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Regulation 28(9)
SCHEDULE 5
Measures applicable in protection and surveillance
zones
PART 1
Measures applicable everywhere in both
protection and surveillance zones
Record keeping in protection and surveillance
zones
1. -(1) The Scottish Ministers shall, as
soon as possible after a protection or surveillance zone is
declared, cause a register of all animals of susceptible
species on holdings within that zone to be made up and
thereafter maintained.
(2) The occupier of each premises within a protection
zone or a surveillance zone shall -
(a) create and maintain the following records in
respect of the premises-
(i) the number of each species of animal,
(ii) for each species of susceptible animal, the
number of dead, the number suspected of being infected and
the number suspected of being contaminated,
(iii) the stock of milk, milk products, meat, meat
products, carcases, hides and skins, wool, semen, embryos,
ova, slurry, manure, fodder and litter, and
(b) make all such records available to an inspector
on demand.
(3) The occupier shall create the records to be kept
under sub-paragraphs (2)(a)(i) and (2)(a)(ii) as soon as
possible after the zone is declared and shall maintain
those records, updating them within 24 hours of any
change.
Veterinary inspection of premises in protection and
surveillance zones
2. -(1) The Scottish Ministers shall
ensure that each premises within a protection zone or a
surveillance zone keeping susceptible animals undergoes a
veterinary inspection as regularly as they think fit by an
officer of the Scottish Ministers.
(2) An officer inspecting premises under this paragraph
shall ensure that the inspection is carried out in such a
way as to avoid the spread of the disease virus and
includes inspection of -
(a) the measures applied to prevent the introduction
or escape of disease virus; and
(b) the records required to be created and
maintained by paragraph 1.
(3) An inspection under sub-paragraph (2)(a) may include
-
(a) clinical inspection of all susceptible animals,
and
(b) the taking of samples from animals of
susceptible species (in accordance with the recommendations
of the National Expert Epidemiological Group).
Movement of animals from premises within
protection and surveillance zones
3. -(1) Subject to the provisions of this
paragraph, no person shall move any susceptible animal from
premises within a protection zone or a surveillance
zone.
(2) The prohibition in sub-paragraph (1) shall not apply
to transport of susceptible animals for emergency slaughter
under the terms of a licence granted by an inspector from
premises in a protection zone direct to a specified
slaughterhouse-
(a) in the same protection zone, or
(b) where there is no slaughterhouse in that
protection zone, outside the protection zone.
(3) A licence granted under sub-paragraph (2) shall
require the person in charge of any vehicle used to ensure
that such vehicle is cleansed and disinfected after
delivery and before leaving the slaughterhouse.
(4) No inspector shall grant a licence under
sub-paragraph (2) unless satisfied that-
(a) an officer of the Scottish Ministers has within
the previous 24 hours carried out a clinical examination on
every susceptible animal on the premises, and
(b) there is no suspicion of infection or
contamination on the premises.
(5) The prohibition in sub-paragraph (1) shall not apply
to transport of susceptible animals for slaughter under the
terms of a licence granted by an inspector from premises in
a surveillance zone direct to a specified slaughterhouse -
(a) in that zone, or
(b) outside that zone and its associated protection
zone.
(6) No inspector shall grant a licence under
sub-paragraph (5) unless satisfied that-
(a) the records required by paragraph 1 have been
maintained in respect of the premises,
(b) the Scottish Ministers have within the previous
24 hours subjected every susceptible animal on the premises
to veterinary examination and have carried out a clinical
examination of a representative sample of such susceptible
animals, and
(c) there is no suspicion of infection or
contamination on the premises.
(7) No inspector shall grant a licence under
sub-paragraph (5)(a) unless satisfied that-
(a) there is no slaughterhouse within that
surveillance zone with sufficient capacity to slaughter the
animals,
(b) the slaughterhouse at which slaughter is to take
place is the nearest slaughterhouse outside the zones with
such capacity.
(8) The occupier of any premises to which susceptible
animals are moved under a licence granted under
sub-paragraph (2) or sub-paragraph (5) shall-
(a) ensure that the occupier or the occupier's
representative is given the licence under which they have
been moved before allowing the animals to be unloaded from
the vehicle;
(b) forward that licence without delay to the local
authority and, in the case of a slaughterhouse, provide a
copy to any official veterinary surgeon appointed for those
premises;
(c) retain a copy of that licence for a period of 6
months and produce it on request for inspection by an
inspector;
(d) provide adequate facilities, equipment and
materials for cleansing and disinfection of the vehicle;
and
(e) in the case of a collecting centre, ensure that
sheep are marked or tagged so as to enable the identity of
the collecting centre and the holding from which they were
moved to be established throughout their onward movement to
a slaughterhouse.
