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76 provisions
27D Area controls following confirmation of swine vesicular disease in pigs in England
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.
27E Inspections and related requirements in controlled zones
(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.
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.
27G Tracing of pigs kept on premises during an unregulated period of infection and related pig products
(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.
27H Tracing of pigs kept on premises during a controlled zone tracing period and related pig products
(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.
27I Disposal of pig products that have been traced in England
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.
27K General restriction on the movement of domestic pigs and pig products in England to prevent the spread of African swine fever
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.
28 Prohibition on vaccination except in certain cases
(1) A person must not vaccinate a domestic pig (other than a domestic pig in England) against disease other than in accordance with this Part or under the authority of a licence granted by a veterinary inspector.
(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.
(2) A person must not vaccinate a feral pig against disease other than in accordance with regulation 22.
29 Declaration of an emergency vaccination zone following confirmation of classical swine fever or African swine fever
(1) This regulation applies where classical swine fever , or, in England, classical swine fever or African swine fever, has been confirmed and the appropriate authority is concerned that it threatens to spread to other areas.
(2) The appropriate authority may decide to declare an emergency vaccination zone after considering relevant criteria and risk factors, including—
(a) the rate at which outbreaks are confirmed;
(b) the density of pigs in the area;
(c) the likelihood of further outbreaks in the area for at least the next two months;
(d) the availability of resources to control disease.
(3) Premises which are partly inside and partly outside the outer boundary of an emergency vaccination zone must be deemed to be wholly inside that zone.
(4) If an emergency vaccination zone is declared, the appropriate authority must publish an emergency vaccination plan relating to the zone.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The declaration must include details of the responsibilities of the appropriate authority for organising the vaccination and subsequent monitoring to assess its effectiveness in preventing the spread of disease.
(7) Other than in the situation in paragraph (8) paragraph (7B) or (8), an emergency vaccination zone must remain in place for a period of at least 6 months after the completion of the vaccination operations within the zone (“the vaccination period”).
(7A) The appropriate authority may use a marker vaccine during the vaccination period only in accordance with any requirements in the emergency vaccination plan.
(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.
(8) The appropriate authority may reduce the vaccination period where all the vaccinated pigs within the declared zone have been slaughtered and cleansing and disinfection has been carried out at all infected premises.
(9) As far as reasonably practicable the appropriate authority must notify every keeper within the zone regarding the emergency vaccination requirements.
(10) A person must not move a pig from premises in an emergency vaccination zone (other than a zone declared by the Secretary of State) unless a licence is granted by a veterinary inspector to move it direct to a designated slaughterhouse.
(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.
(11) Before sending to a slaughterhouse a pig which is on premises in an emergency vaccination zone, the keeper of the pig must notify the operator of the slaughterhouse of the expected time of arrival of the pig.
(12) The operator of a slaughterhouse must ensure—
(a) that vaccinated pigs are kept and slaughtered separately from unvaccinated pigs; and
(b) that the carcases of vaccinated pigs are kept separate from the carcases of unvaccinated pigs at the slaughterhouse.
(13) During the vaccination period within an emergency vaccination zone, other than under a licence granted by a veterinary inspector, a person must not—
(a) move any pig from any premises;
(b) collect semen, embryos or ova from seropositive pigs; or
(c) use semen, embryos or ova collected from pigs during the 30 days prior to vaccination.
30 Pigs vaccinated against classical swine fever or African swine fever
(1) This regulation applies to pigs vaccinated against classical swine fever or, in England, classical swine fever or African swine fever.
(2) A keeper who has had a pig vaccinated in an emergency vaccination zone or under the authority of a licence granted by a veterinary inspector or, in the case of a pig vaccinated in England, a licensing officer must—
(a) ensure that it is identified in accordance with instructions from a veterinary inspector; and
(b) keep a record that it has been vaccinated.
(3) The keeper must only have a vaccinated pig slaughtered at a designated slaughterhouse.
(4) Following slaughter of a vaccinated pig the carcase must—
(a) be disposed of in accordance with the Animal By-Products (Enforcement) (England) Regulations 2013, the Animal By-Products (Enforcement) (Scotland) Regulations 2013 or the Animal By-Products (Enforcement) (Wales) Regulations 2014; or
(b) have a stamp applied and be treated under the Products of Animal Origin (Disease Control) (England) Regulations 2008, the Products of Animal Origin (Disease Control) (Scotland) Order 2008 or the Products of Animal Origin (Disease Control) (Wales) Regulations 2008.
(5) Where a marker vaccine has been used on a pig, the meat derived from that pig may be exempted by the appropriate authority from the requirement to be treated as restricted meat under the appropriate legislation listed in paragraph (4)(b).
31 Compulsory vaccination and controls for pigs vaccinated against swine vesicular disease
(1) This regulation applies where swine vesicular disease has been confirmed.
(2) Following confirmation of swine vesicular disease, the appropriate authority may declare an emergency vaccination zone in which every keeper inside the zone must ensure the vaccination of their pigs after considering relevant criteria and risk factors, including—
(a) the rate at which outbreaks are confirmed;
(b) the density of pigs in the area;
(c) the likelihood of further outbreaks in the area for at least the next two months; and
(d) the availability of resources to control disease.
(3) Premises which are partly inside and partly outside the outer boundary of an emergency vaccination zone must be deemed to be wholly inside that zone.
(4) As far as reasonably practicable the appropriate authority must notify every keeper within the zone regarding the emergency vaccination requirements.
(5) A person in possession or charge of a pig that has been vaccinated under this regulation must—
(a) ensure that the pig is identified in accordance with instructions from a veterinary inspector; and
(b) keep a record of the date when the pig was vaccinated.
(6) A person must not move a pig from premises in an emergency vaccination zone (other than a zone declared by the Secretary of State) unless a licence is granted by a veterinary inspector to move it direct to a designated slaughterhouse.
(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.
(7) Before sending a vaccinated pig to a slaughterhouse the person responsible for its movement must notify the operator of the slaughterhouse of the expected time of arrival of the pig.
(8) The operator of a slaughterhouse must ensure that—
(a) vaccinated pigs are kept and slaughtered separately from unvaccinated pigs; and
(b) carcases of vaccinated pigs are kept separate from carcases of unvaccinated pigs.
(9) In the case of a pig outside an emergency vaccination zone—
(a) a veterinary inspector may serve a notice on the keeper to require the vaccination of the pig on those premises in accordance with the conditions of that notice; and
(b) a person must not move the vaccinated pig from the premises on which it was vaccinated except to a designated slaughterhouse under a licence granted by a veterinary inspector or, if the premises on which it was vaccinated are in England, a licensing inspector.
31A Designation of premises and approved animal by-products plants in England
(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.
31B Cleansing and disinfection of premises etc. in England
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.
(1) Any notice served under these Regulations must be in writing and may be amended, suspended or revoked in writing at any time.
(2) A notice may be served on or given to a person by—
(a) personal delivery;
(b) leaving it at the person’s proper address; or
(c) sending it by post or by electronic means to the person’s proper address.
(3) In the case of a body corporate, a notice may be served on or given to an officer of that body.
(4) In the case of a partnership, a notice may be served on or given to a partner or a person having control or management of the partnership business.
(5) In the case of an unincorporated association, a notice may be served on or given to an officer of the association.
(6) For the purposes of this regulation and section 7 of the Interpretation Act 1978 (service of documents by post) to the extent that it applies, “proper address” means—
(a) in the case of a body corporate or an officer of that body—
(i) the registered or principal office of that body, or
(ii) the email address of the officer;
(b) in the case of a partnership or a partner or person having control or management of the partnership business—
(i) the principal office of the partnership, or
(ii) the email address of the partner or person having that control or management;
(c) in the case of an unincorporated association or an officer of the association—
(i) the office of the association, or
(ii) the email address of the officer;
(d) in any other case, a person’s last known address, which includes an email address.
(7) For the purposes of paragraph (6), the principal office of a body corporate registered outside the United Kingdom or of a partnership or Scottish partnership established outside the United Kingdom is its principal office in the United Kingdom.
(8) If the name or address of any occupier of premises on whom a notice is to be served or given under these Regulations cannot, after reasonable inquiry, be ascertained, the notice may be served by leaving it conspicuously affixed to a building or object on the premises.
(9) A notice may require any action that an inspector reasonably believes is necessary for controlling the spread of disease.
(10) A notice may specify that a person in receipt of it must immediately inform an inspector of its safe receipt.
(11) A person must comply with the terms of any notice served, given or displayed under these Regulations.
(12) In this regulation—
“body corporate” includes a limited liability partnership;
“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;
“officer”, in relation to a body corporate, means any director, manager, secretary or other similar officer of the body corporate;
“partnership” includes a Scottish partnership, but does not include a limited liability partnership.
(1) A licence granted under these Regulations 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.
(2) A person moving any pig or thing under the authority of a specific licence must—
(a) carry the licence or a copy of it at all times during the movement; and
(b) on demand by an inspector or other officer of the appropriate authority, produce the licence or a copy and allow a copy or extract to be taken.
(3) A person moving any pig or thing under the authority of a general licence must—
(a) at all times during the movement, carry a document containing details of—
(i) what is being transported, including the quantity;
(ii) the date of the movement;
(iii) the names of the persons responsible for the pig or thing being moved at the place of departure and the place of destination;
(iv) the addresses of the place of departure and the place of destination;
(b) on demand by an inspector or other officer of the appropriate authority, produce the document and allow a copy or extract to be taken; and
(c) keep the document for at least six months.
(4) If any pig or thing has been moved to premises (other than premises in England) under a licence, an inspector may serve a notice on the occupier of the premises of destination imposing such movement restrictions on those premises as the veterinary inspector deems necessary to prevent the risk of spreading disease.
(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.
(5) A person who has a licence to do anything under these Regulations must comply with any conditions of that licence.
(6) Where a licence is required or authorised under these Regulations to be granted by a veterinary inspector, it may also be granted by an inspector acting under the direction of a veterinary inspector.
