Article 9
1. The occupier must make and update daily a record of poultry, other captive birds and mammals kept on the premises showing, for each species, the number or approximate number —
(a)alive;
(b)which have died;
(c)which show clinical signs of avian influenza;
(d)he thinks are likely to be infected;
(e)born or hatched.
2.—(1) The occupier must ensure that poultry and other captive birds are—
(a)housed; or
(b)kept isolated (if so directed by a veterinary inspector on the basis that housing is impractical or would adversely affect the birds' welfare to a significant degree).
(2) The occupier must take all reasonable steps to minimise contact with wild birds, in accordance with a veterinary inspector's instructions.
3. No person shall move any poultry or other captive birds to or from the premises unless licensed by a veterinary inspector.
4. No person may remove from the premises any carcase, poultry meat, poultry feed, utensils, material, waste, droppings, poultry or other captive bird manure, slurry, used litter or anything else liable to transmit avian influenza unless he is licensed by a veterinary inspector [F1, and observes appropriate biosecurity measures in order to minimise the risk of spread of disease].
Textual Amendments
F1Words in Sch. 1 para. 4 inserted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(17)
5.—(1) No person shall move to or from the premises and no person shall move any mammal, vehicle or equipment to or from the premises unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.
(2) Sub-paragraph (1) does not apply to pet animals which—
(a)only have access to that part of the premises where people live;
(b)have no contact with poultry or other captive birds on the premises; and
(c)have no access to any cages or areas on the premises where poultry or other captive birds are kept.
6. No person shall move any eggs from the premises except, under the authority of a licence granted by a veterinary inspector—
(a)directly to an egg processing plant; or
(b)for disposal.
7. Any person moving eggs under paragraph 6(a) must ensure that—
(a)each consignment of eggs is sealed, by a veterinary inspector or in accordance with his instructions, before dispatch; and
(b)vehicles used to transport the eggs to the plant have been cleansed and disinfected before the eggs are loaded.
8. No person shall tamper with a seal attached under paragraph 7 or remove it before the consignment arrives at its destination.
9. The occupier must, in accordance with an inspector's instructions, provide and maintain means of disinfection at the entrances and exits of the premises and of buildings housing poultry or other captive birds M1.
Marginal Citations
M1Disinfectants approved for use under this Order are set out in the Schedules to the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32, amended by S.I. 1999/919, S.I. 2005/1908 and S.I. 2006/1197; there are other amending instruments but these do not relate to avian influenza.).
Article 13
1. The occupier must give all reasonable assistance to any person exercising a duty relating to the killing of poultry or other captive birds under paragraph 5 of Schedule 3 to the Act or to the seizure of any thing under the Diseases of Animals (Seizure) Order 1993 M2.
Marginal Citations
2. The occupier must take such action as a veterinary inspector reasonably requires to reduce the risk of the spread of avian influenza to wild birds.
3. The occupier must ensure that all carcases and eggs not seized or disposed of by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions (unless the veterinary inspector licenses their use for diagnosis of disease).
4. The occupier must give all reasonable assistance to a veterinary inspector in the tracing of any thing liable to transmit avian influenza to or from the premises.
5. The occupier must cleanse and disinfect the infected premises in accordance with article 66 and Schedule 3.
6. The occupier must not restock the premises except in accordance with article 67.
7. In the case of a primary outbreak—
(a)the Secretary of State must submit the virus isolate to the national reference laboratory as soon as practicable;
(b)the national reference laboratory must subject that virus isolate to the laboratory procedures specified within the diagnostic manual for the purpose of identifying the genetic subtype;]
Textual Amendments
F2Sch. 2 para. 7 inserted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(18)
Article 36
1.—(1) Any person carrying out cleansing, disinfection and treatment (including measures to control rodents and insects) must do so in accordance with this Part or (if different) with any instructions given by a veterinary inspector.
(2) Any person using a disinfectant or degreasing agent under this Order must ensure that they are used as effectively as possible and must, in particular, give consideration to the following in deciding which products to use and how to use them—
(a)the nature of the premises to be cleansed or disinfected;
(b)the type of vehicle or other thing to be cleansed or disinfected;
(c)any instructions from the manufacturer of the product (or of a veterinary inspector) as to pressure, minimum temperature and required contact time.