(9) The prohibition in sub-paragraph (1) shall not apply
to leading susceptible animals to pasture in a surveillance
zone under the authority of a licence granted by an
inspector.
(10) No inspector shall grant a licence under
sub-paragraph (9) unless-
(a) satisfied that an officer of the Scottish
Ministers has examined all susceptible animals on the
premises (including testing of samples) and concluded that
there are no animals suspected of being infected or
contaminated on the premises, and
(b) the licence contains terms requiring that-
(i) animals shall not come into contact with
susceptible animals from other premises, and
(ii) no animals shall be moved unless at least 15
days have elapsed since the most recent confirmed case in
the associated protection zone.
Straying of susceptible animals
4. -(1) The owner or person in charge of a
susceptible animal in a protection zone or a surveillance
zone shall take all such steps as are necessary to prevent
it from straying from the premises on which it is kept.
(2) An inspector may detain any stray or feral
susceptible animal and if, having made reasonable
inquiries, the inspector cannot ascertain the owner, the
inspector may arrange for its destruction.
Control of dogs and poultry in protection and
surveillance zones
5. -(1) The owner of any dog in a
protection zone or a surveillance zone shall keep it under
proper control by-
(a) confining it in a dwellinghouse, kennel or other
enclosure, or
(b) securing it to a fixed object by a collar and
chain, or
(c) accompanying it or ensuring that it is
accompanied by a responsible person.
(2) An inspector or constable may seize any dog which is
not kept under control in accordance with sub-paragraph (1)
and deal with it as if it was a dog seized under the powers
conferred by section 149 of the Environmental Protection
Act 1990
16.
(3) An inspector may, by notice served on the occupier
of any premises, require the occupier to keep such dog or
poultry as may be specified in the notice under control, or
to confine that dog or poultry to the part of the premises
specified in the notice.
Shearing or dipping sheep in a protection zone
or a surveillance zone
6. -(1) Subject to the provisions of this
paragraph, no person shall-
(a) shear or dip sheep, or
(b) handle fleeces or sheep during shearing or
dipping
in a protection zone or a surveillance zone except where
authorised by a licence granted by the Scottish
Ministers.
(2) The prohibition in sub-paragraph (1) shall not apply
to the occupier of any premises or the occupier's employees
(other than any person employed by the occupier primarily
for the purpose of shearing or dipping sheep) in respect of
the shearing or dipping of sheep kept on those
premises.
(3) For the purposes of this paragraph-
(a) "shearing" includes clipping and dagging, and
(b) "dipping" includes showering and jetting sheep
with sheep dip.
Ultrasound scanning of susceptible animals in a
protection zone or a surveillance zone
7. -(1) Subject to the provisions of this
paragraph, no person shall carry out ultrasound scanning of
susceptible animals in a protection zone or a surveillance
zone except where authorised by a licence granted by the
Scottish Ministers.
(2) The prohibition in sub-paragraph (1) shall not apply
to the occupier of any premises or the occupier's employees
(other than any person employed by the occupier primarily
for the purpose of carrying out ultrasound scanning of
susceptible animals) in respect of the carrying out of
ultrasound scanning of susceptible animals kept on those
premises using ultrasound scanning equipment of which the
occupier is the owner or keeper.
Semen, ova and embryos collected in a
protection zone or a surveillance zone
8. - (1) Subject to the provisions of this
paragraph, no person shall market any semen, ovum or embryo
collected from susceptible animals originating in a
protection zone or a surveillance zone.
(2) The prohibition in sub-paragraph (2) shall not apply
to frozen semen, ova and embryos collected and stored
before the date 21 days before the earliest infection date
within the protection zone (or in the case of a
surveillance zone, the associated protection zone) provided
such semen, ova and embryos are stored separately from
other semen, ova and embryos.
(3) The prohibition in sub-paragraph (2) shall not apply
to frozen semen collected and stored on or after the date
21 days before the earliest infection date within the
protection zone (or in the case of a surveillance zone,
associated protection zone) provided-
(a) such semen is stored separately from other
semen;
(b) it is not marketed or sold until the premises on
which it was collected is no longer in a protection zone or
a surveillance zone; and
(c) an officer of the Scottish Ministers certifies
that the officer has-
(i) clinically examined all susceptible animals on
the premises on which it was collected,
(ii) subjected a serological sample from each such
animal to a test with the result that infection is not
suspected, and
(iii) subjected a serological sample taken from the
donor animal 28 days or more after collection of the semen
to a test for the detection of antibodies against disease
with a negative result.
