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76 provisions
Title and introductory text
2014 No. 1894
Animals
Animal Health
The Diseases of Swine Regulations 2014
Made
16th July 2014
Laid before Parliament
18th July 2014
Laid before the National Assembly for Wales
18th July 2014
Coming into force
14th August 2014
The Secretary of State and the Welsh Ministers are each designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union.
These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State and the Welsh Ministers that it is expedient for the references in these Regulations to the following European Union instruments to be construed as references to such instruments as amended from time to time—
(a) Council Directive 92/119/EEC introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease;
(b) Council Directive 2001/89/EC on Community measures for the control of classical swine fever; and
(c) Council Directive 2002/60/EC laying down specific provisions for the control of African swine fever.
The Secretary of State, in relation to England and Scotland, and the Welsh Ministers, in relation to Wales, make these Regulations under the powers conferred by section 2(2) of, as read with paragraph 1A of Schedule 2 to, the European Communities Act 1972.
(1) These Regulations—
(a) may be cited as the Diseases of Swine Regulations 2014;
(b) extend to Great Britain; and
(c) come into force on 14th August 2014.
(1) In these Regulations—
“carcase” , other than in England, means a carcase or part of a carcase of a pig, but does not include a sample taken from a carcase;
“Chief Veterinary Officer” means the Chief Veterinary Officer for England, Scotland or Wales dependent upon where disease is present;
“contact premises” means premises that are designated as contact premises under regulation 8(1);
“Council Directive 92/119/EEC” means Council Directive 92/119/EEC introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease as amended from time to time;
“Council Directive 2001/89/EC” means Council Directive 2001/89/EC on Community measures for the control of classical swine fever as amended from time to time;
“Council Directive 2002/60/EC” means Council Directive 2002/60/EC laying down specific provisions for the control of African swine fever as amended from time to time;
“designated slaughterhouse” means a slaughterhouse designated by the appropriate authority 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;
“Diagnostic Manual” refers to the Diagnostic Manual contained in—
Commission Decision 2000/428/EC establishing diagnostic procedures, sampling methods and criteria for the evaluation of the results of laboratory tests for the confirmation and differential diagnosis of swine vesicular disease,
Commission Decision 2002/106/EC approving a Diagnostic Manual establishing diagnostic procedures, sampling methods and criteria for evaluation of the laboratory tests for the confirmation of classical swine fever,
Commission Decision 2003/422/EC approving an African swine fever Diagnostic Manual;
“disease” in these Regulations, unless the context refers to only one or more of these diseases, means any of the following diseases of pig (and includes the virus of any such disease)—
African swine fever;
classical swine fever (otherwise known as hog cholera); and
swine vesicular disease;
“equipment”, except in regulation 34(9)(a), means any equipment that has been in contact with pigs or faeces, blood or other bodily fluids from a pig;
“feral pig” means any non-captive pig which is living in the wild;
“infected premises” means premises that have been designated as infected premises under regulation 10 or regulation 10A;
“inspector” means a person appointed to be an inspector for the purposes of the Animal Health Act 1981 by an appropriate authority or by a local authority, and, when used in relation to an officer of the appropriate authority, includes a veterinary inspector;
“keeper” means any person who owns or is responsible for a pig, whether on a permanent or temporary basis;
“licensing officer” means—
a veterinary inspector; or
an inspector or officer of the Secretary of State acting under the instructions of a veterinary inspector;
“livestock” means any hoofed animals other than equidae;
“local authority” means—
in England—
where there is an authority which is the sole principal council for its local government area (“a unitary authority”), that authority;
where there is not a unitary authority—
...
in a non-metropolitan county, the county council;
in each London borough, the council of that borough; or
in the City of London, the Common Council;
in Wales, a county council or a county borough council;
in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“marker vaccine” means a vaccine which results in a clear differentiation between a vaccinated pig and a diseased pig;
“occupier” means any person having day-to-day responsibility for the premises or for any pigs on the premises;
“pig” means any animal of the Suidae family;
“premises” includes any land, building or other place;
“Restricted Zone” means a restricted zone 1, a restricted zone 2 or a restricted zone 3;
“restricted zone 1” means a restricted zone 1 declared under regulation 27A;
“restricted zone 2” means a restricted zone 2 declared under regulation 27A;
“restricted zone 3” means a restricted zone 3 declared under regulation 27A;
“sentinel pig” means a pig introduced to infected premises after cleansing and disinfection in accordance with regulation 18 for surveillance purposes;
“seropositive pig” means a pig identified as having antibodies against swine vesicular disease, African swine fever or classical swine fever;
“suspect premises” means premises that are designated as suspect premises under regulation 7(2);
“vectors” means ticks of the species Ornithodorus erraticus or any other tick or insect species specified by the appropriate authority;
“veterinary inspector” means a veterinary inspector appointed by an appropriate authority for the purposes of the Animal Health Act 1981.
(2) In these Regulations—
(a) “appropriate authority” means—
(i) the Secretary of State where the functions are exercised in England;
(ii) the Scottish Ministers where the functions are exercised in Scotland; and
(iii) the Welsh Ministers where the functions are exercised in Wales;
(b) terms used in the European Union instruments have the same meaning as in those instruments.
(3) In paragraph (2)(b) “the European Union instruments” means—
(a) Council Directive 92/119/EEC;
(b) Council Directive 2001/89/EC;
(c) Council Directive 2002/60/EC;
(d) Commission Decision 2000/428/EC establishing diagnostic procedures, sampling methods and criteria for the evaluation of the results of laboratory tests for the confirmation and differential diagnosis of swine vesicular disease;
(e) Commission Decision 2002/106/EC approving a Diagnostic Manual establishing diagnostic procedures, sampling methods and criteria for evaluation of the laboratory tests for the confirmation of classical swine fever; and
(f) Commission Decision 2003/422/EC approving an African swine fever Diagnostic Manual.
(4) Paragraphs (2)(b) and (3) do not apply in relation to England.