(3) A person cleansing and disinfecting under this Order must ensure that—
(a)bedding, litter and faecal matter are thoroughly soaked with disinfectant;
(b)equipment and installations which would otherwise impair effective cleansing and disinfecting are, where possible, removed or dismantled and either cleansed and disinfected or destroyed, if this is considered necessary by the person carrying out the cleansing and disinfecting or is required by a veterinary inspector;
(c)the ground, any floors, ramps and walls are washed and cleansed by thorough brushing and scrubbing.
(4) A person washing with liquids applied under pressure must avoid recontaminating areas or parts previously cleansed.
(5) A person who has cleansed and disinfected part of any premises must avoid recontaminating that part as he cleanses and disinfects other parts.
(6) A person carrying out a cleansing or disinfecting procedure must ensure that a written record of that procedure is made, showing the date and time the procedure took place.
(7) A person who makes such a record must keep it at the premises or (if he is a person in charge of a vehicle and the procedure involved cleansing or disinfecting that vehicle), with the vehicle.
2. This Part applies to the cleansing and disinfecting of infected premises except to the extent that its requirements are varied by a veterinary inspector.
3. Cleansing and disinfection must be carried out during and after the killing of poultry or other captive birds and in accordance with a veterinary inspector's instructions.
4. A person carrying out a cleansing or disinfection procedure must take all appropriate measures to reduce the risk of avian influenza virus spreading and must, in particular—
(a)use appropriate equipment;
(b)wear protective clothing (which must be cleansed and disinfected or disposed of after use);
(c)take a shower after the cleansing and disinfection;
(d)cleanse and disinfect any equipment which may be contaminated before it is removed from the premises;
(e)turn off the power supply to any ventilation system, if required to do so by a veterinary inspector.
5. Following killing—
(a)carcases must be sprayed with disinfectant;
(b)transportation of carcases and of any tissue or blood spilled during killing or post-mortem examination from the infected premises for disposal must be in closed, leak-proof containers and in accordance with a veterinary inspector's instructions;
(c)the following parts of the infected premises must have disinfectant applied as soon as the killed poultry and other captive birds have been removed—
(i)parts where the poultry or other captive birds were housed;
(ii)parts contaminated during the killing of the poultry or other captive birds;
(iii)parts contaminated during any post-mortem examination;
(d)any tissue or blood spilled during the killing or any post-mortem must be collected and disposed of with the killed poultry or other captive birds;
(e)disinfectant must remain on the surfaces to which it has been applied for at least 24 hours.
6. Following preliminary cleansing and disinfection—
(a)manure and used bedding must be treated in accordance with Part 3 of this Schedule; and
(b)all surfaces must be subjected to the following procedures—
(i)grease and dirt must be removed from them by the application of a degreasing agent;
(ii)they must then be cleansed with water;
(iii)they must be washed with cold water, following which further disinfectant must be applied;
(iv)after seven days, they must again be treated with a degreasing agent, rinsed with water, sprayed with disinfectant and rinsed again with water.
7. Manure and used bedding which may be contaminated must be—
(a)steam treated at a temperature of at least 70°C;
(b)destroyed by burning;
(c)buried deep enough to prevent access by wild birds and animals; or
(d)stacked to heat, sprayed with disinfectant and left for at least 42 days.
8. Slurry which may be contaminated must be stored for at least 60 days after the last addition of infectious material unless, in the case of slurry which has been treated in accordance with a veterinary inspector's instructions, a veterinary inspector authorises a shorter storage period.
9. Manure, litter and bedding which may be contaminated may, if licensed by a veterinary inspector, be moved to—
(a)a treatment plant carrying out procedures for the destruction of avian influenza virus;
(b)storage prior to destruction; or
(c)such other place as the veterinary inspector may license.
10. The transport of such manure, litter or bedding must be in closed, leak-proof vehicles or containers and in accordance with a veterinary inspector's instructions.