(7) A licence granted under these Regulations in England, Scotland or Wales is valid in any other part of Great Britain so long as the licensed activity is authorised in that other part of Great Britain.
(1) An inspector may, on giving reasonable notice, and on producing a duly authenticated authorisation if required, enter any premises, vehicle, vessel or trailer (except if used wholly or mainly as a private dwelling) at any reasonable hour for the purpose of executing or enforcing these Regulations.
(2) The requirement to give notice does not apply where—
(a) the requirement has been waived by the occupier;
(b) reasonable efforts to identify the occupier have failed;
(c) reasonable efforts to agree an appointment have failed;
(d) an inspector has reasonable suspicion of a failure to comply with these Regulations; or
(e) the inspector has reasonable suspicion that disease is likely to spread to other premises if an immediate check is not carried out on the pigs at the premises.
(3) A justice of the peace, or in Scotland a stipendiary magistrate or a sheriff, may by signed warrant permit an inspector to enter any premises, vehicle, vessel or trailer, if necessary by reasonable force, if satisfied on sworn information in writing—
(a) that there are reasonable grounds to enter those premises for the purpose of executing or enforcing these Regulations; and
(b) that any of the conditions in paragraph (4) are met.
(4) The conditions are—
(a) entry to premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;
(b) asking for admission to premises, or giving such a notice, would defeat the object of the entry;
(c) entry is required urgently; or
(d) the premises are unoccupied or the occupier is temporarily absent.
(5) A warrant is valid for three months.
(6) An inspector entering premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.
(7) An inspector entering any premises, vehicle, vessel or trailer may—
(a) inspect any pig or thing there;
(b) take samples;
(c) seize and destroy any equipment or other thing that may spread disease;
(d) detain or isolate any pig, equipment or other thing that may spread disease;
(e) mark, tag or micro-chip for identification purposes any pig or thing;
(f) carry out any inquiries, examinations and tests;
(g) move any pig or vehicle, vessel or trailer carrying a pig or any other thing that may be contaminated with disease to a specified location;
(h) undertake surveillance for vectors and implement insect control measures;
(i) undertake surveillance for feral pigs;
(j) capture and detain a feral pig;
(k) in the case of classical swine fever, vaccinate a feral pig;
(l) take samples from a feral pig, or authorise another under supervision to take such samples;
(m) kill a feral pig (or authorise another person under the inspector’s supervision to kill a feral pig) if the Chief Veterinary Officer is satisfied that killing is necessary either for the control of disease or for surveillance purposes, and in particular if—
(i) it is not reasonably practicable to take samples from the feral pig without killing it;
(ii) it is not reasonably practicable to detain it pending the results of any testing or sampling; or
(iii) feral pigs are suspected by the Chief Veterinary Officer of—
(aa) spreading disease,
(bb) being likely to spread disease, or
(cc) being at risk of contracting disease;
(n) have access to, inspect and copy any documents or records (in whatever form they are held) appertaining to these Regulations, and remove them to enable them to be copied;
(o) inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with any documents or records;
(p) require by notice served on the occupier—
(i) any pig to be marked, tagged or micro-chipped for identification purposes;
(ii) any pig or thing (including a vehicle or trailer) to be moved from premises to other specified premises;
(iii) the undertaking of surveillance for the presence of vectors;
(iv) the implementation of such insect control measures as the inspector considers practical and necessary;
(v) a pig to be retained for use as a sentinel pig or a sentinel pig to be introduced onto those premises.
(8) Where an inspector has entered any premises, vehicle, vessel or trailer and it is not reasonably practicable to determine whether any documents or records found on those premises appertain to these Regulations, the inspector may seize them to ascertain whether or not they are relevant.
(9) The inspector may—
(a) take any necessary equipment or vehicle on to the premises;
(b) be accompanied by such other persons as the inspector considers necessary.
(10) Any power or obligation to take a sample and test it includes a power to—
(a) re-test any sample; and
(b) take further samples from pigs, carcases or from the environment for testing.
35 Notices following a contravention of movement controls
(1) If a pig has been moved to any premises in contravention of any provision of these Regulations or any licence or notice served under these Regulations, an inspector may serve a notice on the occupier of those premises requiring—
(a) that pig, or any other pig on the premises, to be detained on the premises; or
(b) any pig on the premises to be moved to other premises specified in the notice.
(2) If a pig has been moved to other premises under such a notice, an inspector may serve a notice on the occupier of those other premises imposing such movement restrictions relating to any pig on those premises as the inspector considers necessary to reduce the risk of spreading disease.
If any person fails to comply with a requirement in or under these Regulations, an inspector may take such steps as that inspector considers necessary, including seizure of things, to ensure the requirement is met at the expense of that person.
(1) The appropriate authority must pay compensation in accordance with this regulation for—
(a) any pig killed pursuant to regulations 7(5), 8(2) or 11;
(b) any thing likely to spread disease that is seized under these Regulations and not returned other than where such things are seized by an inspector acting under regulation 36.
(2) The amount of any compensation payable under paragraph (1)(a) is—
(a) one half of the value of the pig immediately before it became affected where the pig was affected with classical swine fever or African swine fever;
(b) the value of the pig immediately before it became affected where the pig was affected with swine vesicular disease (less any price received by the owner at slaughter);
(c) where the pig is not affected with disease, the value of the pig immediately before it was killed.
(3) The amount of any compensation payable under paragraph (1)(b) is the value of the thing seized at the time of its seizure;
(4) The value of the pig or thing seized (as the case may be) is—
(a) the amount determined in writing by the appropriate authority (“the appropriate authority’s valuation”); or
(b) where the determination of the value has been referred to an appointed valuer under paragraph (5), the amount determined in writing by that valuer.
(5) If, within 14 days after receiving the appropriate authority’s valuation, the owner of the pig killed or the thing seized (as the case may be) gives written notice to the appropriate authority disputing that valuation, with reasons, the appropriate authority must refer the determination of the value to an appointed valuer.
(6) The appointed valuer must be a person—
(a) appointed jointly by the owner and the appropriate authority for the purpose of conducting a valuation under this regulation; or
(b) failing agreement on such appointment within 10 days of receipt of the notice given under paragraph (5), appointed by the appropriate authority for that purpose.
(7) The determination of value by the appointed valuer is final and binding on the appropriate authority and the owner.
(8) Fees charged or expenses incurred by an appointed valuer for work done under this regulation must be paid—
(a) where the valuer’s determination is equal to or less than the appropriate authority’s valuation, by the owner;
(b) otherwise, by the appropriate authority.
(9) Action under this regulation to determine the value of any pig or other thing must not result in any delay in the killing of a pig for the purposes of controlling disease.
A person must not—
(a) intentionally obstruct or impede anyone acting in the execution or enforcement of these Regulations;
(b) without reasonable cause, proof of which lies on the person charged, fail to give to any person acting in the execution or enforcement of these Regulations any assistance or information that is reasonably required;
(c) provide to anyone acting in the execution or enforcement of these Regulations any information knowing it to be false or misleading or not believing it to be true; or
(d) fail to produce a record when required to do so by any person acting in the execution or enforcement of these Regulations.
(1) It is an offence to fail , otherwise than 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);
(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 19(5)(a) or (b) (obligations on operator of slaughterhouse);
(f) regulation 21(3) (placing feral pig meat on the market without a negative test for disease);
(g) regulation 22(2) (failure to comply with any measure specified following vaccination of feral pigs);
(h) regulation 24(2) (movement restriction in a declared zone);
(i) regulation 28(1) or (2) (prohibition on vaccination);
(j) regulation 29(10), (12) or (13) (requirements arising from emergency vaccination);
(k) regulation 30(2) or (3) (requirements relating to pigs vaccinated against classical swine fever);
(l) regulation 31(5), (6), (8) or (9)(b) (requirements relating to pigs vaccinated against swine vesicular disease);
(m) regulation 32 (11) (requirement to comply with notice);
(n) regulation 33(5) (requirement to comply with conditions of a licence);
(o) regulation 38 (obstruction);
(p) Schedule 1 (measures on suspect, contact and infected premises);
(q) Schedule 2 (measures in a feral pig investigation or control zone);
(r) paragraph 1, 5, 6, 7, 8 or 9 of Part 1 of Schedule 3 (measures in a protection zone);
(s) paragraph 10, 15, 16, 17, 18 or 19 of Part 2 of Schedule 3 (measures in a surveillance zone);
(t) Schedule 4 (cleansing and disinfection of vehicles).
(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).
(2) A person guilty of an offence under paragraph (1) or (1A) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding six months or both.
40 Offences by bodies corporate, partnerships and unincorporated associations
(1) Where a body corporate is guilty of an offence under these Regulations, 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) a director, manager, secretary or other similar officer of the body corporate, or
(b) a person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence.
(2) In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(3) Where a partnership or Scottish partnership is guilty of an offence under these Regulations, 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 partner, the partner, as well as the partnership or Scottish partnership, is guilty of the offence.
(4) In paragraph (3) “partner” includes a person purporting to act as a partner.
(5) Where an unincorporated association is guilty of an offence under these Regulations 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 an officer of the association, that officer, as well as the association, is guilty of the offence.
(6) In paragraph (5) “officer” in relation to an unincorporated association, means—
(a) an officer of the association or a member of its governing body, or
(b) a person purporting to act in such a capacity.
40A Disapplication of measures in England to those executing these Regulations
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.
(1) These Subject to paragraphs (1A) and (2), these Regulations are enforced by the relevant local authority.
(1A) These Regulations as they apply to slaughterhouses in England are enforced by the Food Standards Agency.
(2) The appropriate authority may direct, in relation to cases of a particular description or in relation to particular cases, that the appropriate authority will enforce these Regulations instead.
(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations in England.
(4) A constable may stop and search any vehicle that the constable reasonably believes to be carrying pigs and may check documents carried in the vehicle to ensure that pigs are not transported in contravention of these Regulations.
(5) Any vehicle suspected by the constable of carrying pigs in contravention of these Regulations may—
(a) be detained by the constable until an inspector arrives; or
(b) be ordered by the constable to be taken back to any place it came from.
