« Previous | Contents | Next »
Listen
Annex 1
SCOTTISH STATUTORY INSTRUMENTS
2009 No.
Animals
animal health
The Swine Vesicular Disease (Scotland) Order 2009
Made -- --
Coming into force -- 2008
contents
PART 1
Introduction
1. Citation, commencement and extent
2. Interpretation
3. Exemptions
4. Epidemiological inquiries
5. Disinfectants
6. Notices and licences
7. Licences granted outside Scotland
8. Pigs living in the wild
9. Conservation and related measures
PART 2
Controls on premises with swine vesicular disease
10. Notification of swine vesicular disease
11. Suspicion of swine vesicular disease
12. Confirmation of swine vesicular disease
13. Suspect premises on which there are seropositive pigs
14. Measures where premises are infected with swine vesicular disease
15. Slaughterhouses
16. Compensation
PART 3
Area controls
17. Declarations of zones
18. Protection and surveillance zones
19. Declarations where swine vesicular disease is outside Scotland
20. Revoking declaration of protection or surveillance zone
21. Publicity
PART 4
Vaccination
22. Prohibition on vaccination
23. Compulsory vaccination
24. Vaccinated pigs
PART 5
Inspection and enforcement
25. Powers of entry
26. Powers of an inspector
27. Pigs living in the wild
28. Notices relating to movement
29. Closing rights of way in a protection zone
30. Powers of inspectors in case of default
31. Obstruction
32. Offences by bodies corporate
33. Enforcement
34. Exceptional circumstances
35. Revocations and consequential amendment
SCHEDULE 1 - Measures on premises
PART 1 - Measures on premises where swine vesicular disease is suspected
PART 2 - Cleansing, disinfection and re-stocking
SCHEDULE 2 - Measures in a protection zone
SCHEDULE 3 - Measures in a surveillance zone
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 1,7(1),8(1),15(4),17(1),23,25,28,33(2),35(1),35(3),72,83(2) and 88(2) of the Animal Health Act 1981( 3) and all other powers enabling them to do so.
PART 1
Introduction
Citation, commencement and extent
1. -• This Order may be cited as the Swine Vesicular Disease (Scotland) Order 2009 and comes into force on [ ] 2009.
(1) This Order extends to Scotland only.
Interpretation
2. In this Order-
"carcase" means a carcase or part of a carcase of a pig;
"livestock" means hoofed animals other than horses;
"pig" means any animal of the suidae family;
"premises" includes any place, vehicle, vessel, aircraft, trailer, container, stall or moveable structure..
Exemptions
3. This Order does not apply to-
(a) anything done under the terms of a licence granted under the Specified Animal Pathogens Order 1998 ( 4);
(b) any quarantine centre or quarantine facility approved under the Animals and Animal Products (Import and Export) (Scotland) Regulations 2007( 5);
(c) anything done under the terms of an animal test certificate granted under the Veterinary Medicines Regulations 2008( 6).
Epidemiological inquiries
4. Where an epidemiological inquiry is required under this Order, it must try to establish at least-
(a) the length of time that swine vesicular disease virus may have existed on the premises;
(b) the origin of that virus;
(c) the identification of other premises contaminated with that virus from the same source;
(d) the movement of any person or thing which could have carried that virus to or from the premises; and
(e) the possibility that pigs living in the wild may be involved in the spread of virus.
Disinfectants
5. -• Disinfectants used and, where appropriate their concentrations, must be approved by the Scottish Ministers and used in accordance with the manufacturer's instructions (if any).
(1) Cleansing and disinfection must be carried out in such a way so to minimise the risk of spread or survival of the swine vesicular disease virus.
Notices and licences
6. -• A notice or direction under this Order-
(a) must be in writing;
(b) [may be subject to conditions, requirements or other measures; and]
(c) may be amended, suspended or revoked, by further notice or direction, at any time.
(2) A licence granted under this Order must be in writing and may be-
(a) general or specific;
(b) subject to conditions; and
(c) amended, suspended or revoked in writing at any time.
