Animal Health (Jersey)
A LAW to control certain diseases of animals and birds and for connected
this Law, unless the context otherwise requires –
“animal” has the meaning assigned by Article 4;
has the definition set out in Regulation (EC) No. 1069/2009
(OJ No L 300 14.11.2009) as that definition may be amended,
extended, applied under another EU provision substituted or re-enacted from
time to time;
the measures to reduce the risk of introduction or transmission of a disease;
“bird” means any
bird that is kept –
captivity (including by treating it in any way designed to restrict its ability
the production of meat or eggs for consumption, the production of other
products, for restocking supplies of game or for the purposes of any breeding
programme for the reasons of such production; or
shows, races, exhibitions, competitions, breeding or sale;
“carcase” means a
carcase or part of a carcase but does not include a sample taken from a
“carrier” means –
creature (except man) that may carry or transmit a specified pathogen; or
tissue, cell culture, body fluid, excreta or carcase of a creature by or by
means of which such a pathogen may be carried or transmitted;
means an area of land, declared under Article 26(1) or any Order, to which
“disease” has the meaning assigned by Article 2;
“EU Law” means the
European Union Legislation (Implementation) (Jersey) Law 2014;
means Regulations or Orders made under Article 2 of the EU Law or any EU
provision that is directly applicable in or binding upon Jersey where such
Regulations, Order or provision relates to matters capable of regulation by
“EU provision” has
the same meaning as in Article 1(3) of the EU Law;
“horse” means any
animal of the family Equidae, including
crossings of species within that family;
“inspector” means a
person appointed as such under Article 6(1);
“keeper” means any
person who owns or has custody of an animal or bird, whether on a permanent or
temporary basis or whether or not for financial reward, or who is concerned in
the management or control of any body whose activities include keeping or
dealing in animals or birds;
Minister for the Environment;
“occupier” means any
person having day-to-day responsibility for any premises or for any animals or
birds on any premises;
any land, building or other place;
“product of animal origin”
means any product of animal origin from time to time listed in the Annex to
Commission Decision 2002/349/EC (laying down the list of products to be
examined at border inspector posts under Council Directive 97/78/EC (OJ L 121,
8.5.2002, p. 6 as read with Commission Regulations (EC) No. 136/2004 (OJ L 21,
28.1.2004, p. 11) and (EC) No. 745/2004 (OJ L 122, 26.4.2004, p. 1));
means this Law, any Order made under this Law or any EU legislation;
“sentinel” means an
animal or bird kept on premises to facilitate the detection of disease or other
risk to animal or human health;
“specified pathogen” has the meaning assigned by
“States Veterinary Officer”
means a person appointed as such under Article 5;
“vector” means a
tick of the species Ornithodorus erraticus, insect
of the genus Culicoides or any other arthropod
or insect capable of transmitting disease;
any means of transport by land, sea or air, its fittings, its detachable parts
and any containers (whether detachable or not) used with it;
means an inspector designated as such under Article 6(2);
“wild”, in relation
to an animal or bird, means non-captive and living in the wild, and “wild
animal” is not limited by the definition “animal”.
the context otherwise requires, expressions used in any Order that is treated
under Article 33(2) as having been made under this Law have the same
respective meanings as in this Law.
the purposes of the relevant legislation –
or unenclosed land forms separate premises from other land unless the parcels
of land adjoin and all animals kept on each parcel of land are in charge of the
notice that is to be served on the occupier of premises wholly or partially
comprising any common or unenclosed land is validly served if served on every
keeper of animals kept there who is reasonably ascertainable;
requirement or restriction imposed on the occupier of premises wholly or
partially comprising any common or unenclosed land applies to every keeper of
animals kept there.
to this Article, in this Law “disease” means a disease or pest
specified in Schedule 1.
Minister may, by Order –
the purposes of any other relevant legislation and the applicability of this
Law to it, restrict the definition in paragraph (1) so as to exclude any
disease specified in that Schedule or extend the definition to apply to any
of “specified pathogen”
this Law “specified pathogen” means a pathogen listed in Schedule 2,
including any –
that has been attenuated or genetically modified by any means; and
nucleic acid derived from a pathogen listed in that Schedule that could produce
that pathogen when introduced into a biological system in which the nucleic
acid is capable of replicating.