(1) In these Regulations, as they apply in relation to England—
“animal” means any invertebrate or vertebrate animal except man;
“animal by-products” means—
entire bodies or parts of bodies of animals;
products of animal origin; or
other products obtained from animals,
which are not intended for human consumption, but excluding semen, oocytes and embryos intended for artificial reproduction;
“approved animal by-products plant” means a plant for the processing or disposal of animal by-products approved in accordance with Article 24 of Regulation (EC) 1069/2009;
“carcase” means the body of a dead animal or any part of a body of a dead animal other than a sample taken from such a body;
“controlled zone” means—
a protection zone declared by the Secretary of State,
a surveillance zone declared by the Secretary of State, or
a Restricted Zone;
“emergency vaccination zone” means an emergency vaccination zone declared under regulation 29;
“estimated earliest date of infection”, in relation to infected premises, means the date a veterinary inspector estimates as the date of earliest infection at the premises;
“feral pig control zone” means a feral pig control zone declared under regulation 21;
“feral pig investigation zone” means a feral pig investigation zone declared under regulation 20;
“fresh meat” means meat that has not undergone any preserving process other than chilling, freezing or quick-freezing and includes meat that is vacuum wrapped or wrapped in a controlled atmosphere;
“germinal products” means semen, oocytes and embryos obtained from pigs intended for artificial reproduction;
“meat” means any part of a carcase intended for human consumption, and includes products resulting from—
the processing of any part of such a carcase; and
the further processing such a processed product;
“meat products” means—
processed products, including treated stomachs, bladders, intestines, resulting from the processing of meat, or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat;
rendered animal fat;
meat extracts; or
blood products;
“pig products” means—
products of animal origin obtained from pigs;
animal by-products obtained from pigs; or
germinal products;
“products of animal origin” means products obtained from animals for human consumption;
“Products of Animal Origin Regulations” means the Products of Animal Origin (Disease Control) (England) Regulations 2008;
“protection zone” means a protection zone declared under regulation 23;
“Regulation (EC) 1069/2009” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation);
“relevant controlled zone” means—
a protection zone declared by the Secretary of State;
a surveillance zone declared by the Secretary of State;
a restricted zone 2; or
a restricted zone 3;
“surveillance zone” means a surveillance zone declared under regulation 23;
“temporary control zone” means a temporary control zone declared under regulation 9;
“unregulated period of infection”, in relation to infected premises, means the period—
beginning with the day that is 15 days before the estimated earliest date of infection; and
ending with the day on which infection is confirmed at the premises.
(2) A controlled zone is an infected area for the purposes of the Animal Health Act 1981 (see section 17 of that Act).
(1) Any notice that is required or authorised under these Regulations to be served on the occupier may be served on a person appearing to the person serving the notice to be the occupier.
(2) Where a notice has been served on a person referred to in paragraph (1), and it later becomes clear to the person who served the notice that another person is the keeper of the pigs then a replacement notice must be served on the other person.
(3) Where there is a change in occupation of premises subject to any controls or restrictions under these Regulations—
(a) the existing occupier must immediately notify the appropriate authority of the details of the new occupier before the change in occupation takes place; and
(b) if the new occupier does not have day-to-day responsibility for restricted pigs under these Regulations the new occupier must allow the keeper of the restricted pigs, or any person acting on behalf of the keeper, to enter the premises to feed or otherwise attend to the welfare of the pigs during the period of control or restriction and for seven days following the ending of such restrictions.
(1) These Regulations do not apply—
(a) to anything done under the terms of a licence granted under the Specified Animal Pathogens Order 2008, the Specified Animal Pathogens (Scotland) Order 2009 or the Specified Animal Pathogens (Wales) Order 2008; or
(b) at any border inspection post within the meaning of, and for so long as it remains approved for the purposes of, regulation 11 of the Trade in Animals and Related Products Regulations 2011, regulation 9 of the Trade in Animals and Related Products (Scotland) Regulations 2012 or regulation 11 of the Trade in Animals and Related Products (Wales) Regulations 2011.
(2) Parts 2 and 3 do not apply in relation to swine vesicular disease in any period during which action is being taken by the appropriate authority under the Foot-and-Mouth Disease (England) Order 2006, the Foot-and-Mouth Disease (Scotland) Order 2006 or the Foot-and-Mouth Disease (Wales) Order 2006.
(1) Any person who suspects that a domestic or feral pig or carcase is infected with disease must immediately notify the appropriate authority.
(2) Any person who examines a sample taken from a pig or a carcase and who—
(a) suspects that the pig or carcase is infected with disease, or
(b) detects evidence of antibodies to, or antigens of, disease,
must immediately notify the appropriate authority.
(1) This regulation applies where the appropriate authority receives a notification under regulation 5, and a veterinary inspector considers that further investigation relating to the possible presence of disease is necessary.
(2) A veterinary inspector must examine the pig or carcase, and may examine any other pig or carcase on the same premises.
(3) A veterinary inspector must as soon as reasonably practicable orally inform (followed up by service of a notice by a veterinary inspector or by an inspector under the direction of a veterinary inspector) the occupier that the further investigation will be undertaken, and except in the case of a notification involving a feral pig or feral pig carcase, the occupier so informed must comply with the initial measures set down in paragraph (4).
(4) For the purposes of paragraph (3), the initial measures are—
(a) not to move, or permit to be moved—
(i) the pig or carcase which is the subject of the notification from the premises where it is located;
(ii) any other pig or carcase to or from those premises;
(iii) any other animal from those premises if the veterinary inspector is of the opinion that it is likely to spread disease;
(iv) any thing off those premises unless the veterinary inspector is of the opinion that it is not likely to spread disease;
(b) to ensure that any person who has been in contact with any pig or carcase, or who has been on any part of the premises that may be contaminated with disease, takes all necessary biosecurity precautions to reduce the risk of spreading disease before leaving the premises; and
(c) where the occupier is an operator of a slaughterhouse—
(i) not to permit any pig to be slaughtered unless authorised by a veterinary inspector; and
(ii) to identify and isolate any carcase in respect of which the notification requirements in regulation 5 apply, any carcase originating from the same premises (and any carcase that has been in contact with any such carcase) so that such carcases do not come into contact with any other pig or carcase at the slaughterhouse.