Article 30
1. Subject to paragraph 5, the occupier of any premises in the zone where poultry or other captive birds are kept must make records of—
(a)the name and address of any person visiting the premises (unless the visit is only to a part of the premises where people live and where no poultry or other captive birds are kept);
(b)the date of the visit;
(c)whether the person had any contact with poultry or other captive birds on the premises.
2. The occupier of any premises in the zone must make a record of all poultry entering or leaving those premises as soon as reasonably practicable after the movement.
3. Subject to paragraph 5, any person who is engaged in the transport or marketing of poultry or poultry eggs in the zone must make a record as soon as reasonably practicable of all poultry and poultry eggs transported or marketed by him.
4. The records referred to in paragraphs 2 and 3 above must include—
(a)the quantity and description (including species of poultry or type of egg) transported or marketed;
(b)in the case of a movement from premises in the zone—
(i)the date of the movement off the premises;
(ii)the premises of destination (if known);
(iii)the name and address of the person to whom ownership or possession is being or has been transferred;
(c)in the case of a movement on to premises in the zone—
(i)the date of the movement;
(ii)the premises from which the movement originated (if known);
(iii)the name and address of the person from whom ownership or possession is being or has been transferred;
(d)in the case of marketing without an associated movement, the identity and address of the person to whom and the date on which ownership was transferred;
5. Paragraphs 1 and 3 do not apply in respect of—
(a)a movement of eggs direct to retail premises, at or from such premises or subsequent to such a movement;
(b)the movement of people to zoos, wildlife parks or (unless required by the Secretary of State) any other premises open to the public, provided the public has no access to any area where birds are kept;
(c)the movement of the following onto any premises where poultry or other captive birds are kept—
(i)any person on a public right of way or exercising a right of access to the premises;
(ii)trespassers;
(iii)any person executing this Order.
6. The occupier of premises in the zone where poultry or other captive birds are kept must ensure that they are—
(a)housed; or
(b)kept isolated (if so directed by a veterinary inspector on the basis that housing is impractical or would adversely affect the birds' welfare to a significant degree).
7. If birds are kept isolated but not housed, the occupier must—
(a)ensure that they have no contact with poultry or other captive birds on other premises; and
(b)take all reasonable steps to minimise their contact with wild birds, in accordance with a veterinary inspector's instructions.
8.—(1) Subject to sub-paragraph 2), no person shall move poultry, other captive birds or mammals from or to premises in the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.
(2) Sub-paragraph (1) does not apply to pet animals which—
(a)only have access to that part of the premises where people live;
(b)have no contact with poultry or other captive birds on the premises; and
(c)have no access to any cages or areas on the premises where poultry or other captive birds are kept.
9. The occupier must ensure that all carcases not seized or disposed of by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions (unless he licenses their use for diagnosis of disease).
10. The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—
(a)take such biosecurity measures as he considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and
(b)comply with any biosecurity requirements which a veterinary inspector or an inspector under the direction of a veterinary inspector, by notice to him, imposes.
11. No person shall remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.
12. No person shall permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering in the zone.
13. No person shall release game birds.
14. No person shall move any poultry, eggs, poultry meat or carcases within or out of the zone unless the movement is—
(a)set out in paragraph 16 and is—
(i)direct; and
(ii)licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector;
(b)of table eggs direct to wholesale or retail premises, or subsequent to such a movement; or
(c)within the same premises.
15. Poultry and eggs may be transported through the zone on a major highway or railway if no stop is made within the zone.
