Article 3 Amendment of the Diseases of Swine Regulations 2014

(1)

The Diseases of Swine Regulations 2014 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

in the definition of “carcase”, after ““carcase”” insert “, other than in England,”;

(ii)

in the definition of “infected premises”, after “regulation 10” insert “or regulation 10A”;

(iii)

after the definition of “keeper” insert—

““licensing officer” means—

(a)

a veterinary inspector; or

(b)

an inspector or officer of the Secretary of State acting under the instructions of a veterinary inspector;”;

(iv)

in the definition of “local authority”, omit paragraph (a)(ii)(aa);

(v)

after the definition of “premises”, insert—

““Restricted Zone” means a restricted zone 1, a restricted zone 2 or a restricted zone 3;

“restricted zone 1” means a restricted zone 1 declared under regulation 27A;

“restricted zone 2” means a restricted zone 2 declared under regulation 27A;

“restricted zone 3” means a restricted zone 3 declared under regulation 27A;”;

(b)

after paragraph (3), insert—

“(4)

Paragraphs (2)(b) and (3) do not apply in relation to England.”.

(3)

After regulation 2, insert—

“Further interpretation provision: England

2A

(1)

In these Regulations, as they apply in relation to England—

“animal” means any invertebrate or vertebrate animal except man;

“animal by-products” means—

(a)

entire bodies or parts of bodies of animals;

(b)

products of animal origin; or

(c)

other products obtained from animals,

which are not intended for human consumption, but excluding semen, oocytes and embryos intended for artificial reproduction;

“approved animal by-products plant” means a plant for the processing or disposal of animal by-products approved in accordance with Article 24 of Regulation (EC) 1069/2009;

“carcase” means the body of a dead animal or any part of a body of a dead animal other than a sample taken from such a body;

“controlled zone” means—

(a)

a protection zone declared by the Secretary of State,

(b)

a surveillance zone declared by the Secretary of State, or

(c)

a Restricted Zone;

“emergency vaccination zone” means an emergency vaccination zone declared under regulation 29;

“estimated earliest date of infection”, in relation to infected premises, means the date a veterinary inspector estimates as the date of earliest infection at the premises;

“feral pig control zone” means a feral pig control zone declared under regulation 21;

“feral pig investigation zone” means a feral pig investigation zone declared under regulation 20;

“fresh meat” means meat that has not undergone any preserving process other than chilling, freezing or quick-freezing and includes meat that is vacuum wrapped or wrapped in a controlled atmosphere;

“germinal products” means semen, oocytes and embryos obtained from pigs intended for artificial reproduction;

“meat” means any part of a carcase intended for human consumption, and includes products resulting from—

(a)

the processing of any part of such a carcase; and

(b)

the further processing such a processed product;

“meat products” means—

(a)

processed products, including treated stomachs, bladders, intestines, resulting from the processing of meat, or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat;

(b)

rendered animal fat;

(c)

meat extracts; or

(d)

blood products;

“pig products” means—

(a)

products of animal origin obtained from pigs;

(b)

animal by-products obtained from pigs; or

(c)

germinal products;

“products of animal origin” means products obtained from animals for human consumption;

“Products of Animal Origin Regulations” means the Products of Animal Origin (Disease Control) (England) Regulations 2008;

“protection zone” means a protection zone declared under regulation 23;

“Regulation (EC) 1069/2009” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation)^f1;

“relevant controlled zone” means—

(a)

a protection zone declared by the Secretary of State;

(b)

a surveillance zone declared by the Secretary of State;

(c)

a restricted zone 2; or

(d)

a restricted zone 3;

“surveillance zone” means a surveillance zone declared under regulation 23;

“temporary control zone” means a temporary control zone declared under regulation 9;

“unregulated period of infection”, in relation to infected premises, means the period—

(a)

beginning with the day that is 15 days before the estimated earliest date of infection; and

(b)

ending with the day on which infection is confirmed at the premises.

(2)

A controlled zone is an infected area for the purposes of the Animal Health Act 1981 (see section 17 of that Act).” .