A veterinary inspector may for the purpose of ensuring the health or welfare of any pig in exceptional circumstances—
(a) license a person to carry out any action that is otherwise prohibited under these Regulations; or
(b) exempt a person, by notice, from any requirement under these Regulations.
43 Miscellaneous revocations, disapplication and consequential amendments
(1) The instruments listed in Schedule 5 are revoked.
(2) Section 31(d) of, and paragraph 4 of Schedule 3 to, the Animal Health Act 1981 do not apply to the extent that they refer to hog cholera (otherwise known as classical swine fever).
(3) The Artificial Insemination of Pigs (England and Wales) Regulations 1964 are amended as follows—
(a) for regulation 7(2)(b) substitute—
(b) infected premises under the Diseases of Swine Regulations 2014;
, and
(b) in regulation 7(2)(c), for “or swine fever” substitute “or under the Diseases of Swine Regulations 2014”.
(4) The Artificial Insemination of Pigs (Scotland) Regulations 1964 are amended as follows—
(a) for regulation 8(2)(b) substitute—
(b) infected premises under the Diseases of Swine Regulations 2014;
, and
(b) in regulation 8(2)(c), for “or swine fever” substitute “or under the Diseases of Swine Regulations 2014”.
(5) The Products of Animal Origin (Disease Control) (England) Regulations 2008 are amended as follows—
(a) for regulation 3(8) (definition of restricted meat) substitute—
(8) Subject to paragraph (9), “restricted meat” is meat, including meat that has come into contact with meat—
(a) produced on or after the date that a protection zone or a surveillance zone is declared, or an earlier date where the Secretary of State specifies such a date for the purpose of disease control;
(b) from a restricted animal or restricted poultry that has come from an infected area, a protection zone or a surveillance zone; and
(c) from pigs that have been vaccinated to protect them from classical swine fever for 6 months (or any other specified period).
;
(b) in Schedule 1 (disease legislation) omit references to the Classical Swine Fever (England) Order 2003, the African Swine Fever (England) Order 2003 and the Swine Vesicular Disease Order 1972, and at paragraph 1 insert “The Diseases of Swine Regulations 2014”.
(6) The Products of Animal Origin (Disease Control) (Wales) Regulations 2008 are amended as follows—
(a) in the English text, for regulation 3(8) (restricted animal, restricted poultry and restricted meat: definitions) substitute—
(8) Subject to paragraph (9), “restricted meat” (“cig dan gyfyngiadau”) is meat, including meat that has come into contact with meat—
(a) produced on or after the date that a protection zone or a surveillance zone is declared, or an earlier date where the Welsh Ministers specify such a date for the purpose of disease control;
(b) from a restricted animal or restricted poultry that has come from an infected area, a protection zone or a surveillance zone; and
(c) from pigs that have been vaccinated to protect them from classical swine fever for 6 months (or any other specified period).
;
(b) in the English text of Schedule 1 (disease legislation) omit references to the Classical Swine Fever (Wales) Order 2003, the African Swine Fever (Wales) Order 2003 and the Swine Vesicular Disease Order 1972, and at paragraph 1 insert “The Diseases of Swine Regulations 2014”;
(c) in the Welsh text, for regulation 3(8) (anifail, dofednod a chig dan gyfyngiadau:diffiniadau) substitute—
(8) Yn ddarostyngedig i baragraff (9), “cig dan gyfyngiadau” (“restricted meat”) yw cig, sy’n cynnwys cig a ddaeth i gyffyrddiad â chig—
(a) a gynhyrchwyd ar neu ar ôl y dyddiad y datganwyd parth gwarchod neu barth goruchwylio, neu ddyddiad cynharach os bydd Gweinidogion Cymru yn pennu’r dyddiad hwnnw at ddibenion rheoli clefydau;
(b) sy’n dod o anifail dan gyfyngiadau neu ddofednod dan gyfyngiadau sy’n dod o ardal heintiedig, parth gwarchod neu barth goruchwylio; ac
(c) sy’n dod o foch sydd wedi eu brechu er mwyn eu hamddiffyn rhag clwy clasurol y moch am 6 mis (neu unrhyw gyfnod arall a bennwyd).
;
(d) in the Welsh text of Schedule 1 (deddfwriaeth clefydau) omit references to Gorchymyn Clwy Clasurol y Moch (Cymru) 2003, Gorchymyn Clwy Affricanaidd y Moch (Cymru) 2003 and Gorchymyn Clefyd Pothellog y Moch 1972, and in paragraph 1 insert “Rheoliadau Clefydau’r Moch 2014”.
(7) The Products of Animal Origin (Disease Control) (Scotland) Order 2008 is amended as follows—
(a) for article 4(9) (definition of restricted meat) substitute—
(9) Subject to paragraph (10), “restricted meat” is meat, including meat that has come into contact with meat—
(a) produced on or after the date that the protection zone or surveillance zone was declared, or an earlier date where the Scottish Ministers specify such a date for the purpose of disease control;
(b) from a restricted animal or restricted poultry that has come from an infected area, a protection zone or a surveillance zone; and
(c) from pigs that have been vaccinated to protect them from classical swine fever for 6 months (or any other specified period).
;
(b) in Schedule 1 (disease legislation) omit references to the African Swine Fever (Scotland) Order 2003, the Classical Swine Fever (Scotland) Order 2003 and the Swine Vesicular Disease (Scotland) Order 2009, and at paragraph 1 insert “The Diseases of Swine Regulations 2014”.
SCHEDULE 1 Measures on suspect, contact and infected premises
Regulation 7(2)
Records
1 (1) The occupier must keep a record of the number of pigs of each category of pig production on the premises.
(2) The occupier must take all reasonable steps to update the record to show the number of pigs that—
(a) are alive;
(b) have died since restrictions under these Regulations were imposed in relation to the premises;
(c) show clinical signs of illness; and
(d) have been born since restrictions under these Regulations were imposed in relation to the premises.
(3) The occupier must keep the record for at least six months after—
(a) the revocation of the notice served under regulation 7(2), 8(1) , 10(2) or 10A(3), or
(b) the premises cease to be within any zone declared under Part 6 (so far as the declaration applies to the premises),
whichever is the later.
Confinement or isolation of pigs
2 The occupier must ensure that pigs are confined or isolated as directed by a veterinary inspector.
Restriction on movement of pigs
3 A person must not move any pig or carcase on or off the premises except under the authority of a licence granted by a veterinary inspector.
Restriction on removal of any equipment, animal or thing liable to transmit disease
4 A person must not remove from the premises any equipment, animal or any other thing (including genetic material) that may spread disease except under the authority of a licence granted by a veterinary inspector.
Restrictions on spreading pig manure and slurry
5 A person must not spread pig manure or slurry except under the authority of a licence granted by a veterinary inspector.
Cleansing, disinfection and other biosecurity measures
6 The occupier must—
(a) provide and maintain means of cleansing and 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 an inspector concerning such means of cleansing and disinfection and the imposition of other biosecurity measures (including rodent and vector control).
Restriction on movement of vehicles and persons
7 (1) A person must not—
(a) enter or leave the premises, or
(b) move any vehicle to or from the premises,
except under the authority of a licence granted by a veterinary inspector.
(2) All persons entering or leaving the premises must observe appropriate biosecurity measures that may include cleansing and disinfecting footwear, outer clothing, exposed skin and any possessions they have on them.
(3) Sub-paragraph (1) does not apply to any movement necessary for the provision of emergency services.
Schedule 1A Restriction of movement of pig products from premises that are later designated as infected premises under regulation 10A
Regulation 10A(3)
Restriction of movement of pig products from premises that are later designated as infected premises under regulation 10A
1 (1) A person must not, except in accordance with a licence granted under sub-paragraph (2), move from premises in England any pig products that have been—
(a) moved from other premises that, after that move, are designated under regulation 10A as infected premises by a designation which has been notified to that person; or
(b) been obtained from pigs that have been moved from other premises that, after that move, are designated under regulation 10A as infected premises by a designation which has been notified to that person.
(2) A licensing officer may licence the movement of such pig products for the purposes of immediate disposal.
Exceptions
2 Paragraph 1 does not apply to pig products that—
(a) have been—
(i) produced at least 15 days before the estimated earliest date of infection for the infected premises; and
(ii) obtained, cut, transported and stored separately from pig products produced after that date;
(b) have undergone treatment in accordance with Schedule 2 to the Products of Animal Origin Regulations; or
(c) have been moved from the establishment at which the meat from which they were obtained was first processed.
SCHEDULE 2 Measures in a feral pig investigation or control zone
Regulation 20(3)
Requirement to report a carcase of a feral pig found on premises
1 An occupier must—
(a) report to the appropriate authority as soon as possible the location of any carcase of a feral pig (including where it has been shot by hunters) found on the premises; and
(b) not move such carcase other than under a licence granted by a veterinary inspector.
Requirements on occupier of premises containing domestic pigs
2 Following confirmation of classical swine fever or African swine fever in a feral pig occupiers of premises containing domestic pigs must ensure that—
(a) all pigs on premises are kept in a place on the premises where they are isolated from feral pigs;
(b) no person moves a pig on or off premises except under a licence granted by a veterinary inspector;
(c) appropriate means of cleansing and disinfection are undertaken;
(d) all persons entering or leaving the premises must observe appropriate biosecurity measures that include cleansing and disinfecting footwear, outer clothing, exposed skin and any possessions they have on them; and
(e) vector control is carried out in accordance with any instructions from a veterinary inspector.
3 Following confirmation of swine vesicular disease in a feral pig, the occupier may be required by a veterinary inspector to comply with one or more of the requirements specified in paragraph 2.
Movement of genetic material
4 Following confirmation of classical swine fever or African swine fever in a feral pig, a person must not move pig semen, ova or embryos off the premises unless licensed to do so by a veterinary inspector.
