Animal Health (Foot and Mouth Disease) (Jersey) Order 2017

Revised Edition

02.020.35

Showing the law as at 1 January 2018

This is a revised edition of the law



Animal Health (Foot and Mouth Disease) (Jersey) Order 2017

Arrangement

Article

Introductory provisions  7

1                 Interpretation. 7

2                 Application. 8

Suspicion of disease  9

3                 Initial investigation. 9

4                 Veterinary confirmation of suspicion of disease. 9

5                 Measures on suspicion of disease in animals in transit 9

infected premises  10

6                 Designation of premises as infected premises when presence of disease confirmed  10

7                 Contact premises. 10

8                 Killing susceptible animals. 11

9                 Control of carcases. 11

10              Cleansing and disinfection. 11

11              Restocking. 11

suspicion and confirmation of Disease at slaughterhouse  12

12              Veterinary inquiry. 12

13              Confirmation of disease at slaughterhouse. 12

Declaration of zones  13

14              Temporary controlled zone. 13

15              Prohibition on vaccination except in certain cases. 13

16              Declaration of protection zones and surveillance zones on confirmation of disease  13

17              Amendment and revocation of declarations creating protection zones and surveillance zones  14

General  15

18              Cleansing and disinfection of livestock vehicles. 15

19              Use of approved disinfectants. 15

20              Further provision relating to zoos and wildlife parks, etc. 16

21              Retention of records. 16

22              Recovery of costs. 17

CLOSING PROVISION   17

23              Citation. 17

Measures applicable in respect of premises on suspicion and confirmation of disease  18

1                 Record keeping. 18

2                 Signs publicising infection or suspicion. 18

3                 Isolation, removal and detention of susceptible animals. 18

4                 Movement of susceptible animals. 19

5                 Movement of things liable to spread disease. 19

6                 Movement of fodder, etc. 19

7                 Movement of persons on or off premises. 19

8                 Cleansing and disinfection of clothing, etc. 20

9                 Disinfection. 20

10              Movement of vehicles on to or off the premises. 20

11              Movement of non-susceptible animals. 20

12              Control of rodents. 20

13              Straying animals. 21

Treatment of milk, MILK PRoducts, straw and forage  22

1                 Milk and milk products for human consumption. 22

2                 Straw and forage. 23

Cleansing and Disinfection   24

1                 General procedures for cleansing and disinfection on premises. 24

2                 Preliminary cleansing and disinfection of infected premises. 24

3                 Secondary cleansing and disinfection of infected premises. 25

4                 Disinfection of contaminated used litter, manure and slurry. 25

5                 Special cases. 25

6                 Records of cleansing and disinfection. 26

Restocking of premises  27

1                 General principles. 27

2                 Restocking of premises in a vaccination zone. 28

3                 Movement of susceptible animals during restocking and completion of restocking  28

Measures applicable in a temporary controlLED zone  29

1                 Movement of animals. 29

2                 Alternative measures. 29

3                 Overlap with vaccination zone. 30

4                 Seizure of susceptible animals. 30

Measures applicable in respect of protection zones and surveillance zones  31

PART 1 – Measures applicable in respect of both zones  31

1                 Record keeping in protection and surveillance zones. 31

2                 Straying of susceptible animals in protection and surveillance zones. 31

3                 Control of dogs and controlled birds in protection and surveillance zones. 31

4                 Shearing or dipping sheep in protection or surveillance zones. 32

5                 Ultrasound scanning of sheep in protection or surveillance zones. 32

6                 Control of animal products from susceptible animals originating in protection or surveillance zones  32

7                 Meat and meat products derived from susceptible animals originating in protection or surveillance zones  32

8                 Milk and milk products produced from susceptible animals originating in, or on premises in, protection or surveillance zones. 33

9                 Transport, treatment and spreading of dung and manure produced in protection and surveillance zones  34

PART 2 – Measures applicable only in respect of a protection zone  35

10              Movement of susceptible animals from or to premises in a protection zone. 35

11              Movement of non-susceptible animals from or to premises in a protection zone where susceptible animals are kept 36

12              Movement of animals into or out of a protection zone. 36

13              Movement of vehicles from premises in a protection zone where susceptible animals are kept 36

14              Control of animal gatherings in a protection zone. 36

15              Control of gatherings of people in a protection zone. 36

16              Breeding in a protection zone. 37

17              Transport of fodder in a protection zone. 37

18              Sale of fodder originating in a protection zone. 37

19              Collection, transport and processing of raw milk produced in a protection zone. 38

PART 3 – Measures applicable only in respect of a surveillance zone  39

20              Movement of susceptible animals from premises in a surveillance zone. 39

21              Control gatherings of animals or people in a surveillance zone. 39

22              Collection, transport and processing of raw milk produced in a surveillance zone  40

cleansing and disinfection of livestock vehicles  41

1                 General 41

2                 Parts of vehicle required to be cleansed. 41

3                 Disinfection. 41

4                 Method of cleansing. 41

5                 Disposal of material after cleansing. 42

6                 Cleansing and disinfection in relation to horse transporters. 42

7                 Records. 42

 

Supporting Documents

Table of Legislation History. 43

Table of Renumbered Provisions. 43

Table of Endnote References. 43

 


Animal Health (Foot and Mouth Disease) (Jersey) Order 2017

THE MINISTER FOR THE ENVIRONMENT, in pursuance of Articles 2(2), 4(2), 7, 17(8) and 32 of the Animal Health (Jersey) Law 2016[1], orders as follows –

Commencement [see endnotes]

Part 1

Introductory provisions

1        Interpretation

In this Order –

contact premises” means premises that are designated as such under Article 7(1);

“contamination” means contamination with disease;

controlled bird” means a bird that is kept and maintained by a person other than in a wild state or by confining it to a cage or other secure environment on the person’s premises;

disease” means foot and mouth disease;

“fresh meat” means meat (including offal) that has not undergone any preserving process other than chilling, freezing or quick-freezing, including meat that is vacuum wrapped or wrapped in a controlled atmosphere;

“infection” means infection with disease;

infected premises” means premises that are designated as such under Article 6(1);

Law” means the Animal Health (Jersey) Law 2016[2];

livestock vehicle” means a vehicle that has been used for the transport of live animals;

“meat” means fresh meat, minced meat, mechanically separated meat and meat preparations;

“meat preparation” means 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;

“meat product” means a processed product resulting from the processing of meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat;

“mechanically separated meat” means the product obtained by removing meat from flesh-bearing bones after boning, using mechanical means resulting in the loss or modification of the muscle fibre structure;

“milk” includes cream, separated milk, skimmed milk and buttermilk;

“milk product” includes butter, cheese, yoghurt, whey and any other product the main constituent of which is milk;

“minced meat” means boned meat that has been minced into fragments and contains less than 1% salt;

“protection zone” means a controlled zone declared to be a protection zone under Article 16(1);

“raw milk” means milk that has not been heated to more than 40°C or undergone any treatment that has an equivalent effect;

“surveillance zone” means a controlled zone declared to be a surveillance zone under Article 16(1);

susceptible animal” means an animal capable of being infected with disease;

suspect premises” means premises that are designated as such under Article 4(2);

“temporary controlled zone” has the meaning assigned by Article 15(1);

vehicle” includes its fittings, its detachable parts and any containers (whether detachable or not) used with it and any equipment carried with it for use with animals;

“veterinary inquiry” means an examination for the purposes of Article 12.