(5) In the case of a notification involving a feral pig or feral pig carcase the occupier must comply with any initial measures that are required by the veterinary inspector.
(6) The initial measures required under this regulation continue to apply until—
(a) a veterinary inspector informs the occupier that the presence of disease on the premises is not suspected;
(b) the premises are designated by notice as suspect premises by an inspector in accordance with regulation 7(2); or
(c) the occupier is notified that the measures no longer apply.
(1) This regulation applies where a veterinary inspector suspects—
(a) that a pig or carcase is or has been infected with disease; and
(b) that pig or carcase is or has been on any premises other than in circumstances where Part 4 (disease at a slaughterhouse) or Part 5 (suspicion and confirmation of disease in feral pigs) applies.
(2) An inspector must serve a notice on the occupier designating premises as suspect premises, and Schedule 1 applies upon service of that notice.
(3) A veterinary inspector must take all reasonable steps to establish whether or not disease is present at the suspect premises.
(4) For the purposes of paragraph (3), a veterinary inspector may, if the Chief Veterinary Officer considers it necessary, take and have tested—
(a) samples from any pig or carcase that is, or has previously been, on the premises;
(b) environmental samples from the premises.
(5) In the case of classical swine fever and African swine fever, where required by the epidemiological situation, the Chief Veterinary Officer may order and arrange for the killing of any pig on the suspect premises and arrange for the taking of a sufficient number of post-mortem samples to confirm or negate the presence of disease.
(6) The notice served under paragraph (2) may only be revoked if a veterinary inspector is satisfied that the suspect premises no longer pose a risk of spread of disease.
(7) Where that notice is revoked, the measures in Schedule 1 cease to apply upon revocation of that notice.
(8) In the case of swine vesicular disease only, where a seropositive pig has been detected on premises designated as suspect premises but none of the pigs on the premises show clinical signs of that disease, a veterinary inspector must take further samples at least 28 days from the date when the disease was first suspected by the veterinary inspector and have those samples tested.
(9) If such tests reveal no evidence of swine vesicular disease on the premises, the seropositive pig must be—
(a) slaughtered at a designated slaughterhouse—
(i) with the pig being kept separate from other pigs in transport and at the slaughterhouse; and
(ii) ensuring that the carcase and any animal by-product coming from the seropositive pig is kept separate and not exported from the United Kingdom; or
(b) killed on the suspect premises and subsequently destroyed under supervision of a veterinary inspector.
(1) Where premises have been shown to have an epidemiological link with—
(a) suspect premises,
(b) infected premises, or
(c) other premises on which disease has been detected, including where a veterinary inspector is of the view that due to its proximity to an infected premises it is likely that disease may have been transmitted there,
an inspector must serve a notice on the occupier designating that premises as contact premises, and Schedule 1 applies upon service of that notice.
(2) Following the designation of premises as contact premises—
(a) where pigs on the contact premises do not show clinical signs of disease, but where the suspicion of disease cannot be ruled out, the Chief Veterinary Officer must assess the epidemiological situation at the premises, and on the basis of that assessment may—
(i) order and arrange for the killing of any pig on the premises if considered necessary to prevent the spread of disease;
(ii) require a person under the direction of a veterinary inspector, to monitor all pigs on the contact premises (which may require the taking and testing of samples) until the veterinary inspector is satisfied that the disease is not present;
(b) where any pig on the contact premises shows clinical signs of disease—
(i) if considered to be necessary to prevent the spread of disease, the Chief Veterinary Officer may order and arrange for the killing of any pig on the contact premises, and arrange for the taking of a sufficient number of post-mortem samples to confirm or negate the presence of disease; and
(ii) a veterinary inspector must take all reasonable steps to establish whether or not disease is present at the contact premises, which may include the taking and testing of samples, until satisfied that the disease is not present on the premises.
(3) Where pigs have been killed and disease cannot be negated, cleansing and disinfection must be carried out in accordance with regulations 13 and 14, followed by restocking with sentinel pigs unless a veterinary inspector specifies otherwise in writing, in accordance with regulation 18.
(4) The notice served under paragraph (1) may not be revoked until the Chief Veterinary Officer is satisfied following any tests or actions of a veterinary inspector, or the satisfactory completion of the steps in paragraph (3), that it is no longer appropriate for the premises to remain designated as contact premises.
(5) Where the notice served under paragraph (1) is revoked, the measures in Schedule 1 cease to apply upon revocation of that notice.
(1) The appropriate authority may declare a temporary control zone around suspect premises.
(1A) The Secretary of State may also declare a temporary control zone in England if premises in Wales or in Scotland are designated as suspect premises.
(2) The temporary control zone must be of such extent as the appropriate authority considers necessary to reduce the risk of the spread of disease as far as practicable.
(3) A person must not move a pig from premises in the temporary control zone, except in accordance with a licence granted by a veterinary inspector.
(4) The declaration may apply any measure of a type listed in Schedule 1 as the appropriate authority considers necessary in all or part of the temporary control zone in order to prevent or reduce the risk of the spread of disease.
(5) Any part of a temporary control zone (other than a zone declared by the Secretary of State) that is subsequently incorporated into a protection or surveillance zone will cease to exist as a temporary control zone.
(5A) A temporary control zone declared by the Secretary of State that is subsequently incorporated into any of the following zones ceases to exist as a temporary control zone—
(a) a protection zone declared by the Secretary of State;
(b) a surveillance zone declared by the Secretary of State;
(c) a restricted zone 3.
(6) Where disease has been negated at suspect premises, the appropriate authority must revoke the temporary control zone declaration.
10 Designating premises (other than premises in England) as infected premises when the presence of disease is confirmed
(1) Where the Chief Veterinary Officer is satisfied as a result of any—
(a) tests carried out under these Regulations,
(b) clinical signs in any pig or carcase, or
(c) epidemiological connections,
that disease is or has been present on premises (other than premises in England), an inspector must serve a notice on the occupier designating them to be infected premises.
(2) Where such a notice is served on the occupier Schedule 1 applies, together with any additional measures that a veterinary inspector considers necessary in order to reduce the risk of the spread of disease.