Killing of feral pigs
5 A person must not kill a feral pig unless licensed to do so by a veterinary inspector.
Feeding of feral pigs
6 A person must not feed any feral pig other than in accordance with a licence granted by a veterinary inspector.
Regulation 23(7) and (8)
PART 1 Measures in a protection zone
Movement of pigs in a protection zone
1 A person must not move a pig in a protection zone unless—
(a) a licence is granted by a veterinary inspector to allow the pig to move from premises outside the protection zone direct to a slaughterhouse situated in the zone for immediate slaughter in accordance with paragraph 2;
(b) a licence is granted by a veterinary inspector to allow the movement of the pig between two premises within the zone, divided by a public road provided that the two premises would be contiguous except for the public road;
(c) the movement is allowed under paragraph 3; or
(d) the pig is transported and remains in a vehicle which must not enter any livestock premises within the zone.
2 A veterinary inspector may license the movement of a pig from outside the protection zone to a designated slaughterhouse inside the zone for immediate slaughter provided that—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the vehicle transporting the pig is thoroughly cleansed and disinfected at the slaughterhouse after the pig has been unloaded.
Movement of pigs off premises in a protection zone
3 A licence may be granted by a veterinary inspector after the expiry of the relevant period specified in the table to this paragraph to allow movement of a pig off premises in a protection zone if directly transported to—
(a) a designated slaughterhouse;
(b) a plant where the pig is immediately killed and the carcase is processed in accordance with the Animal By-Products (Enforcement) (England) Regulations 2013, the Animal By-Products (Enforcement) (Scotland) Regulations 2013 or the Animal By-Products (Enforcement) (Wales) Regulations 2014; or
(c) other premises located in the protection zone, under exceptional circumstances following the approval by the appropriate authority ....
Period that must elapse before movement of a pig off premises in a protection zone may be licensed
Period | African Swine Fever | Classical Swine Fever | Swine Vesicular Disease
At least x days have elapsed since completion of preliminary cleansing and disinfection of infected premises | x = 40 | x = 30 | x = 21
At least y days have elapsed since the zone has been in place and there are multiple infected premises | y = 40 | y = 30 | y = 30
Note: In accordance with the Diagnostic Manual, if the appropriate authority has applied an intensive sampling and testing programme making it possible to negate the presence of African swine fever on the premises, the ‘x’ and ‘y’ periods for that disease are reduced to 30 days.
4 A licence may only be granted under paragraph 3 where—
(a) a veterinary inspector has inspected the pigs on the premises and has individually examined each pig that is to be moved and found no clinical signs suggestive of disease;
(b) a sufficient number of samples are taken in accordance with the Diagnostic Manual from pigs which are to be slaughtered or killed, in order that the presence of disease in the batch of pigs can be determined; and
(c) the pigs to be moved are transported in a vehicle sealed by an inspector.
Movement of other animals and persons from premises on which pigs are kept
5 A person must not move any other animal that may carry disease on or off premises in the protection zone on which pigs are kept unless licensed by a veterinary inspector, and all persons entering or leaving such premises must observe appropriate biosecurity measures to reduce the risk of spread of disease.
Restriction on removal of any thing liable to transmit disease
6 A person must not move any thing liable to transmit disease, including a carcase, pig genetic material or animal feed, off premises on which pigs are kept within the protection zone except under the authority of a licence granted by a veterinary inspector.
Restrictions on the transporting and spreading of pig manure or slurry
7 A person must not transport manure or slurry, which contains waste material of swine origin, off premises in the protection zone other than under a licence granted by a veterinary inspector.
8 A person must not spread manure or slurry, which contains waste material of swine origin other than under a licence granted by a veterinary inspector.
Reporting of dead or diseased pigs
9 The keeper must report all dead or diseased pigs to the appropriate authority.
PART 2 Measures in a surveillance zone
Movement of pigs in a surveillance zone
10 A person must not move a pig through a surveillance zone unless—
(a) the pig is transported and remains in a vehicle which must not enter any livestock premises within the zone;
(b) a licence is granted by a veterinary inspector to allow the pig to move from premises outside the surveillance zone direct to a slaughterhouse within the zone for immediate slaughter in accordance with paragraph 11;
(c) a licence is granted by a veterinary inspector to allow the movement of the pig between premises, divided by a public road provided that the premises would be contiguous except for the public road; or
(d) the movement is licensed under paragraph 12 in the case of swine vesicular disease, or under paragraph 13 in the case of African swine fever and classical swine fever.
11 A veterinary inspector may license the movement of a pig from outside the surveillance zone to a designated slaughterhouse within the zone for immediate slaughter provided that the vehicle transporting the pig is thoroughly cleansed and disinfected at the slaughterhouse after the pig has been unloaded.
Movement of pigs off premises in a surveillance zone for swine vesicular disease
12 A licence may be granted by a veterinary inspector to allow the movement of pigs off premises in a surveillance zone to other premises within the zone declared for the control of swine vesicular disease, provided that no pig has moved on to the premises of origin in the previous 21 days, and where—
(a) a veterinary inspector has inspected the pigs on the premises of origin and has individually examined each pig that is to be moved and found no clinical signs suggestive of swine vesicular disease;
(b) a serological examination—
(i) of a statistical sample of the pigs to be moved has been carried out at the keeper’s expense without the detection of antibodies to the swine vesicular disease virus within the 14 days preceding the movement; or
(ii) in the case of pigs going for slaughter, may be carried out on the basis of blood samples taken at the designated slaughterhouse; and
(c) the pigs to be moved are transported in a vehicle sealed by an inspector.
Movement of pigs off premises in a surveillance zone for African swine fever and classical swine fever
13 A licence may be granted by a veterinary inspector to allow movement of a pig after the expiry of the relevant period specified in the table to this paragraph if the pig is transported directly—
(a) to a designated slaughterhouse;
(b) to a plant where the pig is immediately killed and the carcase is processed in accordance with the Animal By-Products (Enforcement) (England) Regulations 2013, the Animal By-Products (Enforcement) (Scotland) Regulations 2013 or the Animal By-Products (Enforcement) (Wales) Regulations 2014; or
(c) in exceptional circumstances, to other premises located in the zone.
Period that must elapse before movement of a pig off premises in a surveillance zone may be licensed
Period | African Swine Fever | Classical Swine Fever
At least x days have elapsed since completion of preliminary cleansing and disinfection of infected premises | x = 30 | x = 21
At least y days have elapsed since the zone has been in place and there are multiple infected premises | y = 40 | y = 30
Note: In accordance with the Diagnostic Manual, if the appropriate authority has applied an intensive sampling and testing programme making it possible to negate the presence of African swine fever on the premises, the “x” and “y” periods for that disease are reduced to 21 days and 30 days respectively.
14 A licence may only be granted under paragraph 13 where—
(a) a veterinary inspector has inspected the pigs on the premises of origin and individually examined each pig to be moved and found no clinical signs suggestive of African swine fever or classical swine fever;
(b) a sufficient number of samples are taken in accordance with the Diagnostic Manual from pigs which are to be slaughtered or killed, in order that the presence of disease in the batch of pigs can be determined; and
(c) the pigs to be moved are transported in a vehicle sealed by an inspector.
Movement of other animals and persons from premises on which pigs are kept
15 A person must not move any other animal which might carry disease on to or off premises in the surveillance zone on which pigs are kept unless—
(a) under a licence granted by a veterinary inspector; and
(b) all persons entering or leaving such premises where pigs are kept observe appropriate biosecurity measures to reduce the risk of spread of disease.
Restriction on removal of any thing liable to transmit disease
16 A person must not move any thing liable to transmit disease, including a carcase, pig genetic material or animal feed, off premises on which pigs are kept within the surveillance zone except under the authority of a licence granted by a veterinary inspector.
Restrictions on the transporting and spreading of pig manure or slurry
17 A person must not transport manure or slurry, which contains waste material of swine origin, off premises in the surveillance zone other than under a licence granted by a veterinary inspector.
18 A person must not spread manure or slurry, which contains waste material of swine origin, other than under a licence granted by a veterinary inspector.
Reporting of dead or diseased pigs
19 The keeper must report all dead or diseased pigs to the appropriate authority.
Schedule 3A Measures in respect of controlled zones
Regulations 23(9A), 27A(5), 27D(e), 27E(2)(b) and 39(1A)
Part 1 Record keeping
Record of pigs, pig products and related items kept in a controlled zone
1 (1) The occupier of any premises in a controlled zone on which pigs are kept must make records of—
(a) the number of live pigs;
(b) the number of pigs of each category of pig production on the premises;
(c) if the pigs are kept in different epidemiological categories, those categories and the number of pigs in each of them;
(d) the number of pigs that—
(i) have died;
(ii) are showing clinical signs of disease;
(iii) the occupier suspects are infected with disease;
(e) the number of live pigs that have been moved on or off the premises;
(f) the amount of pig products, fodder, feed, slurry, manure or litter that has been moved on or off the premises;
(g) any vehicles or equipment that have been moved on or off the premises;
(h) the amount of any other thing that a veterinary inspector has notified the occupier as capable of spreading disease and that has been moved on or off the premises;
(i) any veterinary medicinal product or non-medicinal alternative therapy administered.
(2) The records must include—
(a) in the case of movement onto the premises—
(i) the date of the movement;
(ii) the premises from which the movement originated (if known);
(iii) the name and address of the person from whom ownership or possession is being or has been transferred;
(b) in the case of movement off the premises—
(i) the date of the movement;
(ii) the premises of destination (if known);
(iii) the name and address of the person to whom ownership or possession is being or has been transferred.
(3) In this paragraph, “veterinary medicinal product” means—
(a) any substance or combination of substances presented as having properties treating or preventing disease in domestic animals; or
(b) any substance or combination of substances that may be used in, or administered to, domestic animals with a view either to restoring, correcting or modifying physiological functions by erecting a pharmacological, immunological or metabolic action, or to making a medical diagnosis; or
(c) any substance or combination of substances that may be used for the purpose of euthanising a domestic animal.
Record of visitors to premises in a controlled zone
2 The occupier of any premises in a controlled zone on which pigs are kept must make records of—
(a) the name and address of any person visiting the premises;
(b) the date and time of the visit;
(c) the reason for the visit;
(d) the areas of the premises visited;
(e) whether the visitor had any contact with pigs on the premises.