16. The movements referred to in paragraph 14(a) are movements of the following—
(a)poultry from premises in the zone for immediate slaughter at a designated slaughterhouse (if the requirements of paragraph 17 are met);
(b)poultry meat (if the requirements of paragraph 18 are met);
(c)poultry to a designated slaughterhouse in the zone from premises outside the zone (if the requirements of paragraph 19 are met);
(d)day-old chicks hatched from eggs produced in the zone or from eggs which came into contact with such eggs (if the requirements of paragraph 20 are met);
(e)day-old chicks hatched from eggs originating outside the protection zone kept separate from eggs produced in such a zone (if the requirements of paragraph 21 are met);
(f)ready-to-lay poultry [F3or brood-and-move Galliformes] to premises or part of premises where no poultry are kept (if the requirements of paragraph 22 are met);
(g)hatching eggs from outside the zone to a designated hatchery in the zone or to designated premises for use for scientific, diagnostic or pharmaceutical purposes;
(h)hatching eggs from the zone—
(i)to a designated hatchery; or
(ii)to designated premises for use for scientific, diagnostic or pharmaceutical purposes (if, in both cases, the requirements of paragraph 23 are met);
(i)eggs to a designated egg packing centre (if the requirements of paragraph 24 are met);
(j)eggs to an egg processing plant;
(k)eggs for disposal;
(l)carcases for disposal or diagnosis.
[F4(m)poultry and other captive birds to a veterinary surgery for treatment, or return to the premises of origin following such a movement.]
Textual Amendments
F3Words in Sch. 4 para. 16(f) inserted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(19)(a)(i)
F4Sch. 4 para. 16(m) inserted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(19)(a)(ii)
17. Poultry must not be moved to a designated slaughterhouse unless the following requirements are met—
(a)a veterinary inspector must have examined poultry at the premises no more than 24 hours before they leave the premises; and
(b)the poultry are transported in vehicles sealed by a veterinary inspector or in accordance with his instructions.
[F5(c)where appropriate, laboratory tests have been carried out on poultry on the premises of origin in accordance with the diagnostic manual;
(d)where the movement is within the United Kingdom, the appropriate minister responsible for the designated slaughterhouse has been informed and has agreed to receive the poultry.]
Textual Amendments
F5Sch. 4 para. 17(c)(d) inserted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(19)(b)
18. Poultry meat from poultry within the zone must not be moved from a designated slaughterhouse unless it meets the requirements of article 63(2).
19. Poultry from premises outside the zone must not be moved to a designated slaughterhouse in the zone unless the poultry are kept separate from poultry originating within the zone.
20.—(1) Day-old chicks hatched from eggs produced in the zone, or hatched from eggs which had contact with such eggs, must not be moved unless—
(a)they are transported in vehicles sealed by a veterinary inspector or in accordance with his instructions;
(b)appropriate biosecurity measures are applied during transport and are to be applied at the premises of destination;
(c)if moved outside the protection or surveillance zone, the poultry are to remain on the premises of destination for at least 21 days.
(2) The occupier of premises to which day-old chicks are transported in accordance with paragraph (1) must not move the day-old chicks from those premises for a period of 21 days following movement of the chicks onto the premises.]
Textual Amendments
F6Sch. 4 para. 20 substituted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(19)(c)
21. Day-old chicks from eggs originating outside the protection zone must not be moved unless the hatchery within the protection zone is operated in such a way that those eggs do not come into contact with eggs or day-old chicks from within the zone.
22. Ready-to-lay poultry [F7or brood-and-move Galliformes] must not be moved from premises within the zone unless—
(a)poultry and other captive birds at the premises have been examined by a veterinary inspector; and
(b)the ready-to-lay poultry [F8or brood-and-move Galliformes] are transported in vehicles sealed by the veterinary inspector or in accordance with his instructions.
Textual Amendments
F7Words in Sch. 4 para. 22 inserted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(19)(d)(i)
F8Words in Sch. 4 para. 22(b) inserted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(19)(d)(ii)
23. Hatching eggs must not be moved from the zone to a designated hatchery, or to designated premises for use for scientific, diagnostic or pharmaceutical purposes unless—
(a)a veterinary inspector has confirmed that he does not suspect avian influenza in the flocks from which the eggs derive;
(b)the eggs and their packaging are disinfected before dispatch; and
(c)the eggs are transported in vehicles sealed by a veterinary inspector or in accordance with his instructions.
24. Eggs must not be moved to a designated egg packing centre unless—
(a)they are packed in disposable packaging [F9or packaging which is cleansed and disinfected in accordance with the instructions of a veterinary inspector]; and
(b)any person transporting the eggs complies with any biosecurity requirements laid down by a veterinary inspector, by notice or by licence condition.