(4)

In regulation 9 (temporary control zone)—

(a)

after paragraph (1), insert—

“(1A)

The Secretary of State may also declare a temporary control zone in England if premises in Wales or in Scotland are designated as suspect premises.”;

(b)

in paragraph (5), after “zone”, in the first place it occurs, insert “(other than a zone declared by the Secretary of State)”;

(c)

after paragraph (5), insert—

“(5A)

A temporary control zone declared by the Secretary of State that is subsequently incorporated into any of the following zones ceases to exist as a temporary control zone—

(a)

a protection zone declared by the Secretary of State;

(b)

a surveillance zone declared by the Secretary of State;

(c)

a restricted zone 3.”.

(5)

In regulation 10 (designating premises as infected premises when the presence of disease is confirmed)—

(a)

in the heading, after “premises”, in the first place it occurs, insert “(other than premises in England)”;

(b)

in paragraph (1), in the words after sub-paragraph (c), after “premises”, in the first place it occurs, insert “(other than premises in England)”.

(6)

After regulation 10, insert—

“Designating premises in England as infected premises where the presence of disease is confirmed

10A

(1)

Where the Chief Veterinary Officer confirms, as a result of—

(a)

any tests carried out under these Regulations;

(b)

clinical signs in any pig or carcase; or

(c)

epidemiological connections,

that disease has been present on premises in England at any time during the 56 days preceding that confirmation, an inspector may serve a notice on the occupier designating those premises as infected premises.

(2)

Where the Chief Veterinary Officer confirms, as a result of—

(a)

any tests carried out under these Regulations;

(b)

clinical signs in any pig or carcase; or

(c)

epidemiological connections,

that disease is present on premises in England, an inspector must serve a notice on the occupier designating those premises as infected premises.

(3)

Where a notice is served on the occupier under paragraph (1) or (2), Schedules 1 and 1A apply together with any additional measures that a veterinary inspector considers necessary in order to reduce the risk of the spread of disease.

(4)

This regulation does not apply where disease is confirmed in a slaughterhouse or feral pigs.”.

(7)

In regulation 12 (conservation and related measures), after paragraph (2) insert—

“(2A)

Where the Secretary of State decides under paragraph (1) not to kill a pig, the Secretary of State—

(a)

must, without delay, carry out preliminary cleansing and disinfection in accordance with Schedule 4A; and

(b)

may impose any additional measures the Secretary of State considers necessary to prevent the spread of disease.”.

(8)

In regulation 13 (disposal of carcases and preliminary cleansing and disinfection)—

(a)

in paragraph (4), after “authority” insert “, other than the Secretary of State,”;

(b)

after paragraph (4), insert—

“(5)

Following such a disposal, the Secretary of State must, without delay, carry out preliminary cleansing and disinfection in accordance with Schedule 4A.”.

(9)

In regulation 14 (notice requiring secondary cleansing and disinfection), in paragraph (2) after “virus” insert “and, in England, in accordance with Schedule 4A.”.

(10)

In regulation 15 (use of approved disinfectants)—

(a)

the existing text becomes sub-paragraph (1);

(b)

after that sub-paragraph insert—

“(2)

This regulation is subject to regulation 15A.”.

(11)

After regulation 15, insert—

“Use of approved disinfectants: alternative arrangements in England

15A

(1)

This regulation applies where disinfection is carried out under these Regulations in England.

(2)

Where the manufacturer’s instructions for a disinfectant falling within regulation 15(a) are not available, the disinfectant must instead be used in accordance with a veterinary inspector’s instructions.

(3)

Where no disinfectant falling within regulation 15(1)(a) is available, a veterinary inspector may, if the veterinary inspector considers it necessary, license the use of another disinfectant.

(4)

Where a veterinary inspector licenses the use of disinfectant under paragraph (3), the disinfectant must be used in accordance with—

(a)

the manufacturer’s instructions (including as to the dilution rate); or

(b)

if different, the instructions given by a veterinary inspector.”.

(12)

After regulation 17 insert—

“Revocation of a regulation 10A notice

17A

(1)

Subject to the following provisions of this regulation, a notice under regulation 10A must not be revoked until a veterinary inspector is satisfied that sufficient time has elapsed for the virus of disease to have decayed naturally to the extent that the virus will no longer pose a risk of infecting a pig with disease.

(2)

A veterinary inspector, or an inspector acting under the direction of a veterinary inspector, may revoke such a notice of designation in relation to the whole or part of the premises if—

(a)

any required secondary cleansing and disinfection has been certified as satisfactorily completed in accordance with regulation 14(4); and

(b)

subject to paragraphs (3) and (4), the premises have been tested for the existence of disease using sentinel pigs with negative results in accordance with regulation 18.