2        Application

(1)     This Order applies only to foot and mouth disease.

(2)     For the purposes of this Order the definition of “animal” in Article 4 of the Law is extended to include (and is limited to) all four-legged animals.

(3)     Parts 2, 3 and 5 do not apply to a slaughterhouse.

(4)     This Order does not apply to any specified animal pathogen that is the subject of a licence under Article 15(1) of the Law or to which that Article does not apply.

Part 2

Suspicion of disease

3        Initial investigation

Where a veterinary inspector makes an investigation following notification of disease under Article 12(1) or 15(2) of the Law and cannot rule out the presence of disease, a veterinary inspector must –

(a)     confirm that disease is still suspected and serve a notice under Article 4(2); or

(b)     confirm the presence of disease and serve a notice under Article 6(1).

4        Veterinary confirmation of suspicion of disease.

(1)     This Article applies where a veterinary inspector suspects that an animal or carcase on premises is or has been infected with disease such that the premises or carcase continues to pose the risk of spread of disease.

(2)     A veterinary inspector must serve a notice on the occupier designating the premises as suspect premises, following which the measures in Schedule 1 apply.

(3)     A veterinary inspector must take all reasonable steps to establish whether or not disease is present on the suspect premises.

(4)     The notice served under paragraph (2) may be revoked only if a veterinary inspector is satisfied that the suspect premises no longer pose a risk of spread of disease.

(5)     On the revocation of the notice the measures in Schedule 1 cease to apply.

5        Measures on suspicion of disease in animals in transit

(1)     If an inspector knows or suspects that an animal in transit is infected with disease he or she must immediately serve a notice on the keeper of the animal (if present) or on the person in charge of the vehicle –

(a)     directing the transport of the animal and any animal with it to such premises as the inspector considers fit; and

(b)     detaining any vehicle and other thing suspected of being contaminated at a suitable place until they have been cleansed and disinfected.

(2)     The inspector must ensure that the occupier of premises to which animals are directed is served with a notice on their arrival stating that those premises are suspect premises and Article 4 applies in respect of those premises.

(3)     The person in charge of any vehicle detained under paragraph (1)(b) must cleanse and disinfect it without delay in accordance with Article 18 and with any additional requirements an inspector imposes by serving a notice on the person.

(4)     The person in charge of any other thing detained under paragraph (1)(b) must cleanse and disinfect it or, if cleansing and disinfection is not practical, destroy it in accordance with the directions of an inspector.

Part 3

infected premises

6        Designation of premises as infected premises when presence of disease confirmed

(1)     If the States Veterinary Officer is satisfied that disease is or has been present on premises such that the premises continue to pose the risk of spread of disease, an inspector must serve a notice on the occupier designating the premises as infected premises.

(2)     Where such a notice is served the measures in Schedule 1 apply (or if already applicable continue to apply).

(3)     The occupier must isolate all milk, milk products, meat, meat products, carcases, hides and skins, wool, semen, embryos, ova, slurry, manure, animal feed and used litter on the premises from any animal until –

(a)     a veterinary inspector declares by notice served on that person that all such items are free from contamination;

(b)     all such items have been treated or destroyed in accordance with the directions of a veterinary inspector; or

(c)     a veterinary inspector grants a licence authorizing milk, milk products, straw or forage to be removed from the premises to be treated so as to fall within Schedule 2.

(4)     A veterinary officer must not revoke any notice declaring premises to be infected premises until the States Veterinary Officer is satisfied that final cleansing and disinfection in accordance with Schedule 3 have been completed and certified in accordance with Article 10(3).

7        Contact premises

(1)     A veterinary inspector must by notice declare premises to be contact premises if –

(a)     disease may have been carried there from any premises; or

(b)     disease may have been carried to any premises from there.

(2)     On declaration of premises as contact premises the measures in Schedule 1 apply.

(3)     The notice served under paragraph (1) may be revoked only if a veterinary inspector is satisfied that the contact premises no longer pose a risk of spread of disease.

8        Killing susceptible animals

(1)     Article 17 of the Law applies to foot and mouth disease.

(2)     If premises are designated as infected premises the Minister must arrange, in accordance with Article 17(1) of the Law, for the killing of all susceptible animals on the premises unless Article 17(5) of the Law applies.

(3)     The killing must take place without undue delay and the Minister must ensure that any sampling and clinical examination necessary to carry out a veterinary inquiry is undertaken before, or immediately following, such killing.

9        Control of carcases

(1)     A person must not move any carcase of an animal from the premises on which the Minister has killed animals except for disposal and under the authority of a licence issued by a veterinary inspector.

(2)     A veterinary inspector must ensure that every carcase to which this Article applies is disposed of without undue delay, and accordingly –

(a)     may serve a notice on the occupier requiring immediate disposal or disposal within a specified period; and

(b)     must grant any necessary licence under paragraph (1).

10      Cleansing and disinfection

(1)     Following the disposal of carcases under Article 9, the Minister must without delay carry out preliminary cleansing and disinfection (or require the occupier by notice to do so) in accordance with Schedule 3.

(2)     Irrespective of whether or not susceptible animals are to be reintroduced onto infected or contact premises, a veterinary inspector may serve a notice on the occupier requiring secondary cleansing and disinfection and the disinfection of contaminated used litter, manure and slurry on premises in accordance with Schedule 3 or as specified in the notice and at the occupier’s expense unless otherwise stated in the notice.

(3)     Following completion of the secondary cleansing and disinfection, the disinfection of contaminated used litter, manure and slurry on the premises, a veterinary inspector must certify in writing when satisfied that the requirements of the notice have been completed.

11      Restocking

(1)     A person must not restock contact or infected premises except under the authority of a licence granted by a veterinary inspector and in accordance with Schedule 4.

(2)     A licence allowing restocking to commence must not be granted on premises to which paragraph 5 of Schedule 3 applies –

(a)     where the premises include a building, until one year has elapsed following completion of such cleansing and disinfection as is undertaken; or

(b)     where the premises do not include a building, until authorized by the States Veterinary Officer.

Part 4

suspicion and confirmation of Disease at slaughterhouse

12      Veterinary inquiry

Where a veterinary inspector has examined an animal or animal carcase at a slaughterhouse (whether or not following the Minister’s being notified under Article 12(1) of the Law) a veterinary inspector must –

(a)     declare disease not to be present, at which time the measures in Article 12(3) of the Law cease to apply;

(b)     confirm the suspicion of disease at which time –

(i)      no animal may enter or leave the slaughterhouse,

(ii)      no livestock vehicle may leave the slaughterhouse unless the driver of the vehicle has carried out cleansing and disinfection of the vehicle in accordance with Article 18 and is licensed by an inspector to leave, and

(iii)     the measures in Article 12(3) of the Law continue to apply; or

(c)     confirm disease, at which time Article 13 applies instead of the measures in Article 12(3) of the Law.

13      Confirmation of disease at slaughterhouse

(1)     This Article applies where disease is confirmed at the slaughterhouse.

(2)     No animal may enter or leave the slaughterhouse.

(3)     The Minister must, in accordance with Article 17(1) of the Law, direct the operator of the slaughter house to kill all animals at the slaughterhouse.

(4)     The killing must take place without undue delay and the Minister must ensure that any sampling and clinical examination necessary to carry out a veterinary inquiry is undertaken before, or immediately following, the killing.