Minister may, by Order, amend Schedule 2.
this Law, unless the context otherwise requires, “animal” means any
ruminating animal, swine, horse or honey bee (at any stage of life).
the Minister may, by Order –
the definition in paragraph (1); or
the purposes of any other relevant legislation and the applicability of this
Law to it, restrict that definition or extend it to include any living being of
the kingdom Animalia other than a human
general powers of minister
of States Veterinary Officer
Minister must appoint a veterinary surgeon to the post of States Veterinary
Officer to carry out the functions of the States Veterinary Officer under the
relevant legislation and such other functions relating to veterinary matters as
the Minister may specify.
Minister may make temporary arrangements for another veterinary surgeon to
carry out any or all of the functions of the States Veterinary Officer.
of inspectors and other officers
Minister may appoint persons to be inspectors to carry out the functions of
inspectors specified under the relevant legislation.
Minister may designate any inspector who is a veterinary surgeon to be a
veterinary inspector to carry out, additionally, the functions of veterinary
inspectors specified in the relevant legislation.
States Veterinary Officer is ex officio both a veterinary inspector and an
Minister may appoint persons to carry out such functions required by EU
legislation as the Minister considers appropriate.
Minister may impose such conditions as he or she considers appropriate on any
person appointed under this Article.
in relation to animal health, etc.
Minister may make such Orders as he or she thinks fit –
for the execution of this Law or for the purposes of protecting animal health
and reducing the risk to human health from the spread of zoonotic diseases;
particular (but without limiting sub-paragraph (a)) for any of the
purposes set out in Part 1 of Schedule 3, and, where the Minister
considers it necessary for the prevention or control of rabies, for any of the
purposes set out in Part 1 and Part 2 of that Schedule;
giving effect or further effect to, or dealing with matters arising out of or
related to any EU provision dealing with matters capable of regulation by this
prescribing and regulating the payment and recovery of expenses.
Minister may, by Order, amend paragraph (1)(b) so as to extend the
Order-making powers in Part 2 of Schedule 3 to diseases other than
of samples taken by Minister
Where the Minister has taken or caused to be taken a sample from an
animal or bird (including any wild animal or bird), vector or the environment,
the Minister may use that sample for any purpose relating to the protection or
enhancement of animal or human health.
Minister may by Order designate any disease of, or organism carried in, any
animal or bird that in the opinion of the Minister constitutes a risk to human
any disease or organism is for the time being designated under this Article,
the Minister may by Order –
that any provision of this Law having effect in relation to the disease is to
have effect subject to such modifications as may be specified in the Order;
any provision of this Law, subject to any modifications so specified, in
relation to the presence of such an organism in an animal or bird as if the
presence of the organism were a disease; and
any person who possesses any animal or bird that the person knows or suspects
is affected with such a disease to notify the Minister.
it appears to an inspector that a person may have information relating to an
animal or bird (including any wild animal or bird) that is –
with a disease designated under this Article; or
carrier of an organism so designated,
the inspector may by notice require the person to furnish such
information relating to the animal or bird as the person possesses to the
inspector and in such form and within such period as the notice may specify.
this Article “disease” is not limited by the definition in, or
restricted or extended under, Article 2.
the Minister is satisfied that there is a risk of a disease spreading to Jersey
or from wild animals within Jersey the Minister may take any reasonable
measures to reduce that risk or to contain the disease.
measures may include, but are not limited to, any of the measures listed in
measures may be imposed or facilitated by the service of a notice or the
declaration of a controlled zone, or in such manner as the Minister considers
under Article 7 may prescribe the measures to be taken in the case of any
particular disease and the matters the Minister must take into account.
the use of an approved disinfectant is required in accordance with any relevant
legislation, the disinfectant to be used must, unless otherwise expressly
stated in that legislation, be a disinfectant approved from time to time in
England for the purposes of, and published as an approved disinfectants product
in accordance with, the English Disinfectants Order.
vessel, container or package containing an approved disinfectant must, before
being sold or offered for sale for use in connection with the provisions of
relevant legislation, bear a label that complies with the English Disinfectants
a sample of disinfectant is taken by an inspector in accordance with this Law,
the person from whom the sample is taken must give the inspector all such
particulars as the inspector reasonably requires as to the name and composition
of the disinfectant used.
person must not –
or offer for sale an approved disinfectant in relation to which there has been
a failure to comply with paragraph (2);
any vessel, container or package containing a disinfectant that is not an
approved disinfectant with any label, statement or indication that it is an
approved disinfectant; or
or offer for sale a disinfectant that has been marked in contravention of sub-paragraph (b).
this Article (and any in other relevant legislation) –
“English Disinfectants Order” means the Diseases of
Animals (Approved Disinfectants) (England) Order 2007 or any enactment
revoking and re-enacting that Order with or without further amendment.