(3)

In the case of African swine fever where the occurrence of disease has not been linked to vectors or classical swine fever, a veterinary inspector may, by way of derogation from paragraph (2)(b), revoke the notice if—

(a)

more than six months has elapsed from the completion of the cleansing and disinfection; and

(b)

the veterinary inspector is of the opinion there is no further risk of the spread of disease.

(4)

In the case of African swine fever where the occurrence of disease has been linked to vectors, the notice must not be revoked until—

(a)

all sentinel restocking has been carried out in accordance with regulation 18; and

(b)

monitoring for the resurgence of disease has taken place for at least 60 days since the day on which the last sentinel pig arrived on the premises.

(5)

Where a notice of designation is revoked, the measures in Schedules 1 and 1A, together with any additional measures imposed, cease to apply.”.

(13)

In regulation 18 (restocking and testing with sentinel pigs on infected or contact premises)—

(a)

in paragraph (3), after “introduced” insert “to premises (other than premises in England)”;

(b)

after paragraph (3) insert—

“(3A)

The sentinel pigs may only be introduced to premises in England in accordance with a licence granted by a veterinary inspector and not before—

(a)

at least 15 days have elapsed since the day on which the secondary cleansing and disinfection was certified as satisfactorily completed in accordance with regulation 14(4); or

(b)

where secondary cleansing and disinfection cannot be carried out—

(i)

at least 90 days have elapsed since the day on which preliminary cleansing and disinfection was completed; and

(ii)

a risk assessment has been carried out.”;

(c)

after paragraph (4), insert—

“(4A)

Where the sentinel pigs are to be introduced to premises in England, the testing carried out for the purposes of paragraph (4)(b) must be such testing as a veterinary inspector considers necessary in accordance with the relevant Diagnostic Manual.”;

(d)

in paragraph (5), after “the premises” insert “(other than premises in England)”;

(e)

after paragraph (5) insert—

“(5A)

Where the premises are in England, a veterinary inspector must—

(a)

at least 15 but no more than 30 days after the last sentinel pig arrived at the premises, visit those premises; and

(b)

during that visit, clinically examine the sentinel pigs and take a statistically valid number of samples for such testing for disease as the veterinary inspector considers necessary in accordance with the relevant Diagnostic Manual.”;

(f)

in paragraph (6), after “premises” insert “(other than premises in England)”;

(g)

after paragraph (6), insert—

“(6A)

A person must not allow a sentinel pig to leave premises in England unless—

(a)

the results of the tests taken in accordance with paragraph (5A)(b) are such that a veterinary inspector is satisfied that disease is not present in the sentinel pigs introduced to the premises and has not been present in the sentinel pigs during the time on which they have been on the premises; and

(b)

the movement from the premises is licensed by a licensing officer.”;

(h)

in paragraph (7)—

(i)

in sub-paragraph (a), at the end insert “on premises other than premises in England;”;

(ii)

after sub-paragraph (a), insert—

“(aa)

paragraphs (3A), (4), (4A), (5A) and (6A) apply in relation to the introduction of an unlimited number of sentinel pigs on premises in England;”;

(iii)

in sub-paragraph (c), after “premises” insert “, other than premises in England,”;

(i)

in paragraph (10), after “restocking” insert “of premises, other than premises in England,”;

(j)

after paragraph (10), insert—

“(10A)

Where restocking of premises in England has taken place in accordance with paragraph (8) or (9), a person must not allow a sentinel pig to leave the premises after full repopulation unless—

(a)

the sentinel pigs have been monitored for a period of at least 60 days beginning with the day on which the last sentinel pig arrived at the premises;

(b)

after the end of that period, a statistically valid number of samples for such testing for disease as a veterinary inspector considers necessary in accordance with the relevant Diagnostic Manual have been taken by the veterinary inspector at the occupier’s expense; and

(c)

the results of those tests are such that a veterinary inspector is satisfied that disease is not present in the sentinel pigs and has not been present in the sentinel pigs during the time on which they have been on the premises.

