Animal Health (Surveillance)
(Jersey) Order 2017
1 Interpretation
In this Order –
“Law” means the Animal Health (Jersey) Law 2016;
“surveillance” means the investigation of any animal or
bird to detect the presence of disease and includes any observation or physical
examination of the animal or bird and any collection and testing of blood,
tissue, hair, body fluids, discharges, excrement, or other samples from any
animal or bird.
2 Application
(1) This Order applies to any
disease or pest that may apply to any animal or bird, whether or not listed in
Schedule 1 to the Law.
(2) This Order applies to
any animal other than a human being and any bird without any limitation on the
meaning of those terms by reason of any definition in the Law.
2A Duty
to report early abortion in cattle[1]
(1) If
a bovine animal suffers an early abortion the keeper of the animal must report
that fact to the Minister, providing the following information –
(a) the
keeper’s name and address;
(b) the
animal’s identification number;
(c) the
dates on which the animal was served and suffered the abortion.
(2) In
this Article –
“bovine
animal” means domestic cattle of the genus Bos, Bubalus bubalis or Bison
bison;
“early abortion” means an abortion or calving that takes
place less than –
(a) 271 days
after the animal is served or inseminated; or
(b) 265 days
after an embryo is implanted in the animal.
(3) For
the purposes of the definition “early abortion” it makes no
difference whether the calf that is expelled during the early abortion is born
alive or dead.
3 Powers
to undertake surveillance
(1) An inspector or any
other person authorized by the Minister for the purposes of this Order may
carry out surveillance for the purposes of protecting animal health and
reducing the risk to human health from the spread of zoonotic diseases.
(2) In particular but
without limiting paragraph (1) surveillance may be carried out for the
following purposes –
(a) to
measure the level of disease in a population of animals or birds;
(b) to
detect cases of disease as part of a control programme;
(c) to
demonstrate freedom from disease for purposes of trade in animals or birds or
any products derived from them; or
(d) to
screen a population of animals or birds, or any animal or bird suspected of
carrying disease, to detect the presence of any disease.
(3) The surveillance may be
of any population or part of a population of animals or birds taken at random,
or any individual animal or bird, and may be carried out on both living and
dead animals and birds.
(4) Without limiting any
powers of inspectors under the Law, a person with a power to undertake
surveillance under this Order may for the purposes of the surveillance –
(a) take
samples, including samples of anything from the environment;
(b) undertake
inquiries, inspections and examinations, including of documents and computer
records;
(c) use
any animal or bird as a sentinel; or
(d) kill
any animal or bird.
4 Emergency
action to reduce risk of spread of disease
(1) Where a veterinary
inspector considers it expedient to do so having regard to the risk of spread
of disease, the inspector may serve a notice on any person placing such
requirements or restrictions on the person as he or she considers appropriate.
(2) Where the Minister
considers it necessary to reduce the risk of spread of disease, the Minister
may declare a controlled zone around any premises.
(3) The controlled zone
must be of such size as the Minister considers necessary having regard to the risk
of spread of disease.
(4) The Minister must,
having regard to the risk of spread of disease, in the declaration of the
controlled zone, impose such requirements as he or she considers appropriate.
(5) Where the veterinary
inspector or the Minister, as the case may be, is satisfied that that the
notice or declaration of a controlled zone is no longer appropriate, he or she
may revoke the notice or declaration.
5 Costs
of surveillance
Where surveillance has been requested by any person or organisation
for the particular benefit of that person or organisation, the Minister may
require that the person or organisation meet the costs or part of the costs of
the surveillance.
6 Citation
This Order may be cited as
the Animal Health (Surveillance) (Jersey) Order 2017.