Hides and skins from susceptible animals in a
protection zone or a surveillance zone
9. -(1) Subject to the provisions of this
paragraph no person shall market the hides or skins of
susceptible animals originating in a protection zone or a
surveillance zone.
(2) The prohibition in sub-paragraph (1) shall not apply
to hides and skins-
(a) produced before the date 21 days before the
earliest infection date in the protection zone (or in the
case of a surveillance zone, associated protection zone)
provided such hides and skins are stored separately from
other hides and skins, or
(b) which comply with paragraph 2 of Schedule 4.
Wool, ruminant hair and pig bristles from
animals originating in a protection zone or a
surveillance zone
10. -(1) Subject to sub-paragraph (2) no
person shall market wool, ruminant hair or pig bristles
originating in a protection zone or a surveillance
zone.
(2) The prohibition in sub-paragraph (1) shall not apply
to unprocessed wool, hair or bristles-
(a) produced before the date 21 days before the
earliest infection date in the protection zone (or in the
case of a surveillance zone, associated protection zone)
provided such wool, hair or bristles are stored separately
from other wool, hair or bristles, or
(b) which comply with paragraph 3 of Schedule 4.
Other animal products produced in a protection zone
or a surveillance zone
11. -(1) Subject to the provisions of this
paragraph, no person shall market animal products from
susceptible animals not covered by the other prohibitions
in this Part and produced or originating in a protection
zone or a surveillance zone.
(2) The prohibition in sub-paragraph (1) shall not apply
to animal products-
(a) produced before the date 21 days before the
earliest infection date within the protection zone (or in
the case of a surveillance zone, associated protection
zone) provided such animal products are stored and
transported separately from other animal products; or
(b) which have undergone one of the treatments in
paragraph 4 of Schedule 4; or
(c) referred to in paragraphs 5 to 9 of Schedule 4
which have undergone the relevant treatment or comply with
the relevant requirement in those paragraphs; or
(d) which are composite products (that is,
manufactured or processed products containing more than one
ingredient at least one of which is an animal product )not
subject to further treatment containing products of animal
origin and have either-
(i) been treated to ensure destruction of disease
virus, or
(ii) been produced from animals not originating in
infected, suspect or contact premises or in a temporary
control zone, protection zone or surveillance zone; or
(e) which are packaged products, ready for use by
the end user, containing an animal product, and used as a
reagent, reagent product, calibrator, kit or any other
system, whether used alone or in combination, intended to
be used in vitro for the examination of samples of human or
animal origin, with the exception of donated organs or
blood, solely or principally with a view to the diagnosis
of a physiological state, state of health, disease or
genetic abnormality or to determine safety and
compatibility with reagents.
PART 2
Measures applicable only in a protection
zone
Movement of animals into, out of or within a
protection zone
12. -(1) Subject to the provisions of this
paragraph, no person shall move any animal into, out of or
within a protection zone.
(2) The prohibition in sub-paragraph (1) shall not apply
to-
(a) movement within premises,
(b) movement permitted under paragraph 3,
(c) movement of horses under the terms of a licence
granted by an inspector,
(d) transport through the zone along a railway,
motorway or trunk road without stopping in the zone, or
(e) transport from outside the zone directly to a
slaughterhouse in the zone for immediate slaughter there
under the terms of a licence granted by an inspector.
(3) In determining whether to grant a licence under
sub-paragraph (2)(c), and the conditions of any such
licence, an inspector shall take into account the
conditions set out in Annex VI to Council Directive
2003/85/EC.
(4) A licence granted under sub-paragraph (2)(e) shall-
(a) certify that the premises on which the movement
originates is outside the protection zone,
(b) specify the route to be taken,
(c) require the person in charge of any vehicle used
to ensure that-
(i) such vehicle is cleansed and disinfected after
delivery and before leaving the slaughterhouse; and
(ii) details of the cleansing and disinfection are
recorded in the vehicle logbook.
Movement of vehicles from premises keeping
susceptible animals in a protection zone
13. No person shall move any vehicle
designed or adapted for the transport of animals from
premises keeping susceptible animals within a protection
zone except under the authority of a licence granted by the
Scottish Ministers.