(10B)

The restocking of premises in England with sentinel pigs must—

(a)

subject to sub-paragraph (c), involve all parts of the premises where pigs are kept;

(b)

be carried out at the same time or within a period of 15 days beginning with the day on which the first sentinel pig arrives at the premises, unless otherwise authorised in writing by a veterinary inspector;

(c)

where restocking all parts of the premises is impracticable, be in such locations and with such number of sentinel pigs as are authorised in writing by a veterinary inspector.”.

(14)

In regulation 20 (measures on suspicion of disease in feral pigs), after paragraph (3) insert—

“(4)

The Secretary of State may also, following suspicion of disease in Wales or Scotland, declare a feral pig investigation zone in England and apply some or all of the Schedule 2 measures.”.

(15)

After regulation 20, insert—

“Removal of feral pig investigation zones in England

20A

(1)

The Secretary of State must keep in place a feral pig investigation zone until—

(a)

a feral pig control zone is declared by the Secretary of State covering all or part of the area covered by the feral pig investigation zone;

(b)

a restricted zone 2 is declared covering all or part of the area covered by the feral pig investigation zone; or

(c)

the presence of disease has been negated.

(2)

Where sub-paragraph (a), (b) or (c) of paragraph (1) applies, the Secretary of State must revoke the zone.”.

(16)

In regulation 21 (measures on confirmation of disease in feral pigs), after paragraph (2) insert—

“(2A)

The Secretary of State may also, following confirmation that disease is present in a feral pig in Wales or Scotland, declare a feral pig control zone in England and apply some or all of the Schedule 2 measures.”.

(17)

After regulation 21, insert—

“Removal of feral pig control zones in England

21A

(1)

The Secretary of State must keep in place a feral pig control zone until—

(a)

a restricted zone 2 is declared covering all or part of the area covered by the feral pig control zone; or

(b)

the Secretary of State considers, on the basis of a risk assessment, it is appropriate for the zone to be removed.

(2)

Where sub-paragraph (a) or (b) of paragraph (1) applies, the Secretary of State must revoke the zone.”.

(18)

In regulation 22 (emergency vaccination of feral pigs against classical swine fever)—

(a)

in the heading, after “pigs” insert “(other than feral pigs in England)”;

(b)

in paragraph (1), after “pig” insert “(other than a feral pig in England)”.

(19)

After regulation 22, insert—

“Emergency vaccination of feral pigs in England against classical swine fever and African swine fever

22A

(1)

Where the Chief Veterinary Officer concludes that classical swine fever or African swine fever is present in a feral pig in England, and the epidemiological data available indicates there is a risk of the spread of that disease, the Secretary of State may—

(a)

introduce emergency vaccination of feral pigs in a specified area; and

(b)

impose such conditions and restrictions in the specified area as the Secretary of State considers are necessary in order to improve the effectiveness of the vaccination campaign.

(2)

An occupier must comply with any conditions or restrictions imposed under paragraph (1)(b).”.

(20)

In regulation 23 (protection and surveillance zones)—

(a)

after paragraph (2) insert—

“(2A)

Where African swine fever has been confirmed on premises in England, the Secretary of State—

(a)

must declare a protection zone and a surveillance zone around the premises unless a restricted zone 3 is already in place, or is declared, over the premises;

(b)

where a restricted zone 3 is already in place, or is declared, over the premises, may declare a protection zone and a surveillance zone around the premises.”;

(b)

after paragraph (6), insert—

“(6A)

Paragraph (6) does not apply in relation to zones declared by the Secretary of State.”;

(c)

in paragraph (7), after “zone” insert “other than a protection zone declared by the Secretary of State”;

(d)

in paragraph (8), after “zone” insert “other than a protection zone declared by the Secretary of State”;

(e)

in paragraph (9), after “zone” insert “other than a protection zone declared by the Secretary of State”;

(f)

after paragraph (9), insert—

“(9A)

The measures in Schedules 3A and Parts 4 and 5 of Schedule 4A, in so far as they relate to protection zones and surveillance zones declared by the Secretary of State, apply in relation to those zones.”;

(g)

after paragraph (10), insert—

“(11)

This regulation is subject to regulation 27D (area controls following confirmation of swine vesicular disease in pigs in England).”.

(21)

After regulation 24, insert—

“Additional measures etc. applicable in England

24A

The Secretary of State may apply, in England, any other measure the Secretary of State considers necessary to reduce the spread of disease in respect of the whole or any part of any zone declared by the Secretary of State under these Regulations.”.