Textual Amendments
F9Words in Sch. 4 para. 24(a) inserted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(19)(e)
25. The occupier of a slaughterhouse to which poultry from the zone is sent must ensure that the requirements of article 63 are met.
26. Poultry meat in the zone from poultry originating in the zone is subject to the requirements set out in article 63(3) and 63(4).
27. Poultry meat in the zone from poultry originating outside the zone is subject to the requirements set out in article 63(3)(a).
28. A person who moves any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.
29. A person who enters or leaves premises in the zone by vehicle must cleanse and disinfect any part of the vehicle which may have been contaminated without delay, in accordance with article 66.
30. No person shall enter any place the subject of a restriction notice under article 79 except in accordance with that notice or with article 35.
Article 31
1. Subject to paragraph 5, the occupier of any premises where poultry or other captive birds are kept must make records of—
(a)the name and address of any person visiting the premises (unless the visit is only to a part of the premises where people live and where no poultry or other captive birds are kept);
(b)the date of the visit;
(c)whether the person had any contact with poultry or other captive birds on the premises.
[F102. The occupier of any premises where poultry or other captive birds are kept in the zone must—
(a)make a record of all poultry entering or leaving those premises as soon as reasonably practicable after the movement;
(b)immediately report to the Secretary of State any increased morbidity or mortality or significant drop in egg production or, where relevant, feed or water intake, or other relevant information relating to the production of eggs on the premises.]
Textual Amendments
F10Sch. 5 para. 2 substituted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(20)(a)
3. Subject to paragraph 5, any person who is engaged in the transport or marketing of poultry or poultry eggs in the zone must, as soon as is reasonably practicable, make a record of all poultry and poultry eggs transported or marketed by him.
4. The records referred to in paragraphs 2 and 3 above must include—
(a)the quantity and description (including species of poultry and type of egg) transported or marketed;
(b)in the case of a movement from premises in the zone—
(i)the date of the movement off the premises;
(ii)the premises of destination (if known);
(iii)the name and address of the person to whom ownership or possession is being or has been transferred;
(c)in the case of a movement onto premises in the zone—
(i)the date of the movement;
(ii)the premises from which the movement originated (if known);
(iii)the name and address of the person from whom ownership or possession is being or has been transferred;
(d)in the case of marketing without an associated movement, the identity and address of the person to whom and the date on which ownership was transferred.
5. Paragraphs 1 and 3 do not apply in respect of the movement of—
(a)eggs direct to retail premises, at or from such premise or subsequent to such a movement;
(b)people to zoos, wildlife parks or (unless required by the Secretary of State) any other premises open to the public, provided the public has no access to any area where birds are kept;
(c)the following onto any premises where poultry or other captive birds are kept—
(i)any person on a public right of way or exercising any other right of access to the premises;
(ii)trespassers;
(iii)any person executing this Order.
6.—(1) Subject to sub-paragraph (2), no person shall move poultry, other captive birds or mammals from or to premises in the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.
(2) Sub-paragraph (1) does not apply to pet animals which—
(a)only have access to that part of the premises where people live;
(b)have no contact with poultry or other captive birds on the premises; and
(c)have no access to any cages or areas on the premises where poultry or other captive birds are kept.
7. The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—
(a)take such biosecurity measures as he considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and
(b)comply with any biosecurity requirements which a veterinary inspector or an inspector under the direction of a veterinary inspector by notice to him, imposes.
8.—[F11(1)] No person shall remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.
[F12(2) The movement of manure, with appropriate biosecurity measures in place, may be authorised, by a veterinary inspector, from premises situated in a surveillance zone to a designated plant, for treatment or immediate storage for subsequent treatment, to mitigate against the risk of the spread of avian influenza virus.]
Textual Amendments
F11Sch. 5 para. 8 renumbered as Sch. 5 para. 8(1) (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(20)(b)(i)
F12Sch. 5 para. 8(2) inserted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(20)(b)(ii)
9. No person shall permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering in the zone.
10. No person shall release game birds.
11. Subject to paragraph 12, no person shall move any poultry or eggs within the zone (other than through the zone by road or rail without stopping), unless [F13they comply with all relevant biosecurity measures laid down by a veterinary inspector in licence conditions.]