(3) A person moving anything under the authority of a specific licence must-
(a) carry the licence or a copy of it at all times during the movement;
(b) on demand by an inspector or an officer of the Scottish Ministers, produce the licence or copy and allow a copy or extract to be taken.
(4) A person moving anything under the authority of a general licence must-
(a) carry, at all times during the movement, a consignment note containing details of-
(i) what is being transported, including the quantity;
(ii) the date of the movement;
(iii) the names of the consignor and consignee;
(iv) the address of the place from which the movement started, and the destination;
(b) on demand by an inspector or an officer of the Scottish Ministers, produce the consignment note and allow a copy or extract to be taken;
(c) keep the consignment note for at least 6 months.
Licences granted outside Scotland
7. Except where otherwise directed by the Scottish Ministers, licences granted in England or Wales for activities which could be licensed in Scotland under this Order have effect in Scotland as if they were licences granted under this Order.
Pigs living in the wild
8. Where pigs living in the wild are infected or suspected of being infected with swine vesicular disease, the Scottish Ministers must take appropriate action to minimise the risk of swine vesicular disease spreading to other pigs.
Conservation and related measures
9. -• The Scottish Ministers may decide not to kill pigs if they are kept for purposes relating to conservation of species or genetic resource, scientific research or breeding for such research.
(1) If a decision is made not to kill pigs, a veterinary inspector may serve a notice on an occupier of the premises requiring the occupier to ensure the performance of the biosecurity arrangements specified in the notice (a "biosecurity notice").
(2) A biosecurity notice may only be served where the veterinary inspector is satisfied that it is appropriate to do so in order to prevent or reduce the risk of the spread of swine vesicular disease.
PART 2
Controls on premises with swine vesicular disease
Notification of swine vesicular disease
10. -• Any person in possession or charge of a pig or carcase, or who inspects or examines a pig or carcase, who suspects that the pig is infected or the carcase is contaminated with swine vesicular disease virus must immediately notify the Divisional Veterinary Manager.
(1) Following notification under paragraph (1), and except as permitted in writing by a veterinary inspector, the person in possession or charge of the pig or carcase must ensure that-
(a) the pig or carcase is not moved from the premises where it is situated; and
(b) no other pig or carcase or any thing likely to spread swine vesicular disease is moved from or to those premises;
(c) any person who has been in contact with any pig or carcase on the premises, or been on any part of the premises that may be contaminated with swine vesicular disease virus, takes all necessary biosecurity precautions to reduce the risk of spreading swine vesicular disease before leaving the premises,
and must continue to do so until a veterinary inspector has either served a notice designating the premises as suspect premises or has confirmed that swine vesicular disease virus is not suspected on the premises.
(2) Any person who examines a sample taken from a pig or carcase must immediately notify the Divisional Veterinary Manager if the person-
(a) suspects that it is contaminated with swine vesicular disease virus; or
(b) detects evidence of antibodies to, or antigens of, that virus.
(3) In this article, "the Divisional Veterinary Manager" means the veterinary inspector authorised by the Scottish Ministers to receive information about pigs infected or carcases contaminated, or suspected of being infected or contaminated, with swine vesicular disease virus, for the area in which such pigs or carcases are situated.
Suspicion of swine vesicular disease
11. -• An inspector must act in accordance with paragraph (2) on suspicion that-
(a) a pig or carcase that is or has been infected or contaminated with swine vesicular disease is on any premises (whether or not after notification under this Order);
(b) premises are contaminated with swine vesicular disease virus; or
(c) premises or pigs on them have been exposed to swine vesicular disease virus.
(2) The inspector must-
(a) serve a notice on the occupier designating the premises as suspected premises; and
(b) ensure that a warning sign is immediately placed at every entrance to the premises stating that entry is prohibited unless authorised.
(3) Part 1 of Schedule 1 shall apply to premises designated as suspected premises.
(4) A veterinary inspector must on designating premises as suspected premises-
(a) immediately take all necessary steps, including such testing as may be required, to determine whether or not any ground for suspicion specified in paragraph (1) is established ; and
(b) commence an epidemiological inquiry.
