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Regulation 38(5)
SCHEDULE 9
Measures applicable in respect of a vaccination
zone
PART 1
Movement of live susceptible animals
Movement of susceptible animals during phase 1
1. -(1) During phase 1 no person shall
move any susceptible animal within or out of a vaccination
zone except within premises or under the authority of a
licence granted by the Scottish Ministers.
(2) No licence shall be granted under sub-paragraph (1)
except for direct transport of animals from premises to a
designated slaughterhouse for immediate slaughter-
(a) in the same vaccination zone, or
(b) where there is no slaughterhouse in that
vaccination zone, outside the vaccination zone.
(3) No licence shall be granted under sub-paragraph (1)
unless the person granting it is satisfied that-
(a) the Scottish Ministers have within the previous
24 hours carried out a clinical inspection on every
susceptible animal on the premises, and
(b) there is no suspicion of infection or
contamination on the premises.
Movement of susceptible animals during phase 2
2. -(1) During phase 2, no person shall
move any susceptible animal-
(a) from or to any holding in a vaccination zone to
or from any holding (whether inside or outside a
vaccination zone) except under the authority of a licence
granted by the Scottish Ministers, or
(b) from any depopulation holding except under the
authority of a licence granted by the Scottish Ministers
.
(2) No licence shall be granted under sub-paragraph
(1)(a) except for direct transport of animals from premises
to a slaughterhouse for the purpose of immediate slaughter
and from a holding classified under regulation 39(1)(b) as
free of disease.
(3) No licence shall be granted under sub-paragraph
(1)(b) except for direct transport to a slaughterhouse, for
the purpose of immediate slaughter, of an animal which has
been subjected to a diagnostic test either for infection or
for antibodies against non-structural proteins of the
disease virus without a positive reaction to any such
test.
(4) A licence granted under sub-paragraph (1) shall
require that-
(a) the animals do not come into contact with any
other susceptible animals during transport or in the
slaughterhouse;
(b) the animals are accompanied during transport by
a copy of the notice classifying their holding under
regulation , certified as a true copy by the Scottish
Ministers;
(c) any vehicle used is cleansed and disinfected
before loading and after delivery to the slaughterhouse and
the date and time of each such cleansing and disinfection
is recorded in the vehicle's logbook.
(5) The occupier of any slaughterhouse to which
susceptible animals are transported under the authority of
a licence under sub-paragraph (1) shall ensure that before
slaughter each animal undergoes an ante-mortem health check
at the slaughterhouse.
Movement of susceptible animals during phase 3
3. -(1) During phase 3, no person shall
move any susceptible animal within or out of a vaccination
zone except within premises or under the authority of a
licence granted by the Scottish Ministers.
(2) No licence for movement out of the vaccination zone
shall be granted under sub-paragraph (1) except where it is
for direct transport from a holding classified under
regulation 39 as free of disease to a slaughterhouse for
the purposes of immediate slaughter and it includes terms
requiring compliance with sub-paragraph (4).
(3) No licence for movement within the vaccination zone
shall be granted under sub-paragraph (1) except where-
(a) the animals concerned are unvaccinated,
(b) the licence includes a term specifying the route
to be taken which shall ensure the animals are not exposed
to infection during the journey, and
(c) the conditions in sub-paragraph (6) have been
complied with.
(4) The requirements of this sub-paragraph are that-
(a) the animals do not come into contact with any
other susceptible animals during transport or in the
slaughterhouse;
(b) the animals are accompanied during transport by
a copy of the notice classifying their holding under
regulation 39, certified as a true copy by an officer of
the Scottish Ministers;
(c) any vehicle used is cleansed and disinfected
before loading and after delivery to the slaughterhouse and
the date and time of each such cleansing and disinfection
is recorded in the vehicle's logbook.
(5) The occupier of any slaughterhouse to which
susceptible animals are transported under the authority of
a licence granted under this paragraph from a holding
classified as free of disease under regulation 39 shall
ensure that before slaughter each animal undergoes an
ante-mortem health check at the slaughterhouse.
(6) The conditions in this sub-paragraph are that-
(a) the Scottish Ministers have within the previous
24 hours caused to be carried out a clinical examination on
every susceptible animal on the holding of origin and have
not identified signs of the disease;
(b) every susceptible animal on the holding of
origin has been kept there for at least 30 days;
(c) the holding of origin is not in a protection
zone or a surveillance zone;
(d) every animal intended for transport has been
tested for antibodies against the disease after the end of
its incubation period with negative results or a
serological survey has been completed.