Minister may by Order amend this Article so as to ensure that the requirements
of this Article continue to reflect the requirements for approved disinfectants
of suspected disease
person who suspects that an animal or bird or its carcase is affected by
disease must immediately notify the Minister.
occupier of the premises where the suspect animal or bird or its carcase is
located, being premises other than a slaughterhouse, must
from moving or permitting to be moved any animal or bird, or its carcase or any
other thing from the premises;
any person who has been in contact with any animal or bird or its carcase, or
who has been on any part of the premises that may be contaminated with disease,
to take all necessary biosecurity precautions to reduce the risk of spreading
disease before leaving the premises; and
with any directions given by a veterinary inspector.
the Minister has been notified under paragraph (1) that an animal or its
carcase at a slaughterhouse is affected by disease (other than enzootic bovine leucosis),
the operator of the slaughterhouse –
not permit any animal to be killed unless authorized by a veterinary inspector;
identify and isolate any carcase –
respect of which those notification requirements apply,
from the same premises, and
has been in contact with any carcase mentioned in clause (i) or (ii),
so that no such carcases come into contact with any other animal or
carcase at the slaughterhouse.
requirements of paragraphs (2) and (3) continue to apply until, having
made investigation, a veterinary inspector –
the occupier that the presence of disease on the premises is no longer
the premises under further disease control restrictions.
on spreading disease
person must not without lawful authority (proof of which lies on the person)
knowingly do anything that –
or is intended to cause any animal or bird (of any kind) to be infected with or
affected by a disease;
interfere with an official test for a disease; or
symptoms similar to, or masks the symptoms of, a disease.
this Article “official test for a disease” means a test undertaken
under powers in the relevant legislation by an inspector or other person
authorized by the Minister.
on the importation of bovine animals
(1) A person must not
import any bovine animal.
this Article “bovine animal” means domestic cattle of the genus Bos, Bubalus bubalis or
person must not, without being in possession of a licence granted by the
in his or her possession any specified pathogen listed in Part 1 of
Schedule 2 or any carrier in which he or she knows such a pathogen is
or recklessly introduce into an animal or bird (of any kind) any specified
person must notify the Minister immediately if the person, without being in
possession of a licence granted by the Minister, possesses any thing that he or
she suspects contains a specified pathogen and such notification must include
the address of the premises from where the thing has originated.
the Minister is notified under paragraph (2) a veterinary inspector must
as soon as is reasonably practicable investigate the premises concerned
the occupier that the presence of disease on the premises is not suspected; or
the premises under disease control restrictions by the service of a notice.
any inspector has reasonable grounds for suspecting that a specified pathogen
or carrier is in the possession of any person without a licence for that
pathogen or carrier, the inspector may seize, or cause to be seized, such
pathogen or carrier, or any material in which the inspector reasonably suspects
the pathogen to have been kept or into which he or she reasonably suspects it
to have been introduced.
the inspector considers it expedient to do so, the inspector may for the
purpose of reducing the risk of the introduction or spreading of disease
detain, treat or destroy any pathogen or carrier seized under
inspector may, by notice served upon –
occupier of any premises (including a dwelling house); or
owner or person in charge of any vehicle, in which the inspector reasonable
suspects that a pathogen, carrier or material mentioned in paragraph (4)
is or has been present in contravention of this Article,
the person on whom the notice was served, at that person’s expense, to cleanse and disinfect, and if necessary disinfest, the premises
or vehicle in such manner and within such period as the inspector may specify
in the notice.
Article does not apply to any specified pathogen isolated from a human being
nor any specified pathogen or carrier contained in any product for which a
product licence has been granted under Article 8 of the Medicines (Jersey)
seize any thing that the inspector considers is at risk of carrying or
arrange for the destruction, burial, treatment or such other method of disposal
as the inspector considers expedient of anything so seized so as to reduce the
risk of the spread of disease.
seizing any thing under this Article the inspector must give notice of his or
her intention to do so –
the occupier of the premises where the thing is kept; or
the owner or keeper of the thing.
