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

PART 8 General measures on suspicion or confirmation of avian influenza

Treatment, labelling and movement of meat from poultry from a protection zone

63.—(1) The occupier of a slaughterhouse within or outside a protection zone to which poultry from premises in a protection zone are sent must ensure that—

(a) the poultry are kept separate from poultry from outside the zone;

(b) the poultry are slaughtered separately or at different times from poultry from outside the zone; and

(c) the part of the slaughterhouse and any equipment and any other thing which has been used for the slaughter or subsequent processing of the poultry are cleansed and disinfected in accordance with a veterinary inspector’s instructions before poultry from outside the zone are slaughtered.

(2) No person shall move poultry meat from any slaughterhouse, cutting plant or cold store in a protection zone unless——

(a) the poultry from which it was produced originated outside a protection zone and meat from it is stored and transported separately from meat produced from poultry originating in a protection zone;

(b) the poultry meat was produced at least 21 days before the date a veterinary inspector estimates as the date of earliest infection at premises in the protection zone and has been stored and transported separately from meat produced after that date; or

(c) the poultry meat was produced from poultry originating in the protection zone and complies with the requirements set out in paragraph (3);

(d) the Secretary of State declares otherwise, in a declaration made in accordance with article 30(2)(b).

(3) Poultry meat from poultry originating in the protection zone and referred to in paragraph (2)(c) must—

(a) not be supplied for intra-Community or international trade;

(b) be marked in accordance with the Secretary of State’s instructions;

(c) be obtained, cut, stored and transported separately from meat intended for intra-Community or international trade;

(d) not be used in meat products intended for intra-Community or international trade unless—

(i) it is obtained, cut, transported and stored separately from poultry meat intended for such trade; and

(ii) it has been heat treated at a minimum temperature of 70°C, which temperature must be reached throughout the meat.

(4) Poultry meat from poultry originating outside a protection zone must be cut, transported and stored separately from poultry meat from poultry originating in such a zone.

(5) In this article, “meat product” means a product resulting from the processing of poultry meat or from the further processing of such a product, the cut surface of which shows that it is no longer fresh meat.

Poultry moved to premises outside controlled zones other than for slaughter

64.—(1) The occupier of any premises not in a protection zone or a surveillance zone to which day-old chicks hatched from eggs originating in such a zone are moved must ensure that they are not moved off the premises for at least 21 days from the date they arrived there.

(2) The occupier of any premises not in a protection zone or a surveillance zone to which ready-to-lay poultry from a protection zone are moved must ensure that they are not moved off the premises for at least 21 days from the date they arrived there.

(3) The occupier of any premises outside a low pathogenic avian influenza restricted zone to which poultry are moved from such a zone must ensure that the poultry are not moved off the premises for at least 21 days from the date they arrived there.

(4) The occupier of any premises to which any thing is moved under this article must, for at least 21 days from the date the thing was moved to the premises, make the following daily records—

(a) the number or approximate number of poultry (if any) on the premises;

(b) the number of poultry falling ill on the premises;

(c) the number of poultry dying on the premises;

(d) the amount of feed and, where possible, water being consumed by any poultry on the premises;

(e) any egg production on the premises.

(5) The occupier of commercial poultry premises must ensure that records made under paragraph (4) are kept for at least 6 weeks from the date the last record was made.

(6) The Secretary of State must ensure that such veterinary inquiries as she considers necessary to monitor for avian influenza take place at the premises to which things are moved.

Movements to egg processing plants

65.—(1) The occupier of an egg processing plant to which eggs are moved from suspect premises (under paragraph 6 of Schedule 1) or from infected premises during the unregulated period of infection (under article 24(2)(a)) must ensure that—

(a) the eggs are kept separate from other eggs at the plant from the time they arrive until they are processed;

(b) the shells of the eggs are disposed of;

(c) the packaging used to transport the eggs is destroyed or cleansed and disinfected;

(d) any person involved in the handling and processing of eggs takes appropriate biosecurity measures.

(2) The owner or driver of any vehicle used to transport eggs to an egg processing plant must ensure that it is cleansed and disinfected before the eggs are loaded and after they are unloaded.

