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Animal Health (Surveillance) (Jersey) Order 2017

Unofficial Consolidated Version

02.020.86

Showing the law as at 10 October 2019

 




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Animal Health (Surveillance) (Jersey) Order 2017

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

Commencement [see endnotes]

1        Interpretation

In this Order –

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

“surveillance” means the investigation of any animal or bird to detect the presence of disease and includes any observation or physical examination of the animal or bird and any collection and testing of blood, tissue, hair, body fluids, discharges, excrement, or other samples from any animal or bird.

2        Application

(1)     This Order applies to any disease or pest that may apply to any animal or bird, whether or not listed in Schedule 1 to the Law.

(2)     This Order applies to any animal other than a human being and any bird without any limitation on the meaning of those terms by reason of any definition in the Law.

2A     Duty to report early abortion in cattle[3]

(1)     If a bovine animal suffers an early abortion the keeper of the animal must report that fact to the Minister, providing the following information –

(a)     the keeper’s name and address;

(b)     the animal’s identification number;

(c)     the dates on which the animal was served and suffered the abortion.

(2)     In this Article –

“bovine animal” means domestic cattle of the genus Bos, Bubalus bubalis or Bison bison;

“early abortion” means an abortion or calving that takes place less than –

(a)     271 days after the animal is served or inseminated; or

(b)     265 days after an embryo is implanted in the animal.

(3)     For the purposes of the definition “early abortion” it makes no difference whether the calf that is expelled during the early abortion is born alive or dead.

3        Powers to undertake surveillance

(1)     An inspector or any other person authorized by the Minister for the purposes of this Order may carry out surveillance for the purposes of protecting animal health and reducing the risk to human health from the spread of zoonotic diseases.

(2)     In particular but without limiting paragraph (1) surveillance may be carried out for the following purposes –

(a)     to measure the level of disease in a population of animals or birds;

(b)     to detect cases of disease as part of a control programme;

(c)     to demonstrate freedom from disease for purposes of trade in animals or birds or any products derived from them; or

(d)     to screen a population of animals or birds, or any animal or bird suspected of carrying disease, to detect the presence of any disease.

(3)     The surveillance may be of any population or part of a population of animals or birds taken at random, or any individual animal or bird, and may be carried out on both living and dead animals and birds.

(4)     Without limiting any powers of inspectors under the Law, a person with a power to undertake surveillance under this Order may for the purposes of the surveillance –

(a)     take samples, including samples of anything from the environment;

(b)     undertake inquiries, inspections and examinations, including of documents and computer records;

(c)     use any animal or bird as a sentinel; or

(d)     kill any animal or bird.

4        Emergency action to reduce risk of spread of disease

(1)     Where a veterinary inspector considers it expedient to do so having regard to the risk of spread of disease, the inspector may serve a notice on any person placing such requirements or restrictions on the person as he or she considers appropriate.

(2)     Where the Minister considers it necessary to reduce the risk of spread of disease, the Minister may declare a controlled zone around any premises.

(3)     The controlled zone must be of such size as the Minister considers necessary having regard to the risk of spread of disease.

(4)     The Minister must, having regard to the risk of spread of disease, in the declaration of the controlled zone, impose such requirements as he or she considers appropriate.

(5)     Where the veterinary inspector or the Minister, as the case may be, is satisfied that that the notice or declaration of a controlled zone is no longer appropriate, he or she may revoke the notice or declaration.

5        Costs of surveillance

Where surveillance has been requested by any person or organisation for the particular benefit of that person or organisation, the Minister may require that the person or organisation meet the costs or part of the costs of the surveillance.

6        Citation

This Order may be cited as the Animal Health (Surveillance) (Jersey) Order 2017.

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Animal Health (Surveillance) (Jersey) Order 2017

R&O.13/2017

1 February 2017

Animal Health (Surveillance) (Amendment) (Jersey) Order 2019

R&O.96/2019

10 October 2019

Table of Renumbered Provisions

Original

Current

None

 

Table of Endnote References



[1]                                     chapter 02.020

[2]                                     chapter 02.020

[3] Article 2A                    inserted by R&O.96/2019


Page Last Updated: 15 Oct 2019