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PART 1
Introduction
Title, application and commencement
1. These Regulations may be cited as the
Foot-and-Mouth Disease (Scotland) Regulations 2005; they
apply only to Scotland and come into force on [ ] 2005.
Interpretation
2. In these Regulations-
"the Act" means the Animal Health Act 1981;
"animal" means all four footed beasts;
"animal gathering" means an event at which animals are
brought together, including a market, show or fair, but not
any occasion at which animals are brought together on the
premises on which they are kept;
"animal product" means anything originating or made
(whether in whole or in part) from an animal or from a
carcase;
"border inspection post" means, in relation to a species
of animal, a place authorised to carry out checks on
animals of that species on their import from outside the
European Union ;
"carcase" means the carcase of an animal and includes
part of a carcase, and the meat, bones, hide, skin, hooves,
offal or other part of an animal, separately or otherwise,
or any portion thereof;
"Chief Veterinary Officer" means the Chief Veterinary
Officer of the Scottish Executive;
"Chief Veterinary Officer (
UK)" means the Chief Veterinary Officer
of the Department of Environment, Fisheries and Rural
Affairs;
"collecting centre" means premises used for the
intermediate reception of animals intended to be moved
elsewhere;
"contact premises" means any premises declared to be
contact premises under regulation 16(3);
"contaminated" means directly or indirectly exposed to
the disease virus and "contamination" shall be construed
accordingly;
"the Department" means the Scottish Executive
Environment and Rural Affairs Department;
"depopulation holding" means a holding declared to be a
depopulation holding under regulation 39(1)(b)(ii);
"the Directive" means Council Directive 2003/85/EC on
Community measures for the control of foot-and-mouth
disease repealing Directive 85/511/EEC and Decisions
89/531/EEC and 91/665/EEC and amending Directive
92/46/EEC;
"disease" means foot-and-mouth disease;
"dispose" means treat as Category 1, Category 2 or
Category 3 material (as the case may be) under Regulation (
EC) No. 1774/2002
2 and the Animal By-Products Regulations (Scotland)
2003
3, and "disposal" shall be construed accordingly;
"Divisional Veterinary Manager" means the Divisional
Veterinary Manager of the State Veterinary Service for the
area in which premises are located;
"emergency slaughter" means slaughter in emergency
circumstances of animals which are not infected or
contaminated and includes slaughter for welfare
purposes;
"emergency vaccination" means emergency vaccination in
accordance with a decision under Article 50 of the
Directive;
"falconry" means the use of falcons, hawks or other
birds of the order
Falconiformae to hunt for game or other
wildlife;
"farmed game" means wild land mammals which are reared
and slaughtered in captivity, excluding-
(a) mammals of the family
Leporidae; and
(b) wild land mammals living within an enclosed
territory under conditions of freedom similar to those
enjoyed by wild game;
"farmed game handling facility" means any building,
premises or place, other than a slaughterhouse, used for
the purpose of slaughtering farmed game the flesh of which
is intended for sale for human consumption;
"fodder" means animal feed and includes hay, straw and
forage;
"free unit" means a separate epidemiological production
unit declared to be a free unit under regulation 15(1);
"fresh meat" means meat, including chilled or frozen
meat, which has not undergone any preserving process and
includes meat vacuum wrapped or wrapped in a controlled
atmosphere;
"holding" means any premises, including circuses, where
susceptible animals are bred or kept (permanently or
temporarily) but not slaughterhouses or border inspection
posts;
"horse" means a domestic animal of the equine or asinine
species or crossbreeds of those species;
"hyper-immune serum" means material containing
antibodies to the disease, either produced from animals
subject to repeated vaccination or by another method;
"incubation period" means-
(a) for bovine animals and swine, 14 days; and
(b) for other susceptible animals, 21 days;
"infected" means infected with disease and "infection"
shall be construed accordingly;
"infected premises" means any premises declared to be
infected premises under regulation 13(7);
"infection date" means, in respect of any premises, the
earliest date disease was present there;
"inspector" means an inspector appointed under the Act
and an officer of the Scottish Ministers appointed for the
purposes of these Regulations, and when used in relation to
a member of the staff of the Scottish Ministers, includes a
veterinary inspector;
"keeper" means any person responsible for animals,
whether on a permanent or temporary basis, but does not
include any person who is responsible for animals solely
because that person is transporting them;
"litter" means any substance which has been used for the
bedding of animals;
"local authority" has the meaning assigned to that term
by section 50(1) of the Act;
"market", when used as a verb, includes any transfer of
ownership;
"meat preparation" means meat to which foodstuffs,
seasonings or additives have been added or which has
undergone a treatment insufficient to modify its internal
cellular structure and so alter its characteristics;
"meat product" means a product for human consumption
prepared from or with meat which has undergone treatment
such that the cut surface shows that the product no longer
has the characteristics of fresh meat, but not-
(a) meat which has undergone only cold treatment,
(b) minced meat,
(c) mechanically recovered meat, or
(d) meat preparations;
"mechanically recovered meat" means meat which-
(a) comes from residual meat on bones apart from-
(i) the bones of the head, and
(ii) the extremities of the limbs below the carpal
and tarsal joints and, in the case of swine, the coccygeal
vertebrae;
(b) has been obtained by mechanical means; and
(c) has been passed through a fine mesh such that
its cellular structure has been broken down and it flows in
purée form;
"milk" includes cream, separated milk, skimmed milk and
buttermilk;
"milk product" includes butter, cheese, yoghurt, whey
and any other product the main constituent of which is
milk;