(5)     A veterinary inspector must serve a notice on the operator of the slaughterhouse stating how the operator is to, at his or her expense –

(a)     process the carcases of animals killed, dung, manure, slurry and other animal waste including offal; and

(b)     cleanse and disinfect the slaughterhouse.

(6)     No livestock vehicle may leave the slaughterhouse unless the vehicle has been cleansed and disinfected in accordance with Article 18 and is licensed by an inspector to leave.

(7)     The slaughterhouse must not restart operations until 24 hours after the notice served under paragraph (5) has been complied with to the satisfaction of a veterinary inspector and the completion of cleansing and disinfection of livestock vehicles as required under paragraph (6).

Part 5

Declaration of zones

14      Temporary controlled zone

(1)     The Minister may declare a temporary controlled zone around suspect premises of such size as the Minister considers necessary to reduce the risk of the spread of disease.

(2)     The measures in Schedule 5 apply in a temporary controlled zone.

(3)     Any part of a temporary controlled zone that becomes part of a protection zone or a surveillance zone will cease to be a temporary controlled zone.

(4)     The Minister must revoke the temporary controlled zone if presence of disease has been ruled out on suspect premises.

15      Prohibition on vaccination except in certain cases

(1)     A person must not vaccinate any animal against disease other than in accordance with –

(a)     a licence granted by a veterinary inspector;

(b)     if the animal is in a vaccination zone declared by the Minister under this Article, in accordance with the terms of that declaration; or

(c)     a notice served by a veterinary inspector.

(2)     The cost of any vaccination under this Article is to be borne by the keeper of the animal being vaccinated unless the licence, declaration or notice, as the case may be, states otherwise.

16      Declaration of protection zones and surveillance zones on confirmation of disease

(1)     The Minister must declare a protection zone and a surveillance zone when the States Veterinary Officer confirms disease on any premises.

(2)     The Minister may declare a protection zone and a surveillance zone when the States Veterinary Officer confirms disease at a veterinary surgery where an animal has been brought for examination or any other place to which an animal has been brought temporarily and the Minister does not consider that place to be the centre of infection.

(3)     A protection zone declared under this Article must be –

(a)     of such size as the Minister considers necessary to prevent the spread of disease;

(b)     centred on the infected premises; and

(c)     of a radius of at least 3 kilometres.

(4)     A surveillance zone declared under this Article must cover the whole of Jersey.

(5)     The measures in Parts 1 and 2 of Schedule 6 apply in respect of a protection zone and those in Parts 1 and 3 of Schedule 6 apply in respect of a surveillance zone.

(6)     The Minister may declare that any other measure the States Veterinary Officer considers necessary to reduce the risk of the spread of disease applies in respect of the whole or any part of any protection zone or surveillance zone.

(7)     The Minister must ensure that all premises within a protection zone or a surveillance zone where susceptible animals are kept are inspected by a veterinary inspector as regularly as the States Veterinary Officer considers necessary to reduce the risk of the spread of disease.

(8)     A veterinary inspector inspecting premises under paragraph (7) must ensure that the inspection includes –

(a)     clinical inspection of all susceptible animals; and

(b)     inspection of the records required to be created and maintained by paragraph 1 of Schedule 6.

17      Amendment and revocation of declarations creating protection zones and surveillance zones

(1)     The Minister may, when satisfied that the conditions in paragraph (2) are met, amend the declaration creating a protection zone so that the area within its boundaries becomes part of the surveillance zone centred on the same premises.

(2)     The conditions for amendment of a declaration creating a protection zone are –

(a)     at least 15 days have elapsed since the completion of any preliminary cleansing and disinfection on infected premises in that protection zone; and

(b)     a survey of all susceptible animals to substantiate the absence of infection has been carried out on behalf of the Minister in that protection zone with negative results.

(3)     The Minister may, when satisfied that the conditions in paragraph (4) are met, revoke the declaration creating a surveillance zone.

(4)     The conditions for revocation of a declaration creating a surveillance zone are –

(a)     at least 30 days have elapsed since completion of any preliminary cleansing and disinfection in the surveillance zone; and

(b)     if the declaration creating that surveillance zone also created a protection zone centred on the same premises, it has previously been amended so that the protection zone has become part of the surveillance zone; and

(c)     a survey of susceptible animals to substantiate the absence of infection has been carried out in that surveillance zone since that amendment on behalf of the Minister with negative results.

(5)     In this Article “preliminary cleansing and disinfection” means cleansing and disinfection undertaken in accordance with paragraph 2 of Schedule 3.

Part 6

General

18      Cleansing and disinfection of livestock vehicles

(1)     If the cleansing and disinfection of any livestock vehicle is required by this Article it must be carried out in accordance Schedule 7 and any additional directions an inspector imposes by notice served on the person in charge of the vehicle.

(2)     Other than at a slaughterhouse, such cleansing and disinfection must be undertaken –

(a)     before loading animals; and

(b)     after loading animals but only in respect of the wheels and wheel arches of the vehicle to ensure they are clean on leaving the premises.

(3)     If cleansing and disinfection of vehicles is required by or under this Order at any premises, the occupier of the premises must, at his or her own expense, provide adequate facilities and proper equipment and materials for that cleansing and disinfection.

19      Use of approved disinfectants

(1)     Where disinfection is required or carried out under this Order any disinfectants used must be –

(a)     an approved disinfectant that complies with paragraph (2); and

(b)     used at the approved dilution rate and in accordance with the manufacturer’s instructions.

(2)     The disinfectant must be published as being approved in respect of Foot and Mouth Disease Orders and, when used to disinfect a livestock vehicle, must be published as being approved in respect of both Foot and Mouth Disease Orders and General Orders.

(3)     In this Article –

“approved dilution rate” means the dilution rate indicated for an approved disinfectants product in the relevant column in the statutory table under the heading that states the disease for which it is to be used accompanied by a reference to Orders;

“Orders” means Orders of the description stated in the relevant column heading of the statutory table;

“statutory table” means the table of Disinfectants Approved for use in England, Scotland and Wales published by the Department for Environment, Food and Rural Affairs under powers that include those in the English Disinfectants Order.

20      Further provision relating to zoos and wildlife parks, etc.

(1)     This Article applies to premises where susceptible animals are kept for any of the following purposes –

(a)     display;

(b)     education of the public;

(c)     conservation of a species or farm animal genetic resources;

(d)     scientific purposes; or

(e)     breeding for research.

(2)     The Minister must take such steps as the States Veterinary Officer considers necessary to reduce the risk of the spread of disease to premises to which this Article applies, which steps may include, but are not limited to, the measures set out in paragraph (3).

(3)     The Minister may by notice served on the person concerned –

(a)     require the occupier of the premises, or person in charge of any vehicle, equipment or other thing on the premises, to arrange for the detention and isolation of any vehicle, equipment or other thing and its subsequent cleansing and disinfection;

(b)     require the occupier of the premises to cleanse and disinfect the premises in accordance with Schedule 3;

(c)     require the removal, laundering, cleansing and disinfection or disposal of his or her clothing or footwear or for the person to cleanse himself or herself;

(d)     require the occupier of the premises or the keeper of any animal or controlled bird on the premises to effect their detention or isolation in a specified place on the premises or their separation from other animals or controlled birds on the premises; or

(e)     prohibit the occupier of the premises from moving any animal from or to the premises, or any person on to the premises if they are open to the public, or make such movement subject to the grant of a licence.

