Animal Health (Jersey)
A LAW to control certain diseases of animals and birds and for connected
Commencement [see endnotes]
(1) In this Law, unless the
context otherwise requires –
“animal” has the meaning assigned by Article 4;
“animal by-product” 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;
“biosecurity” means 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
(b) as a
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 carcase;
“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;
“controlled zone” means an area of land, declared under
Article 26(1) or any Order, to which restrictions apply;
“disease” has the meaning assigned by Article 2;
“EU Law” means the European Union Legislation
(Implementation) (Jersey) Law 2014;
“EU legislation” 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 this Law;
“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
“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” means 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;
“premises” includes 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));
“relevant legislation” 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 Article 3;
“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;
“vehicle” includes any means of transport by land, sea
or air, its fittings, its detachable parts and any containers (whether
detachable or not) used with it;
“veterinary inspector” 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”.
(2) Unless 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
(3) For 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.
(1) Subject to this
Article, in this Law “disease” means a disease or pest specified in
(2) The Minister may, by
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”
(1) In 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.
(2) The Minister may, by
Order, amend Schedule 2.
(1) In this Law, unless the
context otherwise requires, “animal” means any ruminating animal, swine,
horse or honey bee (at any stage of life).
(2) However, 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
(1) The 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.
(2) The 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
(1) The Minister may
appoint persons to be inspectors to carry out the functions of inspectors
specified under the relevant legislation.
(2) The 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.
(3) The States Veterinary
Officer is ex officio both a veterinary inspector and an inspector.
(4) The Minister may
appoint persons to carry out such functions required by EU legislation as the
Minister considers appropriate.
(5) The Minister may impose
such conditions as he or she considers appropriate on any person appointed
under this Article.
in relation to animal health, etc.
(1) The 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.
(2) The 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 rabies.
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.
(1) The 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 health.
(2) Where 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.
(3) If 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.
(4) In this Article “disease”
is not limited by the definition in, or restricted or extended under, Article 2.
(1) Where 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.
(2) The measures may
include, but are not limited to, any of the measures listed in Schedule 4.
(3) The 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 appropriate.
(4) Orders 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.
11 Use of
(1) Where 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
(2) Every 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 Order.
(3) Where 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
(4) A 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).
(5) In this Article (and in
any 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.
(6) The 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 in England.
12 Notification of
(1) A person who suspects
that an animal or bird or its carcase is affected by disease must immediately
notify the Minister.
(2) The occupier of the
premises where the suspect animal or bird or its carcase is located, being
premises other than a slaughterhouse, must immediately –
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.
(3) Where 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.
(4) The 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.
13 Prohibition on
(1) A 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.
(2) In 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.
14 Prohibition 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 Bison bison.
15 Control of
(1) A person must not,
without being in possession of a licence granted by the Minister –
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
(2) A 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.
(3) Where the Minister is
notified under paragraph (2) a veterinary inspector must as soon as is
reasonably practicable investigate the premises concerned and –
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.
(4) If 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
(5) If 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 paragraph (4).
(6) An 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.
(7) This 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) Law 1995.
(1) An inspector –
seize any thing that the inspector considers is at
risk of carrying or spreading disease;
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.
(2) Before 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
(b) to the
owner or keeper of the thing.
(3) This 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, Article 2.
(4) The 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
(1) The Minister may, if he
or she thinks fit, cause to be killed any animal or bird that –
affected or suspected of being affected with any disease to which this Article applies;
(b) is 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.
(2) Before 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.
(3) The 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.
(4) Where, 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.
(5) Where 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.
(6) If 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.
(7) The 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 paragraph (5).
(8) This Article applies to
such diseases of animals as the Minister may specify by Order.
(1) The 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 killing.
(2) The compensation must
relate to the financial value of the animal or bird killed and not to any
consequential or future losses.
(3) The 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.
(4) Despite 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
(1) An 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.
(2) A 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 Article 9.
(3) If 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.
(4) An 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.
(5) The 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.
(6) Those 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.