Textual Amendments
F13Words in Sch. 5 para. 11 substituted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(20)(c)
12. Paragraph 11 does not apply to the movement of eggs direct to wholesale or retail premises, or subsequent to such a movement.
13. A veterinary inspector must not grant a licence under paragraph 11 unless he is satisfied that the licensee will take appropriate biosecurity measures and the taking of such measures must be conditions of the licence.
14. A veterinary inspector may license the movement of poultry from outside any avian influenza protection and surveillance zones to a slaughterhouse within the surveillance zone and subsequent movements of the meat derived from such poultry.
15.—(1) Subject to paragraph 16, no person shall move any poultry or eggs out of the zone, unless the movement is—
(a)a movement set out in sub-paragraph (2); and
(b)licensed by a veterinary inspector.
(2) The movements referred to in sub-paragraph (1) are movements of—
(a)poultry for slaughter (if the requirements of paragraph 17 are met);
(b)day-old chicks hatched from eggs originating within the protection or surveillance zone or from eggs which came into contact with such eggs (if the requirements of paragraph 18 are met);
(c)day-old chicks hatched from eggs originating outside the protection and surveillance zones kept separate from eggs produced in such a zone (if the requirements of paragraph 19 are met);
(d)ready-to-lay poultry [F14or brood-and-move Galliformes] to premises or a part of any premises where no poultry are kept;
(e)hatching eggs from the zone—
(i)to a designated hatchery; or
(ii)to designated premises for use for scientific, diagnostic or pharmaceutical purposes (if, in both cases, the requirements of paragraph 20 are met);
(f)eggs to a designated egg packing centre (if the requirements of paragraph 21 are met);
(g)eggs to an egg processing plant;
(h)eggs for disposal.
[F15(i)poultry to a veterinary surgery for treatment, or to the premises of origin on return following such a movement.]
Textual Amendments
F14Words in Sch. 5 para. 15(2)(d) inserted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(20)(d)(i)
16. Paragraph 15 does not apply to a movement of table eggs direct to wholesale or retail premises or subsequent to such a movement.
[F1617. Poultry must not be moved from premises in the zone to a designated slaughterhouse outside the zone unless the following requirements are met—
(a)a veterinary inspector has examined the poultry at the premises no more than 24 hours before they leave the premises;
(b)on the basis of a risk assessment, samples have been taken from the poultry and tested for avian influenza in accordance with the diagnostic manual;
(c)the appropriate minister responsible for the designated slaughterhouse has been informed and has agreed to receive the poultry.]
Textual Amendments
F16Sch. 5 para. 17 substituted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(20)(e)
18. Day-old chicks from eggs produced within the protection or surveillance zone or from eggs which have had contact with such eggs must not be moved unless any biosecurity measures laid down by a veterinary inspector by notice or licence condition are complied with.
19. Day-old chicks from eggs originating outside any avian influenza protection and surveillance zones must not be moved unless the hatchery within the zone is operated in such a way that eggs from outside the zone do not come into contact with eggs or day-old chicks from within the zone.
20. Hatching eggs must not be moved from the zone to a designated hatchery or to designated premises for use for scientific, diagnostic or pharmaceutical purposes unless the eggs and their packaging are disinfected before they leave the premises.
21. Eggs must not be moved to a designated egg packing centre unless—
(a)they are packed in disposable packaging [F17or packaging which has been cleansed and disinfected in accordance with the instructions of a veterinary inspector]; and
(b)any person transporting the eggs complies with any biosecurity measures laid down by a veterinary inspector.
Textual Amendments
F17Words in Sch. 5 para. 21(a) inserted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(20)(f)
22. A person who transports any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.
23. A person who enters or leaves premises in the zone by vehicle must cleanse and disinfect without delay any part of the vehicle which may have been contaminated, in accordance with article 66.
Article 46
1. The occupier must make and update daily a record of poultry, other captive birds and mammals kept on the premises showing, for each species the number or approximate number—
(a)alive;
(b)which have died;
(c)which show clinical signs of avian influenza;
(d)which he thinks are likely to be infected;
(e)born or hatched.