(7) Notwithstanding sub-paragraph (3), no licence shall
be granted under sub-paragraph (1) for movement of the
non-vaccinated offspring of a vaccinated dam unless either-
(a) each animal has undergone a serological test for
the detection of antibodies against the disease with a
negative result, or
(b) the licence is for movement to-
(i) a holding within the vaccination zone with the
same classification under regulation 39; or
(ii) a slaughterhouse for immediate slaughter; or
(iii) a specified holding in which case the licence
shall also contain a condition requiring that the animals
may not leave that holding except to go directly to a
slaughterhouse for slaughter.
PART 2
Fresh meat
Fresh meat produced from vaccinated animals during
phase 1
4. -(1) No person shall transport fresh
meat produced from a vaccinated animal during phase 1
except under the authority of a licence granted by the
Scottish Ministers.
(2) Any person producing fresh meat from a vaccinated
animal during phase 1 shall ensure that it is marked in
accordance with Council Directive 2002/99/EC
22.
(3) Any person storing or transporting fresh meat marked
in accordance with sub-paragraph (2) shall ensure that it
is stored and transported separately from meat which is not
so marked.
(4) A licence granted under sub-paragraph (1) shall-
(a) specify the destination, which shall be an
establishment capable of treating the fresh meat in
accordance with one of the treatments referred to in
paragraph 1 of Schedule 4 ; and
(b) contain a term requiring that the fresh meat is
transported in sealed containers
(5) On arrival at its destination, the person in charge
of the establishment shall ensure that the fresh meat is
subjected to one of the treatments referred to in paragraph
1 of Schedule 4.
Fresh meat produced from vaccinated ruminants during
phase 2
5. -(1) No person shall market fresh meat
produced from vaccinated ruminants during phase 2 except
where-
(a) it has been processed in an establishment licensed
for that purpose by the Scottish Ministers and such licence
shall include-
(i) a condition requiring that only fresh meat
(excluding offal)-
(aa) which has been subjected to the treatments
described in paragraphs 11, 13 and 14 of Schedule 4, or
(bb) which has been produced from animals reared and
slaughtered outside the vaccination zone
is processed there; and
(ii) such further conditions as the Scottish
Ministers think fit so as to ensure the establishment is
operated under strict veterinary control;
(b) it is marked in accordance with-
(i) in the case of fresh meat from bovines, swine,
sheep and goats, Chapter XI of Annex I to Council Directive
64/433/EEC
23 or
(ii) in the case of fresh meat from other
biungulates, Chapter III of Annex I to Council Directive
91/495/EC
24.
(2) Any person producing fresh meat from vaccinated
ruminants during phase 2 shall ensure that it is identified
in such a way as to distinguish it from fresh meat produced
from other animals.
(3) Any person storing or transporting fresh meat
produced from vaccinated ruminants during phase 2 shall
ensure that-
(a) the mark identifying it as such is maintained,
and
(b) it is stored and transported separately from
fresh meat which is not so identified.
(4) No person shall market fresh meat from vaccinated
swine slaughtered during phase 2 except where it has
undergone one of the treatments referred to in paragraph 1
of Schedule 4 in an establishment licensed for that purpose
by the Scottish Ministers.
(5) Any person producing fresh meat from vaccinated
swine slaughtered during phase 2 shall ensure that it is
identified in such a way as to distinguish it from fresh
meat produced from other animals.
(6) Any person storing or transporting fresh meat
produced from vaccinated swine slaughtered during phase 2
shall ensure that-
(a) the mark identifying it as such is maintained,
and
(b) it is stored and transported separately from
fresh meat which is not so identified and in particular,
when it is transported to the establishment referred to in
sub-paragraph (4) it is transported in sealed
containers.
Fresh meat from unvaccinated animals produced during
phase 3
6. -(1) No person shall market fresh meat
produced during phase 3 from unvaccinated susceptible
animals originating in a vaccination zone except where-
(a) it has been processed in an establishment licensed
by the Scottish Ministers and such licence shall include-
(i) a condition requiring that only fresh meat from
animals transported to the slaughterhouse under a licence
in compliance with paragraph 3 of Part 1 shall be processed
there (but this condition shall not be imposed if the
Scottish Ministers have declared the commencement of phase
3 in that vaccination zone), and
(ii) such further conditions as the Scottish
Ministers think fit so as to ensure the establishment is
operated under strict veterinary control; and
(b) it is marked in accordance with-
(i) in the case of fresh meat from bovines, swine,
sheep and goats, Chapter XI of Annex I to Council Directive
64/433/EEC, or
(ii) in the case of fresh meat from other
biungulates, Chapter III of Annex I of Council Directive
91/495/EEC.