Article applies to any disease that the inspector considers might pose a risk
to animal, bird or human health and in this Article “disease” is
not limited by the definition in, or restricted or extended under,
Minister may pay compensation under Article 18 to the owner of the thing
so seized as if the references there to the killing of an animal or bird were a
reference to the seizing of any thing.
KILLING and compensation
Minister may, if he or she thinks fit, cause to be killed any animal or bird
affected or suspected of being affected with any disease to which this Article
or has been in the same enclosure or other place as, or otherwise in contact
with, a diseased animal or bird or that appears to the Minister to have been
exposed to the infection of the disease.
causing any animal or bird to be killed under paragraph (1) the Minister
must give notice of his or her intention to do so –
the occupier of the premises where the animal or bird is kept; or
the owner or keeper of the animal or bird.
power in paragraph (1) applies whether or not the animal or bird to be
killed has been treated with a vaccine or serum against the disease concerned.
under this Law, an animal or bird has been killed at the direction of the
Minister, the Minister may use any land in the possession or occupation of the
owner of the animal or bird or the public that is suitable for the burial or
burning of the animal or bird’s carcase, or any other suitable land in
private ownership with the agreement of the owner.
the Minister is required under any EU legislation to kill animals or birds, the
Minister may decide not to do so in respect of any animal or bird –
in a zoo or wildlife park; or
research or breeding for such research, or
related to conservation of species or genetic resource.
the Minister decides under paragraph (5) not to kill an animal or bird, a
veterinary inspector must serve a notice on the occupier of the premises on
which it is kept detailing the biosecurity arrangements that the occupier must
follow to reduce the risk of the spread of disease.
Minister may for disease control reasons at any time decide to order the
killing of any animal or bird that has previously been spared under
Article applies to such diseases of animals as the Minister may specify by
Minister may, with the approval of the Minister for Treasury and Resources, pay
to the owner of any animal or bird killed under Article 17 reasonable
compensation for the direct loss that the owner has suffered as a result of the
compensation must relate to the financial value of the animal or bird killed
and not to any consequential or future losses.
Minister may establish such schemes or methodology for the paying of
compensation under this Article as the Minister considers appropriate and such
schemes or methodology may, amongst other things, provide for some or all of
the following –
to be limited to certain circumstances or diseases;
Minister to act in accordance with certain criteria;
to be a maximum level of compensation in some or all cases;
independent valuer to be appointed in certain circumstances.
paragraph (1) and any provision of a scheme or methodology established
under paragraph (3), the Minister must reduce or refuse to pay compensation
if the owner of the animal or bird (or any person acting on the owner’s
behalf) has –
to take reasonable measures to reduce the risk of spread of disease;
the relevant legislation; or
an animal that was, in the Minister’s opinion, diseased at the time of
its landing or, before or while being brought from outside the Island, exposed
to the infection or disease.
powers of inspectors
powers of entry into premises and to stop and enter vehicles
inspector may enter any premises, other than premises used wholly or mainly as
a private dwelling, and stop and enter any vehicle at any reasonable hour, for
the purpose of enforcing any relevant legislation and, in particular, where the
inspector has reason to suspect that –
is disease at the premises or in the vehicle;
animal or bird is or has been kept there that is affected with a disease
designated under Article 9;
carcase of an animal or bird that is affected or suspected of being affected by
a such a disease is or has been kept there, or has been buried, destroyed or
otherwise disposed of there;
animal, bird or thing is being kept there contrary to any relevant legislation;
relevant legislation is otherwise not being complied with.
veterinary inspector may enter any premises at any time if he or she has reason
to believe that there is an immediate risk to human health from an animal or
bird affected with a zoonotic disease, whether or not designated under
asked, the inspector or the veterinary inspector, as the case may be, must
produce a document showing that he or she is an inspector or veterinary
inspector, before exercising that power.
inspector who enters –
that are unoccupied; or
whose occupier is absent,
must (so far as reasonably practicable)
leave the premises as effectively secured as he or she found them.