Control of animal gatherings in a protection
zone
14. No person shall-
(a) hold any animal gathering in a protection zone, or
(b) collect or distribute susceptible animals in a
protection zone for such an event.
Control of gatherings of people in a protection
zone
15. -(1) No person shall hold or take part
in the following activities in a protection zone-
(a) hunting any drag or other trail;
(b) falconry, except under a licence granted by the
Scottish Ministers;
(c) point-to-point meetings;
(d) shooting game or other wildlife or deer, except
that-
(i) the occupier of any land, members of the
occupier's household, persons employed by the occupier as
beaters and any member of a shooting party of not more than
three persons authorised by the occupier, may shoot or
attempt to shoot game, other wildlife or deer found on that
land;
(ii) a person may shoot or attempt to shoot birds
under the authority of a licence granted by the Scottish
Ministers; and
(iii) a person may cull deer under the authority of
a licence granted by the Scottish Ministers.
(2) Where holding any recreational or sporting activity
may, in the opinion of the Scottish Ministers, spread
disease, the Scottish Ministers may prohibit it by serving
notice on the person responsible for the activity.
Power to prohibit entry to land or agricultural
buildings in a protection zone
16. -(1) Subject to sub-paragraph (2), and
with the prior written consent of the Scottish Ministers,
an inspector may, notwithstanding the existence of any
public footpath or right of way, prohibit the entry of any
person-
(a) onto any land (including any common, or any
unenclosed or waste land); or
(b) into any agricultural building,
in a protection zone by causing a notice to that effect
to be displayed at every entrance to that land or
building.
(2) No person shall enter land or building in respect of
which a notice is displayed under sub-paragraph (1) other
than-
(a) the owner of any animal on that land or in that
building or that person's employees or any other person
authorised by the owner, who enters for the purpose of
tending to that animal, or
(b) a person entering under the authority of a
licence granted by an inspector
(3) No person shall remove or alter any notice displayed
under this paragraph except at the direction of an
inspector.
(4) Any prohibition on entry to land or buildings
imposed under this paragraph may be revoked in whole or in
part by-
(a) removal of all relevant notices in accordance
with the directions of an inspector, or
(b) a notice of the Scottish Ministers declaring it
.
Breeding in a protection zone
17. -(1) No person shall carry out
breeding of susceptible animals by means of itinerant
service in a protection zone.
(2) Subject to the provisions of this paragraph, no
person shall carry out artificial insemination of animals
or collect any embryo or ovum in a protection zone.
(3) The prohibition in sub-paragraph (2) shall not apply
to the occupier of any premises (or any employee of such
occupier) who carries out artificial insemination using
semen which-
(a) has not left the premises since the protection
zone was created, or
(b) has been delivered to the occupier or the
occupier's employee at the outside perimeter of the
premises from a semen collection centre,
provided that such artificial insemination is carried
out using equipment which has been on the premises since
the protection zone was created
.
(4) The prohibition in sub-paragraph (2) shall not apply
to the occupier of any premises (or any employee of such
occupier) who carries out artificial insemination of
non-susceptible animals or collection of embryos or ova of
such animals where either-
(i) the animals are on premises where there are no
susceptible animals, or
(ii) the artificial insemination has been authorised
by a licence granted by the Scottish Ministers.
Slaughter for private consumption within a
protection zone
18. No person shall slaughter on any
premises within a protection zone any susceptible animal
for private consumption on those premises.
Transport of fodder within a protection
zone
19. No person shall transport fodder to
any premises within the protection zone keeping susceptible
animals except under the authority of a licence granted by
the Scottish Ministers.
Marketing of fodder originating in a protection
zone
20. -(1) Subject to the provisions of this
paragraph, no person shall market fodder originating in a
protection zone.
(2) The prohibition in sub-paragraph (1) shall not apply
to fodder-
(a) produced before the date 21 days before the
earliest infection date within the protection zone provided
such fodder is stored and transported separately from other
fodder and in such a way as to avoid contamination, or
(b) licensed by an inspector for sale or use within
the protection zone, or
(c) produced on premises not keeping susceptible
animals using raw materials also produced on premises not
keeping susceptible animals.
(3) The prohibition in sub-paragraph (1) shall not apply
to forage or straw which has undergone the action in, or
has been stored in accordance with, paragraph 10 of
Schedule 4.
