The Products of Animal Origin (Disease Control) (Wales) Regulations 2008

PART 1 E+W

Introduction

Title, application and commencement E+W

1.  The title of these regulations is The Products of Animal Origin (Disease Control) (Wales) Regulations 2008; they apply in relation to Wales and come into force on 3 June 2008.

Interpretation: general E+W

2.  In these Regulations—

“the Act” (“y Ddeddf”) means the Animal Health Act 1981 M1 ;

“animal” (“anifail”) means any mammal;

“disease” (“clefyd”) means any of the following: classical swine fever; African swine fever; swine vesicular disease; rinderpest; sheep and goat plague, Newcastle disease;

“disease legislation” (“deddfwriaeth clefydau”) means any of the legislation listed in Schedule 1;

[F1 “domestic market” (“y farchnad ddomestig”) is the market for the sale of poultry meat in England, Scotland, Wales and Northern Ireland;]

“establishment” (“sefydliad”) means a slaughterhouse or a game handling establishment;

“game handling establishment” (“sefydliad trin anifeiliad hela”) means an establishment where the preparation of wild game carcases takes place;

“inspector” (“arolygydd”) means an inspector appointed as such by the Welsh Ministers or a local authority for the purpose of these Regulations or of the Act and, unless the context otherwise requires, includes a veterinary inspector;

“local authority” (“awdurdod lleol”) means in relation to an area the county council or county borough council for that area.

“meat” (“cig”) means any part of the carcase of either an animal or poultry intended for human consumption, and includes a product resulting from the processing of meat from that animal or poultry or a product resulting from the further processing of such processed meat product;

“occupier” (“meddiannydd”) means, in relation to any premises or establishment, the person in charge of those premises or that establishment;

“poultry” (“dofednod”) means all species of poultry reared or kept in captivity for the production of meat or eggs for human consumption, the production of other commercial products for human consumption, the restocking of supplies of game or for the purposes of any breeding programme for the production of these categories of birds;

“premises” (“mangre”) means any land, building or place in business use, other than a slaughterhouse or game handling establishment;

F2 ...

[F3 “seropositive pig” (“mochyn seropositif”) means a pig that is not a restricted animal but is required by the Welsh Ministers to be slaughtered in a slaughterhouse due to antibodies against swine vesicular disease virus being identified in that pig;]

[F3 “seropositive pig meat” (“cig moch seropositif”) is meat derived from a seropositive pig which—

(a)

is not restricted meat, and

(b)

has not been treated in accordance with Schedule 2 at a designated treatment centre;]

“slaughter” (“cigydda”) means killing for the production of food for human consumption but does not include killing wild game;

“slaughterhouse” (“lladd-dy”) means an establishment where the slaughter and dressing of any animal or poultry takes place;

“supply” (“cyflenwi”) means supply to the final consumer or to a person who then supplies to the final consumer and includes consignment for sale;

“treatment centre” (“canolfan driniaeth”) means premises designated under regulation 5 for the purpose of subjecting meat to a treatment listed in Schedule 2;

“vehicle” (“cerbyd”) includes—

(a)

a trailer, semi-trailer or other thing designed or adapted to be towed by another vehicle;

(b)

a detachable part of any vehicle;

(c)

a container or other structure designed or adapted to be carried on a vehicle;

“veterinary inspector” (“arolygydd milfeddygol”) means a person appointed as such by the Welsh Ministers for the purposes of these Regulations or under the Act; and

“wild game” (“anifeiliaid hela gwyllt”) means a wild animal which is hunted for human consumption.

Textual Amendments

F1 Words in reg. 2 inserted (30.6.2009) by The Products of Animal Origin (Disease Control) (Wales) (Amendment) Regulations 2009 (S.I. 2009/1373), regs. 1, 3(a)

F2 Words in reg. 2 omitted (30.6.2009) by virtue of The Products of Animal Origin (Disease Control) (Wales) (Amendment) Regulations 2009 (S.I. 2009/1373), regs. 1, 3(b)

F3 Words in reg. 2 inserted (30.6.2009) by The Products of Animal Origin (Disease Control) (Wales) (Amendment) Regulations 2009 (S.I. 2009/1373), regs. 1, 3(c)

Marginal Citations

M1 1981, c. 22, as amended by the Animal Health Act 2002, c. 42, S.I. 1992/3293, 2003/1734 and 2006/182.