(22)

In regulation 25 (removal of protection and surveillance zones)—

(a)

in the heading, after “zones” insert “other than zones in England”;

(b)

after paragraph (3), insert—

“(4)

This regulation does not apply to the Secretary of State.”.

(23)

After regulation 25, insert—

“Removal of protection zones and surveillance zones in England

25A

(1)

The Secretary of State must keep in place a protection zone until—

(a)

all of the requirements set out in paragraph (2) have been complied with; or

(b)

a restricted zone 3 is declared covering all or part of the area covered by the protection zone.

(2)

The requirements are that—

(a)

all pigs from infected premises in the zone have been killed in accordance with regulation 11, unless regulation 12 applies;

(b)

all carcases of the pigs killed have been disposed of in accordance with regulation 13(1) to (3);

(c)

at least 15 days have elapsed since the day on which preliminary cleansing and disinfection of infected premises in the zone in accordance with regulation 13(5) was completed;

(d)

veterinary inspectors have visited premises in the zone on which pigs are kept in accordance with regulation 27E(1)(b)(ii); and

(e)

where the presence of vectors is suspected on infected premises in the zone where African swine fever has been confirmed—

(i)

an inspector has checked any building on those premises that has housed pigs and the surrounding environment in accordance with regulation 16(1); and

(ii)

vector specimens obtained (if any) have been tested in accordance with regulation 16(2).

(3)

Where a protection zone ceases, the area which formed that protection zone becomes part of the surveillance zone centred on the same part of the premises as that protection zone.

(4)

The Secretary of State must keep in place a surveillance zone until the requirements set out in paragraph (2)(a), (b) (d) and (e) are met and—

(a)

if classical swine fever has been confirmed on premises in the zone, at least 30 days have elapsed since the day on which preliminary cleansing and disinfection of infected premises in the zone in accordance with regulation 13(5) was completed;

(b)

if African swine fever has been confirmed on premises in the zone—

(i)

at least 30 days have elapsed since the day on which preliminary cleansing and disinfection of infected premises in the zone in accordance with regulation 13(5) was completed; or

(ii)

a restricted zone 3 is declared covering all or part of the area covered by the surveillance zone;

(c)

if swine vesicular disease has been confirmed, at least 28 days have elapsed since the day on which preliminary cleansing and disinfection of infected premises in the zone in accordance with regulation 13(5) was completed.”.

(24)

In regulation 27 (publicity of declared zones), in paragraph (1)(a) after “any”, in the second place it occurs, insert “Restricted Zone,”.

(25)

After Part 6, insert—

“Part 6A

Area controls in England following confirmation of African swine fever in pigs in Great Britain

Restricted Zones

27A

(1)

Where the Chief Veterinary Officer has confirmed the presence of African swine fever of a kind mentioned in paragraph (2)(a) or (b) in any part of Great Britain, the Secretary of State may, if the Secretary of State considers it necessary to prevent the spread of African swine fever, declare—

(a)

a restricted zone 2 in England, in the case of presence of a kind mentioned in paragraph (2)(a);

(b)

a restricted zone 3 in England, in the case of a presence of a kind mentioned in paragraph (2)(b).

(2)

The kinds of presence of African swine fever are—

(a)

presence in two or more feral pigs;

(b)

presence in domestic pigs on two or more premises.

(3)

The Secretary of State may also declare—

(a)

a restricted zone 2 in England, where African swine fever is present in a feral pig in Wales or Scotland;

(b)

a restricted zone 3 in England, where African swine fever is present on infected premises in Wales or Scotland.

(4)

The Secretary of State must declare a restricted zone 1 in England around each restricted zone 2 and restricted zone 3 that is declared.

(5)

Where a Restricted Zone is declared, the appropriate measures in Schedules 3A and Parts 4 and 5 of Schedule 4A apply in relation to that zone.

Determination of size of Restricted Zones

27B

To determine the size of a Restricted Zone, the Secretary of State must take into account the following—

(a)

the disease profile;

(b)

the geographical situation of—

(i)

the infected premises;

(ii)

the infected feral pigs;

(c)

ecological and hydrological factors;

(d)

the meteorological conditions;

(e)

the presence, distribution and type of vectors (if any);

(f)

the results of any epidemiological enquiry, any other studies carried out and any epidemiological data;

(g)

the results of laboratory tests;

(h)

other relevant epidemiological factors.