Exceptions to paragraph 2
3 Paragraph 2 does not apply in relation to—
(a) any person visiting a zoo, a wildlife park or (unless required by the Secretary of State) any other premises open to the public, provided the public has no access to any area where pigs are kept;
(b) any person visiting part of the premises where—
(i) no pigs are kept; or
(ii) no items which may be fed to or come into contact with pigs are kept;
(c) any person on a public right of way or exercising a right of access to the premises;
(d) trespassers;
(e) any person executing these Regulations.
How records are to be kept
4 The records required under this Part of this Schedule must—
(a) be made as soon as reasonably practicable and kept up to date; and
(b) be kept for at least 12 months after the day on which premises cease to be in a controlled zone.
Part 2 Biosecurity in controlled zones
Biosecurity measures
5 The occupier of any premises in a controlled zone on which pigs are kept must—
(a) keep pigs separated from feral pigs and any other wild animals;
(b) undertake surveillance on the premises to identify any spread of disease, including monitoring to establish if—
(i) there is any increased morbidity;
(ii) there is any increase in pig deaths;
(iii) there is any significant change in feed or water intake or other relevant information relating to the production of pigs on the premises;
(c) immediately notify the Secretary of State if there is any such increase or a significant reduction in feed or water intake;
(d) implement adequate vector and rodent control measures;
(e) establish disinfection points and use appropriate means of disinfection at entrances to and exits from the premises;
(f) apply appropriate biosecurity measures at the premises to—
(i) all persons in contact with pigs;
(ii) all persons and vehicles entering or leaving the premises;
(g) dispose of carcases or parts of carcases in accordance with Regulation (EC) 1069/2009.
Part 3 Released, escaped and straying pigs in controlled zones
Released, escaped and straying pigs in controlled zones
6 (1) A person must not release any pigs kept on premises in a controlled zone.
(2) A keeper must take all steps necessary to prevent any pigs from—
(a) escaping or straying from the premises on which they are kept;
(b) coming into contact with any stray or feral pigs.
(3) The occupier of any premises in a controlled zone who finds a stray pig on the premises must immediately—
(a) take all reasonably practicable steps to locate the owner of the pig and arrange for the pig's return; and
(b) report the finding of the pig to the Secretary of State.
Part 4 Transportation of pigs etc. in England under a licence or in accordance with paragraph 18 of this Schedule
Transportation of pigs in England under a licence
7 (1) A person must, when moving pigs in England under a licence granted under these Regulations, transport those pigs—
(a) without any animal of any other species in the same vehicle;
(b) where reasonably practicable, on a major highway or mainline railway;
(c) without stopping, except for rest breaks or where the stop is required by law for animal welfare;
(d) without loading or unloading the pigs after departing or before arriving at the premises of destination, unless licensed to do so by a licensing officer; and
(e) in compliance with paragraph 8(1) or (3) (or both) as the case may be.
(2) In this paragraph—
“mainline railway” has the meaning given by the Railways and Other Guided Transport Systems (Safety) Regulations 2006;
“major highway” means a motorway or an A road.
Requirements for vehicles used for transportation of pigs and pig products etc. under a licence or in accordance with paragraph 18 of this Schedule
8 (1) A person must, when moving pigs, pig products or any other thing in England—
(a) under a licence granted under this these Regulations; or
(b) through a protection zone or a surveillance zone in accordance with paragraph 18 of this Schedule,
use a vehicle which meets the requirements set out in sub-paragraph (2).
(2) The requirements are that the vehicle must—
(a) be constructed and maintained in such a way so as to prevent the pigs escaping and any leakage; and
(b) be cleansed and disinfected in accordance with Parts 1 and 5 of Schedule 4A.
(3) Where a person is moving pigs, pig products or any other thing from premises in a protection zone, the transportation vehicle must also be sealed by a licensing officer after the pigs have been loaded onto the vehicle.
Part 5 Movement of pigs and pig products within, into or out of controlled zones
General restriction on movement of pigs within, into or out of controlled zones
9 A person must not move a pig within, into, or out of a controlled zone unless the movement is in accordance with this Part of this Schedule.
Movement of pigs to a designated slaughterhouse
10 (1) A licensing officer may, following a risk assessment, license the movement of pigs kept on premises in a relevant controlled zone from those premises to a designated slaughterhouse (within or outside a controlled zone) if the requirements set out in sub-paragraph (2) are met.
(2) The requirements are that—
(a) a veterinary inspector has visited the premises of origin in accordance with regulation 27E(1)(b); and
(b) a veterinary inspector has, not more than 48 hours before the movement—
(i) inspected all pigs kept at the premises of origin;
(ii) clinically examined each pig being moved in accordance with the relevant Diagnostic Manual; and
(iii) where necessary, taken and tested, in accordance with the relevant Diagnostic Manual, a sufficient number of samples from each pig being moved to rule out the presence of disease.
(3) Where any pigs are being moved from premises in a restricted zone 2 or a restricted zone 3, the Secretary of State may decide that a clinical examination under sub-paragraph (2)(b)(ii) is not required.
(4) Where any pigs are being moved from premises in a protection zone to a designated slaughterhouse—
(a) the operator of the designated slaughterhouse must inform the Food Standards Agency before the pigs’ arrival;
(b) the Food Standards Agency must—
(i) confirm there are no signs of disease in the pigs before slaughter and at the post mortem examination;
(ii) ensure the operator of the slaughterhouse keeps the pigs separately from other animals;
(iii) ensure the operator of the slaughterhouse slaughters the pigs separately, or at a different time, from other animals;
(iv) ensure the operator of the slaughterhouse cleanses and disinfects the area where the pigs were kept and slaughtered, in accordance with Schedule 4A, before keeping and slaughtering other pigs or other animals in those areas;
(v) ensure fresh meat obtained from the pigs is—
(aa) marked in accordance with Schedule 3 to the Products of Animal Origin Regulations;
(bb) moved in sealed containers;
(cc) moved to processing premises for risk mitigating treatment in accordance with Schedule 2 to those Regulations.
Marking and treatment of meat obtained from pigs kept on premises in a protection zone, a surveillance zone or a restricted zone 3
11 (1) Where pigs are being moved from premises in a protection zone, a surveillance zone or a restricted zone 3 under a licence granted under this Part of this Schedule, any meat or meat products obtained from those pigs must—
(a) be treated in accordance with Schedule 2 to the Products of Animal Origin Regulations before being sold or consigned for sale to the final consumer; and
(b) be marked in accordance with Schedule 3 to the Products of Animal Origin Regulations.
(2) Where the meat or meat products obtained are to be retained in the domestic market, the Secretary of State may decide that treatment under sub-paragraph (1)(a) is not required.
Movement of pigs from premises in a restricted zone 1 to a slaughterhouse
12 (1) A licensing officer may, following a risk assessment, license the movement of pigs kept on premises in a restricted zone 1 from those premises to a slaughterhouse (whether within the zone or outside it) if the requirements set out in sub-paragraph (2) are met.
(2) The requirements are that—
(a) a veterinary inspector has visited the premises of origin in accordance with regulation 27E(1)(b); and
(b) a veterinary inspector has, not more than 48 hours before the movement—
(i) inspected all pigs on the premises of origin;
(ii) clinically examined each pig being moved in accordance with the relevant Diagnostic Manual; and
(iii) where necessary, taken and tested, in accordance with the relevant Diagnostic Manual, a sufficient number of samples from those pigs to be moved to rule out the presence of disease.
(3) The Secretary of State may decide that a clinical examination under sub-paragraph (2)(b)(ii) is not required.
Movement of pigs from premises outside a controlled zone
13 A licensing officer may, following a risk assessment, license the movement of pigs kept on premises outside a controlled zone from those premises to—
(a) a designated slaughterhouse in a controlled zone other than a restricted zone 1; or
(b) premises in a controlled zone.
Movement of pigs to an approved animal by-products plant
14 (1) A licensing officer may, following a risk assessment, license the movement of pigs kept on premises in a controlled zone from those premises to an approved animal by-products plant (within or outside a controlled zone) if the requirements set out in sub-paragraph (2) are met.
(2) The requirements are that—
(a) the pigs are slaughtered by the end of the working day on which they arrived;
(b) a veterinary inspector has visited the premises of origin in accordance with regulation 27E(1)(b); and
(c) a veterinary inspector has, not more than 48 hours before the movement—
(i) inspected all pigs on the premises of origin;
(ii) clinically examined each pig being moved in accordance with the relevant Diagnostic Manual; and
(iii) where necessary, taken and tested, in accordance with the relevant Diagnostic Manual, a sufficient number of samples from those pigs to be moved to rule out the presence of disease.
(3) Where pigs are being moved from premises in a Restricted Zone, the Secretary of State may decide that a clinical examination under sub-paragraph (2)(c)(ii) is not required.
Movement of pigs for the purpose of health or welfare
15 (1) A licensing officer may, following a risk assessment, license the movement of pigs within or out of one of the zones listed in sub-paragraph (2) if the requirements set out in sub-paragraph (3) are met.
(2) The zones are—
(a) a surveillance zone;
(b) a Restricted Zone.
(3) The requirements are that—
(a) the purpose of the movement is to ensure the health or welfare of the pigs;
(b) a veterinary inspector has, not more than 48 hours before the movement—
(i) inspected all pigs on the premises of origin;
(ii) clinically examined each pig being moved in accordance with the relevant Diagnostic Manual; and
(iii) where necessary, taken and tested, in accordance with the relevant Diagnostic Manual, a sufficient number of samples from those pigs to be moved to rule out the presence of disease;
(c) a veterinary inspector has visited the premises of origin in accordance with regulation 27E(1)(b);
(d) where the movement is from premises in a surveillance zone, at least 15 days have elapsed since preliminary cleansing and disinfection was completed on all infected premises in that zone in accordance with regulation 13(5);
(e) where the movement is from premises in a surveillance zone, a restricted zone 2 or a restricted zone 3—
(i) the pigs being moved have been kept on the premises of origin for at least 20 days; and
(ii) no other pig has been introduced at the premises of origin within that period, unless a licensing officer has confirmed that the pig in question has been kept in an epidemiologically separate unit; and
(f) where the movement is from premises in a surveillance zone or a restricted zone 3—
(i) the premises of destination are part of the premises of origin’s production cycle or supply chain; and
(ii) the movement is necessary to complete the production cycle before slaughter.