(3) This regulation does not apply where disease is confirmed in a slaughterhouse or in feral pigs.
10A Designating premises in England as infected premises where the presence of disease is confirmed
(1) Where the Chief Veterinary Officer confirms, as a result of—
(a) any tests carried out under these Regulations;
(b) clinical signs in any pig or carcase; or
(c) epidemiological connections,
that disease has been present on premises in England at any time during the 56 days preceding that confirmation, an inspector may serve a notice on the occupier designating those premises as infected premises.
(2) Where the Chief Veterinary Officer confirms, as a result of—
(a) any tests carried out under these Regulations;
(b) clinical signs in any pig or carcase; or
(c) epidemiological connections,
that disease is present on premises in England, an inspector must serve a notice on the occupier designating those premises as infected premises.
(3) Where a notice is served on the occupier under paragraph (1) or (2), Schedules 1 and 1A apply together with any additional measures that a veterinary inspector considers necessary in order to reduce the risk of the spread of disease.
(4) This regulation does not apply where disease is confirmed in a slaughterhouse or feral pigs.
When premises are designated as infected premises the appropriate authority must arrange for the killing of all pigs on the premises unless regulation 12 applies.
(1) The appropriate authority may decide not to kill a pig—
(a) kept in a zoo or wildlife park; or
(b) kept for—
(i) educational purposes;
(ii) scientific research or breeding for such research; or
(iii) purposes related to conservation of species or genetic resource.
(2) Where the appropriate authority decides under paragraph (1) not to kill a pig, a veterinary inspector must serve a notice on the occupier of the premises on which it is kept detailing the biosecurity arrangements that the occupier must follow to reduce the risk of the spread of disease.
(2A) Where the Secretary of State decides under paragraph (1) not to kill a pig, the Secretary of State—
(a) must, without delay, carry out preliminary cleansing and disinfection in accordance with Schedule 4A; and
(b) may impose any additional measures the Secretary of State considers necessary to prevent the spread of disease.
(3) The appropriate authority may for disease control reasons at any time decide to order the killing of a pig that has previously been spared under paragraph (1).
13 Disposal of carcases and preliminary cleansing and disinfection
(1) Where a pig is killed under these Regulations other than in accordance with regulation 19(4), the appropriate authority must arrange for the disposal of the carcase.
(2) The appropriate authority may arrange for the disposal of the carcase of any pig that has died, or is suspected to have died, from disease.
(3) The appropriate authority must ensure that any such disposal is carried out in such a way as to avoid the risk of the spread of disease.
(4) Following such disposal the appropriate authority , other than the Secretary of State, must without delay carry out preliminary cleansing and disinfection of—
(a) all parts of the premises (other than fields, slurry lagoons and other parts of the premises where the disinfectant would have no effect) and all equipment or other things to which the pig has had access; and
(b) anything contaminated during the killing of the pig.
(5) Following such a disposal, the Secretary of State must, without delay, carry out preliminary cleansing and disinfection in accordance with Schedule 4A.
14 Notice requiring secondary cleansing and disinfection
(1) Irrespective of whether or not pigs are to be reintroduced on infected or contact premises, an inspector may serve a notice on the occupier requiring secondary cleansing and disinfection as specified in the notice.
(2) Secondary cleansing and disinfection must be carried out in such a way as to minimise the risk of the spread of disease or survival of any virus and, in England, in accordance with Schedule 4A.
(3) If the occupier does not comply with the notice, an inspector may arrange for secondary cleansing and disinfection to be carried out by another person at the expense of the occupier.
(4) Following completion of the secondary cleansing and disinfection, a veterinary inspector must certify in writing when satisfied that the requirements of the notice have been completed.
(1) Where disinfection is carried out under these Regulations the disinfectants must be—
(a) approved by the appropriate authority under the Diseases of Animals (Approved Disinfectants) (England) Order 2007, the Diseases of Animals (Approved Disinfectants) (Scotland) Order 2008or the Diseases of Animals (Approved Disinfectants) (Wales) Order 2007, and shown on the list of approved disinfectants published under the appropriate Order as being approved—
(i) specifically as being effective against the spread of swine vesicular disease where that disease has been identified; or
(ii) for effectiveness against the spread of disease other than swine vesicular disease; and
(b) used at the authorised dilution rate and in accordance with the manufacturer’s instructions.
(2) This regulation is subject to regulation 15A.
15A Use of approved disinfectants: alternative arrangements in England
(1) This regulation applies where disinfection is carried out under these Regulations in England.
(2) Where the manufacturer’s instructions for a disinfectant falling within regulation 15(a) are not available, the disinfectant must instead be used in accordance with a veterinary inspector’s instructions.
(3) Where no disinfectant falling within regulation 15(1)(a) is available, a veterinary inspector may, if the veterinary inspector considers it necessary, license the use of another disinfectant.
(4) Where a veterinary inspector licenses the use of disinfectant under paragraph (3), the disinfectant must be used in accordance with—
(a) the manufacturer’s instructions (including as to the dilution rate); or
(b) if different, the instructions given by a veterinary inspector.
16 Special measures to prevent the spread of African swine fever virus by vectors
(1) Where the presence of vectors is suspected on premises where African swine fever has been confirmed, any building that has housed pigs (and the surrounding environment) must be checked by an inspector for the presence of vectors and, if deemed necessary, a veterinary inspector (or any person acting under the direction of a veterinary inspector) may—
(a) arrange for the obtaining of specimens of the vectors and proportionate further monitoring; and
(b) require the occupier to implement practical vector control measures.
(2) Where such specimens are obtained the appropriate authority must arrange for appropriate laboratory tests to be carried out on them to confirm or negate the presence of the African swine fever virus in the vectors.
(1) Unless otherwise provided for in this regulation, a notice under regulation 10 (designation of an infected premises) must not be revoked until a veterinary inspector is satisfied that sufficient time has elapsed for the virus of disease to have decayed naturally to the extent that the virus will no longer pose a risk of infecting a pig with disease.