Transport and spreading of dung and manure produced
in a protection zone
21. -(1) Subject to the provisions of this
paragraph, no person shall transport or spread dung or
manure from premises within a protection zone keeping
susceptible animals or collected from vehicles carrying
susceptible animals from or within a protection zone.
(2) The prohibition in sub-paragraph (1) shall not apply
to transport of manure to a plant where such transport is
authorised by a licence granted by the Scottish Ministers
for treatment in accordance with point 5 of Section II in
Part A of Chapter III of Annex VIII to Regulation (
EC) No 1774/2002 or for storage prior to
such treatment .
(3) The prohibition in sub-paragraph (1) shall not apply
to transport of manure for spreading at premises not
keeping susceptible animals where-
(a) the manure was not produced on infected
premises, suspect premises or contact premises;
(b) the manure was produced at least 21 days before
the earliest infection date in the protection zone;
(c) where the manure is from cattle or pigs-
(i) all animals on the premises where it was
produced have been examined by an veterinary officer of the
Scottish Ministers who has ruled out the presence of
animals suspected of being infected with the disease virus,
and
(ii) the manure was produced at least 4 days before
such examination; and
(d) it is authorised by a licence granted by the
Scottish Ministers containing at least the following terms-
(i) manure from cattle or pigs shall be incorporated
into the ground;
(ii) manure from cattle, pigs or other animals-
(aa) shall be spread from not more than 1 metre
above the ground,
(bb) if liquid shall not be discharged by equipment
producing a jet or spray unless the discharge point is
directed downwards at an angle of not less than 45° from
horizontal, and
(cc) shall be immediately incorporated into the
ground;
(iii) designating the fields on which manure from
cattle or pigs may be spread, and
(iv) designating a distance from premises keeping
susceptible animals within which manure must not be
spread.
(4) Any licence granted under this paragraph shall
include the following terms-
(a) transport shall be carried out in vehicles which
have been cleansed and disinfected after loading and before
leaving the premises, and
(b) transport shall be carried out in vehicles which
have been constructed and maintained so that there is no
leakage of the load during transport.
Fresh meat etc. derived from susceptible animals
originating in a protection zone
22. -(1) Subject to the provisions of this
paragraph no person shall market any fresh meat, minced
meat, meat preparation or mechanically recovered meat
derived from a susceptible animal originating in a
protection zone.
(2) The prohibition in sub-paragraph (1) shall not apply
to fresh meat, minced meat, meat preparations or
mechanically recovered meat-
(a) produced before the date 21 days before the
earliest infection date within that protection zone,
(b) which have at all times been stored and
transported separately from fresh meat, minced meat, meat
preparations and mechanically recovered meat from
susceptible animals originating in the protection zone on
or after that date, and
(c) which have been clearly marked as complying with
this paragraph.
(3) The prohibition in sub-paragraph (1) shall not apply
to fresh meat, minced meat, meat preparations or
mechanically recovered meat where -
(a) the protection zone has been in place for more
than 30 days;
(b) the meat bears a health marking decided in
accordance with Article 25(7) of the Directive; and
(c) consequent to a decision under that Article, the
Scottish Ministers have granted a licence for the meat to
be marketed.
Fresh meat etc. produced in a protection
zone
23. -(1) Subject to the provisions of this
paragraph no person shall market any fresh meat, minced
meat, meat preparation or mechanically recovered meat
derived from a susceptible animal and produced on premises
in a protection zone.
(2) The prohibition in sub-paragraph (1) shall not apply
where the fresh meat, minced meat, meat preparation or
mechanically recovered meat has been produced on premises
authorised by a licence granted by the Scottish
Ministers.
(3) A licence granted under sub-paragraph (2) shall
contain terms requiring that-
(a) fresh meat, minced meat, meat preparations and
mechanically recovered meat produced on the premises-
(i) complies with the conditions in paragraph 22(2),
or
(ii) is derived from animals which have not at any
time been within a protection zone, or
(iii) was prepared at a slaughterhouse from animals
transported there in accordance with paragraph 12(2)(e);
and
(b) such fresh meat, minced meat, meat preparations and
mechanically recovered meat is marked in accordance with-
(i) in the case of meat from bovines, swine, sheep,
goats and domestic solipeds, Chapter XI of Annex I to
Council Directive 64/433/EEC
17, or
(ii) in the case of meat from other biungulates,
Chapter III of Annex I to Council Directive 91/495/EEC
18 or
(iii) in the case of minced meat or meat
preparations Chapter VI of Annex I to Council Directive
94/65/EC
19; and
(c) such fresh meat, minced meat, meat preparations and
mechanically recovered meat is clearly identified as
marketable outside the zone by a lot mark in accordance
with the directions of the Scottish Ministers and at all
times stored and transported separately from fresh meat,
minced meat, meat preparations and mechanically recovered
meat which is not so marketable.