(4) Where pigs are being moved within or out of a Restricted Zone, the Secretary of State may decide that the inspection and clinical examination under sub-paragraph (3)(b)(i) and (ii) is not required.
Movement of pigs for the purpose of health or welfare in exceptional circumstances
16 (1) Subject to sub-paragraph (3), a licensing officer may, following a risk assessment, license the movement of pigs kept on premises in a controlled zone to any other premises if the requirements set out in sub-paragraph (2) are met.
(2) The requirements are that—
(a) the movement is necessary for ensuring the health or welfare of any pig in exceptional circumstances; and
(b) a veterinary inspector is satisfied that all reasonable steps will be taken to ensure the pigs will be kept on the premises of destination—
(i) in an empty unit; or
(ii) where an empty unit cannot be used, a unit that is epidemiologically separate from other pigs kept on those premises.
(3) Pigs kept on premises in a protection zone may only be moved within that zone or to the adjacent surveillance zone.
Movement of pigs to and from a veterinary surgery
17 Where a veterinary surgeon cannot visit pigs kept on premises in a controlled zone, a licensing officer may, following a risk assessment, license the movement of those pigs within, out of, or into a controlled zone to a veterinary surgery and to return to the premises of origin.
Movement of pigs through a protection zone or a surveillance zone
18 A person must not move any pigs through a protection zone or a surveillance zone unless—
(a) both the premises of origin and the premises of destination are outside that zone;
(b) the route that must be taken to move the pigs is through that zone; and
(c) the transport is in compliance with the requirements of paragraph 8(1) or (3) (or both), as the case may be.
Movement within a controlled zone to return stray pigs
19 A licensing officer may license the movement of stray pigs into, within and out of a controlled zone for the purposes of returning those stray pigs to their owner in accordance with paragraph 6(3)(a) of Part 3 of this Schedule.
Part 6 Movement of germinal products from premises in controlled zones
Movement of germinal products collected from pigs kept on premises in relevant controlled zones
20 Subject to paragraph 24, a person must not move any germinal products collected from pigs kept on premises in a relevant controlled zone—
(a) out of that zone; or
(b) where the zone is a protection zone or a surveillance zone, within that zone,
unless the movement is in accordance with a licence granted under paragraph 21 or 23.
Licensing of movement of germinal products collected from pigs kept on premises in controlled zones
21 (1) A licensing officer may license the movement of germinal products under paragraph 20(1) if the requirements set out in sub-paragraph (2) are met.
(2) The requirements are that—
(a) a veterinary inspector has visited the premises of origin in accordance with regulation 27E(1)(b); and
(b) a veterinary inspector has, not more than 48 hours before the germinal products were collected—
(i) inspected all the pigs on the premises of origin;
(ii) clinically examined each of the donor pigs in accordance with the relevant Diagnostic Manual; and
(iii) where necessary, taken and tested, in accordance with the relevant Diagnostic Manual, a sufficient number of samples from those pigs to be moved to rule out the presence of disease.
(3) Any germinal products being moved under a licence must be collected, stored and transported separately from other pig products that not eligible to be moved under these Regulations.
(4) Where germinal products are being moved from premises in a restricted zone 2 or a restricted zone 3, the Secretary of State may decide that a clinical examination in accordance with sub-paragraph 2(b)(ii) is not required.
Movement of germinal products collected from pigs kept on premises outside protection zones and surveillance zones
22 A person must not—
(a) move into a protection zone any germinal products collected from pigs kept on premises outside that protection zone and the adjacent surveillance zone; or
(b) move into a surveillance zone any germinal products collected from pigs kept on premises outside that surveillance zone,
unless that movement is in accordance with a licence granted under paragraph 21 or 23.
Movement of germinal products to an approved animal by-products plant
23 (1) A licensing officer may license the movement of germinal products collected from pigs kept on premises in a relevant controlled zone if the requirement set out in sub-paragraph (2) is met.
(2) The requirement is that the movement is to an approved animal by-products plant for disposal or processing in accordance with Regulation (EC) 1069/2009.
(3) Any germinal products being moved under a licence must be collected, stored and transported separately from other pig products that are not eligible to be moved under these Regulations.
Exemption to general restriction on movement of germinal products
24 Germinal products are exempt from the movement restriction in paragraph 20 if—
(a) they were produced on premises before the first day of the unregulated period of infection for those premises; and
(b) they were collected, transported and stored separately from any pig products produced during the unregulated period of infection for those premises.
Part 7 Movement of fresh meat and meat products obtained from pigs kept on premises in controlled zones
Movement of fresh meat and meat products obtained from pigs kept in certain controlled zones
25 (1) A person must not—
(a) move within or out of a protection zone or a surveillance zone fresh meat or meat products obtained from pigs kept on premises in either of those zones; or
(b) move out of a restricted zone 2 or a restricted zone 3 fresh meat or meat products obtained from pigs kept on premises in either of those zones,
except in accordance with a licence granted under this paragraph or paragraph 26 and, where applicable, sub-paragraph (4).
(2) A licensing officer may license the movement of a kind mentioned in sub-paragraph (1)(a) or (b) if the requirements set out in sub-paragraph (3) are met.
(3) The requirements are that—
(a) the fresh meat or meat products were obtained from pigs that were moved to a slaughterhouse and slaughtered in accordance with paragraphs 10, 12 and 13 of this Schedule;
(b) where the fresh meat or meat products were obtained from pigs kept on premises in a protection zone, a surveillance zone or a restricted zone 3, the movement is to—
(i) a cutting plant;
(ii) a cold store;
(iii) processing premises; and
(c) where the fresh meat or meat products were obtained from pigs kept on premises in a protection zone, the meat is or meat products are moved in sealed containers.
(4) Subject to sub-paragraphs (5) and (6), the fresh meat or meat products must be—
(a) marked in accordance with Schedule 3 to the Products of Animal Origin Regulations; and
(b) treated in accordance with Schedule 2 to the Products of Animal Origin Regulations before being supplied to the final consumer.
(5) Where fresh meat or meat products were obtained from pigs kept on premises in a restricted zone 2, the requirements set out in sub-paragraph (4) do not apply.
(6) Where fresh meat or meat products were obtained from pigs kept on premises in a restricted zone 3 and are for the domestic market only, the Secretary of State may, following a risk assessment, decide that treatment under sub-paragraph (4)(b) is not required.
(7) A person may not export any fresh meat or meat products which, as permitted by sub-paragraph (5) or a decision under sub-paragraph (6), have not been treated under sub-paragraph (4)(b).
Movement of fresh meat and meat products obtained from pigs to an approved animal by-products plant
26 Where fresh meat or meat products are obtained from pigs kept on premises in a controlled zone, a licensing officer may license their movement to an approved animal by-products plant if the meat or meat products are collected, stored and transported separately from other pig products that are not eligible to be moved under these Regulations.
Part 8 Movement of animal by-products obtained from pigs kept on premises in controlled zones
Movement of animal by-products obtained from pigs kept on premises in certain controlled zones
27 (1) Except in accordance with a licence granted under sub-paragraph (2), a person must not—
(a) move animal by-products within or out of a protection zone or a surveillance zone, if the animal by-products were obtained from pigs kept on premises in either of those zones;
(b) move animal by-products out of a restricted zone 2 or restricted zone 3, if the animal by-products were obtained from pigs kept on premises in either of those zones.
(2) A licensing officer may license the movement of a kind mentioned in sub-paragraph (1) if the requirements set out in sub-paragraph (3)(a), (b) or (c) are met.
(3) The requirements are that—
(a) the movement is to an approved animal by-products plant and—
(i) where the movement is within or out of a protection zone, the transportation vehicle is sealed, after the animal by-products are loaded, by a licensing officer or under a licensing officer’s supervision;
(ii) the animal by-products are collected, stored and transported separately from other pig products that are not eligible to be moved under these Regulations; and
(iii) the movement is for the purpose of disposal or processing in accordance with Regulation (EC) 1069/2009;
(b) the movement is of animal by-products obtained from pigs kept on premises in a restricted zone 2 or a restricted zone 3 to a temporary collection plant and—
(i) the animal by-products are collected, stored and transported separately from other pig products that are not eligible to be moved under these Regulations; and
(ii) the movement is for the purpose of disposal or processing in accordance with Regulation (EC) 1069/2009;
(c) the movement is a qualifying movement of manure, slurry containing material of swine origin, used bedding or used litter, and those animal by-products are collected, stored and transported separately from other pig products that are not eligible to be moved under these Regulations.
(4) In sub-paragraph (3)(c) a “qualifying movement” is a movement—
(a) from premises in a protection zone or a restricted zone 3 for disposal at landfill after processing in accordance with Regulation (EC) 1069/2009; or
(b) from premises in a surveillance zone or a restricted zone 2, either—
(i) without processing, to an authorised landfill located in one of those zones; or
(ii) after processing, to an authorised landfill.
(5) For the purposes of sub-paragraph (4), “an authorised landfill” means a landfill in England in relation to which a permit issued under the Environmental Permitting (England and Wales) Regulations 2016 subsists.
Spreading of manure obtained from pigs or slurry containing material of swine origin
28 A person must not spread—
(a) manure obtained from pigs kept on premises in a controlled zone; or
(b) slurry containing material of swine origin from pigs kept on premises in a controlled zone,
otherwise than under a licence granted by a licensing officer under this paragraph.
Movement of samples obtained from pigs etc. kept in relevant controlled zones
29 A licensing officer may license the movement of samples taken from pigs, or carcases of pigs, kept on premises in a relevant controlled zone into, within or out of the relevant controlled zone.