(2) A veterinary inspector, or an inspector acting under the direction of a veterinary inspector, may revoke such a notice of designation in relation to the whole or a part of the infected premises if—
(a) any required cleansing and disinfection has been certified as satisfactorily completed in accordance with regulation 14(4); and
(b) the premises have been tested for the existence of disease using sentinel pigs with negative results in accordance with regulation 18.
(3) In the case of African swine fever (where the occurrence of disease has not been linked to vectors) or in the case of classical swine fever, as a derogation from the testing in accordance with paragraph (2)(b), such a notice may be revoked by a veterinary inspector if—
(a) more than six months has elapsed from the completion of the cleansing and disinfection; and
(b) the veterinary inspector is of the opinion that there is no further risk of the spread of disease.
(4) In the case of African swine fever, where occurrence of disease has been linked to vectors, such a notice must not be revoked until—
(a) all sentinel restocking in accordance with regulation 18 has been carried out without evidence of disease; and
(b) a further 60 days has elapsed since full restocking.
(5) Where such a notice is revoked, the measures in Schedule 1 (together with any additional measure imposed) cease to apply upon revocation of that notice.
(1) Subject to the following provisions of this regulation, a notice under regulation 10A must not be revoked until a veterinary inspector is satisfied that sufficient time has elapsed for the virus of disease to have decayed naturally to the extent that the virus will no longer pose a risk of infecting a pig with disease.
(2) A veterinary inspector, or an inspector acting under the direction of a veterinary inspector, may revoke such a notice of designation in relation to the whole or part of the premises if—
(a) any required secondary cleansing and disinfection has been certified as satisfactorily completed in accordance with regulation 14(4); and
(b) subject to paragraphs (3) and (4), the premises have been tested for the existence of disease using sentinel pigs with negative results in accordance with regulation 18.
(3) In the case of African swine fever where the occurrence of disease has not been linked to vectors or classical swine fever, a veterinary inspector may, by way of derogation from paragraph (2)(b), revoke the notice if—
(a) more than six months has elapsed from the completion of the cleansing and disinfection; and
(b) the veterinary inspector is of the opinion there is no further risk of the spread of disease.
(4) In the case of African swine fever where the occurrence of disease has been linked to vectors, the notice must not be revoked until—
(a) all sentinel restocking has been carried out in accordance with regulation 18; and
(b) monitoring for the resurgence of disease has taken place for at least 60 days since the day on which the last sentinel pig arrived on the premises.
(5) Where a notice of designation is revoked, the measures in Schedules 1 and 1A, together with any additional measures imposed, cease to apply.
18 Restocking and testing with sentinel pigs on infected or contact premises
(1) On infected premises or contact premises once a veterinary inspector has certified in accordance with regulation 14(4) that secondary cleansing and disinfection have been satisfactorily completed, sentinel pigs may be introduced (at the expense of the occupier) for monitoring for the resurgence of disease in accordance with this regulation as a precursor to full restocking of the premises with pigs.
(2) Other than in the situation in paragraph (7), the number of sentinel pigs introduced by the occupier must be such restricted number as is deemed to be sufficient by a veterinary inspector to test for the continuing presence of disease on all parts of the premises where disease was formerly present.
(3) The sentinel pigs may only be introduced to premises (other than premises in England) in accordance with a licence granted by a veterinary inspector, and not before the following prescribed number of days, equivalent to the incubation period for the virus, after the secondary cleansing and disinfection has been certified as being satisfactorily completed in accordance with regulation 14(4)—
(a) 40 days in the case of African swine fever;
(b) 30 days in the case of classical swine fever; and
(c) 28 days in the case of swine vesicular disease.
(3A) The sentinel pigs may only be introduced to premises in England in accordance with a licence granted by a veterinary inspector and not before—
(a) at least 15 days have elapsed since the day on which the secondary cleansing and disinfection was certified as satisfactorily completed in accordance with regulation 14(4); or
(b) where secondary cleansing and disinfection cannot be carried out—
(i) at least 90 days have elapsed since the day on which preliminary cleansing and disinfection was completed; and
(ii) a risk assessment has been carried out.
(4) The sentinel pigs must have—
(a) come from premises not subject to any controls or restrictions under these Regulations; or
(b) been tested at the expense of the occupier before being brought on to the premises and found to be negative for the presence of antibodies against disease.
(4A) Where the sentinel pigs are to be introduced to premises in England, the testing carried out for the purposes of paragraph (4)(b) must be such testing as a veterinary inspector considers necessary in accordance with the relevant Diagnostic Manual.
(5) After the time limits set down in the following table a veterinary inspector must clinically examine all sentinel pigs on the premises (other than premises in England) and take a statistically valid number of samples deemed necessary for the serological testing for the presence of antibodies to the disease—
African swine fever (where disease has not been linked to vectors) | Classical swine fever | Swine vesicular disease
Number of days after the arrival of the last sentinel pig onto the premises | 45 | 40 | 28
(5A) Where the premises are in England, a veterinary inspector must—
(a) at least 15 but no more than 30 days after the last sentinel pig arrived at the premises, visit those premises; and
(b) during that visit, clinically examine the sentinel pigs and take a statistically valid number of samples for such testing for disease as the veterinary inspector considers necessary in accordance with the relevant Diagnostic Manual.
(6) A person must not allow a sentinel pig to leave premises (other than premises in England) until negative results of the serological tests taken in accordance with paragraph (5) are obtained by the veterinary inspector.
(6A) A person must not allow a sentinel pig to leave premises in England unless—
(a) the results of the tests taken in accordance with paragraph (5A)(b) are such that a veterinary inspector is satisfied that disease is not present in the sentinel pigs introduced to the premises and has not been present in the sentinel pigs during the time on which they have been on the premises; and
(b) the movement from the premises is licensed by a licensing officer.