Restricted animal, restricted poultry and restricted meat: definitions E+W

3.—(1) In these Regulations, a “ restricted animal” (“anifail dan gyfyngiadau”) is an animal which is—

(a) at, in or from—

(i) suspect premises;

(ii) an establishment where a disease is suspected;

(iii) infected premises;

(iv) an establishment where a disease is confirmed;

(v) an infected area;

(vi) a protection zone; or

(vii) a surveillance zone; and

(b) of a species susceptible to the disease in respect of which restrictions have been imposed under disease legislation.

(2) In these Regulations, “restricted poultry” (“dofednod dan gyfyngiadau”) is poultry which is at, in or from any of the following under the Diseases of Poultry (Wales) Order 2003 M2 —

(a) suspect premises;

(b) a slaughterhouse where a disease is suspected;

(c) infected premises;

(d) a slaughterhouse where a disease is confirmed;

(e) an infected area;

(f) a protection zone; or

(g) a surveillance zone.

(3) “Suspect premises” (“mangre dan amheuaeth”) are premises where movement restrictions are in place under disease legislation because a disease is suspected there.

(4) “Infected premises” (“mangre heintiedig”) are premises where a disease has been confirmed under disease legislation.

(5) An “infected area” (“ardal heintiedig”) is an area of this name declared by the Welsh Ministers under disease legislation following confirmation of a disease.

(6) A “protection zone” (“parth gwarchod”) is an area of this name declared by the Welsh Ministers under disease legislation following confirmation of a disease.

(7) A “surveillance zone” (“parth goruchwylio”) is an area of this name declared by the Welsh Ministers under disease legislation following confirmation of a disease.

[F4 (8) Subject to paragraph (9), “restricted meat” (“cig dan gyfyngiadau”) is meat, including meat that has come into contact with meat—

(a) produced on or after the date that a protection zone or a surveillance zone is declared, or an earlier date where the Welsh Ministers specify such a date for the purpose of disease control;

(b) from a restricted animal or restricted poultry that has come from an infected area, a protection zone or a surveillance zone; and

(c) from pigs that have been vaccinated to protect them from classical swine fever for 6 months (or any other specified period).]

[F5 (9) Where restricted meat has been treated in accordance with Schedule 2 at a treatment centre it ceases to be regarded as restricted meat.]

Textual Amendments

F4 Reg. 3(8) substituted (14.8.2014) by The Diseases of Swine Regulations 2014 (S.I. 2014/1894), regs. 1(1)(c), 43(6)(a) (with reg. 4(1))

F5 Reg. 3(9) inserted (30.6.2009) by The Products of Animal Origin (Disease Control) (Wales) (Amendment) Regulations 2009 (S.I. 2009/1373), regs. 1, 4(b)

Marginal Citations

M2 S.I. 2003/1079 (W.148).

Notices E+W

4.  Notices under these Regulations—

(a) must be in writing; and

(b) may be amended, suspended or revoked, by further notice, at any time.

Designation of premises, slaughterhouses and game handling establishments E+W

5.—(1) The Welsh Ministers may designate any establishment or premises for the purposes of slaughtering animals or poultry, or cutting, preparing, processing, packing, wrapping, storage or treatment of meat.

(2) Designation under these Regulations—

(a) must be in writing;

(b) may be subject to conditions; and

(c) may be amended, suspended or revoked by notice.

(3) Premises and establishments designated by the Secretary of State, the Scottish Ministers or the Department for Agriculture and Rural Development of Northern Ireland for the same purposes as they may be designated under these Regulations are designated premises or establishments for the purposes of these Regulations.

(4) In these Regulations, “designated” (“dynodedig”) refers to premises and establishments which are designated under this regulation.

Restrictions relating to movements from England, Scotland or Northern Ireland E+W

6.—(1) Unless the Welsh Ministers direct otherwise, measures in these Regulations applying in respect of anything moved from any of the premises, establishments, areas or zones referred to in regulation 3 also apply in respect of such a movement from any equivalent premises, establishment, area or zone in England, Scotland or Northern Ireland.

(2) This regulation only applies if the person to whom the measure applies is aware or should reasonably have been aware that the movement is from such premises, establishment, area or zone.