(7) A warrant under this Article
is valid for one month.
(1) The 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 purposes;
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.
(2) For 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
(3) The 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.
(4) In 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)
(5) The 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).
(6) The inspector may take
any necessary equipment or vehicle onto any premises entered for the purposes
of this Article or Article 19.
21 Powers of
inspectors where relevant legislation contravened
(1) If 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.
(2) The steps taken may
include the killing of animals and birds and the seizure, destruction, burial
or any other treatment of any thing.
(3) The 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 the
(1) A 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 disease.
(2) If a veterinary
inspector, having undertaken a risk assessment under paragraph (1),
considers that such exceptional measures are necessary, he or she may –
a person to carry out any action otherwise prohibited under any relevant legislation;
a person, by notice, from any requirement of the relevant legislation; or
(c) ban a
person, by notice, from carrying out an action that would otherwise be
permitted, or not prohibited, by the relevant legislation.
(1) Any notice served under
the relevant legislation must be in writing and may be amended, suspended or
revoked in writing at any time.
(2) A 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.
(3) In the case of an
unincorporated association, a notice may be served on or given to an officer of
(4) Any 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.
(5) However, 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.
(6) If 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.
(7) If 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.
(8) A 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
(9) A 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 association –
office of the association, or
email address of the officer;
any other case, a person’s last known address, which includes an email
24 Notices following
contravention of movement controls
(1) If 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.
(2) An 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
(1) Where 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.
(2) A 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.
(3) A person moving an
animal, bird or thing under the authority of a general licence must –
all times during the movement, carry a document containing details of –
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.
(4) If 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
(5) A person to whom a licence
is granted under any relevant legislation must comply with any conditions of
(6) Where 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 veterinary inspector.
(7) The Minister must
publicize in such manner as he or she considers appropriate any general licence
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.
(8) If 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 licence.
26 Declaration of
(1) The 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.
(2) The 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.
(3) Any 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.
(4) The Minister must
publicise in such manner as he or she considers appropriate –
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.
(5) A 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
A person must not –
(a) intentionally obstruct
or impede anyone acting in the execution or enforcement of the relevant
(b) interfere with, or
cause or knowingly permit to be interfered with, anything done by anyone acting
in the execution or enforcement of the relevant legislation;
(c) fail to give to any
person acting in the execution or enforcement of the relevant legislation any
assistance or information that is reasonably required;
(d) provide 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
(e) fail to produce a
record when required to do so by any person acting in the execution or
enforcement of the relevant legislation.
28 Changes of
(1) If 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.
(2) In 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.
(3) A 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 specify.
(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
(1) Where 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
(2) Where 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
(1) An 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.
to deal with deficiencies arising from withdrawal of UK from EU
(1) The Minister may, by
Order, make any provision, whether by amendment or otherwise, that –
be made by Regulations under Article 2, 5A or 5B of the European Union Legislation (Implementation) (Jersey) Law 2014; and
(b) is or
relates to –
matter capable of regulation by this Law,
matter for which provision may be made under Article 7, or
amendment of this Law or of an Order made under this Law.
(2) No Order may be made
under paragraph (1) after 2020.
32 Orders generally
(1) Orders 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.
(2) Orders under this Law
may contain such incidental, supplementary and consequential provisions as
appear to the Minister to be necessary for the purposes of the Order.
and consequential amendments to enactments
The States may by Regulations make such amendments to any enactment
as appears to the States to be expedient –
(a) for the general
purposes, or any particular purpose, of this Law;
(b) in consequence of any
provision made by or under this Law; or
(c) for 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
known as Ornithosis)
Rabies in bats
Rift Valley fever
Sheep and goat
Small hive beetle
West Nile fever
African swine fever
Aujesky’s disease virus.
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.
Equine infectious anemia virus.
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 ruminants virus.
known as Ornithosis).
Rabies virus and all
viruses of the genus Lyssavirus.
Rift Valley Fever
St. Louis equine
Sheep and goat pox
Teschen disease virus.
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