(5) Paragraph (2) does not apply during any period when-
(a) swine vesicular disease and foot-and-mouth disease are both suspected at the premises; and
(b) a notification under article 8(1) and (2) of the 2006 Order has been given, or a notice under articles 9 and 10(2) of the 2006 Order served, in respect of the premises.
(6) If a notice relating to swine vesicular disease has been served and a veterinary inspector is then satisfied that the suspicion was unfounded, the veterinary inspector must discontinue the epidemiological inquiry and remove the notice and warning signs, whereupon the measures in Part 1 of Schedule 1 cease to have effect.
(7) If the suspicion of swine vesicular disease is a result of contact with other premises where swine vesicular disease has been confirmed the Scottish Ministers may kill any pig on the suspected premises without further confirmation of the existence of the disease on those premises.
(8) In this article, "the 2006 Order" means the Foot-and-Mouth Disease (Scotland) Order 2006( 7).
Confirmation of swine vesicular disease
12. The Scottish Ministers must confirm, taking account of any results from testing under article 11, that suspect premises (other than slaughterhouses) are infected with swine vesicular disease ("infected premises") if-
(a) swine vesicular disease virus is isolated in a pig or on the premises;
(b) the premises contain pigs that are seropositive for swine vesicular disease and, in addition, those pigs or other pigs on the premises show clinical signs of swine vesicular disease; or
(c) there is a direct epidemiological connection with a confirmed outbreak of swine vesicular disease and, in addition, the premises contain pigs that either show clinical signs of swine vesicular disease or are seropositive.
Suspect premises on which there are seropositive pigs
13. -• This article applies if testing under article 11 shows that there are seropositive pigs on suspect premises, but where those premises are not confirmed as infected premises under article 12.
(1) The Scottish Ministers must undertake further investigations, and in particular must take further samples and must test those samples with an interval of 28 days at least between samples taken when disease was first suspected and the samples taken under this article.
(2) The restrictions imposed under article 11 remain in place pending the test result.
(3) If the test shows that swine vesicular disease exists the Scottish Ministers must confirm that the premises are infected with swine vesicular disease.
(4) If the test shows no evidence of swine vesicular disease the Scottish Ministers must ensure that all pigs that have tested seropositive are-
(a) killed and destroyed under the supervision of an inspector; or
(b) slaughtered in a slaughterhouse designated for the purpose by the Scottish Ministers where they are kept and slaughtered separately from other pigs,
following which a veterinary inspector must revoke the notice and remove the warning signs required under article 11, and the measures in Part 1 of Schedule 1 cease to apply to the premises.
Measures where premises are infected with swine vesicular disease
14. -• This article applies if the Scottish Ministers confirm that premises are infected with swine vesicular disease.
(1) The measures in Part 1 of Schedule 1 continue in force.
(2) The Scottish Ministers must immediately-
(a) kill all pigs on the premises; and
(b) remove all carcases, tissue and blood from the premises and dispose of them in such a way as to avoid the risk of swine vesicular disease virus spreading.
(3) The Scottish Ministers must without delay spray with disinfectant-
(a) all parts of the premises and all equipment to which the pigs have had access; and
(b) anything contaminated during slaughter,
and ensure that disinfectant remains on the sprayed surfaces for at least 24 hours.
(4) Following this, the occupier must, within a time specified by a veterinary inspector, cleanse and disinfect (and may, if desired, re-stock) in accordance with Part 2 of Schedule 1.
(5) A veterinary inspector may not remove the notice and warning signs required under article 11 until-
(a) the occupier has cleansed, disinfected and (if desired) re-stocked the premises in accordance with Part 2 of Schedule 1, all to the satisfaction of a veterinary inspector; or
(b) the Scottish Ministers are satisfied that sufficient time has elapsed for the virus to have decayed naturally.
Slaughterhouses
15. -• This article applies if a veterinary inspector suspects that the swine vesicular disease virus exists in a slaughterhouse.
(1) The provisions of article 10(2) apply to the occupier of the slaughterhouse as if the occupier were a person in possession or charge of a pig or carcase for the purposes of that article.