Part 9 Movement within controlled zones of things liable to transmit disease
Movement within controlled zones of things liable to transmit disease
30 (1) Except in accordance with a licence under sub-paragraph (2), a person must not move any thing liable to transmit disease (including fodder, equipment and affected clothing), from premises in a controlled zone on which pigs are kept to any other premises or place within that zone.
(2) A licensing officer may license a movement of a kind mentioned in sub-paragraph (1) if the requirement set out in sub-paragraph (3) is met.
(3) The requirement is that the thing being moved is collected, stored and transported separately from any other thing that is not eligible to be moved under these Regulations.
(4) For the purposes of this paragraph “affected clothing” means—
(a) clothing that has been in contact with—
(i) pigs or faeces, blood or other bodily fluids from a pig; or
(ii) equipment, feed or any other thing (not mentioned in sub-paragraph (i)) associated with the production of pigs; or
(b) clothing that has been in contact with clothing falling within paragraph (a).
(5) This paragraph does not apply to fresh meat or meat products obtained from pigs kept on premises in a controlled zone.
Part 10 Movement of non-susceptible animals from premises in controlled zones
Movement of a non-susceptible animal from premises in a controlled zone
31 (1) Except in accordance with a licence granted under sub-paragraph (2), a person must not move a non-susceptible animal—
(a) within relevant premises; or
(b) from relevant premises to any other premises (whether in a controlled zone or not).
(2) A licensing officer may license a movement of a kind mentioned in sub-paragraph (1)(a) or (b) if the requirements set out in sub-paragraph (3)(a) or (b) are met.
(3) The requirements are that—
(a) the movement is from one part of the relevant premises to another part of the same premises via land that does not form part of those premises;
(b) the movement is of livestock—
(i) to a slaughterhouse;
(ii) to or from a veterinary surgery;
(iii) to premises where no pigs are kept; or
(iv) to a livestock market where there are no pigs.
(4) In this paragraph—
(a) a “non-susceptible animal” means any animal that is not a pig, but does not include any non-food-producing animal belonging to a species fed, bred or kept, but not normally intended for human consumption, in the United Kingdom, except for equines;
(b) “relevant premises” means premises in a controlled zone on which pigs are kept.
Part 11 Control of movement of vehicles for transporting pigs
Control of movement of pig transport vehicles
32 (1) Except in accordance with a licence granted by a licensing officer under this paragraph, a person must not move any vehicle designed or adapted for the transport of pigs or pig products—
(a) from premises in a controlled zone on which pigs are kept to any other premises (whether in a controlled zone or not); or
(b) from premises (whether in a controlled zone or not) to a slaughterhouse within a controlled zone.
(2) This paragraph does not apply to any vehicles that are used to transport pigs or pig products where the movement of the pigs or pig products has been licensed under this Schedule.
Part 12 Control of pig gatherings, feral pig hunting and sale of related products in controlled zones
Prohibition of pig gatherings in controlled zones
33 (1) A person must not hold a pig gathering in a controlled zone.
(2) For the purposes of this paragraph “pig gathering” means an occasion at which pigs are gathered for one or more of the following purposes—
(a) a sale, show or exhibition;
(b) collection for onward consignment (whether within or outside Great Britain);
(c) inspection to confirm whether the pigs possess specific breed characteristics.
Control of feral pig hunting in controlled zones and of sale of products obtained from feral pigs
34 (1) Except in accordance with a licence granted by a licensing officer under this paragraph, a person must not hunt feral pigs in a controlled zone.
(2) A person must not place on the market any product obtained from a feral pig hunted in a controlled zone unless—
(a) it has been tested in accordance with the relevant Diagnostic Manual; and
(b) as a result of those tests a veterinary inspector is satisfied that the feral pig was not infected with any relevant disease at the time the product was obtained.
(3) In this paragraph “relevant disease” means disease which, or suspicion of which, resulted in the declaration of the controlled zone.
Part 13 Requirements on premises of destination
Requirements on premises to which pigs kept on premises in a surveillance zone, a restricted zone 2 or a restricted zone 3 are moved
35 (1) Where pigs are moved under a licence granted under this Schedule from premises in a surveillance zone to premises of destination that are not a slaughterhouse or veterinary surgery—
(a) the licensing officer must serve a notice on the occupier of the premises of destination imposing the same movement restrictions on those premises as apply in the surveillance zone in accordance with Schedule 3A for the duration that the surveillance zone is in place; and
(b) the occupier of the premises of destination must keep the pigs epidemiologically separate from all other pigs present on the premises until—
(i) at least 15 days have elapsed since the movement took place; and
(ii) the surveillance zone has been removed.
(2) Where pigs are moved under a licence granted under this Schedule from premises in a restricted zone 2 or a restricted zone 3 to premises of destination that are not a slaughterhouse or veterinary surgery, the occupier of the premises of destination must—
(a) keep the pigs epidemiologically separate from all other pigs present at the premises until at least 15 days have elapsed since the movement took place; and
(b) keep the pigs on the premises until at least 15 days have elapsed since the movement took place.
Requirements on premises of destination to which pigs are moved for the purpose of health or welfare
36 Where pigs are moved under a licence granted under paragraph 16 of this Schedule, the occupier of the premises of destination must keep those pigs on the premises until at least 15 days have elapsed since the movement took place.
Part 14 Prohibition on use in raw pet food of pig products produced from pigs kept on premises in relevant controlled zones
Prohibition on use in raw pet food of pig products obtained from pigs kept on premises in relevant controlled zones
37 The owner of any pig products obtained from pigs kept on premises in a relevant controlled zone must not allow those pig products to be used in the production of raw pet food.
Part 15 Restrictions on breeding pigs on premises in controlled zones
Restriction on breeding pigs by itinerant service within a controlled zone
38 Except in accordance with a licence granted by a licensing officer under this paragraph, a person must not breed pigs by means of itinerant service within a controlled zone.
Restriction on breeding pigs by artificial insemination within a controlled zone
39 (1) Except in accordance with a licence granted by a licensing officer under this paragraph and sub-paragraph (2), a person must not breed pigs by artificial insemination within a controlled zone.
(2) No equipment used for breeding by artificial insemination within a controlled zone may leave the controlled zone (whether the equipment was in the area declared to be the controlled zone at the time it was declared or not).
Part 16 Slaughter of pigs kept on premises in relevant controlled zones for private consumption
Slaughter of pigs kept on premises in a controlled zone for private consumption
40 A person must not slaughter pigs kept on premises in a relevant controlled zone for private consumption unless those premises are a designated slaughterhouse.
Part 17 Movement of meat and meat products obtained from pigs kept on premises in an area which is subsequently declared to be a relevant controlled zone
Movement of meat and meat products obtained from pigs kept on premises in an area which is subsequently declared to be a relevant controlled zone
41 Except in accordance with a licence granted under paragraph 43 and subject to paragraph 42, a person must not move meat or meat products that were obtained from pigs kept on premises in an area which, after the meat or meat products are obtained, is declared to be a relevant controlled zone.
Exemptions from paragraph 41
42 (1) Paragraph 41 does not apply in relation to any meat or meat products if they—
(a) were produced before the start of the unregulated period of infection for the first infected premises in the relevant controlled zone;
(b) were obtained, cut, transported and sorted separately from other products produced after that date;
(c) have been treated in accordance with Schedule 2 to the Products of Animal Origin Regulations; or
(d) have been moved from the first processing establishment or, where such products are not processed, a packing establishment.
(2) For the purposes of sub-paragraph (1)(a) the “first infected premises” is the first premises in the controlled zone to be declared under regulation 10A to be infected premises.
Licensing of movements of fresh meat and meat products otherwise prohibited under paragraph 41
43 (1) A licensing officer may license the movement of fresh meat and meat products, the movement of which is prohibited under paragraph 41, if the requirements set out in sub-paragraph (2) are met.
(2) The requirements are—
(a) where the fresh meat or meat products were obtained from pigs kept on premises over which a relevant controlled zone is subsequently declared, that the fresh meat and meat products have been marked in accordance with Schedule 3 to the Products of Animal Origin Regulations; and
(b) where the fresh meat or meat products were obtained from pigs kept on premises over which a protection zone, a surveillance zone or a restricted zone 3 is subsequently declared, that the movement is for treatment in accordance with Schedule 2 to the Products of Animal Origin Regulations.
(3) Where fresh meat or meat products obtained from pigs kept on premises over which a restricted zone 3 is subsequently declared are for the domestic market, the Secretary of State may decide, following a risk assessment, that treatment under sub-paragraph (2)(b) is not required.
Movement of germinal products and animal by-products obtained from pigs kept on premises in an area which is subsequently declared to be a controlled zone
44 A licensing officer may, following a risk assessment, license the movement of germinal products and animal by-products obtained from pigs kept on premises over which a controlled zone is subsequently declared.
Part 18 Feral pig carcases, and meat and other products obtained from feral pigs, in controlled zones
Reporting of location of feral pig carcases in controlled zones
45 A person who finds a feral pig carcase in a controlled zone (including where the pig has been shot by hunters) must, as soon as possible, report the location of the carcase to the Secretary of State.
Movement of feral pig carcases and meat and other products obtained from feral pigs within or out of a controlled zone
46 Except in accordance with a licence granted by a licensing officer under this paragraph, a person must not move any of the following within or out of a controlled zone—
(a) feral pig carcases;
(b) meat obtained from feral pigs;
(c) animal by-products obtained from feral pigs.
Part 19 General exemptions to movement restrictions
General exemptions to movement restrictions
47 (1) The following are exempt from the movement restrictions in this Schedule—
(a) any products of animal origin obtained from pigs kept within a controlled zone that—
(i) are considered by the Secretary of State to be safe commodities; or
(ii) have been treated in accordance with Schedule 2 to the Products of Animal Origin Regulations;
(b) any products produced in a controlled zone that were obtained from pigs kept—
(i) in an area which is not in a zone declared under these Regulations; or
(ii) on premises which are wholly outside such a zone and are neither infected premises nor subject to any notice under these Regulations;
(c) any derived products;
(d) any manufactured or processed products—
(i) containing more than one ingredient, at least one of which is a pig product;
(ii) that contain ingredients that are pig products, where each of those pig products has—
(aa) been treated in accordance with Schedule 2 to the Products of Animal Origin Regulations; or
(bb) been obtained from pigs kept on premises outside of a controlled zone.
