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Dear Colleague

Consultation on the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006 and the Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006.

I attach the draft Order and Regulations as above, together with the accompanying partial Regulatory Impact Assessment, on which would we would be grateful for your comments.

The new EU Avian Influenza Directive (2005/94/ EC) was adopted in December 2005 and we have been working since then to transpose this into Scottish legislation. The Order (which covers most of the Directive's provisions) and the Regulations (which concentrate on slaughter and vaccination) update the existing legislation and will help support the operation of Scotland's Avian Influenza Contingency Plan http://www.scotland.gov.uk/Publications/2006/02/03103441/0. Annex A provides a summary of the main provisions of the new legislation.

The partial Regulatory Impact Assessment provides further details on these proposals. In particular, it highlights that the overall effect of the new legislation is to enhance the powers currently in place and to take into account further developments in the science of Avian Influenza and lessons from recent outbreaks in Europe.

The draft legislation contains considerable detail on what controls will be required and in particular the conditions applying to a wide range of movements (not only poultry but hatching and table eggs, day old chicks, ready to lay pullets as well as as provisions for zoo and rare birds). This reflects the complex requirements of the Directive; however, we would welcome your suggestions on how we can best communicate the points in the legislation, as well as your views on the proposed measures themselves.

Comments on the proposals should be sent to the address below by 7 May 2006. I should be grateful if you would clearly indicate in your response which parts of the consultation document you are responding to as this will aid the analysis of the responses. You should also complete and return the Respondee Information Form (which is attached to the letter) with your response. This will let us know how you wish your response to be handled.

Address for reply:

or by email:Brian.Logan@scotland.gsi.gov.uk

The Scottish Executive now has an e-mail alert system for SE consultations (SEconsult). This system allows stakeholder individuals and organisations to register and receive a weekly e-mail containing details of all new SE consultations (including weblinks). SEconsult complements, but does not replace SE distribution lists, and is designed to allow stakeholders to keep up-to-date with all SE consultations activity, and therefore to be alerted at the earliest opportunity to those of most interest. I would encourage you to register.

Consultation is an essential and important aspect of Scottish Executive working methods. Given the wide-ranging areas of work of the Scottish Executive, there are many varied types of consultation. However, in general Scottish Executive consultation exercises aim to provide opportunities for all those who wish to express their opinions on a proposed area of work to do so in ways which will inform and enhance work.

While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body. Consultation exercises may involve seeking views in a number of different ways, such as public meetings, focus groups or questionnaire exercises.

Typically, Scottish Executive consultations involve a written paper inviting answers to specific questions or more general views about the material presented. Written papers are distributed to organisation and individuals with an interest in the area of consultation, and they are also placed on the Scottish Executive website enabling a wider audience to access the paper and submit their responses. All the responses to this consultation will be made available to the public in the Scottish Executive Library by 5 June 2006, unless confidentiality is requested. All responses marked confidential will be checked for any potentially defamatory material before being logged in the library or placed on the website. The library is located at Saughton House, (K Spur, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD, telephone 0131 244 4552).

The views and suggestions detailed in consultation responses are analysed and used as part of the decision making process. Depending on the nature of the consultation exercise the responses received may:

• indicate the need for policy development or review;
• inform the development of a particular policy;
• help decisions to be made between alternative policy proposals
• be used to finalise legislation before it is implemented.

If you have any comment about how this consultation exercise has been conducted, please send them to Brian.

Yours sincerely

Neil Ritchie

Annex a - Main Provisions of the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006 and the Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006.

Main Provisions of Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006

Preventive Measures

• AI Prevention Zone (requiring housing of birds, show ban, biosecurity measures ( NP - new provision)
• Regular surveillance ( NP)

On suspicion

• Temporary control zone ( NP)
• National movement ban ( NP)
• Birds to be housed
• Controls on movements of birds, eggs, vehicles etc

On confirmation of High Pathogenic Avian Influenza ( HPAI)

• Protection Zone (3km) Surveillance Zone (10 km) to be set up around infected premises with movement controls on poultry for slaughter, poultry meat, hatching eggs, chicks, ready to lay poultry, table eggs
• Restricted Zone (size and shape as required) may be set up ( NP)
• Awareness campaign ( NP)

On confirmation of Low Pathogenic Avian Influenza ( LPAI)

• All LPAI measures are NP
• LP restricted Zone (1km) set up

Mammals

• Pigs on infected premises tested for AI virus and if positive, killed or moved depending on risk
• Could include other mammals

Main Provisions of Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006

Slaughter

• At suspicion stage, pre-emptive slaughter if justified by risk ( NP)
• Slaughter and disposal of birds on infected premises and dangerous contacts, tracing and destruction of eggs, products etc
• Potential exemptions from slaughter for separate production units, non commercial holdings, zoos, rare breeds if biosecurity is good enough ( NP)
• Pre-emptive slaughter in PZ ( NP)
• LPAI - slaughter or depopulation (into food chain) of birds on infected premises ( NP)

Vaccination

• Vaccination is forbidden except as part of an approved plan, either emergency (short term) or preventive (long term)

Emergency Vaccination

• Emergency vaccination is triggered by an outbreak in UK, a nearby EU Member State or nearby third country; can begin vaccination before approval of plan detail by Commission but this entails extra controls
• Must be able to differentiate birds which have antibodies to the vaccine from birds which have antibodies to the actual virus
• Post vaccination there are biosecurity and traceability requirements for birds and eggs
• Meat from vaccinated birds does not need further treatment

Preventive Vaccination

• Trigger is by risk assessment but cannot go ahead until approved by Commission

Respondee Information Form

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