Meat products produced from meat derived from
susceptible animals originating in a protection
zone
24. No person shall market meat products
derived from a susceptible animal originating in a
protection zone unless such products have been-
(a) produced from fresh meat, minced meat, meat
preparations or mechanically recovered meat which has been
marked in accordance with Council Directive 2002/99/EC and
transported in sealed containers for a treatment referred
to in paragraph 1 of Schedule 4, or
(b) produced from fresh meat, minced meat, meat
preparations or mechanically recovered meat which is in
compliance with paragraph 22(2).
Milk and milk products produced from susceptible
animals originating in a protection zone or on premises in
a protection zone
25. -(1) Subject to the provisions of this
paragraph no person shall market the milk of a susceptible
animal originating in a protection zone or any milk product
produced from such milk.
(2) The prohibition in sub-paragraph (1) shall not apply
to milk or milk products-
(a) produced before the date 21 days before the
earliest infection date within the protection zone, and
(b) which have at all times been stored and
transported separately from milk and milk products produced
on or after that date.
(3) The prohibition in sub-paragraph (1) shall not apply
to milk or milk products-
(a) intended for human consumption which have
undergone one of the treatments in paragraph 14 of Schedule
4; or
(b) not intended for human consumption which have
undergone one of the treatments in paragraph 15 of Schedule
4,
provided such treatment is carried out in the protection
zone on premises which comply with sub-paragraph (5) or, if
there are no such premises, outside the protection zone in
accordance with a licence granted by the Scottish Ministers
(and comply with art 27(8) rules on transport).
(4) No person shall market the milk of a susceptible
animal produced on premises in the protection zone or any
milk product produced from such milk unless those premises
comply with sub-paragraph (5).
(5) Premises shall comply with this sub-paragraph where
they are authorised by a licence granted by the Scottish
Ministers and the licence contains terms requiring that-
(a) all milk entering the premises complies with
sub-paragraph (2) or with sub-paragraph (3)(a) or with
sub-paragraph (3)(b) or is raw milk produced outside the
protection zone;
(b) milk on the premises and leaving the premises is
clearly identified as marketable outside the protection
zone and is at all times stored and transported separately
from raw milk and raw milk products which are not so
marketable; and
(c) any vehicle delivering raw milk from outside the
protection zone to the premises has been cleansed and
disinfected before loading and has not entered any other
premises keeping susceptible animals within the protection
zone since that cleansing and disinfection.
Transport of milk and milk products produced in a
protection zone
26. -(1) No person shall transport milk
produced on premises keeping susceptible animals in a
protection zone out of that protection zone or process any
such milk unless such transport is authorised by a licence
granted by an inspector.
(2) A licence granted under sub-paragraph (1) shall
specify the route to be taken and shall include at least
the following conditions-
(a) transport shall be carried out in vehicles which
have been cleansed and disinfected before loading;
(b) transport shall be carried out in vehicles which
have been constructed and maintained so that there is no
leakage of milk during transport and which are equipped to
avoid aerosol dispersion during loading and unloading;
(c) after loading and before leaving any premises,
the connection pipes, tyres, wheel cases and lower parts of
the vehicle and any spillage of milk shall be cleansed and
disinfected;
(d) the vehicle shall not enter any premises in the
protection zone keeping susceptible animals for purposes
other than to load milk; and
(e) that the vehicle shall be used only in a defined
area and shall be marked accordingly and shall not be moved
outwith that area until it has been cleansed and
disinfected under official supervision.
(3) No licence shall be granted under sub-paragraph (1)
for the transport of samples for diagnostic testing other
than-
(a) for diagnosis of the disease, and
(b) to a laboratory licensed under article 4 of the
Specified Animal Pathogens Order 1998 to have the disease
pathogen in its possession
(4) The obligations in paragraph 4 of Part II of
Schedule 3 to the Dairy Products (Hygiene)(Scotland)
Regulations 1995
20 shall not apply in a protection zone.
PART 3
Measures applicable only in a surveillance
zone
Fresh meat etc. derived from susceptible animals
originating in a surveillance zone and meat products
produced from such meat
27. -(1) Subject to the provisions of this
paragraph no person shall market any fresh meat, minced
meat, meat preparation or mechanically recovered meat
derived from a susceptible animal originating in a
surveillance zone or meat products produced from it.