Bailiff or a Jurat, if satisfied on sworn information –
there are reasonable grounds for entry into any premises for the purposes of
the enforcement of the relevant legislation; and
either the premises are used
wholly or mainly as a private dwelling or any of the circumstances in paragraph (6)
may grant a warrant authorizing an
inspector, together with a police officer, to enter the premises and to use
such force as is reasonably necessary to do so.
circumstances are –
admission has been refused, or a refusal is expected, and (in either case)
notice to apply for a warrant has been given to the occupier;
asking for admission, or the giving of such a notice, would defeat the object
of the entry;
the case is one of urgency; or
the premises are unoccupied or the occupier is absent.
warrant under this Article is valid for one month.
powers of an inspector entering any premises or vehicle under Article 19
include but are not limited to the following –
inquiries, inspections and examinations, including of documents and computer
records, recording, measuring or photographing anything or transcribing, taking
copies of or seizing those documents and records;
in any way any animal, bird or thing;
samples and having them tested;
isolating or requiring the movement of any animal, bird or thing;
such cleansing and disinfection, disinfestation, treatment or destruction
(including if appropriate by fire) of any bird, animal or thing as is suitable
in the circumstances;
surveillance for any purpose including the use of sentinels;
detaining, taking samples from or vaccinating a wild animal or wild bird;
a wild animal or wild bird if the States Veterinary Officer is satisfied that
killing is necessary either for the control of disease or for surveillance
by notice served on the occupier of the premises or person in charge of the
vehicle, as the case may be, that the person undertake any action that the
inspector reasonably considers appropriate to enforce the relevant legislation.
the purposes of paragraph (1)(i) the States Veterinary Officer must take
particular account of –
practicality of taking samples from the wild animal or wild bird without
practicality of detaining the wild animal or wild bird pending the results of
any testing or sampling; or
likelihood of wild animals or wild birds spreading disease or being at risk of
inspector may by notice served on the person, require the owner or person
having charge of any animal or bird on any premises to take such reasonable
steps as the inspector may specify to collect or restrain it so as to
facilitate the exercise of the inspector’s powers in relation to the
animal or bird.
exercising a power under this Article or Article 19, an inspector may be
accompanied by –
other persons as he or she considers necessary; and
representative of the European Commission acting for the purpose of the
enforcement of any obligation under the EU treaties (as defined by
Article 1(1) of the European Union (Jersey) Law 1973).
inspector may authorize a competent person to undertake any of the functions of
the inspector under this Article other than with respect to the serving of
notices under paragraph (1)(j) or (3).
inspector may take any necessary equipment or vehicle onto any premises entered
for the purposes of this Article or Article 19.
of inspectors where relevant legislation contravened
a person contravenes any provision of the relevant legislation an inspector may
take such steps as he or she considers necessary to ensure that the provision
is not further contravened or that its requirements are carried out.
steps taken may include the killing of animals and birds and the seizure,
destruction, burial or any other treatment of any thing.
Minister may reclaim the cost of any steps taken under this Article from the
person who contravened the requirement and enforce the claim as a debt owed to
veterinary inspector may carry out risk assessments for the purposes of
considering whether any exceptional measures are necessary to ensure the health
of any animal, bird or human being or to reduce the risk of the spread of
a veterinary inspector, having undertaken a risk assessment under paragraph (1),
considers that such exceptional measures are necessary, he or she
a person to carry out any action otherwise prohibited under any relevant
a person, by notice, from any requirement of the relevant legislation; or
a person, by notice, from carrying out an action that would otherwise be
permitted, or not prohibited, by the relevant legislation.
notice served under the relevant legislation must be in writing and may be
amended, suspended or revoked in writing at any time.
notice is validly served on a person by –
it to the person personally;
it at the person’s proper address; or
it by post or electronic means to the person’s proper address.
the case of an unincorporated association, a notice may be served on or given
to an officer of the association.
notice that is required or authorized under the relevant legislation to be
served on the occupier of premises may be served on a person whom the person
serving the notice reasonably believes to be the occupier.
if the person who served the notice discovers that another person is in fact
the occupier of premises or the keeper of any animal or bird in connection with
which the notice was served, a notice must be served on that other person.
the name or address of any occupier of premises on whom a notice is to be
served or given under the relevant legislation cannot, after reasonable
enquiry, be ascertained, the notice may be served by leaving it conspicuously
affixed to a building or object on the premises.
the notice is urgent it may be served in the manner provided for under
paragraph (6) and a copy subsequently served in the manner provided for
under paragraph (2) if this is possible after reasonable enquiry.
notice may –
any action that an inspector reasonably believes is necessary for the
enforcement of the relevant legislation;
that a person in receipt of it must immediately inform an inspector that it has
person on whom a notice is validly served must comply with it.