21      Retention of records

Any person making a record required by this Order must retain it for the following period –

(a)     in the case of a record made under paragraph 6(1) of Schedule 3, 6 years after it was made;

(b)     in the case of a record made under paragraph 1 of either Schedule 1 or Schedule 6, 3 years after the requirement to maintain records in the relevant paragraph ceases to have effect in relation to the premises in question; and

(c)     in the case of a record made under paragraph 7 of Schedule 7, 6 months after it was made.

22      Recovery of costs

The Minister may charge for inspections undertaken by veterinary inspectors and official tests of samples undertaken in relation to restocking of infected premises in accordance with Schedule 4.

PART 7

CLOSING PROVISION

23      Citation

This Order may be cited as the Animal Health (Foot and Mouth Disease) (Jersey) Order 2017.

 

 


SCHEDULE 1

(Articles 4, 6, 7 and 21)

Measures applicable in respect of premises on suspicion and confirmation of disease

1        Record keeping

(1)     Subject to sub-paragraph (4), the occupier must create and maintain the following records in respect of the premises –

(a)     the number of animals of each species;

(b)     for each species of susceptible animal, the number of dead animals and the number suspected of being infected; and

(c)     the stock of milk, milk products, meat, meat products, carcases, hides and skins, wool, semen, embryos, ova, slurry, manure, fodder and used litter.

(2)     Where the Minister has specified a format for records to be kept in they must be kept in that format.

(3)     The occupier must maintain the records kept under sub-paragraphs (1)(a) and (1)(b) by updating them within 24 hours of any change.

(4)     This paragraph does not apply where paragraph 1 of Schedule 6 applies.

2        Signs publicising infection or suspicion

The occupier must ensure that –

(a)     any signs supplied by the Minister are displayed in a conspicuous place at the main entrance to the premises or as directed by an inspector; or

(b)     if no signs have been supplied by the Minister, a sign reading “FOOT AND MOUTH DISEASE – KEEP OUT” in block letters that are at least 10cm high is erected and maintained at every entrance to the premises.

3        Isolation, removal and detention of susceptible animals

(1)     The occupier must ensure that susceptible animals are isolated from persons not attending them and from non-susceptible animals.

(2)     On service of a notice by an inspector requiring it the occupier must –

(a)     isolate any specified animal or group of animals from all other animals on such part of the premises as is specified; or

(b)     remove any specified animal or group of animals from such part of the premises as is specified and detain that animal or those animals on such other part of the premises as is specified.

(3)     A person must not move any animal isolated or detained under a notice served under sub-paragraph (2) except under the authority of a licence granted by a veterinary inspector.

4        Movement of susceptible animals

(1)     A person must not move any susceptible animal from or to the premises.

(2)     However, the prohibition in sub-paragraph (1) does not apply to –

(a)     susceptible animals leaving contact premises (other than contact premises in a temporary controlled zone) after the incubation periods for all susceptible animals on the premises have elapsed (calculated from the date of declaration of the contact premises) and under the authority of a licence granted by the Minister;

(b)     the movement of animals leaving infected premises for slaughter under the authority of a licence granted by the Minister; or

(c)     movement from one part of premises to another part of the same premises using a public highway under the authority of a licence granted by the Minister.

5        Movement of things liable to spread disease

(1)     Except as provided by sub-paragraphs (2) to (4), a person must not move from the premises any meat, carcase, meat product, milk, milk product, semen, ovum or embryo of a susceptible animal.

(2)     Where the States Veterinary Officer is satisfied that it is not reasonable to require milk to be kept on the premises, a veterinary inspector may –

(a)     serve a notice requiring that milk is destroyed on the premises; or

(b)     grant a licence authorizing milk to be transported from the premises to the nearest place available for disposal or treatment in accordance with paragraph 1 of Schedule 2.

(3)     Transport of milk under the authority of a licence granted under sub-paragraph (2)(b) must be carried out in a vehicle which an inspector has approved as equipped to ensure that there is no risk of spreading disease.

(4)     If a licence is granted under sub-paragraph (2)(b), a veterinary inspector must serve a notice on the person in charge of the premises to which milk is transported directing the method of disposal or treatment.

6        Movement of fodder, etc.

A person must not move from the premises any fodder, utensils, wool, hide or skin, bristles, animal waste, slurry, manure or any other thing liable to spread disease except under the authority of a licence granted by the Minister.

7        Movement of persons on or off premises

A person must not enter or leave the premises unless licensed by a veterinary inspector.

8        Cleansing and disinfection of clothing, etc

(1)     A person must not enter any part of the premises in which an animal which is infected or suspected of being infected is being kept or has recently been kept without wearing clothing and footwear approved by the Minister.

(2)     A person must not leave any such part of the premises without having cleansed his or her hands to the standards required by the Minister and having either –

(a)     cleansed and disinfected his or her clothing and footwear to the standards required by the Minister; or

(b)     removed such clothing and footwear for laundering, cleansing and disinfection or disposal as the Minister reasonably directs by notice served on that person.

(3)     A notice under sub-paragraph (2)(b) must specify the required method of laundering, cleansing and disinfection or disposal.

9        Disinfection

(1)     The occupier must provide and renew such clean water and means of disinfection as the Minister directs at every entrance to the premises and at every entrance to a building where susceptible animals are kept.

(2)     The occupier must ensure that any slurry or shed washings are disinfected in accordance with the directions of an inspector before they are permitted to drain or escape from any part of the premises where an infected animal or an animal suspected of being infected or contaminated is or has been kept.

10      Movement of vehicles on to or off the premises

A person must not move any vehicle on to or off the premises unless the movement is –

(a)     necessary for the provision of emergency services (police, fire and rescue ambulance or coastguard); or

(b)     authorized by a licence granted by the Minister.

11      Movement of non-susceptible animals

A person must not move from the premises any animal that is not a susceptible animal except under the authority of a licence granted by the Minister.

12      Control of rodents

The occupier must take steps to destroy any rats, mice and other rodents on the premises (other than those kept as pets).

13      Straying animals

The keeper of a susceptible animal must take all steps necessary to prevent it from straying from the premises on which it is kept.


SCHEDULE 2

(Article 6(3)(c), Schedules 1 (paragraph 5) and 6 (paragraphs 8 and 18))

Treatment of milk, MILK PRoducts, straw and forage

1        Milk and milk products for human consumption

(1)     Milk and milk products for human consumption fall within this paragraph if they have undergone one of the following treatments –

(a)     sterilisation at a level of at least F03;

(b)     Ultra-High Temperature treatment at 132°C for at least one second;

(c)     High Temperature Short Time pasteurisation at 72°C for at least 15 seconds or any other pasteurisation treatment that achieves a negative reaction to a phosphatase test (with any pasteurisation under this clause applied twice to milk with a pH of 7.0 or above);

(d)     High Temperature Short Time pasteurisation at 72°C for at least 15 seconds or any other pasteurisation treatment that achieves a negative reaction to a phosphatase test and either –

(i)      lowering the pH to below 6.0 for at least one hour, or

(ii)      heating to 72°C or more combined with desiccation.

(2)     Milk products for human consumption fall within this paragraph if they are produced from milk that has undergone one of the treatments in sub-paragraph (1).