(2) In addition, the Scottish Ministers may require that-
(a) all [suspect] pigs on the [premises] [slaughterhouse] [slaughterhouse and (if separate) premises used as lairage] are slaughtered as soon as possible, separately from other pigs; and
(b) all carcases of suspect pigs and any other carcases that may have been contaminated are stored separately from any other carcases.
(3) Unless a veterinary inspector is satisfied that the suspicion was unfounded, a veterinary inspector may not remove the restrictions-
(a) in the part of the slaughterhouse where the suspect or contaminated carcases were stored, until those carcases have been removed and the occupier has cleansed and disinfected that part to the satisfaction of and in accordance with the instructions of a veterinary inspector;
(b) in any other part of the slaughterhouse unless the occupier has cleansed and disinfected it to the satisfaction of and in accordance with the instructions of a veterinary inspector.
Compensation
16. -• The Scottish Ministers must pay compensation for pigs killed or slaughtered under this Order.
(1) If the pig was affected with swine vesicular disease the compensation is its value immediately before it became so affected.
(2) Otherwise the compensation is its value immediately before it was killed or slaughtered.
(3) The Scottish Ministers must pay compensation for anything seized under this Order at its value at the time of seizure.
PART 3
Area controls
Declarations of zones
17. A declaration of a zone [under this Part]-
(a) must be in writing;
(b) must designate the extent of the zone being declared;
(c) may be subject to conditions, requirements or other measures; and
(d) except as otherwise provided in this Order, may be amended or revoked by further declaration at any time.
Protection and surveillance zones
18. -• The Scottish Ministers must [(unless there is a valid reason not to)] declare a protection zone and a surveillance zone where premises have been confirmed to be infected premises.
(1) The protection zone must have a radius of at least 3 kilometres and the surveillance zone must have a radius of at least 10 kilometres, both centred on the part of the premises that the Scottish Ministers consider most appropriate for disease control.
(2) The Scottish Ministers must ensure that-
(a) premises within a protection zone or a surveillance zone that contain pigs are identified as soon as possible;
(b) a veterinary inspector visits all such premises that are within a protection zone as soon as possible, and-
(i) inspects and as necessary examines pigs at the premises; and
(ii) collects such samples as the veterinary inspector considers necessary.
(3) Schedule 2 sets out measures that apply in protection zones and Schedule 3 sets out measures that apply in surveillance zones.
(4) The Scottish Ministers may declare that any other measure necessary to prevent the spread of swine vesicular disease applies in respect of the whole or any part of any protection zone or surveillance zone.
(5) Premises-
(a) partly inside and partly outside a protection zone are treated as being inside it;
(b) partly inside a surveillance zone and partly in an area other than a protection zone are treated as being inside the surveillance zone.
(6) When the Scottish Ministers revoke a declaration of a protection zone, the area that formed that protection zone becomes part of the surveillance zone.
Declarations where swine vesicular disease is outside Scotland
19. -• Where a protection zone or a surveillance zone (or an equivalent zone) is established in England in relation to swine vesicular disease, the Scottish Ministers must immediately declare a-
(a) protection zone to cover at least such area in Scotland as is within 3 kilometres of the centre of the protection zone established in England; and
(b) surveillance zone to cover at least such area in Scotland as is within 10 kilometres of the centre of the surveillance zone established in England.
(2) The Scottish Ministers may declare a protection zone and a surveillance zone on being satisfied that swine vesicular disease exists on any premises in England or Wales that is 10 or more kilometres from Scotland.
Revoking declaration of protection or surveillance zone
20. The Scottish Ministers must not revoke a declaration of a protection zone or a surveillance zone until all-
(a) necessary cleansing and disinfection has been carried out at all premises in the zone at which swine vesicular disease has been confirmed;
(b) premises with pigs have been visited by a veterinary inspector, who has-
(i) inspected and as necessary examined the pigs; and
(ii) collected such samples as the inspector considers necessary; and
(c) all such samples have been tested with negative results.
Publicity
21. -• The Scottish Ministers must publicise-
(a) the extent of any zone declared under this Order;
(b) the nature of the restrictions and requirements relating to the zone;
(c) the date of any declaration of zone, or any further declaration [amending or] revoking such declaration.