(7) For premises that only have pigs entirely enclosed in buildings, as an alternative to the veterinary inspector restricting the number of sentinel pigs in accordance with paragraph (2), the veterinary inspector may license the introduction of an unlimited number of sentinel pigs into enclosed buildings on the premises, but in such circumstances—
(a) paragraphs (3), (4), (5) and (6) apply in relation to the introduction of the unlimited number of sentinel pigs on premises other than premises in England;
(aa) paragraphs (3A), (4), (4A), (5A) and (6A) apply in relation to the introduction of an unlimited number of sentinel pigs on premises in England;
(b) the conditions in the following table apply—
African swine fever (where disease has not been linked to vectors) | Classical swine fever | Swine vesicular disease
All the sentinel pigs must arrive on the premises within the following periods from the date of arrival of the first sentinel pig | 20 days | 20 days | 8 days
; and
(c) in the case of swine vesicular disease, a person must not allow a pig to leave the premises , other than premises in England, until at least 60 days after the arrival of the last sentinel pig.
(8) In the case of African swine fever where the disease has been linked to spread by vectors, restocking with sentinel pigs cannot take place for a period of six years.
(9) The period of six years may be reduced where a veterinary inspector has supervised vector eradication measures on infected premises and is satisfied that—
(a) the vector eradication measures have been successfully carried out under the supervision of a veterinary inspector; or
(b) the persistence of the vector no longer presents a significant risk of transmitting African swine fever.
(10) Where restocking of premises, other than premises in England, has taken place in accordance with paragraphs (8) or (9), a person must not allow a pig to leave the premises after full repopulation until serological examinations with negative results for African swine fever have been taken at least 60 days after full repopulation in accordance with the Diagnostic Manual.
(10A) Where restocking of premises in England has taken place in accordance with paragraph (8) or (9), a person must not allow a sentinel pig to leave the premises after full repopulation unless—
(a) the sentinel pigs have been monitored for a period of at least 60 days beginning with the day on which the last sentinel pig arrived at the premises;
(b) after the end of that period, a statistically valid number of samples for such testing for disease as a veterinary inspector considers necessary in accordance with the relevant Diagnostic Manual have been taken by the veterinary inspector at the occupier’s expense; and
(c) the results of those tests are such that a veterinary inspector is satisfied that disease is not present in the sentinel pigs and has not been present in the sentinel pigs during the time on which they have been on the premises.
(10B) The restocking of premises in England with sentinel pigs must—
(a) subject to sub-paragraph (c), involve all parts of the premises where pigs are kept;
(b) be carried out at the same time or within a period of 15 days beginning with the day on which the first sentinel pig arrives at the premises, unless otherwise authorised in writing by a veterinary inspector;
(c) where restocking all parts of the premises is impracticable, be in such locations and with such number of sentinel pigs as are authorised in writing by a veterinary inspector.
19 Measures on suspicion and confirmation of disease at a slaughterhouse
(1) Where a veterinary inspector has examined a pig or pig carcase at a slaughterhouse and cannot negate the presence of disease an inspector must serve a notice on the operator of the slaughterhouse imposing the following measures—
(a) no pig or carcase may be moved to or from the slaughterhouse;
(b) no other animal may be moved to or from the slaughterhouse if the veterinary inspector suspects there is a risk that it could spread disease;
(c) all biosecurity measures that the veterinary inspector believes are necessary must be taken by the operator;
(d) no pig can be slaughtered unless authorised by a veterinary inspector; and
(e) the operator must identify and isolate—
(i) any carcase of a suspect pig;
(ii) a pig that has come into contact with a suspect pig;
(iii) any carcase from the same premises as a suspect pig; and
(iv) any carcase that has been in contact with a paragraph (iii) carcase.
(2) A veterinary inspector may take samples from a pig, carcase or any other thing and have those samples tested to ascertain whether or not disease is present at the slaughterhouse.
(3) Following the results of the tests carried out under paragraph (2), where the Chief Veterinary Officer is satisfied that that disease is not present at the slaughterhouse—
(a) a veterinary inspector must as soon as reasonably practicable orally inform the operator that disease has not been found to be present, at which point the paragraph (1) measures no longer apply; and
(b) this must be followed up in writing as soon as reasonably practicable.
(4) Following the results of the tests carried out under paragraph (2), where the Chief Veterinary Officer is satisfied that disease is present at the slaughterhouse, the appropriate authority must ensure that all pigs in the slaughterhouse are slaughtered without delay under the supervision of a veterinary inspector.
(5) Following such slaughter—
(a) the operator must destroy—
(i) the carcases and offal of infected pigs;
(ii) the carcases and offal of other pigs that a veterinary inspector suspects may be infected with disease;
(iii) the carcases and offal of other pigs contaminated through contact with an infected pig or carcase;
(b) cleansing and disinfection of buildings, equipment and vehicles (including control of vectors where African swine fever has been linked to spread by vectors) must be carried out by the operator as instructed by a veterinary inspector;
(c) an epidemiological enquiry by a veterinary inspector must take place;
(d) other than in the situation in sub-paragraph (e), a veterinary inspector must notify the operator of the removal of the paragraph (1) measures at the slaughterhouse on the expiry of 24 hours after cleansing and disinfection operations have been completed at the slaughterhouse to the satisfaction of the veterinary inspector; and
(e) in the case of African swine fever, in addition to the veterinary inspector being satisfied in accordance with sub-paragraph (d), the veterinary inspector must be satisfied that any vector controls (if required) have been effectively applied before notifying the operator of the removal of the paragraph (1) measures.
(1) Where it is suspected that a feral pig is infected with disease—
(a) a veterinary inspector must take all reasonable steps to establish whether or not that suspicion is correct; and
(b) the appropriate authority must make available information regarding the suspicion to keepers and to hunters believed to be operating in the area exposed to the risk of spread of disease.
(2) Where it is suspected that a feral pig is infected with disease a veterinary inspector must—
(a) carry out investigations of any feral pigs shot or found dead in the area believed to be exposed to the risk of spread of disease; and
(b) produce a report that assesses the disease situation in feral pigs.
(3) Following the suspicion of disease in a feral pig the appropriate authority may declare a feral pig investigation zone and apply some or all of the Schedule 2 measures.
(4) The Secretary of State may also, following suspicion of disease in Wales or Scotland, declare a feral pig investigation zone in England and apply some or all of the Schedule 2 measures.