(3)     Milk and milk products not intended for human consumption (including whey intended for susceptible animals) fall within this paragraph if they have undergone one of the following treatments –

(a)     sterilisation at a level of at least F03;

(b)     Ultra-High Temperature treatment at 132°C for at least one second and either –

(i)      lowering the pH to below 6.0 for at least one hour, or

(ii)      heating to 72°C or more combined with desiccation;

(c)     High Temperature Short Time pasteurisation, applied twice, at 72°C for at least 15 seconds or any other pasteurisation treatment that achieves a negative reaction to a phosphatase test;

(d)     High Temperature Short Time pasteurisation at 72°C for at least 15 seconds or any other pasteurisation treatment that achieves a negative reaction to a phosphatase test and either –

(i)      lowering the pH below 6.0 for at least one hour, or

(ii)      heating to 72°C or more combined with desiccation.

(4)     Milk products not for human consumption (other than whey intended for susceptible animals) fall within this paragraph if they are produced from milk that has been subjected to one of the treatments in sub-paragraph (3).

(5)     Whey intended for susceptible animals falls within this paragraph if it is –

(a)     collected at least 16 hours after milk clotting; and

(b)(if intended for feeding to pigs) has a recorded pH of less than 6.0 before leaving the establishment in which the milk has been treated.

2        Straw and forage

Straw and forage falls within this paragraph if it has either –

(a)     undergone the action of –

(i)      steam in a closed chamber for at least 10 minutes and at a minimum temperature of 80°C, or

(ii)      formalin fumes (formaldehyde gas) produced in a chamber kept closed for at least 8 hours and at a minimum temperature of 19°C, at 35-40% concentration; or

(b)     been stored in packages or bales under shelter on premises –

(i)      situated not closer than 2 kilometres to the nearest infected premises; and

(ii)      until at least 3 months have elapsed following the completion of all cleansing and disinfection in the protection zone surrounding the nearest infected premises (and in any case not before the declaration creating that protection zone has been amended in accordance with Article 17 so that the protection zone becomes part of a surveillance zone).


SCHEDULE 3

(Articles 6, 10, 11, 17, 20 and 21)

Cleansing and Disinfection

1        General procedures for cleansing and disinfection on premises

(1)     This paragraph and paragraphs 2 and 3 apply to all cleansing and disinfection of premises including cleansing and disinfection of equipment and other things liable to spread disease on those premises.

(2)     Every person carrying out cleansing or disinfection under this paragraph must do so in accordance with any additional directions given by an inspector.

(3)     Used litter and faecal matter must be thoroughly soaked with disinfectant.

(4)     All surfaces that may be contaminated must be brushed and scrubbed thoroughly and disinfectant must then be applied to floors, ramps, walls and the ground.

(5)     Equipment or other things obstructing thorough cleansing and disinfection must be moved or dismantled where this is reasonably practicable.

(6)     Water used for cleansing must be disposed of so as to minimise the risk of the spread of disease.

(7)     Where surfaces are washed with liquids under pressure steps must be taken to minimise any risk of contamination.

(8)     Equipment, installations or other things that may be contaminated must be cleansed and disinfected or destroyed.

2        Preliminary cleansing and disinfection of infected premises

(1)     Cleansing and disinfection of infected premises must be carried out –

(a)     during and immediately following killing in a manner so as to minimise the risk of disease spread; and

(b)     in accordance with the directions of an inspector.

(2)     Following killing –

(a)     every carcase must be sprayed with disinfectant;

(b)     carcases removed from the premises for disposal must be contained in covered, leak-proof containers; and

(c)     all parts of the premises that housed susceptible animals, any buildings and yards and any surfaces that may have been contaminated during or after slaughter, must be sprayed with disinfectant (other than fields, slurry lagoons and other parts of the premises where the disinfectant would have no effect).

(3)     Disinfectant must not be removed for at least 24 hours after application.

3        Secondary cleansing and disinfection of infected premises

(1)     Secondary cleansing and disinfection of premises must be carried out in such a way as to minimise the risk of the spread of disease or survival of any virus.

(2)     Grease and dirt must be removed from all surfaces by the application of a degreasing agent and washing with water or steam.

(3)     Disinfectant must be reapplied after degreasing and washing with water or steam.

(4)     At least 7 days after the reapplication of disinfectant, the operations in sub-paragraphs (1) and (2) must be repeated, followed by final washing with water or steam.

4        Disinfection of contaminated used litter, manure and slurry

(1)     This paragraph applies to the disinfection of contaminated used litter, manure and slurry on premises.

(2)     Unless otherwise directed by a veterinary inspector by notice served on the occupier, the used litter and the solid phase of manure must be –

(a)     stacked to heat by adding 100kg granulated quick lime to each 1m3 of material;

(b)     heated to a temperature of at least 70°C throughout, sprayed with disinfectant and left for a period of at least 42 days; and

(c)     covered or re-stacked during the period referred to in clause (b) so as to ensure thermic treatment of all layers of the stack.

(3)     Unless otherwise directed by a veterinary inspector by notice served on the occupier, slurry and the liquid phase of manure must be stored for at least the period mentioned in sub-paragraph (4) after the last addition of such slurry or manure.

(4)     The period for the purposes of sub-paragraph (3) is 42 days or such other period as a veterinary inspector directs by notice served on the occupier having taken into account –

(a)     the extent of the contamination;

(b)     the weather conditions; and

(c)     the pH of the substance after disinfection and its likely effect on the disease virus.

5        Special cases

(1)     Where the States Veterinary Officer is satisfied that cleansing and disinfection of premises cannot be completed in accordance with paragraphs 1 to 4, he or she must serve a notice to that effect on the occupier.

(2)     Following service of the notice cleansing and disinfection of the premises must be carried out in accordance with the directions of a veterinary inspector.

6        Records of cleansing and disinfection

(1)     Every person carrying out a cleansing and disinfection operation under this Schedule must ensure that a written record of it is made.

(2)     The record must include the date and time of the operation.


SCHEDULE 4

(Articles 11 and 22)

Restocking of premises

1        General principles

(1)     In this Schedule, “vaccinated” means treated with hyperimmune serum or vaccine against disease and “unvaccinated” shall be construed accordingly.

(2)     Animals for restocking may be introduced onto premises only under a licence issued by a veterinary inspector which must state –

(a)     the numbers of animals to be used for restocking;

(b)     where on the premises they are to be kept; and

(c)     if they are to be kept in any buildings and if so which buildings.

(3)     The following conditions apply in respect of animals for restocking –

(a)     they must not come from any controlled zone (including a temporary controlled zone);

(b)     a veterinary inspector must be satisfied that no residual disease virus can be detected in them on the basis of clinical signs (for bovine animals or swine) or laboratory investigations (for other species) and must confirm this by notice on the occupier;

(c)     they must either –

(i)      originate on and come from premises where there has been no confirmed case of disease within 10 kilometres for at least 30 days, or

(ii)      have been tested with negative results in an assay for the detection of antibodies against the disease virus carried out on samples taken prior to restocking.

(4)     During restocking each animal must be subject to clinical inspection –

(a)     every 3 days for the first 14 days following its introduction; and

(b)     every week during the period from 15 to 28 days after its introduction.

(5)     However, if no infected premises have been declared within 10 kilometres of any premises for at least 3 months before the start of restocking, a veterinary inspector may, by notice served on the occupier of those premises, exempt the premises from the requirements of sub-paragraph (4).

(6)     Not earlier than 28 days after the last introduction, each animal must be clinically examined by a veterinary inspector and samples tested for the presence of antibodies against the disease virus.

