treat poultry or other captive bird with vaccine against avian influenza;

“vaccination notice” means a notice issued under regulation 12(1)(b) or 13(1)(b);

“vaccination zone” means the geographical area specified in a declaration under regulation 12(1)(a) or 13(1)(a) as being the area within which vaccination against avian influenza is to be carried out;

“vehicle” includes any means of transport and 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; and

“veterinary inspector” means a veterinary inspector appointed by the Scottish Ministers under the Act.

(2) Other expressions defined in the Directive have the same meaning in these Regulations.

Textual Amendments

F1Words in reg. 2(1) inserted (28.6.2013) by The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (S.S.I. 2013/173), arts. 1(1), 20(2)(c)

F2Words in reg. 2(1) omitted (28.6.2013) by virtue of The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (S.S.I. 2013/173), arts. 1(1), 20(2)(a)