"minced meat" means meat which has been minced into
fragments or passed through a spiral screw mincer and
includes such meat to which not more than 1% salt has been
added;
"National Expert Epidemiological Group" means the expert
group for the United Kingdom composed of epidemiologists,
veterinary scientists and virologists established in
accordance with Article 78 of the Directive;
"originating in" means-
(a) in respect of a vaccination zone-
(i) kept there at any time, or
(ii) kept within its boundaries before it was
declared to be such a zone and at any time on or after the
date 21 days before that declaration,
(b) in respect of a holding, kept there-
(i) at any time it formed part of a vaccination
zone, or
(ii) at any time before it formed part of a
vaccination zone and at any time on or after the date 21
days before that declaration, and
(c) in respect of a protection or surveillance
zone,-
(i) kept in that zone, or
(ii) having been kept within the boundaries of that
zone at any time on or after the date 21 days before the
earliest infection date in the protection zone (or in the
case of a surveillance zone, the associated protection
zone) and before its declaration;
"poultry" means domestic fowls, turkeys, geese, ducks,
guinea-fowls, pigeons, partridges and quails;
"premises" includes land, with or without buildings;
"protection zone" means a protection zone declared under
regulation 28;
"protective vaccination" means vaccination carried out
to protect susceptible animals against airborne spread or
spread through fomites of the disease virus and where the
vaccinated animals are not intended to be slaughtered to
prevent the spread of disease;
"restricted zone" means a restricted zone declared under
regulation 30;
"seasonings" means salt, mustard, spices and aromatic
spice extracts, or aromatic herbs and aromatic herb
extracts;
"separate epidemiological production unit" means a
separate epidemiological production unit declared under
regulation 15(1);
"slaughterhouse" means any building, premises or place
(other than a farmed game handling facility) for
slaughtering animals (whether or not intended for human
consumption) and includes any connected place for the
confinement of animals while awaiting slaughter;
"slaughter" includes killing within the meaning of that
term in the Welfare of Animals (Slaughter or Killing)
Regulations 1995
4;
"suppressive vaccination" means vaccination carried out
in a holding or area where there is an urgent need to
prevent the spread of disease outside the holding or area
by reducing the quantity of circulating disease virus there
and where the vaccinated animals are intended for slaughter
to prevent the spread of disease;
"supplementary movement control zone" means a
supplementary movement control zone declared under
regulation 12;
"surveillance zone" means a surveillance zone declared
under regulation 28;
"survey" means a process involving clinical examination
and/ or the taking of blood or tissue samples from
susceptible animals, which samples are subjected to
laboratory tests to determine the presence or absence of
live virus, anti-bodies to live virus or anti-bodies
produced in response to vaccination, in such numbers as
required by Annex III of the Directive or as advised by the
National Expert Epidemiological Group;
"susceptible animal" means cattle, sheep, goats, all
other ruminating animals, swine, camels, llamas, alpacas
and any other domestic or wild animal of the orders
Rodentia or
Proboscidae or of the suborder
Tylopoda of the order
Artiodactyla, or of the suborders
Ruminantia or
, Suina;
"suspected of being infected" means exhibiting clinical
symptoms or showing post-mortem lesions or reactions to
laboratory tests such that the presence of disease may
reasonably be suspected;
"suspect premises" means any premises notified as
suspect premises under regulation 6 or declared as suspect
premises under regulation 9 or regulation 16;
"temporary control zone" means a temporary control zone
declared under regulation 12;
"vaccinated" means treated with vaccine against the
disease;
"vaccination surveillance zone" and "vaccination zone"
mean, respectively, a vaccination surveillance zone and a
vaccination zone declared under regulation 34;
"vehicle" includes any means of transport;
"wild animal infected area" means a wild animal infected
area declared under regulation 31.
Contingency plan
3. The Scottish Ministers shall prepare
and maintain a contingency plan as regards Scotland in
accordance with the requirements of Article 72 of the
Directive.
Licences, certificates, declarations and notices
4. (1) Licences granted under these
Regulations
(a) shall be in writing,
(b) may, in addition to any conditions required by
these Regulations, be made subject to such conditions as
the Scottish Ministers consider necessary to control the
disease,
(c) may be general or specific, and
(d) may be amended, suspended or revoked in writing
at any time.
(2) Certificates issued under these Regulations shall be
in writing.
(3) Declarations made under these Regulations shall be
in writing and may be amended or revoked by further
declaration at any time.
(4) Notices issued under these Regulations
(a) shall be in writing; and
(b) may be amended or revoked in writing at any
time.
(5) The Scottish Ministers shall take such steps as they
consider fit to ensure that certificates, licences,
declarations and notices are brought to the attention of
those who may be affected by them as soon as is reasonably
practicable and, in particular, shall ensure that the
extent of any zone or area, the nature of the restrictions
and requirements applicable within it and the dates of its
declaration and withdrawal are publicised.
(6) Except where otherwise directed by the Scottish
Ministers, licences granted in England or Wales for the
same purpose as a licence which may be granted under these
Regulations shall be valid for that purpose in Scotland and
its conditions shall apply there as if it was a licence
granted under these Regulations.
Cleansing and disinfection
5. - Notwithstanding the requirements of
the Transport of Animals (Cleansing and Disinfection)
(Scotland) Order 2000
5, every person carrying out disinfection, or
cleansing and disinfection, under these Regulations shall
do so in accordance with Schedule 1.
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