2        Restocking of premises in a vaccination zone

Instead of restocking in accordance with paragraph 1, premises in a vaccination zone may be restocked if the following conditions are satisfied –

(a)     within the 24 hours prior to introduction a veterinary inspector has carried out a clinical examination of every susceptible animal on all premises from where animals to be supplied for restocking originated and is satisfied that there are no signs of disease;

(b)     no animal to be introduced has come from a protection zone or surveillance zone; and

(c)     every animal to be introduced has been tested for antibodies against disease by a veterinary inspector after the end of its incubation period with negative results or a serological survey has been completed by a veterinary inspector on the animals to be introduced with negative results.

3        Movement of susceptible animals during restocking and completion of restocking

(1)     During restocking, a person must not move a susceptible animal from the premises.

(2)     A veterinary inspector must declare the completion of restocking by notice served on the occupier if –

(a)     every introduced unvaccinated animal on the premises has undergone the examination and test in paragraph 1(6) with negative results; or

(b)     the conditions in paragraph 2 are satisfied.


SCHEDULE 5

(Article 14)

Measures applicable in a temporary controlLED zone

1        Movement of animals

(1)     A person must not move any susceptible animal into or out of a temporary controlled zone, except where the movement is –

(a)     through the zone without stopping; or

(b)     necessary to complete a journey started before the creation of the zone.

(2)     Subject to paragraph 2(1), a person must not move any susceptible animal from or to premises in a temporary controlled zone (without leaving that zone) except to complete a journey started before the creation of that zone or under the authority of a licence granted by an inspector.

2        Alternative measures

(1)     The Minister may, after considering the factors in sub-paragraph (2), declare that, instead of the restriction in paragraph 1(2), all the following measures apply in a temporary controlled zone –

(a)     the occupier of any premises in the zone where susceptible animals are kept must create and maintain a record in accordance with paragraph 1 of Schedule 1;

(b)     the occupier of any premises in the zone where susceptible animals are kept must isolate animals in accordance with paragraph 3(1) of that Schedule;

(c)     paragraphs 4 to 7 and 10 and 11 of that Schedule apply to premises in the zone where susceptible animals are kept.

(2)     When considering a declaration under sub-paragraph (1), the Minister must take into account the following factors in respect of the temporary controlled zone –

(a)     the density of the population of susceptible animals;

(b)     the intensity of movements of animals or persons having contact with susceptible animals;

(c)     any suspected delay in detecting suspicion of infection or contamination;

(d)     the information available as to the possible origin and method of introduction of the disease virus; and

(e)     any other factor relevant in deciding whether such a declaration will help prevent the spread of disease and that is reasonable in the circumstances.

3        Overlap with vaccination zone

The measures in paragraphs 1(2) and 2(1) apply in addition to any requirement or restriction which applies in any part of a temporary controlled zone because that part falls within a vaccination zone.

4        Seizure of susceptible animals

An inspector may seize any stray or feral susceptible animal found in a temporary controlled zone.


SCHEDULE 6

(Articles 16 and 21 and Schedule 1)

Measures applicable in respect of protection zones and surveillance zones

PART 1 – Measures applicable in respect of both zones

1        Record keeping in protection and surveillance zones

(1)     The occupier of every premises in a protection zone or surveillance zone where susceptible animals are kept must create and maintain the following records in respect of the premises –

(a)     the number of animals of each species;

(b)     for each species of susceptible animal, the number of dead and the number suspected of being infected; and

(c)     the stock of milk, milk products, meat, meat products, carcases, hides and skins, wool, semen, embryos, ova, slurry, manure, fodder and used litter.

(2)     The occupier must maintain the records kept under sub-paragraphs (1)(a) and (1)(b) by updating them within 24 hours of any change.

2        Straying of susceptible animals in protection and surveillance zones

(1)     The keeper of a susceptible animal in a protection zone or surveillance zone must take all such steps as are necessary to prevent it from straying from the premises on which it is kept.

(2)     The Minister or a police officer may seize and confine any stray or feral susceptible animal found in a protection zone or a surveillance zone.

3        Control of dogs and controlled birds in protection and surveillance zones

(1)     The keeper of any dog or controlled bird in a protection zone or surveillance zone must keep it under effective control.

(2)     An inspector may seize any dog that is not kept under control and deal with it as if it was a dog seized under Article 7 of the Dogs (Jersey) Law 1961[3].

(3)     If an inspector considers any dog or controlled bird not to be under control, the inspector may, by notice served on the occupier of the premises where it is kept, require the occupier to keep that dog or bird under control, or to confine it to the part of the premises specified in the notice.

4        Shearing or dipping sheep in protection or surveillance zones

(1)     Except under the authority of a licence granted by an inspector, a person must not in a protection zone or surveillance zone –

(a)     shear or dip sheep; or

(b)     handle fleeces or sheep during shearing or dipping.

(2)     However, the prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his or her employees (other than any person employed by the occupier primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.

(3)     In this paragraph –

(a)     “shearing” includes clipping and dagging; and

(b)     “dipping” includes showering and jetting sheep with sheep dip.

5        Ultrasound scanning of sheep in protection or surveillance zones

(1)     A person must not carry out ultrasound scanning of sheep in a protection zone or surveillance zone except under the authority of a licence granted by an inspector.

(2)     However, the prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his or her employees (other than any person employed by the occupier primarily for the purpose of carrying out ultrasound scanning of sheep) in respect of the carrying out of ultrasound scanning of sheep kept on those premises using ultrasound scanning equipment belonging to or in the possession of the occupier.

6        Control of animal products from susceptible animals originating in protection or surveillance zones

A person must not sell or consign for sale any of the following taken from susceptible animals originating in a protection zone or surveillance zone, or produced in such a zone from susceptible animals, unless licensed by a veterinary inspector –

(a)     any semen, ova or embryos;

(b)     any hides or skins;

(c)     any wool, ruminant hair or pig bristles; or

(d)     any other animal product not mentioned in paragraph 7 or 8.

7        Meat and meat products derived from susceptible animals originating in protection or surveillance zones

(1)     This paragraph applies to meat and meat products derived from susceptible animals originating in a protection zone or a surveillance zone.

(2)     A person must not sell or consign for sale meat or meat products to which this paragraph applies or move such meat or meat products out of a protection zone or a surveillance zone unless licensed by a veterinary inspector.

(3)     In the case of meat to which this paragraph applies, a veterinary inspector must not grant a licence unless the meat –

(a)     was produced more than 21 days before the earliest infection date in the protection zone or surveillance zone;

(b)     after production, was at all times stored and transported separately from meat to which this paragraph applies produced on or after that date; and

(c)     was health marked or identification marked in accordance with EU legislation.

(4)     In this paragraph –

“health marked” means bearing the health mark required by article 5(2) of Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ No L 139, 30.4.2004, p. 206);

“identification marked” means bearing the identification mark required by article 5(1) of Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (OJ No L 139, 30.4.2004, p. 55).

8        Milk and milk products produced from susceptible animals originating in, or on premises in, protection or surveillance zones

(1)     A person must not sell or consign for sale –

(a)     any milk produced from the raw milk of a susceptible animal on premises in a protection zone or a surveillance zone; or

(b)     any milk product produced from such milk,

unless it complies with sub-paragraph (2) or (3).

