Animal Health
(Tuberculosis) (Jersey) Order 2017
PART 1
Introductory provisions
1 Interpretation
In this Order –
“approved tuberculin tester” means a person who is
approved in accordance with Article 9(1);
“bovine animal” means domestic cattle of the genus Bos;
“Law” means the Animal Health (Jersey) Law 2016;
“tuberculosis” means infection with Mycobacterium bovis (M.bovis).[1]
2 Application
(1) This Order applies only
to tuberculosis.
(2) This Order does not
apply to any specified animal pathogen licensed under Article 15(1) of the
Law or to which that Article does not apply.
Part 2
SuspIcion of tuberculosis
3 Notification,
suspicion and testing for tuberculosis
(1) This Article applies
where –
(a) notification
has been made to the Minister of suspected disease under Article 12(1) or
15(2) of the Law;
(b) an
inspector suspects that a bovine animal is an affected animal;
(c) a
diagnostic test for tuberculosis has been applied to a bovine animal;
(d) the
results of a diagnostic test have been read by a veterinary inspector or an approved
tuberculin tester, and he or she is satisfied that the test results reveal that
the bovine animal is either a reactor, or an inconclusive reactor; or
(e) a
bovine animal has been moved to premises under Article 4.[2]
(1A) The veterinary inspector must
decide, having regard to the standards or conditions laid down in Council
Directive 64/432/EEC or other national or international standards or other
standards that the Minister considers equivalent or more stringent, whether it
is necessary to withdraw or suspend the tuberculosis-free status of any herd.[3]
(2) If the veterinary
inspector concludes that a suspension or withdrawal is required an inspector
must serve a notice on the occupier of the premises on which the bovine animal
is being kept stating whether the tuberculosis-free status of any herd on the
premises has been withdrawn or suspended and requiring that any or all of the
following measures are taken –
(a) no
bovine animal to be moved on or off the premises, or such part of the premises
as is specified in the notice, except under the authority of a licence issued
by an inspector;
(b) every
reactor and inconclusive reactor to be isolated from other animals on the
premises that are neither reactors nor inconclusive reactors;
(c) no
part of the premises specified in the notice to be used by any bovine animal on
the premises, or by such animal as may be so specified in the notice;
(d) all
steps as may be reasonably practicable to be taken to prevent any bovine animal
kept on the premises from infecting any bovine animal kept on any adjoining
premises;
(e) no
milk from a reactor to be –
(i) placed in a bulk
milk tank,
(ii) to
be mixed with other milk, or
(iii) fed
to any susceptible animal unless boiled, pasteurized or otherwise sterilized;
(f) where
the reactor is kept on premises with a dairy herd of bovine animals, any
commercial buyer of the milk from the herd in which the reactor was found to be
informed of the withdrawal or suspension of tuberculosis-free status of the
herd;
(g) any
carcase of an affected animal to be destroyed in accordance with the notice
instructions;
(h) within
such time and in such manner as may be specified in the notice, such part or
parts of the premises as may be so specified to be cleansed and disinfected at
the occupier’s expense;
(i) all
utensils and other articles used in connection with an affected animal to which
the notice relates, or utensils that have been in contact with the milk from
such an animal, to be cleansed and disinfected within such time and in such
manner as may be specified in the notice;
(j) no
manure or slurry from any place which has been used by any affected animal to
be treated or stored or to be spread or sprayed other than in accordance with
the requirements of the notice;
(k) any
manure, slurry or other animal waste, straw, litter or other matter that has or
might have come into contact with an affected animal to be disposed of in
accordance with the requirements of the notice.[4]
(3) On service of a notice
under paragraph (2), the measures imposed by Article 12(2) of the Law
cease to apply.
(4) Any notice served under
paragraph (2) remains in force until a veterinary inspector considers that
the premises no longer pose a risk of the spread of tuberculosis and the notice
is revoked in writing by an inspector.[5]
(5) In this Article –
“affected animal” means a bovine animal that is a
reactor or affected with –
(a) tuberculosis
of the udder (or is giving tuberculous milk);
(b) tuberculous
emaciation (or is excreting or discharging tuberculous material); or
(c) a
chronic cough (or is showing any other clinical signs of tuberculosis);
“Council Directive” means Council Directive 64/432/EEC
on animal health problems affecting intra-Community trade in bovine animals and
swine (OJ No L 121, 29.7.64, p. 1977) as it is amended from
time to time;
“inconclusive reactor” means a bovine animal whose test
results from a diagnostic test for tuberculosis are not negative, but whose
results are not deemed to be positive;
“milk” includes cream and separated or skimmed milk;
“reactor” means a bovine animal that produces a positive
reaction to a tuberculin test and includes an inconclusive reactor that has
been retested 42 days after the not negative result and whose results at
the second test remain not negative.
(6) [6]
4 Suspected
bovine animals at gatherings of animals
If a veterinary inspector reasonably believes that a bovine animal
on any premises at which any gathering of animals is taking place is affected
with or has been exposed to tuberculosis, the inspector may, by notice in
writing served on the keeper of the animal, require that animal to be removed
from those premises, and, as the keeper of the animal may elect, taken either –
(a) back to the premises
from which the animal was brought to the gathering; or
(b) to such other premises
as may be approved by the inspector for the purpose.
