The Avian Influenza and Influenza of Avian Origin in Mammals (England) Order 2006 (revoked)

PART 5 E+W+S Measures on suspicion or confirmation of highly pathogenic avian influenza in regulated places and vehicles

Veterinary measures at slaughterhouses E+W+S

37.—(1) The Secretary of State must, if she suspects that highly pathogenic avian influenza exists at any slaughterhouse or has confirmed that it exists there—

(a) serve a notice on the occupier of the slaughterhouse informing him of this; and

(b) ensure that a veterinary inquiry is carried out at the slaughterhouse.

(2) No person shall move poultry from any slaughterhouse where highly pathogenic avian influenza is suspected or has been confirmed.

Veterinary measures where avian influenza is suspected or confirmed in vehicles E+W+S

38.—(1) The Secretary of State must, if she suspects that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists in any vehicle or has confirmed that it exists there—

(a) serve a notice on the person in charge of the vehicle informing him of this; and

(b) ensure that a veterinary inquiry is carried out in relation to the vehicle.

(2) An inspector who knows or suspects that any poultry or other captive birds in transit are infected or contaminated with avian influenza may serve a notice on the keeper of the bird—

(a) directing movement of the bird to such premises as the inspector thinks fit; and

(b) requiring the detention at such place as the inspector directs of any vehicle, equipment or other thing suspected of being contaminated until it has been cleansed and disinfected as directed by the inspector.

(3) Any expenses arising from the transport of any bird (including feeding, watering and any other expenses incurred in relation to the welfare of the bird) must be paid by its owner.

Killing of birds in slaughterhouses where disease is suspected or confirmed E+W+S

39.  The occupier of a slaughterhouse where highly pathogenic avian influenza is suspected or confirmed must ensure that all poultry present on the premises at the date a notice is served on him under article 37(1) are killed there without delay and in accordance with a veterinary inspector’s instructions.

Poultry meat and by-products in slaughterhouses where disease is suspected or confirmed E+W+S

40.—(1) The occupier of a slaughterhouse where highly pathogenic avian influenza is suspected or confirmed must, in accordance with a veterinary inspector’s instructions—

(a) keep poultry referred to in article 39 separate from any other poultry subsequently arriving at the slaughterhouse; and

(b) keep the following separate from other carcases, poultry meat and by-products—

(i) carcases and poultry meat from poultry referred to in article 39;

(ii) the by-products of such poultry;

(iii) poultry meat from any other poultry which may have been contaminated at the slaughterhouse during the killing of such poultry or the production process;

(iv) the by-products of the poultry referred to in paragraph (iii).

(2) Paragraph (1) applies to poultry moved to a slaughterhouse—

(a) from a border inspection post in accordance with article 41(2), as if references to article 39 were to that article; and

(b) on a vehicle in accordance with article 42, as if references to article 39 were to that article.

(3) The occupier of a slaughterhouse where highly pathogenic avian influenza is confirmed must, in accordance with the Secretary of State’s instructions, dispose of the things set out in sub-paragraphs (1)(b) or assist a veterinary inspector in removing those things from the premises.

Measures at border inspection posts E+W+S

41.—(1) The Secretary of State must, if she considers it necessary to reduce the risk of the spread of disease—

(a) require a veterinary inquiry to be carried out at a border inspection post where avian influenza is suspected or has been confirmed; and

(b) impose (by notice to the occupier of the border inspection post) such of the measures set out in Schedule 1 as she considers appropriate.

(2) The Secretary of State must, by notice to the occupier of the border inspection post, direct where birds specified in the notice are to be killed, slaughtered or isolated.

(3) The Secretary of State must ensure that poultry and other captive birds at border inspection posts which are to be killed under paragraph 5 of Schedule 3 to the Act are killed or slaughtered without delay.

(4) The Secretary of State must ensure that poultry and other captive birds which are not to be so killed or slaughtered are kept isolated in accordance with a veterinary inspector’s instructions.

Measures if avian influenza is suspected or confirmed in a vehicle E+W+S

42.  The Secretary of State must, by notice to the owner or driver of any vehicle transporting birds which are suspected or confirmed as having highly pathogenic avian influenza, direct where birds specified in the notice are to be moved to be killed, slaughtered or isolated.

Cleansing and disinfection of regulated places and vehicles E+W+S

43.—(1) The occupier of any regulated place where highly pathogenic avian influenza is suspected or confirmed must cleanse and disinfect those premises and any equipment and vehicles on those premises which may be contaminated in accordance with a veterinary inspector’s instructions.

(2) The owner or driver of any vehicle on which highly pathogenic avian influenza is suspected or confirmed must cleanse and disinfect the vehicle in accordance with a veterinary inspector’s instructions.

Reintroduction of poultry and other captive birds E+W+S

44.—(1) No person shall reintroduce poultry to a slaughterhouse where highly pathogenic avian influenza was suspected or confirmed until an inspector has confirmed that the cleansing and disinfection referred to in article 43 has been carried out.

(2) No person shall reintroduce poultry or other captive birds to a border inspection post where highly pathogenic avian influenza was suspected or confirmed until an inspector has confirmed that the cleansing and disinfection referred to in article 43 has been carried out.

(3) The Secretary of State may, by notice to the occupier of such a border inspection post, and if she considers it necessary to reduce the risk of the spread of avian influenza, prohibit the introduction of animals other than birds onto the premises until such cleansing and disinfection has been carried out.

Measures at other premises E+W+S

45.—(1) The Secretary of State must, if she suspects that highly pathogenic avian influenza or highly pathogenic avian influenza virus exists at any slaughterhouse or in any vehicle or has confirmed that it exists there—

(a) apply the measures set out in Schedule 1 to the premises of origin;

(b) apply the measures set out in Schedule 1 to premises which she considers to be suspect premises (because of their epidemiological link with the premises of origin);

(c) apply the measures set out in Schedule 2 to the premises of origin, unless she is satisfied (having considered the results of veterinary inquiries) that this is not necessary.

(2) The Secretary of State must, if she suspects that highly pathogenic avian influenza exists at any border inspection post or has confirmed that it exists there, apply the measures set out in Schedule 1 to premises which she considers to be suspect premises (because of their epidemiological link with the border inspection post).

(3) The Chief Veterinary Officer must apply measures under this article by notice to the occupier of the relevant premises.

(4) In this article, “premises of origin” means any premises from which poultry or other captive birds which may be infected were moved to the slaughterhouse or on the vehicle.