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The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006

Changes over time for: The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006 (Schedules only)

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Article 9

SCHEDULE 1Measures where avian influenza or avian influenza virus is suspected on premises

Record of poultry, other captive birds and mammals

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 [F1or influenza of avian origin];

(d)he thinks are likely to be infected [F2with avian influenza or influenza of avian origin];

(e)born or hatched.

Textual Amendments

Housing or isolation of poultry and other captive birds

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.

Prohibition on the movement of poultry and other captive birds to and from the premises

3.  No person shall move any poultry or other captive birds to or from the premises unless licensed by a veterinary inspector.

Prohibition on the removal of other things liable to transmit avian influenza

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 [F3virus] unless he is licensed by a veterinary inspector [F4, and observes appropriate biosecurity measures in order to minimise the risk of spread of disease].

Textual Amendments

Prohibition on the movement of people, animals and vehicles to and from the premises

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.

Restrictions on the movement of eggs

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.

Conditions for the movement of eggs

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.

Prohibition on tampering with sealed consignments of eggs

8.  No person shall tamper with a seal attached under paragraph 7 or remove it before the consignment arrives at its destination.

Disinfection at entrances and exits

9.  The occupier must, in accordance with an inspector's instructions, provide and maintain means of [F5cleansing and] disinfection at the entrances and exits of the premises and of buildings housing poultry or other captive birds M1.

Textual Amendments

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

SCHEDULE 2Measures on premises where highly pathogenic avian influenza is confirmed

Killing and seizure

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

Measures to minimise the risk of spread of avian influenza to wild birds

2.  The occupier must take such action as a veterinary inspector reasonably requires to reduce the risk of the spread of avian influenza [F6virus] to wild birds.

Textual Amendments

Disposal of carcases and eggs

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).

Tracing

4.  The occupier must give all reasonable assistance to a veterinary inspector in the tracing of any thing liable to transmit avian influenza [F7virus] to or from the premises.

Textual Amendments

Cleansing and disinfection

5.  The occupier must cleanse and disinfect the infected premises in accordance with article 66 and Schedule 3.

Restocking

6.  The occupier must not restock the premises except in accordance with article 67.

[F8Primary outbreak

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

Article 36

SCHEDULE 3Cleansing and disinfection of premises other than regulated places and of any thing (including any vehicle) on those premises

Part 1General procedures for cleansing, disinfection and treatment

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.

Part 2Specific procedures for the cleansing and disinfecting of infected premises

Scope of this Part

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.

Cleansing and disinfection - timing

3.  Cleansing and disinfection must be carried out during and after the killing of poultry [F9, other captive birds or kept mammals] and in accordance with a veterinary inspector's instructions.

Textual Amendments

Cleansing and disinfection precautions

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.

Preliminary cleansing and disinfection

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;

[F10(iv)such other parts of the premises as a veterinary inspector directs on the grounds that they might have been contaminated with avian influenza virus.]

(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.

[F11(f)the following parts of the infected premises must have disinfectant applied to them as soon as the killed or slaughtered mammals have been removed—

(i)parts where the mammals were housed;

(ii)parts where the mammals were slaughtered or killed;

(iii)parts contaminated during any post-mortem examination of mammals;

(iv)such other parts of the premises as a veterinary inspector directs on the grounds that they may have been contaminated with avian influenza virus.]

Textual Amendments

Final cleansing and disinfecting

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.

Part 3Disinfection of litter, manure and slurry which may be contaminated

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

SCHEDULE 4Measures in a protection zone

Record of visitors

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.

Record of poultry

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.

Record of poultry and egg movements

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.

Poultry movements to be recorded

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;

Scope of record keeping duties

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.

Isolation of poultry and other captive birds

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).

Measures where birds not housed

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.

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises

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.

Disposal of carcases

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).

Biosecurity measures

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.

Litter, poultry manure and slurry

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.

Gatherings of poultry

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.

Release of game

13.—[F12(1)] No person shall release game birds.

[F13(2) For the purpose of this paragraph, game birds include any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan or ducks bred for shooting.]

Textual Amendments

F12Sch. 4 para. 13 renumbered as Sch. 4 para. 13(1) (22.11.2022) by The Avian Influenza and Influenza of Avian Origin in Mammals (Amendment) (England) Order 2022 (S.I. 2022/1224), arts. 1(1), 2(6)(a)(i)

Restrictions on the movement of poultry, eggs, poultry meat and carcases

14.  No person shall move any [F14poultry, poultry meat, or eggs, semen, blood samples or carcases from poultry or other captive birds], poultry meat or carcases [F15into] 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.