(2) An inspector or an officer of the Scottish Ministers must where necessary erect signs where a road enters a zone, indicating the existence of the zone.
PART 4
Vaccination
Prohibition on vaccination
22. No person may vaccinate a pig against swine vesicular disease except-
(a) in accordance with article 23; or
(b) under the authority of a licence granted by the Scottish Ministers.
Compulsory vaccination
23. -• The Scottish Ministers may declare a vaccination zone in which all keepers of pigs on premises inside the zone must ensure the vaccination of those pigs in accordance with that declaration.
(1) Premises partly inside and partly outside a vaccination zone are treated as being inside the zone.
(2) In the case of pigs outside a vaccination zone , a veterinary inspector may serve a notice on a keeper of pigs requiring that keeper to ensure the vaccination of the pigs in accordance with that notice.
Vaccinated pigs
24. -• Any person vaccinating a pig must, in such manner as may be instructed by an inspector, identify that pig as having been vaccinated.
(1) If the vaccination was as a result of the declaration of a vaccination zone, no person may remove a vaccinated pig outside the zone except to a slaughterhouse designated for the purpose by the Scottish Ministers, where such pigs must be kept and slaughtered separately from other pigs.
(2) Otherwise no person may remove a vaccinated pig from the premises on which it was vaccinated (or, if the licence permitted vaccination in an area, from the area where vaccination is permitted) except to a slaughterhouse designated for the purpose by the Scottish Ministers, where such pigs must be kept and slaughtered separately from other pigs.
PART 5
Inspection and enforcement
Powers of entry
25. -• An inspector may, on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of ensuring that the provisions of this Order are being complied with.
(1) The inspector may be accompanied by-
(a) such other persons as the inspector considers necessary; and
(b) any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.
Powers of an inspector
26. An inspector entering premises may-
(a) inspect the premises, and any plant, machinery or equipment;
(b) inspect or examine any animal or thing;
(c) take samples;
(d) seize and destroy any thing that may spread the swine vesicular virus;
(e) detain or isolate any animal or thing;
(f) mark for identification purposes any animal or thing;
(g) carry out any inquiries, examinations and tests;
(h) have access to, and inspect and copy any documents or records (in whatever form they are held) relating to this Order, and remove them to enable them to be copied;
(i) inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with records; and
(j) require the cleansing and disinfection of any part of the premises or any thing.
Pigs living in the wild
27. In relation to pigs living in the wild a veterinary inspector, and an inspector or other officer of the Scottish Ministers acting under the instruction of a veterinary inspector, may enter any premises and-
(a) undertake surveillance for such pigs;
(b) capture them;
(c) take samples from them;
(d) kill them if the veterinary inspector is satisfied that-
(i) it is not possible to take samples from them without killing them; or
(ii) they are spreading, or may spread, swine vesicular disease directly or indirectly to other pigs.
Notices relating to movement
28. -• If an animal has been moved in contravention of any provision of this Order or any licence, notice or declaration under this Order, a veterinary inspector may serve a notice-
(a) detaining that animal on any premises, together with any other animals on the premises; or
(b) requiring the keeper to move the animal from any premises to other premises specified in the notice.
(2) If an animal has been moved to any premises under a licence, a veterinary inspector may serve a notice on the occupier of the premises imposing such movement restrictions relating to animals on the premises as the inspector considers are necessary to reduce or prevent the risk of spread of swine vesicular disease.
Closing rights of way in a protection zone
29. -• With the prior written consent of the Scottish Ministers, an inspector may close any right of way (including a public footpath) in a protection zone by displaying[, appropriately,] a notice to that effect.
(1) Only-
(a) [any] [the] occupier of the land that the right of way runs over, or any person authorised by the occupier; or
(b) a person entering under the authority of a licence granted by an inspector,
may use that right of way.
(2) No person may remove or alter a notice displayed under this article except at the instruction of an inspector.
(3) The closure continues until-
(a) a declaration of a protection zone is revoked; or
(b) all relevant notices are removed under the instruction of an inspector.