(2) No licence shall be granted under sub-paragraph (1)
unless-
(a) all susceptible animals on all depopulation
holdings in the vaccination zone have been slaughtered, or
(b) the unvaccinated susceptible animals in respect
of which the licence is to be granted were transported to
the slaughterhouse under a licence granted by the Scottish
Ministers which contained conditions requiring either that-
(i) the animals do not come into contact with any
other susceptible animals during transport or in the
slaughterhouse, and
(ii) the animals are accompanied during transport by
a copy of the notice classifying their holding under
regulation 39, certified as a true copy by an officer of
the Scottish Ministers, and
(iii) any vehicle used is cleansed and disinfected
before loading and after delivery to the slaughterhouse and
the date and time of each such cleansing and disinfection
is recorded in the vehicle's logbook; or
(iv) every animal has been tested for antibodies
against the disease after the end of its incubation period
with negative results or a serological survey was
completed.
(3) Any person producing fresh meat from unvaccinated
susceptible animals during phase 3 shall ensure that it is
identified in such a way as to distinguish it from fresh
meat produced from other animals.
(4) Any person storing or transporting fresh meat
produced from unvaccinated susceptible animals during phase
3 shall ensure that-
(a) the mark identifying it as such is maintained,
and
(b) it is stored and transported separately from
fresh meat which is not so identified.
Fresh meat from vaccinated ruminants and their
seropositive offspring slaughtered during phase 3
7. -(1) No person shall market fresh meat
produced from vaccinated ruminants or from the seropositive
offspring of vaccinated dams slaughtered during phase 3
except where-
(a) it has undergone one of the treatments referred to
in paragraph 1 of Schedule 4 in an establishment licensed
for that purpose by the Scottish Ministers;
(b) it has been treated in an establishment licensed for
that purpose by the Scottish Ministers and such licence
includes-
(i) a condition requiring that only fresh meat
(excluding offal)-
(aa) which has been subjected to the treatments
described in paragraphs 11, 13 and 14 of Schedule 4, or
(bb) which has been produced from unvaccinated
susceptible animals or animals reared and slaughtered
outside a vaccination zone
is processed there; and
(ii) such further conditions as the Scottish
Ministers think fit so as to ensure the establishment is
operated under strict veterinary control; or
(c) in the case of fresh meat of ruminants not subjected
to treatment in accordance with Part A of Annex VIII to the
Directive, and minced meat and meat preparations produced
from such meat, it is intended for placing on the market in
a specific region of the United Kingdom, and bears a health
mark decided under Article 58(13) of the Directive.
(2) Any person producing fresh meat from vaccinated
ruminants or their seropositive offspring during phase 3
for processing in an establishment licensed under
sub-paragraph (1)(a) shall ensure that it is marked in
accordance with Council Directive 2002/99/EC.
(3) Any person storing or transporting fresh meat marked
in accordance with sub-paragraph (2) shall ensure that it
is stored and transported separately from meat which is not
so marked and that when it is transported to the
establishment licensed under sub-paragraph (1)(a), it is
transported in sealed containers.
(4) Any person producing fresh meat from vaccinated
ruminants or their seropositive offspring during phase 3
for processing in an establishment licensed under
sub-paragraph (1)(b) shall ensure it is marked in
accordance with-
(a) in the case of fresh meat from bovines, swine,
sheep and goats, Chapter XI of Annex I to Council Directive
64/433/EEC, or
(b) in the case of fresh meat from other
biungulates, Chapter III of Annex I to Council Directive
91/495/EEC, or
(5) Any person producing fresh meat from vaccinated
ruminants or their seropositive offspring during phase 3
for processing in an establishment licensed under
sub-paragraph (1)(b) shall ensure that it is identified in
such a way as to distinguish it from fresh meat produced
from other animals.
(6) Any person storing or transporting fresh meat from
vaccinated ruminants or their seropositive offspring during
phase 3 for processing in an establishment licensed under
sub-paragraph (1)(b) or (c) shall ensure that-
(a) the mark identifying it as such is maintained,
and
(b) it is stored and transported separately from
fresh meat which is not so identified.