Textual Amendments

Transport by road and rail

15.  Poultry and eggs may be transported through the zone on a major highway or railway if no stop is made within the zone.

Movements which may be licensed by a veterinary inspector or by an inspector under his direction

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 [F16or brood-and-move [F17poultry]] 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.

[F18(m)poultry F19... to a veterinary surgery for treatment, or return to the premises of origin following such a movement.]

[F20(n)semen to a breeding premises or to a designated premises for scientific, diagnostic or pharmaceutical purpose”;

(o)blood to a laboratory or veterinary practice for scientific or diagnostic purposes.]

Textual Amendments

Requirements for the movement of poultry from premises in the zone to a designated slaughterhouse

17.  Poultry must not be moved to a designated slaughterhouse unless the following requirements are met—

(a)a veterinary inspector [F21must have inspected and where necessary examined the] 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.

[F22(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

[F2317A.  F24... For the purposes of paragraph 17 “inspection” includes a visual inspection conducted remotely and under conditions where such inspection has been authorised in writing by a veterinary inspector.]

Textual Amendments

Requirements for the movement of poultry meat from poultry sent to a designated slaughterhouse from premises within the zone

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).

Requirements for the movement of poultry to a designated slaughterhouse within the zone from premises outside the zone

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.

[F25Day-old chicks

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;

F26(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

Requirements for the movement of day-old chicks hatched from eggs originating outside the zone

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.

Requirements for the movement of ready-to-lay poultry

22.—[F27(1)] Ready-to-lay poultry [F28or brood-and-move [F29poultry]] 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 [F30or brood-and-move [F29poultry]] are transported in vehicles sealed by the veterinary inspector or in accordance with his instructions.

[F31(2) The occupier of premises to which ready-to-lay poultry or brood-and-move poultry are moved shall not move such poultry from those premises for a period of at least 21 days from the day on which that poultry was moved onto the premises.]

Textual Amendments

Requirements for the movement of hatching eggs from the zone to a designated hatchery or to designated premises for use for scientific, diagnostic or pharmaceutical purposes

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.

Requirements for the movement of eggs to an egg packing centre

24.  Eggs must not be moved to a designated egg packing centre unless—

(a)they are packed in disposable packaging [F32or 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

Requirements at slaughterhouses

25.  The occupier of a slaughterhouse to which poultry from the zone is sent must ensure that the requirements of article 63 are met.

Requirements for poultry meat from the zone

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).

Requirements for poultry meat from outside the zone

27.  Poultry meat in the zone from poultry originating outside the zone is subject to the requirements set out in article 63(3)(a).

Cleansing and disinfection of vehicles carrying any thing which may be contaminated

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.

Cleansing and disinfection of vehicles

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.

Access to prohibited places

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

SCHEDULE 5Measures in a surveillance zone

Record of visitors

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.

Record of poultry

[F332.  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

Record of poultry movements

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.

Poultry movements to be recorded

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.

Scope of record keeping duties

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.

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises

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.

Biosecurity measures

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.

Litter, poultry manure and slurry

8.—[F34(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.

[F35(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

F34Sch. 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)

[F368A.—(1) Subject to paragraph (2), no person shall remove carcases of poultry or other captive birds from premises in the zone;

(2) A veterinary inspector or an inspector under the direction of a veterinary inspector may licence the removal of carcases of poultry or other captive birds for disposal or diagnosis from premises in the zone.]

Textual Amendments

Gatherings of poultry

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.

Release of game

10.—[F37(1)] No person shall release game birds.

[F38(b)for the purpose of this paragraph, game birds includes any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan or ducks bred for shooting.]

Textual Amendments

Restrictions on the movement of poultry and eggs within the zone

11.—[F39(1)] Subject to paragraph 12, no person shall move any poultry or eggs [F40into or] within the zone (other than through the zone by road or rail without stopping), unless [F41they comply with all relevant biosecurity measures laid down by a veterinary inspector in licence conditions.]

[F42(2) The occupier of premises to which poultry are moved, shall not move any of that poultry from those premises for a period of at least 21 days from the day on which that poultry was moved onto the premises.]

Textual Amendments

Wholesale and retail distribution of eggs within the zone

12.  Paragraph 11 does not apply to the movement of eggs direct to wholesale or retail premises, or subsequent to such a movement.

