Explanatory note

(This note does not form part of the Regulations.)

These Regulations revoke and replace S.R. 2004 No. 525 which implemented Commission Decision 2004/665/EC (O.J. No. L303, 30.09.2004, p. 30) concerning a baseline study on the prevalence of Salmonella in laying flocks of Gallus gallus. They correct errors in the interpretation and offences provisions and make other minor drafting changes.

Commission Decision 2004/665/EC requires Member States to carry out a survey for salmonella prevalence in laying flocks in accordance with certain technical specifications referred to in Article 5 of the Commission Decision. The text of the technical specifications can be found at

http://europa.eu.int/comm/food/food/biosafety/salmonella/tech_spec_sanco-34-2004_rev-3_en.pdf

These Regulations –

(a)

designate the Department for the purpose of selecting premises for sampling and give inspectors the powers required for selecting premises for sampling (regulation 3);

(b)

provide powers for inspectors to enter premises for the purposes of the Commission Decision and for the purpose of enforcement of these Regulations (regulation 4);

(c)

provide powers for inspectors to make enquiries, examine and retain records, be accompanied by other persons, take equipment and vehicles on to the premises, and request information, documentation, co-operation and assistance, for the purpose of carrying out sampling under these Regulations and for the purpose of enforcement of these Regulations. Powers are provided for inspectors to take samples of faecal and environmental material (regulation 5);

(d)

make provision for notices issued under these Regulations to be delivered electronically (regulation 6);

(e)

prescribe offences and penalties (regulations 7 and 8); and

(f)

revoke and replace Salmonella in Laying Flocks (Survey Powers) Regulations (Northern Ireland) 2004 (S.R. 2004 No. 525) (regulation 9).