(10) For the
purposes of this Article and Article 7 of the Interpretation (Jersey)
Law 1954, “proper
address” means –
the case of a body corporate or limited liability partnership or an officer of
the body or partnership –
registered or principal office in Jersey of the body or partnership, or
email address of the officer;
the case of any other partnership or a partner or person having control or
management of the partnership business –
principal office in Jersey of the partnership,
email address of the partner or person having control or management;
the case of an unincorporated association or an officer of the
office of the association, or
email address of the officer;
any other case, a person’s last known address, which includes an email
following contravention of movement controls
an inspector has reasonable grounds for suspecting that an animal or bird has
been moved to any premises in contravention of any provision of the relevant
legislation or any licence or notice served under it, the inspector may serve a
notice on the occupier of the premises requiring that animal or bird, or any
other animal or bird on the premises, to be there detained or moved to other
premises specified in the notice.
inspector may serve a notice, on the occupier of any premises mentioned in
paragraph (1) or to which any animal or bird is to move or has been moved
to under that paragraph, imposing such movement restrictions relating to an
animal or bird on those premises as the inspector considers necessary to reduce
the risk of spreading disease.
a licence is granted under any relevant legislation it must be in writing and
may be –
of general application (a “general licence”) or specific to any
particular animal, bird, person, premises or any other thing or particular
situation (a “specific licence”);
to conditions; and
suspended or revoked in writing at any time.
person moving an animal or bird or thing under the authority of a specific
licence must –
the licence or a copy of it at all times during the movement;
so demanded by an inspector, produce the licence or a copy of it and allow a
copy to be taken of it or details to be extracted from it; and
the licence relating to each movement for at least 6 months after the last
movement made under its authority.
person moving an animal, bird or thing under the authority of a general licence
all times during the movement, carry a document containing details
is being transported, including the quantity,
date of the movement,
names of the persons responsible for the animal, bird or thing being moved at
the place of departure and the place of destination,
addresses of the place of departure and the place of destination;
so demanded by an inspector, produce the document and allow a copy to be taken
of it or details to be extracted from it; and state which general licence gives
the authority for the movement; and
the documentation relating to each movement for at least 6 months after
the last movement made under its authority.
an animal, bird or thing has been moved to premises under a licence, an
inspector may serve a notice on the occupier of those premises imposing such
restrictions in relation to the premises as the inspector considers are
necessary to reduce the risk of spreading disease.
person to whom a licence is granted under any relevant legislation must comply
with any conditions of the licence.
the licence is required or authorized to be granted by a veterinary inspector,
it may also be granted by an inspector acting under the direction of a
Minister must publicize in such manner as he or she considers appropriate any
general licence including –
purpose of the licence and the conditions attached to it; and
date on which the licence becomes operative and, if applicable, is amended,
suspended or revoked.
an inspector has reasonable grounds for suspecting that a person has
contravened the terms of a general licence, the Minister may serve a notice
under Article 23 preventing the person from making use of any general
of controlled zones
Minister may declare any land to be a controlled zone for any purposes relating
to the relevant legislation and in respect of which certain measures may apply.
declaration of a zone under this Article –
be in writing;
define the extent of the zone being declared;
specify the disease to which the declaration relates;
specify measures that must be taken in respect of any animal, bird or thing
kept on premises within the zone; and
be amended or revoked by a further declaration.
premises partly within a zone are treated as being wholly within the zone and
if premises are partly in more than one zone the premises are treated as being
wholly within the zone to which the strictest controls apply.
Minister must publicise in such manner as he or she considers
extent of any zone declared and the disease to which it relates;
date on which the declaration becomes operative and ceases to become operative;
of any measures specified in the declaration; and
amendment to the declaration.
person who keeps an animal, bird or thing within the zone to which the
declaration relates must comply with any measure specified in the declaration
applicable to that animal, bird or thing.