(2)     Milk and milk products comply with this sub-paragraph if –

(a)     they were produced more than 21 days before the earliest infection date in the protection zone or surveillance zone; and

(b)     they have at all times been stored and transported separately from milk and milk products produced on or after that date.

(3)     Milk and milk products comply with this sub-paragraph if –

(a)     they were produced from the raw milk of a susceptible animal –

(i)      on premises that comply with sub-paragraph (4), and

(ii)      where that raw milk has been imported into Jersey, it has been transported to the premises under licence issued by an inspector; or

(b)     they have been treated so as to fall within paragraph 1 of Schedule 2 on premises that comply with sub-paragraph (4).

(4)     Premises comply with this sub-paragraph if they are authorized by a licence granted by the Minister imposing such conditions as he or she considers necessary to ensure strict veterinary control.

9        Transport, treatment and spreading of dung and manure produced in protection and surveillance zones

(1)     This paragraph applies to dung or manure –

(a)     from premises in a protection zone or a surveillance zone where susceptible animals are kept; or

(b)     collected from vehicles carrying susceptible animals from or within a protection zone or a surveillance zone.

(2)     A person must not transport dung or manure –

(a)     where it was produced in a protection zone, unless it is to an establishment for treatment to destroy the disease virus under the authority of a licence granted by the Minister or it complies with sub-paragraph (4);

(b)     where it was produced in a surveillance zone, unless it is to an establishment for treatment to destroy the disease virus under the authority of a licence granted by the Minister or it complies with sub-paragraph (5); and

(c)     unless it complies with sub-paragraph (8).

(3)     An inspector may by notice served on the occupier of premises to which dung or manure is transported by licence granted under sub-paragraph (2) say how the dung or manure is to be treated.

(4)     Transport of dung or manure complies with this sub-paragraph if –

(a)     the dung or manure is for spreading on premises where no susceptible animals are kept; and

(b)     if the dung or manure is from bovine animals or pigs –

(i)      all animals on the premises where it was produced have been clinically examined by a veterinary inspector who is satisfied by such examination that they are free of infection, and

(ii)      the dung or manure was produced at least 4 days before such examination.

(5)     Transport of dung or manure complies with this sub-paragraph if –

(a)     the dung or manure is for spreading;

(b)     the transport is under the authority of a licence granted by an inspector; and

(c)     before grant of the licence a veterinary inspector clinically examined all susceptible animals on the premises where it was produced and was satisfied by such examination that they are not suspected of infection.

(6)     A person must not spread dung or manure unless such spreading is authorized by a licence granted by an inspector and the dung or manure –

(a)     is spread from not more than 1 metre above the ground;

(b)     if spread as a liquid, is not discharged by equipment producing a jet or spray unless the discharge point is directed downwards at an angle of not less than 45° from the horizontal; and

(c)     is immediately incorporated into the ground.

(7)     Any licence granted under sub-paragraph (6) must contain at least the following terms –

(a)     designation of the areas within which the dung and manure must be spread;

(b)     designation of a distance from other premises where susceptible animals are kept within which dung or manure must not be spread.

(8)     Transport of dung or manure complies with this sub-paragraph if it is carried out in a vehicle that is –

(a)     constructed and maintained so that there is no leakage of the load during transport; and

(b)     cleansed and disinfected after loading and before leaving the premises of origin.

(9)     After transporting dung or manure under this paragraph, the person in charge of the vehicle must ensure it is cleansed and disinfected after unloading or spreading and before leaving the premises of destination.

(10)    The person in charge of a vehicle to be cleansed and disinfected so as to comply with sub-paragraph (9) must ensure that such cleansing and disinfection is carried out so that –

(a)     the exterior (including the wheels and wheel arches) is not marked with mud, dung, manure or similar matter on leaving either premises;

(b)     the interior (excluding any driver or passenger compartment) is not so marked on leaving the premises of destination; and

(c)     any additional requirements as an inspector directs are complied with.

PART 2 – Measures applicable only in respect of a protection zone

10      Movement of susceptible animals from or to premises in a protection zone

(1)     A person must not move any susceptible animal from or to premises in a protection zone.

(2)     However, the prohibition in sub-paragraph (1) does not apply to movement from one part of premises to another part of the same premises using a public highway under the authority of a licence granted by the Minister.

11      Movement of non-susceptible animals from or to premises in a protection zone where susceptible animals are kept

(1)     A person must not move any non-susceptible animal from or to premises in a protection zone where susceptible animals are kept.

(2)     However, the prohibition in sub-paragraph (1) does not apply to –

(a)     the movement of pet animals that are not susceptible animals;

(b)     the movement of horses under the terms of a licence granted by the Minister; or

(c)     the movement from one part of premises to another part of the same premises using a public highway under the authority of a licence granted by the Minister.

12      Movement of animals into or out of a protection zone

(1)     A person must not move any animal into or out of a protection zone.

(2)     However, the prohibition in sub-paragraph (1) does not apply to –

(a)     movements permitted under paragraphs 7 or 8;

(b)     the movement of pets that are not susceptible animals;

(c)     the movement of horses under the terms of a licence granted by the Minister.

13      Movement of vehicles from premises in a protection zone where susceptible animals are kept

A person must not move any vehicle designed or adapted for the transport of animals from premises in a protection zone where susceptible animals are kept except under the authority of a licence granted by the Minister.

14      Control of animal gatherings in a protection zone

A person must not hold any gathering of animals in a protection zone.

15      Control of gatherings of people in a protection zone

(1)     A person must not hold or take part in the following activities in a protection zone –

(a)     hunting any drag or other trail;

(b)     falconry, except under the authority of a licence granted by the Minister;

(c)     point-to-point meetings.

(2)     Subject to sub-paragraphs (3) and (4), a person must not shoot game or other wildlife in a protection zone.

(3)     The occupier of any land, members of the occupier’s household, persons employed by the occupier as beaters and any member of a shooting party of not more than 3 persons authorized by the occupier may shoot game, other wildlife found on that land.

(4)     A person may shoot birds under the authority of a licence granted by a veterinary inspector.

(5)     Where holding any recreational or sporting activity may, in the opinion of the States Veterinary Office, spread disease, an inspector may prohibit it by serving a notice on the person responsible for the activity.

(6)     In this paragraph “falconry” means the use of birds of the order Falconiformae to hunt for game or other wildlife.

16      Breeding in a protection zone

(1)     A person must not carry out breeding of susceptible animals by means of itinerant service in a protection zone.

(2)     A person must not carry out artificial insemination of animals or collect any embryo or ovum in a protection zone except in compliance with sub-paragraph (3) or (4).

(3)     Artificial insemination of a susceptible animal complies with this paragraph if it satisfies the following requirements –

(a)     it is carried out by the occupier of the premises where the animal is kept (or any employee of that occupier);

(b)     the semen and equipment to be used has not left the premises since the protection zone was declared, or was delivered to the occupier or his or her employee at a place outside the premises from a semen collection centre.

(4)     Artificial insemination of a non-susceptible animal or the collection of embryos or ova from such an animal complies with this paragraph if –

(a)     it is carried out by the occupier of the premises where the animal is kept (or any employee of that occupier); and

(b)     either no susceptible animals are kept on the premises or (in the case of artificial insemination only) it is carried out under the authority of a licence granted by a veterinary inspector.

17      Transport of fodder in a protection zone

A person must not transport fodder to premises in a protection zone where susceptible animals are kept except under the authority of a licence granted by the Minister.