(2) In this paragraph—
“derived products” means products obtained from one or more treatments, transformations or steps of processing animal by-products;
“safe commodities” means commodities that can be moved without the need for risk mitigation measures specifically directed against disease regardless of the zone of origin.
Regulation 23(9)
Cleansing and disinfection of vehicles in a protection zone
1 (1) The person in charge of—
(a) any vehicle used to transport pigs within a protection zone,
(b) any vehicle used to transport other livestock or material which may be contaminated with disease, or
(c) any other vehicle which may be contaminated with disease,
may not leave the premises of destination without having thoroughly cleansed and disinfected the vehicle and any equipment in it so as to minimise the risk of spread of disease.
(2) In all cases, the person in charge of the vehicle must at least—
(a) cleanse and disinfect its wheels, wheel arches, mud flaps and any other part of the vehicle that may contain contaminated material; and
(b) ensure that the vehicle and any associated equipment is not visibly contaminated with mud, faeces or other material.
(3) A person must not allow a vehicle that has been used to transport pigs in the protection zone to leave the zone following cleansing and disinfection without being inspected and licensed to leave by an inspector.
Cleansing and disinfection of vehicles in a surveillance zone
2 (1) A person in charge of a vehicle used to transport a pig within a surveillance zone, or other livestock or material which may be contaminated with disease, or any other vehicle which may be contaminated with disease, must not leave the premises of destination without having cleansed and disinfected the vehicle and any equipment in it so as to minimise the risk of spread of disease.
(2) In all cases, the person in charge of the vehicle must at least—
(a) cleanse and disinfect its wheels, wheel arches and mud flaps; and
(b) ensure that the vehicle and any equipment therein is not visibly contaminated with mud, faeces or other material.
Cleansing of vehicles which have moved a pig to premises outside of a protection or surveillance zone
3 Where a person transports a pig to premises outside of a protection or surveillance zone, that person must arrange for cleansing and disinfection to take place at that place of destination after delivery of the pig.
Schedule 4A Cleansing, disinfection and treatment in England of premises, vehicles and other things
Regulations 12(2A), 13(5), 23(9A), 27A(5), 27D(e), 31B and 39(1A)(y)
Part 1 General cleansing and disinfection requirements
General cleansing and disinfection requirements
1 (1) A person must, in deciding which of the disinfectants approved under regulation 15 and what degreasing agent to use, take into account the following—
(a) the pathogen;
(b) the nature of the premises to be cleansed or disinfected;
(c) the type of vehicle or other thing to be cleansed or disinfected.
(2) A person must, when using a disinfectant or degreasing agent under these Regulations, ensure they are used as effectively as possible and in such a way—
(a) as to avoid inhibiting their efficacy by way of interaction with other substances; and
(b) as reduces as much as possible any adverse impact on the environment and public health.
(3) A person who has cleansed and disinfected any part of any premises must avoid recontaminating that part of the premises, in particular where washing with liquids applied under pressure.
(4) See paragraph 4(4) of this Schedule for cases in which this paragraph does not apply.
Part 2 Preliminary cleansing and disinfection requirements
Preliminary cleansing and disinfection requirements
2 (1) The Secretary of State must carry out preliminary cleansing and disinfection immediately after disposal of the carcases in accordance with regulation 13, and take all necessary measures to minimise the risk of spread of disease.
(2) The Secretary of State must carry out preliminary cleansing and disinfection, including employing measures to destroy insects and rodents, under the supervision of an inspector and in accordance with the inspector’s instructions.
(3) The Secretary of State must, when carrying out preliminary cleansing and disinfection, cleanse and disinfect—
(a) all parts of the premises including buildings and surfaces, but not fields, slurry lagoons or other parts of the premises where the disinfectant would have no effect;
(b) all equipment, vehicles or any other thing with which the pigs may have come into contact;
(c) any vehicle used to transport carcases for disposal in accordance with regulation 13(2).
(4) The Secretary of State must, when carrying out preliminary cleansing and disinfection—
(a) spray every carcase with disinfectant;
(b) remove carcases from the premises for disposal using closed, leak-proof containers or vehicles;
(c) collect and dispose of any tissue or blood spilled during the killing or post-mortem examination of the pigs in accordance with Regulation (EC) 1069/2009.
(5) The Secretary of State must, as far as reasonably practicable when carrying out preliminary cleansing and disinfection, ensure that—
(a) the disinfectant used remains on the thing treated for at least 24 hours;
(b) pig manure, including litter and used bedding, is thoroughly soaked with disinfectant.
(6) Where the following items cannot be effectively cleansed or disinfected, the Secretary of State must destroy them when carrying out preliminary cleansing and disinfection—
(a) equipment;
(b) containers;
(c) consumption utensils;
(d) surfaces; or
(e) any other material.
(7) Where preliminary cleansing and disinfection is not possible immediately after the pigs are killed, and there is a risk that any of the following items might be contaminated, the Secretary of State must isolate them until preliminary cleansing and disinfection can take place—
(a) all pig products;
(b) any equipment;
(c) any substances or other material.
(8) The Secretary of State must, when carrying out preliminary cleansing and disinfection—
(a) record the date and time when prelimnary cleansing and disinfection is carried out; and
(b) ensure that an inspector has checked and signed the record.
Part 3 Secondary cleansing and disinfection requirements
Secondary cleansing and disinfection requirements
3 (1) A person must carry out secondary cleansing and disinfection, including where necessary employing measures to destroy insects and rodents, under the supervision of a veterinary inspector and in accordance with the veterinary inspector’s instructions.
(2) A person must, when carrying out secondary cleansing and disinfection, remove pig manure or slurry, or both, including litter and used bedding, and—
(a) where it is solid pig manure—
(i) steam treat it to a temperature of at least 70℃;
(ii) destroy it by burning;
(iii) bury it deep enough to prevent access by any animal; or
(iv) stack it to heat, spray it with disinfectant, leave it for at least 42 days and during that period cover the stack or re-stack it to ensure thermic treatment of all layers;
(b) where it is slurry, store it for at least 60 days from the date the last potentially contaminated material was added to it.
(3) A veterinary inspector may authorise a reduction in the storage period in sub-paragraph (3)(b) where the slurry has been effectively treated to destroy the disease virus in accordance with the veterinary inspector’s instructions.
(4) A person must, when carrying out secondary cleansing and disinfection—
(a) thoroughly cleanse and disinfect all buildings, surfaces and equipment on the premises by—
(i) applying a degreasing agent to remove grease and dirt, where necessary;
(ii) spraying them with disinfectant;
(b) remove or dismantle any equipment or installations to ensure the secondary cleansing and disinfection can take place;
(c) thoroughly cleanse and disinfect all floors, ramps and walls and the ground outside any buildings by brushing and scrubbing;
(d) where necessary, thoroughly cleanse and disinfect all portable fittings in accordance with a veterinary inspector’s instructions.
(5) A person must contain and dispose of any water used whilst carrying out secondary cleansing and disinfection—
(a) in a way that minimises the risk of the spread of disease; and
(b) in accordance with a veterinary inspector’s instructions.
(6) A person must cleanse and disinfect the premises again after seven days since the secondary cleansing and disinfection was completed.
(7) A person must carry out such repair works to the premises and any equipment as may be required by a veterinary inspector for the purpose of minimising the risk of the spread of disease.
(8) A person must ensure works carried out in accordance with sub-paragraph (7) are—
(a) carried out as soon as reasonably practicable; and
(b) confirmed by the veterinary inspector as satisfactorily completed in accordance with sub-paragraph (9).
(9) To confirm satisfactory completion of the works carried out under sub-paragraph (7), a veterinary inspector is to—
(a) record the date and time of completion; and
(b) check and sign the record.
(10) See paragraph 4(4) for cases in which this paragraph does not apply.
Part 4 Cleansing and disinfection requirements for specified premises
Cleansing and disinfection requirements for specified premises
4 (1) A veterinary inspector may specify cleansing and disinfection procedures for the premises listed in sub-paragraph (2).
(2) The premises are—
(a) natural-soil-type outdoor premises;
(b) indoor premises that are linked to natural soil type outdoor premises.
(3) When specifying procedures under sub-paragraph (1), the veterinary inspector is to take into account the type of premises and the climatic conditions.
(4) Where cleansing and disinfection procedures are specified under this paragraph, paragraphs 1 and 3 do not apply.
Part 5 Cleansing and disinfection requirements for vehicles
Cleansing and disinfection of vehicles used to transport any thing under a licence
5 (1) A person must, where cleansing and disinfection of any vehicle is required under these Regulations, cleanse and disinfect—
(a) the vehicle—
(i) at the premises of origin before any animals or products obtained from an animal are loaded into it;
(ii) before leaving the premises of destination after unloading them;
(b) the wheels, wheel arches and any steps of those vehicles—
(i) after loading and before leaving the premises of origin;
(ii) after unloading and before leaving the premises of destination.
(2) A person must carry out the cleansing and disinfection in accordance with—
(a) Schedule 2 to the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 2003;
(b) any requirements a licensing officer considers necessary and notifies to the person in charge of the vehicle.
(3) A person must ensure any disinfectant applied to the inside of vehicles is allowed to fully dry before any animal or any product obtained from an animal is loaded into the vehicle.
(4) An occupier of premises where vehicle cleansing and disinfection are carried out under this paragraph must provide adequate facilities, equipment and materials at their own expense.
Cleansing and disinfection of vehicles used to transport pigs
6 (1) A person in charge of a vehicle used to transport pigs within a protection zone, a surveillance zone or a restricted zone 3 must not move that vehicle out of that zone after cleansing and disinfection unless licensed to do so by a licensing officer.
(2) A person in charge of a vehicle used to transport pigs out of a controlled zone must cleanse and disinfect the vehicle at the premises of destination after unloading.