Powers of inspectors in case of default
30. If any person fails to comply with a requirement in or under this Order, an inspector may take such steps at the expense of that person as the inspector considers necessary to ensure the requirement is met.
Obstruction
31. No person may-
(a) intentionally obstruct any person acting in the execution of this Order;
(b) without reasonable cause, fail to give to any person acting in the execution of this Order any assistance or information that that person may reasonably require under this Order;
(c) furnish to any person acting in the execution of this Order any information knowing it to be false or misleading; or
(d) fail to produce a record when required to do so to any person acting in the execution of this Order.
Offences by bodies corporate
32. -• Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of-
(a) an officer of the body corporate; or
(b) any person who was purporting to act in such capacity,
that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of members in connection with their functions of management as if they were directors of the body.
(3) "Officer", in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
(4) "Body corporate" includes a partnership in Scotland and, in relation to such a partnership, a reference to an officer of a body corporate is a reference to a partner.
Enforcement
33. -• This Order is enforced by the local authority.
(1) The Scottish Ministers may direct, in relation to cases of a particular description or to particular cases, that they will enforce this Order instead.
Exceptional circumstances
34. The Scottish Ministers may for the purpose of ensuring the health or welfare of any animal-
(a) license a person to carry out any action that is otherwise prohibited under this Order; or
(b) exempt a person, by notice, from any requirement under this Order.
Revocations and consequential amendment
35. -(1) The following Orders are, [so far as they apply in Scotland,] revoked-
(a) the Swine Vesicular Disease Order 1972( 8);
(b) the Swine Vesicular Disease (Compensation) Order 1972( 9); and
(c) the Swine Vesicular Disease (Amendment) Order 1973( 10).
(2) In Schedule 1 to the Products of Animal Origin (Disease Control) (Scotland) Order 2008( 11), for paragraph 5 substitute-
" 5. `The Swine Vesicular Disease (Scotland) Order 2009."
A member of the Scottish Executive
St Andrew's House,
Edinburgh
2009
SCHEDULE 1
Articles 11(3) and (6), 13(5), 14(2), (5) and (6)
Measures on premises
PART 1
Measures on premises where swine vesicular disease is suspected
Records
1. -• The occupier must record-
(a) the categories of pigs on the premises;
(b) the number of pigs in each of those categories;
(c) the number of pigs in each of those categories that are already dead;
(d) the number of pigs in each of those categories that-
(i) show clinical signs of swine vesicular disease; or
(ii) are likely to be infected or contaminated with it.
(2) The occupier must-
(a) update this record on a daily basis; and
(b) record details of every pig born on the premises.
(3) The occupier must keep the records for at least 2 years.
Housing or isolation of pigs
2. The occupier must ensure that all pigs on the premises are-
(a) kept in their buildings or, if they are in a field, kept isolated so far as practicable from wild pigs; or
(b) confined or isolated as directed by a veterinary inspector.
Disinfection
3. The occupier must-
(a) provide and maintain means of disinfection at the entrances to, and exits from, the premises and all buildings on those premises housing pigs; and
(b) comply with any directions from a veterinary inspector concerning such means of disinfection.
Restriction on movement of pigs
4. No person may move any pig or other animal to or from the premises except under the authority of a licence issued by a veterinary inspector.
Restriction on movement of vehicles
5. No person may move any vehicle to or from the premises, except under the authority of a licence issued by a veterinary inspector or an officer of the Scottish Ministers.
Restriction on removal of anything liable to transmit swine vesicular disease
6. No person may remove from the premises any thing (including meat, carcases, and animal feed) liable to transmit swine vesicular disease, except under the authority of a licence issued by a veterinary inspector or an officer of the Scottish Ministers.
Restriction on persons entering and leaving the premises
7. No person may enter or leave the premises, unless-
(a) it is necessary to do so for the provision of emergency services; or
(b) that person is authorised to do so by a licence issued by a veterinary inspector or an officer of the Scottish Ministers.
PART 2
Cleansing, disinfection and re-stocking
Cleansing and disinfection by the occupier
8. -• An occupier wishing to re-stock premises before the Scottish Ministers are satisfied that the swine vesicular disease virus has decayed naturally must cleanse and disinfect those premises in accordance with a written statement from a veterinary inspector setting out what must be done.