20A Removal of feral pig investigation zones in England
(1) The Secretary of State must keep in place a feral pig investigation zone until—
(a) a feral pig control zone is declared by the Secretary of State covering all or part of the area covered by the feral pig investigation zone;
(b) a restricted zone 2 is declared covering all or part of the area covered by the feral pig investigation zone; or
(c) the presence of disease has been negated.
(2) Where sub-paragraph (a), (b) or (c) of paragraph (1) applies, the Secretary of State must revoke the zone.
21 Measures on confirmation of disease in feral pigs
(1) Where the Chief Veterinary Officer concludes that African swine fever or classical swine fever is present in a feral pig, the appropriate authority must declare a feral pig control zone, and all the measures in Schedule 2 apply within that zone.
(2) Where the Chief Veterinary Officer concludes that swine vesicular disease is present in a feral pig, the appropriate authority may declare a feral pig control zone, and may apply some or all of the Schedule 2 measures.
(2A) The Secretary of State may also, following confirmation that disease is present in a feral pig in Wales or Scotland, declare a feral pig control zone in England and apply some or all of the Schedule 2 measures.
(3) Meat from a feral pig hunted in any feral pig control zone must not be placed on the market by any person unless the carcase is tested negative for disease in accordance with the relevant Diagnostic Manual and a veterinary inspector considers there is no risk of the spread of disease.
(1) The Secretary of State must keep in place a feral pig control zone until—
(a) a restricted zone 2 is declared covering all or part of the area covered by the feral pig control zone; or
(b) the Secretary of State considers, on the basis of a risk assessment, it is appropriate for the zone to be removed.
(2) Where sub-paragraph (a) or (b) of paragraph (1) applies, the Secretary of State must revoke the zone.
22 Emergency vaccination of feral pigs (other than feral pigs in England) against classical swine fever
(1) Where the Chief Veterinary Officer concludes that classical swine fever is present in a feral pig (other than a feral pig in England), and the epidemiological data available suggest that the disease threatens to spread, the appropriate authority may—
(a) introduce emergency vaccination of feral pigs in a specified area; and
(b) impose such conditions and restrictions in the specified area as the appropriate authority believes are necessary in order to enhance the effectiveness of the vaccination campaign.
(2) An occupier must comply with any such conditions and restrictions.
22A Emergency vaccination of feral pigs in England against classical swine fever and African swine fever
(1) Where the Chief Veterinary Officer concludes that classical swine fever or African swine fever is present in a feral pig in England, and the epidemiological data available indicates there is a risk of the spread of that disease, the Secretary of State may—
(a) introduce emergency vaccination of feral pigs in a specified area; and
(b) impose such conditions and restrictions in the specified area as the Secretary of State considers are necessary in order to improve the effectiveness of the vaccination campaign.
(2) An occupier must comply with any conditions or restrictions imposed under paragraph (1)(b).
(1) This regulation applies where the existence of disease has been confirmed on premises.
(2) Where the premises comprise—
(a) a slaughterhouse,
(b) a veterinary surgery where a pig has been brought for examination, or
(c) any other place to which a pig has been brought temporarily and the appropriate authority does not consider that place to be the centre of infection,
the appropriate authority may declare a protection zone and a surveillance zone around the premises.
(2A) Where African swine fever has been confirmed on premises in England, the Secretary of State—
(a) must declare a protection zone and a surveillance zone around the premises unless a restricted zone 3 is already in place, or is declared, over the premises;
(b) where a restricted zone 3 is already in place, or is declared, over the premises, may declare a protection zone and a surveillance zone around the premises.
(3) In any other case the appropriate authority must declare a protection zone and a surveillance zone around the premises.
(4) The zones must be centred on the part of the premises that the appropriate authority considers most appropriate for disease control and—
(a) a protection zone must have a radius of at least 3 kilometres;
(b) a surveillance zone around the outside of the protection zone must, subject to paragraph (5), have a radius of at least 10 kilometres.
(5) The appropriate authority may reduce the size of a surveillance zone ....
(6) The appropriate authority must ensure that within those zones, as far as is reasonably practicable—
(a) premises that contain pigs are identified; and
(b) veterinary inspectors visit such identified premises to—
(i) inspect, and as necessary examine, the pigs on the premises; and
(ii) collect and have tested such samples as the Chief Veterinary Officer considers necessary.
(6A) Paragraph (6) does not apply in relation to zones declared by the Secretary of State.
(7) The measures in Part 1 of Schedule 3 apply in a protection zone other than a protection zone declared by the Secretary of State.
(8) The measures in Part 2 of Schedule 3 apply in a surveillance zone other than a protection zone declared by the Secretary of State.
(9) The measures in Schedule 4 apply in a protection and surveillance zone other than a protection zone declared by the Secretary of State.
(9A) The measures in Schedules 3A and Parts 4 and 5 of Schedule 4A, in so far as they relate to protection zones and surveillance zones declared by the Secretary of State, apply in relation to those zones.
(10) The appropriate authority may in a declaration apply any other measure that it deems to be necessary in order to reduce the spread of disease in respect of the whole or any part of any protection zone or surveillance zone.
(11) This regulation is subject to regulation 27D (area controls following confirmation of swine vesicular disease in pigs in England).
(1) The declaration of a zone under these Regulations—
(a) must be in writing;
(b) must define the extent of the zone being declared;
(c) must specify the disease to which it relates; and
(d) may be amended or revoked by further declaration at any time.
(2) A person who keeps a pig within the zone to which the declaration relates must comply with any applicable measure that is specified in the declaration.
(3) Where a zone crosses a country border, the zone may be jointly declared by more than one appropriate authority.
24A Additional measures etc. applicable in England
The Secretary of State may apply, in England, any other measure the Secretary of State considers necessary to reduce the spread of disease in respect of the whole or any part of any zone declared by the Secretary of State under these Regulations.
25 Removal of protection and surveillance zones other than zones in England
(1) The appropriate authority must keep in place a surveillance zone for at least the following periods—
(a) in the case of African swine fever, 40 days (but if an intensive testing programme has been carried out then 20 days),
(b) in the case of classical swine fever, 20 days, or
(c) in the case of swine vesicular disease, 28 days,
after pigs from infected premises have been killed and until such cleansing and disinfection as the Chief Veterinary Officer considers sufficient has been carried out on those premises.