A person must not –
obstruct or impede anyone acting in the execution or enforcement of the
with, or cause or knowingly permit to be interfered with, anything done by
anyone acting in the execution or enforcement of the relevant legislation;
to give to any person acting in the execution or enforcement of the relevant
legislation any assistance or information that is reasonably required;
to anyone acting in the execution or enforcement of the relevant legislation
any information knowing it to be false or misleading or not believing it to be
to produce a record when required to do so by any person acting in the
execution or enforcement of the relevant legislation.
there is a change in occupation of any restricted premises –
outgoing occupier must inform the Minister of the name and contact details of
the new occupier before the change in occupation takes place; and
the incoming occupier does not have day to day responsibility for any
restricted animal or bird, he or she must allow the keeper of any such animal,
or any person acting on behalf of the keeper, to enter the premises to feed or
otherwise attend to the welfare of any animal or bird during the period of its
restriction and for up to 7 days thereafter.
this Article “restricted,” in relation to any premises or any
animal or bird, means subject to a control or restriction under the relevant legislation.
offences and penalties
(1) A person is guilty of
an offence if the person without lawful authority or excuse, proof of which lies
on the person –
(a) contravenes any
requirement of the relevant legislation (including the terms of any notice,
licence or other requirement imposed under it); or
(b) does or fails to do anything
that is stated in the relevant legislation to be an offence or not to be lawful.
(2) A person guilty of an
offence under paragraph (1) is liable to imprisonment
for a term of 2 years and to a fine.
court before which a person is convicted of an offence under paragraph (1)
may, in addition to any other penalty, order that person to be disqualified,
for such period as it thinks fit, for keeping or otherwise having care of, in
all circumstances or in such circumstances as it may specify, any animal or
bird or such animals or birds of a description or kinds as the court may
(4) Paragraph (3)
does not prevent a person keeping any animals or birds during the time when
arrangements for their care are being arranged subject to such time limit as
the court may impose.
provisions as to offences
an offence under the relevant legislation, committed by a body corporate,
limited liability partnership or separate limited partnership, is proved to
have been committed with the consent or connivance of, or to be attributable to
any neglect on the part of –
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the body corporate; or
person purporting to act in any such capacity,
the person is also be guilty of the offence and liable in the same
manner as the partnership or body corporate to the penalty provided for that
the affairs of a body corporate are managed by its members, paragraph (1) applies
in relation to acts and defaults of a member in connection with his or her
functions of management as if the member were a director of the body corporate.
31 Protection of
inspector is not personally liable for anything that he or she does –
acting in the execution or purported execution of the relevant legislation; and
acting within the scope of his or her employment,
if the inspector is acting in the honest
belief that his or her duty under the relevant legislation requires or entitles
the inspector to do it.
(2) Paragraph (1)
does not affect any liability of the inspector’s employer.
32 Orders generally
under this Law may make provision by reference to, and may incorporate (by
reference, annexation or otherwise), any EU provision relating to matters
capable of regulation by this Law to such extent and subject to such
exceptions, adaptations and modifications as may be specified in the Order and
such provision may include references to any EU provision as it may be
amended from time to time.
under this Law may contain such incidental, supplementary and consequential
provisions as appear to the Minister to be necessary for the purposes of the
and consequential amendments to enactments
The States may by Regulations make such amendments to any enactment
as appears to the States to be expedient –
the general purposes, or any particular purpose, of this Law;
consequence of any provision made by or under this Law; or
giving full effect to this Law or any provision of it.
This Law may be cited as the Animal Health (Jersey) Law 2016.
Foot and mouth
Rhinotracheitis/Infectious Pustular Vulvovaginitis
Peste de Petit
Ruminants (Goat plague)
Rabies in bats
Rift Valley fever
Sheep and goat
Small hive beetle
West Nile fever
African swine fever
viruses that are –
(b) Type A viruses
that have an intravenous pathogenicity index in six-week-old chickens of
greater than 1.2; or
(c) Type A viruses H5
or H7 subtype for which nucleotide sequencing has demonstrated multiple basic
amino acids at the cleavage site of hæmagglutinin.
Classical swine fever
Eastern and Western
equine encephalomyelitis viruses.
Foot and mouth
Hendra disease virus.
Influenza viruses of avian origin in mammals.
Lumpy skin disease
Mycoplasma capricolum sub species capripneumoniae.
Mycoplasma mycoides sub species mycoides SC and mycoides LC variants.
Mycoplasma mycoides var capri.
(avian paramyxovirus type 1) viruses that are –
(a) uncharacterised; or
(b) have an intracerebral
pathogenicity index in one-day-old chicks of 0.4 or more, when not less than
10 million 50% egg infectious doses (EID50) are administered to each bird
in the test.