Fresh meat from vaccinated swine and their seropositive
offspring slaughtered during phase 3
8. -(1) No person shall market fresh meat
produced from vaccinated swine or from the seropositive
offspring of vaccinated dams slaughtered during phase 3
except where-
(a) it has undergone one of the treatments referred
to in paragraph 1 of Schedule 4 in an establishment
licensed for that purpose by the Scottish Ministers; or
(b) it has been treated in an establishment licensed for
that purpose by the Scottish Ministers and such licence
includes-
(i) a condition requiring that only fresh meat-
(aa) which has been produced from animals
originating in holdings which have been declared free of
disease under regulation 39, or
(bb) which has been produced from animals reared and
slaughtered outside a vaccination zone
is processed there; and
(ii) such further conditions as the Scottish
Ministers thinks fit so as to ensure the establishment is
operated under strict veterinary control.
(2) Any person producing fresh meat from vaccinated
swine or their seropositive offspring during phase 3 for
processing in an establishment licensed under sub-paragraph
(1)(a) shall ensure that it is marked in accordance with
the directions of the Scottish Ministers.
(3) Any person storing or transporting fresh meat marked
in accordance with sub-paragraph (2) shall ensure that it
is stored and transported separately from meat which is not
so marked and that when it is transported to the
establishment licensed under sub-paragraph (1)(a), it is
transported in sealed containers.
(4) Any person producing fresh meat from vaccinated
swine or their seropositive offspring during phase 3 for
processing in an establishment licensed under sub-paragraph
(1)(b) shall ensure it is marked in accordance with the
directions of the Scottish Ministers.
(5) Any person producing fresh meat from vaccinated
swine or their seropositive offspring during phase 3 for
processing in an establishment licensed under sub-paragraph
(1)(b) shall ensure that it is identified in such a way as
to distinguish it from fresh meat produced from other
animals.
(6) Any person storing or transporting fresh meat from
vaccinated swine or their seropositive offspring during
phase 3 for processing in an establishment licensed under
sub-paragraph (1)(b) shall ensure that-
(a) the mark identifying it as such is maintained,
and
(b) it is stored and transported separately from
fresh meat which is not so identified.
PART 3
Products other than fresh meat
Milk and milk products
9. -(1) No person shall market any milk or
milk product produced from a vaccinated animal unless it
has undergone one of the treatments in paragraph 14 of
Schedule 4 (where it is for human consumption) or paragraph
15 of Schedule 4 (where it is for non-human
consumption).
(2) Where treatment under sub-paragraph (1) is carried
out inside the vaccination zone, it shall be carried out at
an establishment licensed for that purpose by the Scottish
Ministers.
(3) A licence granted under sub-paragraph (2) shall
include conditions requiring that-
(a) all milk in the establishment-
(i) has undergone one of the treatments in paragraph
14 of Schedule 4 (where it is for human consumption) or
paragraph 15 of Schedule 4 (where it is for non-human
consumption), or
(ii) is raw milk obtained from outside a vaccination
zone; and
(b) all milk is identified, stored and transported
separately from raw milk and raw milk products which are
not intended to be moved out of the vaccination zone.
(4) No person shall transport milk or milk products to
an establishment carrying out treatment in accordance with
sub-paragraph (1) unless-
(a) where the establishment is in a vaccination zone and
the milk or milk products are coming from outside such a
zone, such transport is carried out in vehicles which were
cleansed and disinfected before transport and since then
have not entered any holding keeping susceptible animals in
a vaccination zone or vaccination surveillance zone or a
protection, surveillance or restricted zone declared under
these regulations;
(b) where the establishment is outside a vaccination
zone and the milk or milk products are coming from a
holding inside such a zone such transport is under the
authority of a licence granted by the Scottish Ministers
and such licence shall designate the route to be taken and
shall contain terms requiring that-
(i) transport is carried out in vehicles which-
(aa) were cleansed and disinfected before transport,
(bb) are constructed and maintained in such a way
that there is no leakage of milk during transport and which
are equipped to avoid aerosol dispersion during loading and
unloading of milk;
(cc) operate only within a defined part of Scotland
and are marked so as to identify that part.
(ii) before leaving a holding where milk from
susceptible animals has been collected, the connection
pipes, tyres, wheel cases, the lower parts of the vehicle
and any spillage of milk are cleansed and disinfected;
(iii) after leaving the last holding where milk from
susceptible animals has been collected, the vehicle does
not enter any other holdings in the vaccination zone where
susceptible animals are kept.