(3) Any person involved in the transportation of eggs to an egg processing plant must take such biosecurity measures as he considers necessary to prevent the spread of disease.

Cleansing, disinfection and treatment

66.—(1) Any person who is required under this Order to cleanse, disinfect or treat any premises (other than regulated places) or any thing (including any vehicle under his control) on those premises must do so in accordance with Schedule 3.

(2) Any person who is required under this Order to cleanse, disinfect or treat regulated places, any thing on those premises or any vehicle not referred to in paragraph (1) must do so in accordance with a veterinary inspector’s instructions.

(3) A veterinary inspector may, by notice to the occupier of premises referred to in paragraph (1), provide that part of the premises the subject of that notice and which would otherwise be subject to the requirements of Schedule 3 are subject instead to the requirements of paragraph (2).

(4) Any person who is required to disinfect under this Order must—

(a) use disinfectants authorised by the Secretary of State under the Diseases of Animals (Approved Disinfectants) Order 1978(1);

(b) use them at the concentrations approved under that Order; and

(c) use them—

(i) in accordance with the manufacturer’s instructions (if any); or

(ii) (if a veterinary inspector has instructed otherwise), in accordance with those instructions).

(5) A veterinary inspector must, by notice to the occupier of any premises or to the owner or driver of any vehicle, require the destruction of any thing which may be contaminated with avian influenza virus and which he considers cannot be cleansed, disinfected or treated.

(6) A veterinary inspector may, by notice to the occupier of any premises where avian influenza has been confirmed—

(a) prohibit the keeping of poultry or other captive birds on the premises or on any part of the premises where he believes avian influenza virus may still exist; and

(b) prohibit the entry of any person, vehicle, poultry, other captive bird, mammal or thing onto any premises or part of premises which he believes cannot be cleansed and disinfected.

(7) A veterinary inspector must not revoke a notice served under paragraph (6) unless—

(a) at least a year has passed since the date the notice was served; or

(b) (in the case of fields on the premises or of any other part of the premises which is not a building or part of a building), the Chief Veterinary Officer has confirmed that he may do so.

Restocking

67.—(1) No person shall (unless licensed by a veterinary inspector) restock suspect premises, infected premises or contact premises if poultry or other captive birds kept on those premises have been killed under paragraph 5 of Schedule 3 to the Act.

(2) A veterinary inspector must not license the restocking of commercial poultry premises until at least 21 days after the date final cleansing and disinfection was completed at the premises in accordance with Part 2 of Schedule 3.

Surveillance at restocked commercial poultry premises

68.—(1) The Secretary of State must ensure that the following measures are taken a maximum of 21 days after the date any poultry are brought onto commercial poultry premises or part of those premises for restocking—

(a) the examination of any poultry on the premises by a veterinary inspector;

(b) the taking from such poultry of such samples as the Secretary of State requires and the laboratory testing of such samples for avian influenza;

(c) the testing for avian influenza of such poultry which die on the premises as a veterinary inspector considers necessary.

(2) A veterinary inspector who examines poultry under paragraph (1)(a) may carry out more than one examination of the birds and shall ensure that he carries out at least one examination as close as possible to the end of the 21 day period referred to in paragraph (1).

Additional measures at restocked commercial poultry premises

69.—(1) The occupier of commercial poultry premises which have been restocked must, for at least 21 days from the date of restocking, make the following daily records—

(a) the number or approximate number of poultry on the premises;

(b) the number of poultry falling ill on the premises;

(c) the number of poultry dying on the premises;

(d) the amount of feed and, where possible, water being consumed by poultry on the premises;

(e) any egg production on the premises.

(2) The occupier of commercial poultry premises must ensure that records made under paragraph (1) are kept for at least 6 weeks from the date the last record was made.

Measures at other restocked premises

70.  The Secretary of State may carry out the measures set out in articles 68 and 69 at other restocked premises where poultry or other captive birds are kept.

Designation of premises to which things may be moved

71.—(1) The occupier of the following premises may apply in writing to the Secretary of State for them to be designated for the following purposes—

(a) a slaughterhouse for the purpose of receiving poultry moved under a licence granted under this Order;

(b) a hatchery for the purpose of receiving eggs moved under a licence granted under this Order;

(c) an egg packing centre for the purpose of receiving eggs moved under a licence granted under this Order;

(d) any premises for the purpose of receiving eggs moved under a licence granted under this Order for use for scientific, diagnostic or pharmaceutical purposes.