Removal of Restricted Zones

27C

(1)

The Secretary of State must keep in place a restricted zone 2 until—

(a)

veterinary inspectors have visited premises in the zone in accordance with regulation 27E(1)(b)(ii); and

(b)

the Secretary of State, following a risk assessment, considers it is appropriate for the zone to be revoked.

(2)

The Secretary of State must keep in place a restricted zone 3 until—

(a)

all domestic pigs from infected premises in the zone have been killed in accordance with regulation 11, unless regulation 12 applies;

(b)

all carcases of the pigs killed have been disposed of in accordance with regulation 13(1) to (3);

(c)

preliminary cleansing and disinfection of infected premises in the zone has been carried out in accordance with regulation 13(5);

(d)

veterinary inspectors have visited premises in the zone in accordance with regulation 27E(1)(b)(ii); and

(e)

the Secretary of State, following a risk assessment, considers it is appropriate for the zone to be revoked.

(3)

The Secretary of State must keep in place a restricted zone 1 until the restricted zone 2 or restricted zone 3 it surrounds has been revoked.

Part 6B

Area controls following confirmation of swine vesicular disease in pigs in England

Area controls following confirmation of swine vesicular disease in pigs in England

27D

Following confirmation that swine vesicular disease is present in a pig in England, the Secretary of State may, following a risk assessment, decide—

(a)

not to declare any zone under these Regulations;

(b)

to declare a protection zone only or a surveillance zone only;

(c)

to declare a protection zone or a surveillance zone smaller in size than required by regulation 23(4);

(d)

to declare a protection zone or a surveillance zone shorter in duration than required by regulation 25A;

(e)

to disapply some or all of the measures in any or all of the following—

(i)

Schedule 1A;

(ii)

Schedule 3A;

(iii)

Schedule 4A.

Part 6C

Inspections and related requirements in controlled zones

Inspections and related requirements in controlled zones

27E

(1)

The Secretary of State must ensure that, within controlled zones—

(a)

premises on which pigs are kept are identified; and

(b)

as far as reasonably practicable, veterinary inspectors visit the identified premises at least once to carry out the requirements set out in paragraph (2).

(2)

The requirements are—

(a)

inspection of any documents or records, in whatever form they are held, relating to—

(i)

production;

(ii)

health;

(iii)

traceability analysis; and

(iv)

any other matter as the veterinary inspector may require;

(b)

verification that the following measures under Schedule 3A have been implemented on the premises—

(i)

the record keeping requirements set out in Part 1;

(ii)

the biosecurity requirements set out in Part 2;

(c)

inspection, and as necessary, clinical examination of the pigs kept on the identified premises; and

(d)

collection and testing of such samples as the Chief Veterinary Officer considers necessary.

(3)

The Secretary of State may require veterinary inspectors to return to premises visited under this regulation where there are matters outstanding from a previous visit.

(4)

The Secretary of State must keep a record of all visits carried out under this regulation and activities related to them.

Part 6D

Tracing of pigs and pig products from areas subsequently declared to be controlled zones

Meaning of “controlled zone tracing period”

27F

In this Part “controlled zone tracing period”, in relation to premises in an area which is subsequently declared to be a controlled zone, means the period—

(a)

beginning with the day that is 15 days before the estimated earliest date of infection; and

(b)

ending with the day on which the controlled zone was declared.

Tracing of pigs kept on premises during an unregulated period of infection and related pig products

27G

(1)

Where pigs were kept on infected premises in England during an unregulated period of infection for those premises, the Secretary of State must, subject to paragraph (3), trace those pigs and any pig products obtained from them.

(2)

Tracing under paragraph (1) must be—

(a)

for pigs, tracing to the premises where the pigs are located or were slaughtered;

(b)

for pig products, tracing to such premises as the Chief Veterinary Officer considers necessary to prevent the spread of disease.

(3)

Tracing under this regulation is not required where the Secretary of State considers it impracticable.

Tracing of pigs kept on premises during a controlled zone tracing period and related pig products

27H

(1)

Where pigs were kept on premises in an area subsequently declared to be a controlled zone during the controlled zone tracing period for that area, the Secretary of State may trace those pigs or any pig products obtained from them.

(2)

Tracing under paragraph (1) must be tracing to such premises as the Chief Veterinary Officer considers necessary to prevent the spread of disease.