(5) During phases 1 and 2 no person shall collect or
transport samples of raw milk from susceptible animals from
a holding in the vaccination zone other than to a
laboratory licensed in respect of the disease under article
4 of the Specified Animal Pathogens Order 1998
25 and the obligations in paragraph 4 of Part II of
Schedule 3 to the Dairy Products (Hygiene)(Scotland)
Regulations 1995
26 shall not apply.
(6) During phase 3 no person shall collect or transport
samples of raw milk from susceptible animals from a holding
in the vaccination zone other than-
(a) to a laboratory licensed in respect of the
disease under article 4 of the Specified Animal Pathogens
Order 1998, and
(b) under the authority of a licence granted by the
Scottish Ministers.
Artificial insemination and collection of ova and
embryos
10. -(1) No person shall collect semen for
artificial insemination from donor susceptible animals kept
in semen collection centres situated in a vaccination zone
except under the authority of a licence granted by the
Scottish Ministers.
(2) No licence shall be granted under sub-paragraph (1)
other than a licence for collection to produce frozen semen
and such licence shall contain conditions requiring
that-
(a) semen collected under it is clearly marked as such
and is stored separately for at least 30 days before
use;
(b) either-
(i) the donor animal is unvaccinated and-
(aa) all animals kept in the semen collection centre
have undergone a clinical examination and samples have been
subjected to a serological test which substantiates the
absence of infection in the semen collection centre, and
(bb) it has been subjected with negative result to a
serological test for the detection of antibodies against
the disease on a sample taken not earlier than 28 days
after collection of the semen; or
(ii) the donor animal has been vaccinated following
a negative test for antibodies against the disease virus
and-
(aa) a negative result has been achieved in a test
for the detection of either the disease virus or viral
genome or for the detection of antibody against
non-structural proteins, carried out at the end of the
quarantine period for the semen on samples taken from all
susceptible animals kept at the semen collection centre at
that time, and
(bb) 5% of the semen from each collection (with a
minimum of five straws) has been subjected to a virus
isolation test for the disease with negative results.
(3) No person shall collect ova or embryos from donor
susceptible animals kept in a vaccination zone.
Hides and skins
11. No person shall market any hide or
skin of a susceptible animal originating in a vaccination
zone unless-
(a) it was produced at least 21 days before the
vaccination zone was declared, and was at all times stored
separately from hides and skins which were not so produced,
or
(b) it complies with paragraph 2 of Schedule 4.
Wool, ruminant hair and pig bristles
12. No person shall market any wool,
ruminant hair or pig bristle from a susceptible animal
originating in a vaccination zone unless it is unprocessed
and-
(a) was produced at least 21 days before the
vaccination zone was declared and was at all times stored
separately from wool, ruminant hair or pig bristles which
were not so produced, or
(b) complies with paragraph 3 of Schedule 4.
Other animal products
13. -(1) This paragraph applies to animal
products from susceptible animals originating in a
vaccination zone other than those covered by paragraphs 4
to 12.
(2) No person shall market an animal product to which
this paragraph applies unless-
(a) it was produced at least 21 days before the
vaccination zone was declared and was at all times stored
separately from animal products which were not so produced;
or
(b) it has undergone one of the treatments in paragraph
4 of Schedule 4; or
(c) it is referred to in paragraphs 5 to 9 of Schedule 4
has undergone the relevant treatment or complies with the
relevant requirement in those paragraphs; or
(d) it is a composite product (that is, a manufactured
or processed product 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
has either-
(i) been treated to ensure destruction of disease,
or
(ii) been produced from animals not originating in a
vaccination zone; or
(e) it is a packaged product, ready for use by the end
user, containing an animal product, and used as a reagent,
reagent product, calibrator, kit or 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.
Transport and distribution of dung and manure
14. -(1) No person shall transport or
distribute dung or manure from holdings or other premises
situated in a vaccination zone where susceptible animals
are kept except transport or distribution within the
vaccination zone-
(a) under the authority of a licence granted by the
Scottish Ministers, or
(b) where transport of manure is to a plant 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.
(2) No licence shall be granted under sub-paragraph (1)
unless the Scottish Ministers are satisfied that an officer
of the Scottish Ministers has-
(a) 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 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) clinically inspected all susceptible animals on the
premises producing the dung and manure and has concluded
that they are free of infection, in which case the licence
shall specify that manure shall be injected into the
ground.
(3) A licence granted under sub-paragraph (1) 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.
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