(1) In particular the statement may require that-
(a) all manure, bedding and contaminated food are removed from the buildings, stacked and sprayed with disinfectant;
(b) slurry is treated by a method suitable for inactivating the virus;
(c) grease and other dirt is removed from all surfaces by soaking with a degreasing agent and the surfaces are then washed with water under pressure;
(d) all surfaces are again sprayed with disinfectant;
(e) damaged floors and walls are repaired;
(f) surfaces are treated using a flame gun.
Restocking premises
9. -• Restocking must not begin until 28 days after completion of the cleansing and disinfection of the premises to the satisfaction of a veterinary inspector.
(1) Restocking must start with the introduction of a limited number of sentinel pigs which have been tested at the expense of the occupier and found to be negative for the presence of antibodies against swine vesicular disease virus.
(2) The sentinel pigs must be placed, in accordance with the directions of a veterinary inspector, throughout the premises and must be examined 28 days after having been placed on the premises, and sampled for serological testing.
(3) If none of the pigs shows clinical evidence of swine vesicular disease or has developed antibodies against the swine vesicular disease, the veterinary inspector must remove all restrictions from the premises relating to swine vesicular disease.
(4) In the case of indoor premises, as an alternative to the above, a veterinary inspector may licence full restocking without the introduction of sentinel pigs, but the pigs introduced to the premises-
(a) must be introduced over a period of 8 consecutive days;
(b) come from premises outside a protection zone or surveillance zone; and
(c) be tested at the expense of [the licence holder] within 14 days before introduction and prove seronegative.
(5) Where a pig is, or pigs are, introduced under paragraph (5)-
(a) a veterinary inspector must clinically examine the pig or pigs no earlier than 28 days after the pig is introduced;
(b) a veterinary inspector must sample and carry out a serological test on a statistically valid number of pigs, at the earliest 28 days after the arrival of the last pig introduced; and
(c) no pig may leave the premises for a period of 60 days after the arrival of the pig, or last pig if more than one, at the premises.
SCHEDULE 2 Article 18(4)
Measures in a protection zone
Movement of pigs through the protection zone
10. No person may move pigs through the zone unless they do so without stopping.
Movement of pigs on to premises in the protection zone
11. No person may move pigs on to premises in the zone unless licensed by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.
Movement of pigs off premises in the protection zone
12. -• No person may move pigs off premises in the zone unless licensed by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.
(1) A licence may be granted at any time if-
(a) problems (whether welfare problems or otherwise) have arisen in keeping the pigs;
(b) at least 30 days have elapsed since the protection zone was declared;
(c) the move is direct to other premises located within the protection zone; and
(d) a veterinary surgeon has inspected of all the pigs on the premises, and examined all the pigs to be moved, with negative results within the 48 hours preceding the movement.
(2) Otherwise a licence may only be granted if 21 days have elapsed since the last premises in the zone infected with swine vesicular disease were cleansed and disinfected by the Scottish Ministers and the move is-
(a) direct to a slaughterhouse designated for the purpose by the Scottish Ministers where they are kept and slaughtered separately from other pigs, provided that-
(i) a veterinary surgeon has inspected all the pigs on the premises, and examined the pigs to be moved to slaughter within the 48 hours preceding the movement; and
(ii) the pigs are transported in a sealed vehicle; or
(b) direct to other premises located within the protection zone, provided that a veterinary surgeon has inspected all the pigs on the premises, and examined the pigs to be moved, with negative results.
Cleansing vehicles
13. -• Vehicles and equipment used within the protection zone to transport-
(a) pigs; or
(b) other livestock or material which may be contaminated with swine vesicular disease virus,
to any premises may not leave the premises without having been cleansed and disinfected [in such a way as to minimise the risk of spread of the swine vesicular disease virus] [in accordance with this paragraph].
(2) In the case of any vehicle, the person in charge of the vehicle must-
(a) cleanse and disinfect the wheels, wheel arches and mud flaps; and
(b) ensure that the exterior is free from visible contamination.