Nipah disease virus.
Peste des petits
Rabies virus and all
viruses of the genus Lyssavirus.
Rift Valley Fever
St. Louis equine
Sheep and goat pox
West Nile virus.
The live virus
causing viral hæmorrhagic disease of rabbits.
PART 1 –
POWERS EXERCISABLE IN ALL CASES
set fees or to require costs otherwise incurred by the Minister to be borne by
proscribe or regulate the import or export of animals, birds or any other thing
that might spread disease.
regulate the movement of animals, birds or any other thing that might spread
disease, require records to be kept of such movements and specify matters
relating to the keeping of such records.
require isolation of any animal, bird or other thing and specify matters
relating to the biosecurity conditions of such isolation.
require the recording of numbers and classes of animals or birds kept and
specify matters relating to the keeping of such records.
require the identification of animals or birds and specify the method of such
require keepers of animals or birds and those operating a business handling
animals or birds to be registered and to meet minimum standards.
undertake surveillance (including taking samples and conducting tests) for
require or to proscribe the treatment of animals or birds with vaccine or serum
or both and specify matters relating to such treatment including the keeping of
untreated animals and birds and their location on premises.
require biosecurity measures to be put in place on premises (including ports
and airports) or in vehicles and to specify matters relating to such measures.
proscribe or regulate the exhumation of animal or bird carcasses.
regulate artificial animal breeding.
approve disinfectants for use when required by the relevant legislation.
regulate hunting and gathering of animals and birds (of any kind).
regulate animal feedingstuffs and the inclusion of medication in feedingstuffs.
regulate animal by-products and other products of animal origin.
undertake investigations into the possible presence of disease including taking
samples from animals or birds (including wild animals or wild birds) and the
environment and having them tested, including trapping vectors and having them
impose biosecurity controls (including if necessary closing footpaths) on
premises and by the use of controlled zones (which may be the whole of Jersey)
when disease is suspected and on confirmation of disease to reduce the risk of
spread of disease, or to contain or eradicate disease.
require and specify the method of cleansing and disinfection and disinfestation
of premises, vehicles or any other thing that might be contaminated with
disease including the seizure and destruction of things that cannot be cleansed
and disinfected or requiring the destruction of such things.
kill animals or birds (including wild animals or wild birds) for disease
control purposes and specify the method of killing.
place or require the placing of sentinels on premises and specify any
requirements appropriate to the sentinels including their location on premises
sampling them and having the samples tested.
prescribe and regulate the destruction, burial, disposal or treatment of
carcases of animals or birds killed at the Minister’s direction.
PART 2 –
POWERS EXERCISABLE IN CASES OF RABIES ETC.
destroy animals, pets or wild animals.
prevent the movement of animals, pets or wild animals in order to facilitate
their seizure or destruction.
authorize the use of methods of destruction that would otherwise be unlawful.
regulate the ownership and disposal of the carcasses of animals that have been
require notice to be given of the death of such pets or wild animals as may be
specified and to specify requirement in relation to the giving of notice.
regulate the ownership and disposal of the carcases of animals whose deaths are
required to be notified under paragraph 27.
authorize any person to enter any land for the purposes of seizing or
destroying animals, pets or wild animals.
require and regulate the vaccination, confinement and control of pets and other
animals held in captivity.
any animal mentioned in paragraph 30 that may be a carrier of rabies (or
any other disease to which this Part applies) to be kept in quarantine.
require and regulate the housing, confinement or isolation of animals, birds or
any other thing likely to spread disease.
proscribe or regulate the movement of animals, birds or things likely to spread
regulate the method and location of feeding and providing water to animals or
require and regulate biosecurity measures.
require and regulate keeping of records and specify the way records are kept.
require the reporting of dead or diseased animals or birds (of any kind) to the
vaccinate animals or birds, or require them to be vaccinated, whether or not at
the owner’s expense, and to recover costs where the Minister vaccinates.
sample animals, birds and other things including for vectors and have the
require practical vector control.
require and regulate cleansing, disinfection and disinfestation of premises,
vehicles or other things.
place sentinels on premises or require animals or birds on premises to be used
as sentinels and to specify their location, whether or not at the owner’s
kill animals or birds (including wild animals or wild birds).
destroy animal or bird carcases or any other thing that might risk the spread