Biosecurity measures

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.

Movement of poultry to a slaughterhouse

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.

Restrictions on the movement of poultry and eggs out of the zone

15.—(1) Subject to paragraph 16, no person shall move any [F43poultry, or eggs, semen, blood samples or carcases from poultry or other captive birds,] out of the zone, unless the movement is—

(a)a movement set out in sub-paragraph (2); and

(b)licensed by a veterinary inspector [F44or by an inspector under the direction of 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 [F45or brood-and-move [F46poultry]] 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.

[F47(i)poultry to a veterinary surgery for treatment, or to the premises of origin on return following such a movement.]

[F48(j)semen to a breeding premises or to a designated premises for scientific, diagnostic or pharmaceutical purposes;

(k)blood samples to a laboratory or veterinary practice for scientific or diagnostic purposes.]

Textual Amendments

Wholesale and retail distribution of table eggs

16.  Paragraph 15 does not apply to a movement of table eggs direct to wholesale or retail premises or subsequent to such a movement.

Requirements for the movement of poultry from premises in the zone to a designated slaughterhouse

[F4917.  Poultry must not be moved from premises in the zone to a designated slaughterhouse outside the zone unless—

(a)the movement commences within 24 hours of the completion of a veterinary inspection of the poultry at the premises; and

(b)the appropriate minister responsible for the designated slaughterhouse has authorised the movement of that poultry.

[F50(c)F51... For the purposes of this paragraph, “inspection” includes a visual inspection conducted remotely and under conditions where such an inspection has been authorised in writing by a veterinary inspector.]]

Textual Amendments

Requirements for the movement of day-old chicks hatched from eggs produced within the protection or surveillance zone or from eggs which have had contact with such eggs

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.

Requirements for the movement of day-old chicks hatched from eggs originating outside the protection and surveillance zones

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.

Requirements for the movement of hatching eggs from the zone to a designated hatchery, or to designated premises for use for scientific, diagnostic or pharmaceutical purposes

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.

Requirements for the movement of eggs to an egg packing centre

21.  Eggs must not be moved to a designated egg packing centre unless—

(a)they are packed in disposable packaging [F52or 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

Cleansing and disinfection of vehicles carrying any thing which may be contaminated

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.

Cleansing and disinfection of vehicles

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

SCHEDULE 6Measures when low pathogenic avian influenza is confirmed

PART 1Measures on premises where low pathogenic avian influenza is confirmed

Record of poultry, other captive birds and mammals

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 [F53or influenza of avian origin];

(d)which he thinks are likely to be infected [F54with avian influenza or influenza of avian origin];

(e)born or hatched.

Textual Amendments

Housing or isolation of poultry and other captive birds

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.

Prohibition on movement of poultry and other captive birds to and from the premises

3.  No person shall move any poultry or other captive birds to or from the premises, unless licensed by a veterinary inspector.

Movement of poultry to a slaughterhouse

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.

Duty not to tamper with or remove seal on vehicles transporting poultry

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.

Cleansing and disinfection of vehicles transporting any bird or thing which may be contaminated

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.

Prohibition on the movement of people, animals, vehicles and equipment to and from premises

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.

Disposal of carcases

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).

Restrictions in relation to eggs

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.

Hatching eggs on special category premises

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.

Tracing

11.  The occupier must give all reasonable assistance to a veterinary inspector in the tracing of any thing liable to transmit avian influenza [F55virus] from and to the premises.

Textual Amendments

Manure, slurry and bedding

12.  The occupier of the premises must ensure that manure, slurry and bedding which may be contaminated are treated in accordance with article 66.

Cleansing and disinfection

13.  The occupier must cleanse and disinfect the premises in accordance with article 66 and Schedule 3.

Other material which may be contaminated

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.

Killing and seizure

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

Restrictions on the movement of eggs

16.  No person shall move any eggs from the premises unless licensed by a veterinary inspector.

Disinfection at entrances and exits

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).

PART 2Criteria to be considered by a veterinary inspector before permitting movements from premises where low pathogenic avian influenza has been confirmed

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

SCHEDULE 7Measures in a low pathogenic avian influenza restricted zone

Restrictions on the movement of poultry, other captive birds and mammals onto and off premises

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.

Biosecurity measures

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.

Litter, poultry manure and slurry

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.

Gatherings of poultry

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.

Release of game

5.—[F56(1)] No person shall release game birds.