(2) The appropriate authority must keep in place a protection zone for at least the following periods—
(a) in the case of African swine fever, 45 days (but if an intensive testing programme has been carried out then 30 days),
(b) in the case of classical swine fever, 30 days, or
(c) in the case of swine vesicular disease, 28 days,
after pigs from infected premises have been killed and until such cleansing and disinfection as the Chief Veterinary Officer considers sufficient has been carried out on those premises.
(3) In this regulation “intensive testing programme” means testing for African swine fever in accordance with sections F and G of Chapter IV of the Diagnostic Manual.
(4) This regulation does not apply to the Secretary of State.
25A Removal of protection zones and surveillance zones in England
(1) The Secretary of State must keep in place a protection zone until—
(a) all of the requirements set out in paragraph (2) have been complied with; or
(b) a restricted zone 3 is declared covering all or part of the area covered by the protection zone.
(2) The requirements are that—
(a) all pigs from infected premises in the zone have been killed in accordance with regulation 11, unless regulation 12 applies;
(b) all carcases of the pigs killed have been disposed of in accordance with regulation 13(1) to (3);
(c) at least 15 days have elapsed since the day on which preliminary cleansing and disinfection of infected premises in the zone in accordance with regulation 13(5) was completed;
(d) veterinary inspectors have visited premises in the zone on which pigs are kept in accordance with regulation 27E(1)(b)(ii); and
(e) where the presence of vectors is suspected on infected premises in the zone where African swine fever has been confirmed—
(i) an inspector has checked any building on those premises that has housed pigs and the surrounding environment in accordance with regulation 16(1); and
(ii) vector specimens obtained (if any) have been tested in accordance with regulation 16(2).
(3) Where a protection zone ceases, the area which formed that protection zone becomes part of the surveillance zone centred on the same part of the premises as that protection zone.
(4) The Secretary of State must keep in place a surveillance zone until the requirements set out in paragraph (2)(a), (b) (d) and (e) are met and—
(a) if classical swine fever has been confirmed on premises in the zone, at least 30 days have elapsed since the day on which preliminary cleansing and disinfection of infected premises in the zone in accordance with regulation 13(5) was completed;
(b) if African swine fever has been confirmed on premises in the zone—
(i) at least 30 days have elapsed since the day on which preliminary cleansing and disinfection of infected premises in the zone in accordance with regulation 13(5) was completed; or
(ii) a restricted zone 3 is declared covering all or part of the area covered by the surveillance zone;
(c) if swine vesicular disease has been confirmed, at least 28 days have elapsed since the day on which preliminary cleansing and disinfection of infected premises in the zone in accordance with regulation 13(5) was completed.
26 Premises straddling a protection or a surveillance zone
(1) Premises which are partly inside a protection zone and partly inside a surveillance zone must be deemed to be wholly inside the protection zone.
(2) Premises which are partly inside and partly outside the outer boundary of a surveillance zone must be deemed to be wholly inside that zone.
(1) The appropriate authority must publicise—
(a) the extent of any zone declared under these Regulations (including any Restricted Zone, emergency vaccination zone or feral pig control zone);
(b) the date of the commencement of the application of the zone;
(c) the nature of the measures relating to that zone;
(d) any amendment to the extent of a zone or measures applicable in the zone; and
(e) the date from which the zone no longer applies.
(2) The local authority may where practicable erect signs or posters indicating the existence of any zone declared under these Regulations.
(1) Where the Chief Veterinary Officer has confirmed the presence of African swine fever of a kind mentioned in paragraph (2)(a) or (b) in any part of Great Britain, the Secretary of State may, if the Secretary of State considers it necessary to prevent the spread of African swine fever, declare—
(a) a restricted zone 2 in England, in the case of presence of a kind mentioned in paragraph (2)(a);
(b) a restricted zone 3 in England, in the case of a presence of a kind mentioned in paragraph (2)(b).
(2) The kinds of presence of African swine fever are—
(a) presence in two or more feral pigs;
(b) presence in domestic pigs on two or more premises.
(3) The Secretary of State may also declare—
(a) a restricted zone 2 in England, where African swine fever is present in a feral pig in Wales or Scotland;
(b) a restricted zone 3 in England, where African swine fever is present on infected premises in Wales or Scotland.
(4) The Secretary of State must declare a restricted zone 1 in England around each restricted zone 2 and restricted zone 3 that is declared.
(5) Where a Restricted Zone is declared, the appropriate measures in Schedules 3A and Parts 4 and 5 of Schedule 4A apply in relation to that zone.
To determine the size of a Restricted Zone, the Secretary of State must take into account the following—
(a) the disease profile;
(b) the geographical situation of—
(i) the infected premises;
(ii) the infected feral pigs;
(c) ecological and hydrological factors;
(d) the meteorological conditions;
(e) the presence, distribution and type of vectors (if any);
(f) the results of any epidemiological enquiry, any other studies carried out and any epidemiological data;
(g) the results of laboratory tests;
(h) other relevant epidemiological factors.
(1) The Secretary of State must keep in place a restricted zone 2 until—
(a) veterinary inspectors have visited premises in the zone in accordance with regulation 27E(1)(b)(ii); and
(b) the Secretary of State, following a risk assessment, considers it is appropriate for the zone to be revoked.
(2) The Secretary of State must keep in place a restricted zone 3 until—
(a) all domestic pigs from infected premises in the zone have been killed in accordance with regulation 11, unless regulation 12 applies;
(b) all carcases of the pigs killed have been disposed of in accordance with regulation 13(1) to (3);
(c) preliminary cleansing and disinfection of infected premises in the zone has been carried out in accordance with regulation 13(5);
(d) veterinary inspectors have visited premises in the zone in accordance with regulation 27E(1)(b)(ii); and
(e) the Secretary of State, following a risk assessment, considers it is appropriate for the zone to be revoked.
(3) The Secretary of State must keep in place a restricted zone 1 until the restricted zone 2 or restricted zone 3 it surrounds has been revoked.