18      Sale of fodder originating in a protection zone

A person must not sell or consign for sale fodder produced in a protection zone unless it satisfies one of the following requirements –

(a)     it was –

(i)      produced more than 21 days before the earliest infection date in the protection zone, and

(ii)      at all times stored and transported separately from other fodder and in such a way as to avoid contamination;

(b)     it is licensed for sale in that protection zone to the final user by an inspector;

(c)     it was produced on premises where susceptible animals are not kept using raw materials also produced on such premises or raw materials produced outside the protection zone;

(d)     it is straw or forage treated in accordance with paragraph 2 of Schedule 2.

19      Collection, transport and processing of raw milk produced in a protection zone

(1)     A person must not collect and transport raw milk produced on premises in a protection zone where susceptible animals are kept out of that protection zone or process any such milk unless such transport complies with sub-paragraph (2) and is carried out in a vehicle that has been authorized to operate by a licence granted by the Minister.

(2)     Transport complies with this sub-paragraph if it is –

(a)     transport of samples –

(i)      to a laboratory operated by a person in possession of a licence granted under Article 15(1) of the Law to handle foot and mouth disease virus, or

(ii)      to another laboratory under the authority of a licence granted by an inspector; or

(b)     transport to premises, other than a laboratory, under the authority of a licence granted by an inspector.

(3)     A licence granted under sub-paragraph (2)(b) must specify the route to be taken and must include a condition prohibiting the vehicle from entering any premises in the zone where susceptible animals are kept for purposes other than to load milk.

(4)     Any person transporting raw milk under the authority of a licence granted under sub-paragraph (2)(b) must ensure that –

(a)     the vehicle used is constructed and maintained so that there is no leakage of milk during transport and is equipped to avoid aerosol dispersion during loading and unloading;

(b)     before every loading, the vehicle is cleansed and disinfected in accordance with the directions of an inspector; and

(c)     after every loading and before leaving the premises, the connection pipes, tyres, wheel cases and lower parts of the vehicle, and any spillage of milk, are cleansed and disinfected in accordance with the directions of an inspector.

(5)     A person must not process raw milk transported to a laboratory under this paragraph except under the authority of a licence granted by an inspector.

PART 3 – Measures applicable only in respect of a surveillance zone

20      Movement of susceptible animals from premises in a surveillance zone

(1)     Subject to this paragraph, a person must not move any susceptible animal from premises in a surveillance zone.

(2)     The prohibition in sub-paragraph (1) does not apply to transport of susceptible animals for slaughter direct to a slaughterhouse in that surveillance zone under the terms of a licence granted by an inspector.

(3)     An inspector must not grant a licence under sub-paragraph (2) unless he or she is satisfied that –

(a)     the records required by paragraph 1 have been maintained in respect of the premises;

(b)     a veterinary inspector has within the previous 24 hours inspected every susceptible animal on the premises and has carried out a clinical examination of a representative sample of such susceptible animals; and

(c)     there is no suspicion of infection or contamination on the premises.

(4)     A licence granted under sub-paragraph (2) may permit transport through the associated protection zone and if so must include a condition requiring that the vehicle travel through that protection zone without stopping.

(5)     The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2) must ensure that it is cleansed and disinfected in accordance with Article 18.

(6)     The prohibition in sub-paragraph (1) does not apply to the leading of susceptible animals to pasture in that surveillance zone under the authority of a licence granted by an inspector.

(7)     An inspector must not grant a licence under sub-paragraph (6) unless –

(a)     the inspector is satisfied that a veterinary inspector has examined all susceptible animals on the premises (including testing of samples) and concluded that there are no animals there suspected of being infected or contaminated;

(b)     at least 15 days have elapsed since the most recent confirmed case of disease in the associated protection zone; and

(c)     the licence contains a term requiring that animals do not come into contact with susceptible animals from other premises.

(8)     The prohibition in sub-paragraph (1) does not apply to movement from one part of premises to another part of the same premises using a public highway under the authority of a licence granted by a veterinary inspector or by an inspector at the direction of a veterinary inspector.

21      Control gatherings of animals or people in a surveillance zone

(1)     A person must not –

(a)     hold any gathering of animals which includes susceptible animals in a surveillance zone; or

(b)     hold any gathering of people on premises in a surveillance zone in connection with the sale of any susceptible animal kept there at which more than 2 people (other than the keeper of the animal and his or her representatives) are present,

except under the authority of a licence granted by a veterinary inspector.

(2)     A person must not hold or take part in hunting any drag or other trail in a surveillance zone except under the authority of a licence granted by a veterinary inspector.

22      Collection, transport and processing of raw milk produced in a surveillance zone

A person must not collect, transport or process raw milk produced on premises in a surveillance zone where susceptible animals are kept except under the authority of a licence granted by an inspector.


SCHEDULE 7

(Articles 18 and 21)

cleansing and disinfection of livestock vehicles

1        General

All cleansing and disinfection must be carried out so as to reduce so far as reasonably practicable the risk of transmission of disease.

2        Parts of vehicle required to be cleansed

(1)     The following must be cleansed whether or not they are soiled –

(a)     all the inside surfaces of those parts of the livestock vehicle in which the animals are transported; and

(b)     the wheels, mudguards and wheel arches of that vehicle;

(c)     all parts of the vehicle to which the animals may have had access during the journey;

(d)     the interior of an animal container.

(2)     The following must be cleansed if they are soiled –

(a)     any detachable parts of the livestock vehicle;

(b)     any other part of that vehicle;

(c)     any equipment carried with the vehicle; and

(d)     the exterior of an animal container and any other parts of the vehicle carrying the container.

3        Disinfection

(1)     Every part of the livestock vehicle required to be cleansed must also be disinfected.

(2)     Where a driver’s cab is cleansed and disinfected because it is soiled, the vehicle must not be driven until all disinfectant fumes have gone.

4        Method of cleansing

Cleansing must be by removing any feedingstuffs to which animals have had access, litter, excreta and other material of animal origin, mud and other contaminants using any appropriate means, and then cleansing with water, steam or where appropriate chemicals or chemical compounds (or, if necessary, any combination of these) until free of dirt.

5        Disposal of material after cleansing

The person required by Article 18(1) to cleanse and disinfect a livestock vehicle under this Schedule must ensure that everything removed from vehicle under paragraph 4 is –

(a)     destroyed;

(b)     treated so as to remove the risk of transmission of disease; or

(c)     disposed of so that animals have no access to it.

6        Cleansing and disinfection in relation to horse transporters

Vehicles for the transport of horses must have –

(a)     the interior cleansed and, where necessary, disinfected;

(b)     the wheels, mudguards and wheel arches cleansed and disinfected; and

(c)     any soiled litter and excreta removed and disposed of in accordance with paragraph 5.

7        Records

The person in charge of a vehicle that is cleansed and disinfected under this Schedule must ensure that a written record of it is made that includes the date and time of the operation and, so far as is possible, that the record is kept with the vehicle for 6 months from that date.

 

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Animal Health (Foot and Mouth Disease) (Jersey) Order 2017

R&O.10/2017

1 February 2017

Table of Renumbered Provisions

Original

Current

23

Spent, omitted

24

23

Table of Endnote References



[1]                                    L.12/2016

[2]                                    L.12/2016

[3]                                    chapter 02.550


Page Last Updated: 30 Apr 2019