[F57(2) For the purpose of this paragraph, game birds include any pheasant, partridge, grouse (or moor game), black (or heath) game or ptarmigan or ducks bred for shooting.]

Textual Amendments

Restrictions on the movement of poultry, other captive birds and eggs within the zone

6.  Subject to paragraph 8, no person shall move any poultry, other captive birds or eggs [F58into or] 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.

Textual Amendments

Restrictions on the movement of poultry and eggs out of the zone

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);

[F59(f)eggs to a designated egg packing centre in disposable packaging or packaging which has been cleansed and disinfected, in accordance with the instructions of a veterinary inspector or an inspector under the direction of a veterinary inspector.]

(g)eggs to an egg processing plant inside or outside the zone;

(h)eggs for disposal.

Textual Amendments

Wholesale and retail distribution of eggs

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.

Carcases

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).

Cleansing and disinfection of vehicles

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

[F60SCHEDULE 8Wild game bird products

Textual Amendments

Restrictions on the movement of wild game bird products originating in a protection, surveillance or restricted zone

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.

Requirements for the marking of wild game bird meat and meat products

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.]

Articles 9(5), 10(2), 11(4), 12(2), 13, 41(1), 60A and 61A(2)

[F61SCHEDULE 9Measures where influenza of avian origin is suspected in kept mammals

Textual Amendments

Record of kept mammals

1.—(1) The occupier of any premises where mammals are kept in which the presence of avian influenza virus is suspected must make and maintain on a daily basis a record of the number of all kept mammals on the premises.

(2) A record made under paragraph (1) must include the number or approximate number of mammals which —

(i)are alive;

(ii)have died on the premises;

(iii)show clinical signs of influenza of avian origin;

(iv)have been born on the premises.

Housing or isolation of mammals

2.  The occupier of premises where mammals are kept must, in accordance with the instructions of a veterinary inspector—

(a)ensure that all mammals are kept separately to or isolated from—

(i)any poultry or captive birds on the premises; and

(ii)each other;

(b)take all reasonable steps to minimise any contact on the premises with wild mammals or wild birds.

Prohibition on the movement of mammals to and from the premises

3.  No person shall move any kept mammal to or from suspect, infected or contact premises unless the movement is licensed by a veterinary inspector.

Prohibition on the removal of other things liable to transmit avian influenza virus

4.  No person may remove from the premises any carcase, material waste, droppings, slurry, used litter, manure, germinal products or anything else liable to transmit avian influenza virus unless—

(a)he is licensed by a veterinary inspector to do so; and

(b)he observes such biosecurity measures as are directed by a veterinary inspector in order to prevent the risk of spread of disease.

Prohibition on the movement of people, equipment and vehicles to and from the premises

5.  No person may enter or leave the premises and no person may move any vehicle, equipment or utensils to or from the premises unless the movement is licensed by a veterinary inspector or an inspector under the direction of a veterinary inspector.

Cleansing and disinfection at entrances and exits of premises where mammals are kept

6.  The occupier must in accordance with the instructions of a veterinary inspector, provide and maintain the means of cleansing and disinfection at the entrances and exits of the premises and of the buildings housing mammals.

Article 60A

SCHEDULE 10Measures on premises where influenza of avian origin is confirmed

Killing and seizure

1.  The occupier of infected premises must give all reasonable assistance to any person exercising a duty under section 28 or 32 of the Act.

Measures to minimise the risk of spread of avian influenza virus to birds or mammals

2.  The occupier of infected premises must take such reasonable action as a veterinary inspector may direct in order to reduce the risk of spread of avian influenza virus to—

(a)poultry;

(b)other captive birds;

(c)wild birds;

(d)kept mammals;

(e)wild mammals.

Disposal of carcases

3.  The occupier of infected or contact premises must ensure that all carcases not seized or disposed of by a veterinary inspector are disposed of in accordance with the instructions of a veterinary inspector.

Tracings

4.  The occupier of infected or contact premises must give all reasonable assistance to a veterinary inspector in the tracing of anything liable to transmit avian influenza virus to or from the premises.

Cleansing and disinfection

5.  The occupier must cleanse and disinfect the infected premises in accordance with article 66 of and Schedule 3 to this Order.

Restocking

6.  The occupier must not restock the premises with poultry, other captive birds or kept mammals unless—

(a)cleansing and disinfection have taken place in accordance with paragraph 5; and

(b)a licence to restock the premises has been issued by a veterinary inspector.]

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