(2) The prohibition in sub-paragraph (1) shall not apply
to fresh meat, minced meat, meat preparations or
mechanically recovered meat-
(a) produced before the date 21 days before the
earliest infection date within the associated protection
zone,
(b) which have at all times been stored and
transported separately from fresh meat, minced meat, meat
preparations and mechanically recovered meat from
susceptible animals originating in that protection zone on
or after that date, and
(c) which have been clearly marked in accordance
with the directions of the Scottish Ministers.
(3) The prohibition in sub-paragraph (1) shall not apply
to fresh meat, minced meat, meat preparations or
mechanically recovered meat produced from animals
transported in accordance with the terms of a licence
granted under paragraph 3(5) to a slaughterhouse complying
with sub-paragraph (4).
(4) Premises shall comply with this sub-paragraph where
they have been authorised by a licence granted by the
Scottish Ministers and the licence contains terms requiring
that-
(a) it is operated under strict veterinary control;
(b) it processes only fresh meat, minced meat, meat
preparations and mechanically recovered meat from animals-
(i) originating in that surveillance zone, or
(ii) reared and slaughtered outside that
surveillance zone, or
(iii) transported in accordance with the terms of a
licence granted under paragraph 12(2)(e);
(c) all fresh meat, minced meat, meat preparations and
mechanically recovered meat processed there is marked in
accordance with-
(i) in the case of bovines, swine, sheep, goats and
domestic solipeds, Chapter XI of Annex I to Council
Directive 64/433/EEC, or
(ii) in the case of meat from other biungulates,
Chapter III of Annex I to Council Directive 91/495/EEC, or
(iii) in the case of minced meat or meat
preparations which are not marketable outside the zone,
Chapter VI of Annex I to Council Directive 94/65/EC;
and
(d) all fresh meat, minced meat, meat preparations and
mechanically recovered meat processed there is clearly
identified by a lot mark in accordance with the directions
of the Scottish Ministers and at all times stored and
transported separately from fresh meat, minced meat, meat
preparations and mechanically recovered meat which does not
comply with sub-paragraph (c).
(5) The prohibition in sub-paragraph (1) shall not apply
to meat products produced from fresh meat, minced meat,
meat preparations or mechanically recovered meat-
(a) marked with the health mark in Council Directive
2002/99/EC, and
(b) transported to the place of production under the
authority of a licence granted by an inspector, and
(c) subjected there to one of the treatments
referred to in paragraph 1 of Schedule 4.
(6) The prohibition in sub-paragraph (1) shall not apply
to fresh meat, minced meat, meat preparations or
mechanically recovered meat where -
(a) the protection zone has been in place for more
than 30 days;
(b) the meat bears a health marking decided in
accordance with Article 25(7) of the Directive; and
(c) consequent to a decision under that Article, the
Scottish Ministers have granted a licence for the meat to
be marketed.
Fresh meat etc. produced in a surveillance
zone
28. -(1) Subject to the provisions of this
paragraph no person shall market any fresh meat, minced
meat, meat preparation, mechanically recovered meat or meat
product derived from a susceptible animal and produced on
premises in a surveillance zone.
(2) The prohibition in sub-paragraph (1) shall not apply
to-
(a) fresh meat, minced meat, meat preparations or
mechanically recovered meat obtained from premises
complying with paragraph 27(4), or
(b) to meat products produced from such meat or from
meat complying with the requirements of paragraphs 27(5)(a)
to (c).
Milk and milk products produced from susceptible
animals originating in a surveillance zone or on premises
in a surveillance zone
29. -(1) Subject to the provisions of this
paragraph no person shall market the milk of a susceptible
animal originating in a surveillance zone or any milk
product produced from such milk.
(2) The prohibition in sub-paragraph (1) shall not apply
to milk or milk products-
(a) produced before the date 21 days before the
earliest infection date within the associated protection
zone, and
(b) which have at all times been stored and
transported separately from milk and milk products produced
on or after that date.
(3) The prohibition in sub-paragraph (1) shall not apply
to milk or milk products-
(a) intended for human consumption which have
undergone one of the treatments in paragraph 14 of Schedule
4; or
(b) not intended for human consumption which have
undergone one of the treatments in paragraph 15 of Schedule
4
provided such treatment is carried out in that
surveillance zone on premises which comply with
sub-paragraph (5) or, if there are no such premises,
outside the zone and its associated protection zone in
accordance with a licence granted by the Scottish
Ministers.