Disposal of pig products that have been traced in England

27I

The Secretary of State must—

(a)

dispose of any pig products in England which have been traced in accordance with this Part; or

(b)

require their disposal by notice given to the person in possession of the pig products.

Part 6E

General restrictions on movement of pigs and pig products in England

General restriction on movement of feral pigs in England

27J

A person must not move feral pigs in England except under the authority of a licence granted by a licensing officer.

General restriction on the movement of domestic pigs and pig products in England to prevent the spread of African swine fever

27K

The Secretary of State may, on the basis of a risk assessment, prohibit the movement of any or all of the following in England if the Secretary of State considers it necessary to prevent the spread of African swine fever—

(a)

domestic pigs;

(b)

pig products;

(c)

any thing liable to transmit African swine fever.”.

(26)

In regulation 28 (prohibition on vaccination except in certain cases)—

(a)

in paragraph (1), after “pig” insert “(other than a domestic pig in England)”;

(b)

after paragraph (1) insert—

“(1A)

A person must not vaccinate a domestic pig in England against disease other than in accordance with this Part or under the authority of a licence granted by a licensing officer.”.

(27)

In regulation 29 (declaration of an emergency vaccination zone following confirmation of classical swine fever)—

(a)

in the heading, after “classical swine fever” insert “or African swine fever”;

(b)

in paragraph (1), after “classical swine fever” insert “, or, in England, classical swine fever or African swine fever,”;

(c)

in paragraph (7), for “paragraph (8)” substitute “paragraph (7B) or (8)”;

(d)

after paragraph (7A), insert—

“(7B)

Where the vaccine used is a marker vaccine, the Secretary of State may reduce the vaccination period for a zone declared by the Secretary of State.”;

(e)

in paragraph (10), after “zone” insert “(other than a zone declared by the Secretary of State)”;

(f)

after paragraph (10), insert—

“(10A)

A person must not move a pig from premises in an emergency vaccination zone declared by the Secretary of State unless in accordance with a licence granted by a licensing officer.”.

(28)

In regulation 30 (pigs vaccinated against classical swine fever)—

(a)

in the heading, after “classical swine fever” insert “or African swine fever”;

(b)

in paragraph (1), after “classical swine fever” insert “or, in England, classical swine fever or African swine fever”;

(c)

in paragraph (2), after “veterinary inspector”, in the first place it occurs, insert “or, in the case of a pig vaccinated in England, a licensing officer”.

(29)

In regulation 31 (compulsory vaccination and controls for pigs vaccinated against swine vesicular disease)—

(a)

in paragraph (6), after “zone” insert “(other than a zone declared by the Secretary of State)”;

(b)

after paragraph (6), insert—

“(6A)

A person must not move a pig from premises in an emergency vaccination zone declared by the Secretary of State unless in accordance with a licence granted by a licensing officer.”;

(c)

in paragraph (9)(b), after “inspector” insert “or, if the premises on which it was vaccinated are in England, a licensing inspector”.

(30)

After Part 7, insert—

“Part 7A

Designation of premises etc. in England

Designation of premises and approved animal by-products plants in England

31A

(1)

The Secretary of State may designate—

(a)

premises in England to be used for the purpose of—

(i)

collecting, processing or storing germinal products;

(ii)

livestock markets;

(b)

approved animal by-products plants in England.

(2)

Designation of premises and plants under this Part may—

(a)

be made subject to such conditions as the Secretary of State considers necessary to prevent the spread of disease;

(b)

be amended, suspended or revoked in writing at any time.

(3)

The occupier or the premises or plant (as the case may be) must comply with any conditions included in a designation under this regulation.

Part 7B

Cleansing and disinfection of premises etc. in England

Cleansing and disinfection of premises etc. in England

31B

A person required by or under these Regulations to cleanse and disinfect any premises, or any thing, in England must do so in accordance with Schedule 4A.”.

(31)

In regulation 33 (licences)—

(a)

in paragraph (4), after “premises”, in the first place it occurs, insert “(other than premises in England)”;

(b)

after paragraph (4), insert—

“(4A)

If any pig or thing has been moved to premises in England under a licence, an inspector may serve a notice on the occupier of the premises of destination imposing such measures on those premises as a veterinary inspector deems necessary to prevent the risk of spreading disease.”.