5 Control
of infection from animals other than bovine animals
(1) If a veterinary
inspector reasonably believes that an animal other than a bovine animal kept on
any premises is or may be affected with tuberculosis, an inspector may, by
notice in writing served on the occupier of the premises –
(a) require
the occupier to keep the animal under control in such manner as may be
specified in the notice or to confine it to such part of the premises as may be
specified; or
(b) prohibit
the movement of any animal on to or off the premises or any part of such
premises except under the authority of a licence issued by an inspector.
(2) In this Article,
“animal” means any kind of mammal except a human being.
Part 3
Slaughter and compensation
6 Killing
of bovine animals
(1) Article 17 of the
Law applies to tuberculosis.
(2) If the Minister intends
to kill a bovine animal a veterinary inspector must serve a notice on the
keeper of the animal informing the keeper of the fact and requiring him or her –
(a) to
detain the animal on such part of the premises as is specified in the notice;
and
(b) to
isolate the animal as far as reasonably practicable from such other animals as
are so specified until it is killed.
(3) The keeper on whom such
a notice has been served must not move the animal, or cause or permit it to be
moved, off that part of the premises on which it is required to be detained,
except under the authority of a licence issued by a veterinary inspector.
7 Control
of carcases
If a bovine animal is killed by the Minister under Article 6,
the Minister must arrange for the disposal of the carcase.
Part 4
General measures
8 Reporting
of test result
A person who carries out a tuberculin test on a bovine animal must
report the result of that test to the Minister as soon as is reasonably practicable.
9 Approval
of tuberculin testers[7]
(1) The Minister may
approve as a tuberculin tester any person whom he or she considers competent,
to apply and read diagnostic tests for tuberculosis.[8]
(2) For the purpose of
deciding whether to grant an approval under this Article, the Minister may
require the person to complete such training as he or she considers necessary.[9]
(3) The Minister may by
notice given to the person revoke an approval granted under this Article,
giving reasons for the revocation.[10]
10 Facilitating
examination, testing and valuation
(A1) The Minister may, by notice in
writing served on the keeper of a bovine animal, require the keeper to have any
animal tested for tuberculosis with any diagnostic test for tuberculosis which
may include a tuberculin test on a specified date (or dates where the test
takes more than one day to perform).[11]
(1) The keeper of any
animal must comply with all reasonable requirements of an inspector or an approved
tuberculin tester with a view to facilitating –
(a) the
examination of that animal by a veterinary inspector or an approved tuberculin
tester;
(b) the
application to the animal of any diagnostic test for tuberculosis; or
(c) the
valuation of the animal if the Minister intends to pay compensation under
Article 18 of the Law.[12]
(2) The keeper must in
particular arrange, if so required, for the collection, penning and securing of
any such animal and the movement of the animal to and from any premises specified
by the inspector or tester for the purposes of facilitating such examination,
testing or valuation.[13]
11 Default
(1) If a person contravenes
any reasonable requirement of an inspector or approved tuberculin tester under
Article 10, without limiting the power to bring any proceedings for an
offence arising out of such contravention, the Minister may –
(a) take
or cause to be taken any steps necessary to facilitate the examination and
valuation of the animal or the application to it of any diagnostic test for
tuberculosis, including the movement of the animal to other premises; and
(b) prohibit
the movement of bovine animals on to or off the premises, except under the
authority of a licence issued by an inspector.[14]
(2) Where a bovine animal
has been moved to other premises in accordance with sub-paragraph (1)(a),
the Minister must ensure the return of the animal to the premises from which it
was moved within a reasonable time after the examination, valuation or test has
been carried out.
(3) Any expenses reasonably
incurred by the Minister under this Article are recoverable from the person
contravening Article 10.
12 Prohibition
on movement of bovine animals
A veterinary inspector may by notice in writing served on the keeper
of bovine animals kept on such premises as are specified in the notice,
prohibit the movement of bovine animals on to or off such premises or any part of
such premises, except under the authority of a licence issued by an inspector.
13 Prohibition
on testing, vaccination and therapeutic treatment
(1) A person must not –
(a) test
a bovine animal with tuberculin unless approved under Article 9;
(b) vaccinate
a bovine animal against tuberculosis or treat such an animal for tuberculosis
unless licensed to do so by the States Veterinary Officer.
(2) The cost of any
vaccination under this Article is to be borne by the keeper of the bovine
animal being vaccinated unless the licence states otherwise.
14 Use
of approved disinfectants
(1) Where disinfection is
required or carried out under this Order any disinfectant used must be –
(a) an
approved disinfectant that complies with paragraph (2); and
(b) used
at the approved dilution rate and in accordance with the manufacturer’s
instructions.
(2) The disinfectant must
be published as being approved in respect of Tuberculosis Orders and, when used
to disinfect a vehicle used for the transport of live animals, must be
published as being approved in respect of both Tuberculosis Orders and General
Orders.
(3) In this Article –
“approved dilution rate” means the dilution rate
indicated for an approved disinfectants product in the relevant column in the
statutory table under the heading that states the disease for which it is to be
used accompanied by a reference to Orders or, if no such disease is stated,
that states General Orders;
“Orders” means Orders of the description stated in the
relevant column heading of the statutory table;
“statutory table” means the table of Disinfectants
Approved for use in England, Scotland and Wales published by the Department for
Environment, Food and Rural Affairs under powers that include those in the English
Disinfectants Order.
Part 5
Closing Provision
15 Citation
This Order may be cited as the Animal Health (Tuberculosis) (Jersey)
Order 2017.