2.—(1) The occupier must ensure that poultry and other captive birds are—
(a)housed; or
(b)kept isolated (if so directed by a veterinary inspector on the basis that housing is impractical or would adversely affect the birds' welfare to an significant degree).
(2) If the birds are kept isolated, the occupier must take all reasonable steps to minimise their contact with wild birds, in accordance with a veterinary inspector's instructions.
3. No person shall move any poultry or other captive birds to or from the premises, unless licensed by a veterinary inspector.
4. No person shall move any poultry or other captive bird to a slaughterhouse unless—
(a)the slaughterhouse is a designated slaughterhouse;
(b)the poultry are sent directly to the slaughterhouse; and
(c)they are transported in vehicles sealed by a veterinary inspector or in accordance with his instructions.
5. No person shall tamper with a seal on a vehicle transporting poultry to a slaughterhouse or remove it until the vehicle has arrived at the slaughterhouse.
6. A person who transports any bird or any thing which may be contaminated must, as soon as the bird or thing is unloaded, cleanse and disinfect the vehicle and any equipment used for transportation in accordance with article 66.
7.—(1) Subject to paragraph (2), no person shall move to or from the premises and no person shall move any mammal, vehicle or equipment to or from the premises, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.
(2) Sub-paragraph (1) does not apply to pet animals which—
(a)only have access to that part of the premises where people live;
(b)have no contact with poultry or other captive birds on the premises; and
(c)have no access to any cages or areas on the premises where poultry or other captive birds are kept.
8. The occupier must ensure that carcases are disposed of as soon as possible in accordance with a veterinary inspector's instructions (unless he licenses their use for diagnosis of disease).
9. Subject to paragraph 10, the occupier must ensure that eggs on the premises which are to be disposed of and which are not seized by a veterinary inspector are disposed of in accordance with a veterinary inspector's instructions.
10. A veterinary inspector may, by notice to the occupier of special category premises, direct that hatching eggs on those premise need not be disposed of.
11. The occupier must give all reasonable assistance to a veterinary inspector in the tracing of any thing liable to transmit avian influenza from and to the premises.
12. The occupier of the premises must ensure that manure, slurry and bedding which may be contaminated are treated in accordance with article 66.
13. The occupier must cleanse and disinfect the premises in accordance with article 66 and Schedule 3.
14. The occupier of the premises must ensure that any other material or substance which may be contaminated is treated in accordance with a veterinary inspector's instructions or disposed of.
15. The occupier must give all reasonable assistance to any person exercising a function relating to the killing of poultry or other captive birds under paragraph 5 of Schedule 3 to the Act or to the seizure of any thing under the Diseases of Animals (Seizure) Order 1993 M3.
Marginal Citations
16. No person shall move any eggs from the premises unless licensed by a veterinary inspector.
17. The occupier must, in accordance with an inspector's instructions, provide and maintain means of disinfection at the entrances and exits of the premises and of buildings housing poultry or other captive birds M4.
Marginal Citations
M4Disinfectants approved for use under this Order are set out in the Schedules to the Diseases of Animals (Approved Disinfectants) Order 1978 (S.I. 1978/32,.amended by S.I. 1999/919, S.I. 2005/1908 and S.I. 2006/1197; there are other amending instruments but these do not relate to this Order).
18. The following are the criteria to be considered by a veterinary inspector before permitting movements from premises where low pathogenic avian influenza has been confirmed—
(a)the species of birds on the premises;
(b)the number of premises he knows to contain poultry or other captive birds in the area around the premises;
(c)the location of slaughterhouses, hatcheries and egg packing centres to which poultry and eggs could be moved;
(d)biosecurity measures already in place or which could be applied at the premises, during movement and during slaughter;
(e)possible routes on which things could be moved;
(f)any evidence of disease spread;
(g)any risk to human health;
(h)any treatment procedures which could be applied to any thing to be moved.
Article 57
1.—(1) Subject to sub-paragraph (2), no person shall move poultry, other captive birds or mammals from or to premises within the zone where poultry or other captive birds are kept, unless the movement is licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.