(32)

In regulation 39 (offences and penalties)—

(a)

in paragraph (1), after “fail” insert “, otherwise than in England,”;

(b)

after paragraph (1), insert—

“(1A)

It is an offence against the Animal Health Act 1981 to fail, in England, to comply with—

(a)

regulation 3(3)(a) or (b) (obligations on change in occupation);

(b)

regulation 5(1) or (2) (requirement to notify the appropriate authority of suspect pig or carcase of a pig);

(c)

regulation 6(3) or (5) (requirements on occupier to comply with initial measures);

(d)

regulation 9(3) (movement of a pig in a temporary control zone);

(e)

regulation 14(2) (secondary cleansing and disinfection);

(f)

regulation 15 (use of approved disinfectants);

(g)

regulation 15A(2) or (4) (requirement to comply with veterinary inspector’s instructions as to use of approved or licensed disinfectant);

(h)

regulation 18(2), (3A), (4), (4A), (6A), (8), (10A) or (10B) (restocking and testing with sentinel pigs on infected or contact premises);

(i)

regulation 19(5)(a) or (b) (obligations on operator of slaughterhouse);

(j)

regulation 21(3) (placing feral pig meat on the market without a negative test for disease);

(k)

regulation 22A(2) (failure to comply with any measure specified following vaccination of feral pigs in England);

(l)

regulation 24(2) (movement restriction in a declared zone);

(m)

regulation 27J (general restriction in England on movement of feral pigs);

(n)

regulation 28(1A) or (2) (prohibition on vaccination);

(o)

regulation 29(10A), (12) or (13) (requirements arising from emergency vaccination);

(p)

regulation 30(2) or (3) (requirements relating to pigs vaccinated against classical swine fever or African swine fever);

(q)

regulation 31(5), (6A), (8) or (9)(b) (requirements relating to pigs vaccinated against swine vesicular disease);

(r)

regulation 31A(3) (conditions attached to designation of premises or plants);

(s)

regulation 32(11) (requirement to comply with notice);

(t)

regulation 33(5) (requirement to comply with conditions of a licence);

(u)

regulation 38 (obstruction);

(v)

Schedule 1 (measures on suspect, contact and infected premises);

(w)

Schedule 1A (restriction of movement of pig products obtained from pigs kept on premises in England later designated as infected premises);

(x)

Schedule 2 (measures in a feral pig investigation or feral pig control zone);

(y)

paragraph 1, 2, 4, 5, 6, 7, 8, 9, 11, 18, 20, 22, 25, 27, 28, 30, 31, 32, 33, 34, 35(1)(b) or (2), 36, 37, 38, 39, 40, 41 or 45 of Schedule 3A (measures in controlled zones);

(z)

paragraph 1, 3, 5 or 6 of Schedule 4A (cleansing, disinfection and treatment in England).”;

(c)

in paragraph (2), after “an offence” insert “under paragraph (1) or (1A)”.

(33)

After regulation 40, insert—

“Disapplication of measures in England to those executing these Regulations

40A

Any requirement or prohibition under these Regulations restricting the movement of any person, or the use of any thing, in England does not apply to any of the following in their execution of the Regulations—

(a)

the Secretary of State;

(b)

a local authority;

(c)

the police;

(d)

a person authorised by the Secretary of State or the local authority to execute these Regulations.”.

(34)

In regulation 41 (enforcement)—

(a)

in paragraph (1), for “These” substitute “Subject to paragraphs (1A) and (2), these”;

(b)

after paragraph (1), insert—

“(1A)

These Regulations as they apply to slaughterhouses in England are enforced by the Food Standards Agency.”.

(35)

Omit regulation 44 (review of the Regulations in England).

(36)

In Schedule 1 (measures on suspect, contact or infected premises), in paragraph 1(3)(a) for “10(2)” substitute “, 10(2) or 10A(3)”.

(37)

After Schedule 1, insert Schedule 1A which is set out in Schedule 1 to this Order.

(38)

After Schedule 3, insert Schedule 3A which is set out in Schedule 2 to this Order.

(39)

After Schedule 4, insert Schedule 4A which is set out in Schedule 3 to this Order.

Annotations

Footnotes

f1: EUR 2009/1069, amended by S.I. 2019/588, S.I. 2020/1388 and S.I. 2025/82.