(3) In the case of a livestock vehicle, and subject to sub-paragraph (4), the person in charge of the vehicle must cleanse and disinfect the vehicle in accordance with the 2005 Regulations.
(4) Where the premises do not have facilities suitable for cleansing and disinfection must be in accordance with the 2005 Regulations, the person in charge of the vehicle must move the vehicle directly to other premises in the protection zone-
(a) where there are no pigs; and
(b) that have suitable facilities,
and cleanse and disinfect the vehicle at the other premises in accordance with the 2005 Regulations.
(5) In this paragraph, "the 2005 Regulations" means the Transport of Animals (Cleansing and Disinfection (Scotland) Regulations 2005( 12).
SCHEDULE 3 Article 18(4)
Measures in a surveillance zone
Movement of pigs
14. -• No person may move pigs off premises in a surveillance zone unless licensed by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.
(1) A licence may be granted if-
(a) a veterinary surgeon has inspected all pigs on the premises within the 48 hours preceding the movement;
(b) a veterinary surgeon has carried out a clinical examination of the pigs to be moved with negative results in the 48 hours preceding the movement;
(c) a serological examination of a statistical sample of the pigs to be moved has been carried out at the owner's expense without the detection of antibodies to swine vesicular disease within the 14 days preceding the movement; and
(d) vehicles and equipment used for the transport of the pigs are cleansed and disinfected after each transport operation.
(2) In addition, a licence may be granted for movement-
(a) to a slaughterhouse in the surveillance zone designated for the purpose by the Scottish Ministers where they are kept and slaughtered separately from other pigs;
(b) to other premises in the surveillance zone provided that no pigs have moved into the premises of origin in the previous 21 days.
Cleansing vehicles
15. Vehicles and equipment used within the surveillance zone to transport-
(a) pigs, or
(b) other livestock or material which may be contaminated with the swine vesicular disease virus,
may not leave the surveillance zone without having been cleansed and disinfected in such a way as to minimise the risk of spread of the swine vesicular disease virus.
(2) In the case of a livestock vehicle the cleansing and disinfection must be in accordance with paragraph 4(2) and (3) of Schedule 2.
(3) This paragraph does not apply in relation to vehicles travelling through the surveillance zone without stopping.
EXPLANATORY NOTE
(This note is not part of the Order)
This Order transposes in part for Scotland the provisions of Council Directive 92/119/EEC introducing general Community measures for the control of certain animal diseases and specific measures for the control of certain animal diseases and specific measures relating to swine vesicular disease ( OJ No. L62, 15.3.1993, p.69) ("the 1992 Directive"), in so far as the 1992 Directive provides for controls for swine vesicular disease.
The 1992 Directive was amended by Commission Directive 2007/10/EC amending Annex II to the 1992 Directive as regards measures to be taken with a protection zone following an outbreak of swine vesicular disease (O.J. L 63, 1.3.2007, p.24) ("the 2007 Directive").
The 1992 Directive, and in particular the amendments made to that Directive by the 2007 Directive, is also transposed by the Products of Animal Origin (Disease Control) (Scotland) Order 2008 (S.S.I. 2008/158) ("the 2008 Order").
This Order and the 2008 Order are made under powers in the Animal Health Act 1981. The definition of 'disease' in section 88(1) of that Act was extended to include swine vesicular disease for all the purposes of that Act by article 3(2) of the 2008 Order.
Part 1 of the Order contains definitions and makes other provisions of an introductory and administrative nature.
Part 2 and Schedule 1 deal with premises where swine vesicular disease is suspected or confirmed, or which have been exposed to the virus.
Part 3 and Schedules 2 and 3 make provision for the establishment of protection and surveillance zones following the confirmation of swine vesicular disease on any premises.
Part 4 prohibits vaccination except in those circumstances which are set out.
Part 5 contains provisions relating to inspection and enforcement. Enforcement is by the local authority, or by the Scottish Ministers where they direct to that effect.
Failure to comply with the Order is an offence under section 73 of the Animal Health Act 1981.
[Add Regulatory Impact Assessment reference].
« Previous | Contents | Next »