(2) The Secretary of State must not make any such designation unless she is satisfied that the premises are so constructed and operated that the risk of the transmission of avian influenza from them is minimal.

(3) The following premises are deemed to be designated under paragraph (1)(d), unless the Secretary of State directs otherwise by notice to the occupier of the premises—

(a) premises licensed to manufacture or assemble human vaccines under section 8 of the Medicines Act 1968(2);

(b) premises authorised to manufacture animal vaccines under Regulation 5 of the Veterinary Medicines Regulations 2005(3);

(c) premises licensed under sections 4 or 5 of the Animals (Scientific Procedures) Act 1986(4);

(d) premises licensed under article 4 of the Specified Animal Pathogens Order 1998(5).

Duty to provide reasonable assistance

72.—(1) Any person required to give reasonable assistance or information to a person executing this Order must, unless he has reasonable cause, do so without delay.

(2) The occupier of any premises from or to which he wishes any thing to be moved under licence under this Order must allow any person authorised by the Secretary of State to enter those premises for the purposes of deciding whether or not such a licence should be granted or maintained.

Provision of information

73.  No person shall furnish information which he knows to be false or misleading to a person executing this Order.

Records of movements authorised by general licence

74.  Any person moving poultry, other captive birds or their products under a licence granted under this Order must, as soon after the movement as is reasonably practicable, make a record of the date of the movement and the registration of any vehicle used and must retain the record for at least six weeks after the date of the movement.

Retention and production of records

75.—(1) Any person who is required by this Order to make or keep- a record must—

(a) retain it for at least twelve months from the date the record is made (unless otherwise required under this Order); and

(b) produce it on demand to an inspector and provide him with copies, if required.

(2) An inspector may enter any premises for the purpose of inspecting any records required to be kept under this Order and may copy any such records (in whatever form they are held), take them away and require any computer records to be produced in a form which can be taken away.

Duty to comply with declarations, licences and notices

76.  Any person to whom any requirement in a declaration, licence, notice or designation under this Order applies must—

(a) comply with the requirement (unless authorised otherwise by licence); and

(b) comply with any reasonable requests which an inspector may make to him to ensure that the requirement is met.

Costs of compliance

77.  The costs incurred by any person in taking any action required by, or of refraining from taking action prohibited by, this Order (or of any declaration, licence, notice or designation under it) must be met by that person unless the Secretary of State directs otherwise in writing.

Killing of birds and destruction of things which may be contaminated

78.—(1) Before causing poultry or other birds to be killed under paragraph 5 of Schedule 3 to the Act, the Secretary of State must give notice of her intention to do so to the occupier of the premises where the birds are kept or to their keeper.

(2) Before causing any mammal to be killed under section 32 of the Act, the Secretary of State must give notice of her intention to do so to the occupier of the premises where the mammal is kept or to its keeper.

(3) Before causing the seizure of any thing under the Diseases of Animals (Seizure) Order 1993(6) for the purposes of this Order, the Secretary of State must give notice of her intention to do so—

(a) to the occupier of the premises where the thing is kept; or

(b) to the owner or keeper of the thing.

Duty of the local authority to erect signs

79.—(1) The local authority must, if reasonably practicable, ensure that the boundaries of controlled zones other than avian influenza (restrictions on mammals) zones are indicated by signs erected in a conspicuous position on roads entering the zones on which poultry are likely to be moved.

(2) The local authority must, if reasonably practicable, ensure that the boundaries of avian influenza (restrictions on mammals) zones are indicated by signs erected in a conspicuous position on roads entering the zones on which mammals, or mammals specified in the declaration of the zones, are likely to be moved.

(1)

S.I. 1978, amended by S.I. 2005/1908; there are other amending instruments but none is relevant.

(2)

1968 c. 67.

(3)

S.I. 2005/2745.

(4)

1986 c. 14.

(5)

S.I. 1998/463.

(6)

S.I. 1993/1685.