(2) Paragraph (1) does not apply to pet animals which—
(a)only have access to that part of the premises where people live;
(b)have no contact with poultry or other captive birds on the premises; and
(c)have no access to any cages or areas on the premises where poultry or other captive birds are kept.
2. The occupier and any person entering or leaving premises in the zone where poultry, other captive birds or eggs are kept must—
(a)take such biosecurity measures as he considers necessary to reduce the risk of the spread of avian influenza to or from the premises; and
(b)comply with any biosecurity requirements which a veterinary inspector or an inspector under the direction of a veterinary inspector, by notice to him, imposes.
3. No person shall remove from premises in the zone or spread used poultry litter, poultry manure or poultry slurry unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.
4. No person shall permit any poultry or other captive birds to be collected together at any fair, market, show, exhibition or other gathering, unless licensed by a veterinary inspector.
5. No person shall release game birds.
6. Subject to paragraph 8, no person shall move any poultry, other captive birds or eggs within the zone (other than through the zone by road or rail without stopping), unless licensed by a veterinary inspector or by an inspector under the direction of a veterinary inspector.
7.—(1) Subject to paragraph 8, no person shall move any poultry or eggs out of the zone, unless the movement is—
(a)set out in sub-paragraph (2); and
(b)licensed by a veterinary inspector.
(2) The movements referred to in paragraph (1) are movements of—
(a)poultry for slaughter at a designated slaughterhouse;
(b)poultry to premises or part of premises where no poultry are kept;
(c)day-old chicks from eggs originating within the zone or from eggs which have come into contact with such eggs;
(d)day-old chicks from eggs originating outside the zone, if the hatchery is operated in such a way that such chicks and eggs are kept separate from day-old chicks and eggs originating in the zone;
(e)hatching eggs—
(i)to a designated hatchery; or
(ii)to designated premises for use for scientific, diagnostic or pharmaceutical purposes
(if, in both cases, the eggs and their packaging are disinfected before dispatch);
(f)eggs to a designated egg packing centre in disposable packaging and in accordance with biosecurity requirements specified by a veterinary inspector;
(g)eggs to an egg processing plant inside or outside the zone;
(h)eggs for disposal.
8. Paragraphs 6 and 7 do not apply to the movement of table eggs direct to wholesale or retail premises or subsequent to such a movement.
9. The occupier of any premises within the zone must ensure that carcases are disposed of in accordance with a veterinary inspector's instructions (unless the veterinary inspector licenses their use for diagnosis of disease).
10. A person who moves any poultry, other captive bird, meat, feed, manure, slurry, litter or any other thing which may be contaminated must cleanse and disinfect the vehicle and any equipment used to transport that thing as soon as it is unloaded, in accordance with article 66.
Articles 30, 31, 31A and 46
Textual Amendments
F18Sch. 8 inserted (21.12.2021) by The Exotic Animal Disease (Amendment) (England) Order 2021 (S.I. 2021/1472), arts. 1(1), 3(21)
1.—(1) A person moving a wild game bird product referred to in article 31A(3)(b) must ensure that it does not come into contact with any other product of that kind.
(2) Any wild game bird product which comes into contact with a wild game bird product moved under article 31A(3) is subject to the measures applicable to such products under article 31A(3) and under sub-paragraph (1) above.
(3) In this paragraph, “processed fresh meat” means any of the following—
(a)minced meat, being boned meat which has been minced into fragments and contains less than 1% salt;
(b)a meat preparation, being fresh meat, including meat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat and thus to eliminate the characteristics of fresh meat;
(c)meat mechanically removed from flesh-bearing bones using means resulting in the loss or modification of the muscle fibre structure.
2.—(1) Fresh meat and meat products referred to in article 31A(3)(b) or their packaging must bear a mark (or must be in packaging which bears a mark) which is approved by the Secretary of State.
(2) No person other than the final consumer of meat or meat products marked with a mark referred to in sub-paragraph (1) shall deface, obliterate or remove that mark, unless licensed by the Secretary of State.]