(4) No person shall market the milk of a susceptible
animal produced on premises in a surveillance zone or any
milk product produced from such milk unless those premises
comply with sub-paragraph (5).
(5) Premises shall comply with this sub-paragraph where
they are authorised by a licence granted by the Scottish
Ministers and the licence contains terms requiring that-
(a) The establishment is operated under strict
veterinary control;
(b) all milk entering the premises complies with the
requirements in paragraph (3) or was produced outside the
surveillance zone and its associated protection zone;
(c) milk on the premises and leaving the premises is
clearly identified as marketable outside the surveillance
zone and is at all times stored and transported separately
from milk and milk products which are not so marketable;
and
(d) any vehicle delivering raw milk from outside the
zone and its associated protection zone to the premises has
been cleansed and disinfected before loading and has not
entered any other premises keeping susceptible animals
within a protection or surveillance zone since that
cleansing and disinfection.
Transport and processing of raw milk produced in a
surveillance zone
30. -(1) No person shall transport raw
milk produced on premises keeping susceptible animals in a
surveillance zone out of that surveillance zone or process
any such milk unless such transport and processing is
licensed by an inspector.
(2) A licence granted under sub-paragraph (1) shall
specify the route to be taken and shall include at least
the following conditions-
(a) transport shall be carried out in vehicles which
have been cleansed and disinfected before loading,
(b) transport shall be carried out in vehicles which
have been constructed and maintained so that there is no
leakage of milk during transport and which are equipped to
avoid aerosol dispersion during loading and unloading,
(c) after loading and before leaving any premises
where milk of animals of susceptible species was collected,
the connection pipes, tyres, wheel cases and lower parts of
the vehicle and any spillage of milk shall be cleansed and
disinfected,
(d) the vehicle shall not enter any premises in the
zone keeping susceptible animals for purposes other than to
load milk, and
(e) the area in which the vehicle may be used, the
nature of markings to be displayed for the purpose of
identifying that area, and provision as to cleansing and
disinfection under official supervision after use.
(3) No licence shall be granted under sub-paragraph (1)
for the transport of samples for diagnostic testing other
than-
(a) for diagnosis of the disease, and
(b) to a laboratory licensed under article 4(1) of
the Specified Animal Pathogens Order 1998 to have the
disease pathogen in its possession.
(4) The obligations in paragraph 4 of Part II of
Schedule 3 to the Dairy Products (Hygiene)(Scotland)
Regulations 1995
21 shall not apply in a surveillance zone.
Transport and spreading of dung and manure produced
in a surveillance zone
31. -(1) Subject to the provisions of this
paragraph, no person shall transport or spread dung or
manure from premises within a surveillance zone keeping
susceptible animals or collected from vehicles carrying
susceptible animals from or within a surveillance zone.
(2) The prohibition in sub-paragraph (1) shall not apply
to the transport of dung or manure for spreading in the
surveillance zone where, due to the existence of
exceptional circumstances, such movement is licensed by an
inspector.
(3) No inspector shall grant a licence under
sub-paragraph (2) unless satisfied that-
(a) the Scottish Ministers has examined all
susceptible animals on the premises producing the dung or
manure and has concluded that none are suspected of
infection, in which case the licence shall specify that
dung or manure-
(i) shall be spread from not more than 1 metre above
the ground,
(ii) if liquid, shall not be discharged by equipment
producing a jet or spray unless the discharge point is
directed downwards at an angle of not less than 45° from
horizontal, and
(iii) shall be immediately incorporated into the
ground; or
(b) the Scottish Ministers has clinically inspected all
susceptible animals on the premises producing the dung or
manure and has concluded they are free of infection, in
which case the licence shall specify that manure shall be
injected into the ground.
(4) A licence granted under sub-paragraph (2) shall
contain at least terms-
(a) requiring that vehicles used for transport shall be
cleansed and disinfected before loading and after
unloading;
(b) designating the areas within which the dung or
manure must be spread; and
(c) designating a distance from other premises keeping
susceptible animals within which dung or manure must not be
spread.
(5) The prohibition in sub-paragraph (1) shall not apply
to transport of manure to a plant for treatment in
accordance with point 5 of Section II in Part A of Annex
VIII to Regulation (
EC) No. 1774/2002, or for storage prior
to such treatment.
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