S.I. No. 31/2025 - Avian Influenza (Precautionary Confinement of Birds and Restriction on Assembly of Live Birds) Regulations 2025

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th February, 2025.

The Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on him by section 36 of the Animal Health and Welfare Act 2013 (No. 15 of 2013), makes the following regulations:

1. These are the Avian Influenza (Precautionary Confinement of Birds and Restriction on Assembly of Live Birds) Regulations 2025 and come into operation on 17th February 2025.

2. In these Regulations:

“direction” means a direction under Regulation 4;

“poultry” means birds kept in captivity for the production of meat or eggs for consumption, the production of other products, for restocking supplies of game birds or for the purposes of breeding for the production of these categories of birds;

“other captive bird” means a bird other than poultry that is kept in captivity;

“secure building” means a building where poultry or other captive birds are confined in a manner that they cannot come into contact with wild birds and other birds cannot come into contact with birds confined to the building.

3. (1) A person who has poultry or other captive birds in his or her possession or under his or her control shall take all reasonable steps to confine such poultry or captive birds –

(a) in a secure building in accordance with the biosecurity measures set out in the Schedule, or

(b) where it is not possible to confine poultry or other captive birds within a secure building, to confine them in a manner that they do not have access to other poultry, other captive birds or wild birds, in accordance with the biosecurity measures in the Schedule.

(2) A person who has birds referred to in paragraph (1) in his or her possession or under his or her control shall take all necessary steps to ensure that the birds do not come into contact with other birds.

4. (1) It is sufficient compliance with Regulation 3 (1) if birds referred to in that provision are confined in accordance with a direction.

(2) A direction shall be in legible form or, if in non-legible form, capable of being reproduced in legible form and may be varied or revoked by further direction.

(3) An authorised officer may issue a direction, attach conditions to a direction, vary a condition, insert a new condition, revoke a direction or refuse an application.

(4) An authorised officer shall not issue a direction unless the officer is satisfied that all necessary precautions are, and will remain, in operation to prevent the risk of an outbreak of avian influenza.

(5) Notwithstanding the generality of paragraph (3), a condition to a direction may include provisions relating to-

(a) the confinement of birds,

(b) the supply of feed and water to birds confined to a premises,

(c) biosecurity, including disinfection procedures, and measures to prevent transfer of contamination,

(d) control of vermin, and

(e) the movement of persons, vehicles and equipment.

(6) A person to whom a direction is given shall comply with the direction.

(7) If an authorised officer revokes a direction, he or she shall-

(a) notify the person concerned in writing of the decision and the reasons for the decision, and that he or she may make representations to the Minister in relation to the decision within 7 days of the date of the notification,

(b) consider a representation duly made, and

(c) confirm, modify or annul the decision and notify the person concerned of the decision and the reasons for the decision.

5. A person shall not –

(a) organise or take part in an event which involves assembling birds,

(b) sell or supply a live bird at a fair, market, mart or other gathering, or

(c) have a live bird in his or her possession or under his and her control at an event to which paragraph (1) or (2) relates.

6. Regulation 5 does not apply to the assembly of pigeons for racing and associated purposes.

7. Regulations 3, 4 (6) and 5 are penal provisions to which section 36 (4) (b) of the Animal Health and Welfare Act 2013 applies.

Schedule

Regulation 3

Biosecurity measures

1. All necessary measures to reduce the movement of people, vehicles or equipment to and from areas where poultry or other captive birds are kept.

2. All necessary measures to minimise the risk that poultry or other captive birds will become affected with avian influenza through exposure to manure, slurry or other products.

3. Effective vermin control, including preventing the entry of wild and domestic animals to land or premises where poultry or other captive birds are kept.

4. Feed and bedding must be stored in such a manner that other animals, including wild birds, do not have access.

5. A person who has contact with poultry or other captive birds must take all reasonable measures to avoid the transfer of avian influenza virus to or from land or premises where poultry or other captive birds are kept, including cleansing and disinfection of equipment, vehicles and footwear that has been in contact with poultry or other captive birds.

6. Provide at all entry and exit points of land or premises where poultry or other captive birds are kept, disinfection points containing sufficient amount of a disinfectant that is effective against avian influenza virus used in accordance with the manufacturer’s guidelines.

7. All necessary measures must be taken to prevent access by wild birds to land or premises where poultry or other captive birds are kept.

8. Provide feed and water to poultry or other captive birds in such a way that is not accessible to wild birds.

9. Take all necessary measures to prevent overgrowth of vegetation or accumulation of uncovered water on the land or premises.

10. Remove from land or premises where poultry or other captive birds are kept anything that might attract wild birds from the premises such as fallen fruit or uneaten feed.

11. Take all necessary measures to thoroughly clean and disinfect buildings and equipment at the end of each production cycle, using a disinfectant that is effective against avian influenza viruses at the right concentration.

12. In respect of poultry or other captive birds referred to in Regulation 3 (1) (b), an outdoor area to which poultry and other captive birds have access must be fenced to confine the birds and must be actively managed to ensure-

(a) the area is not contaminated with feathers or faecal material from wild birds and all reasonable steps are taken to remove such contamination, if present,

(b) the area is fenced to keep the poultry or other captive birds confined within the area and to prevent wild birds from having access to the area,

(c) access to open or permanent standing water is restricted by fencing-off and netting ponds, standing water or waterlogged land,

(d) feed and water and bedding must be stored indoors, in such a manner that they are not accessible to other animals, including wild birds,

(e) poultry and other captive birds are fed indoors or under a covered area in a manner that the feed and water is not accessible to wild birds,

(f) appropriate usen is made of devices such as streamers, bird scarers or foils to discourage wild birds.

(g) carcasses are removed immediately from the area,

(h) regular cleansing and disinfection are carried out on all concrete walkways, paths and similar surfaces to which poultry or other captive birds have access,

(i) there is regular inspection of the area, and

(j) all necessary measures are taken to prevent overgrowth of vegetation or accumulation of uncovered water on the land.

13. Captive raptors (birds of prey) may be exercised outdoors provided contact with wild birds is avoided.

GIVEN under the Official Seal of the Minister for Agriculture, Food and the Marine,

14 February, 2025.

MICHEAL SHEAHAN,

An officer authorised to authenticate the official Seal of the Minister.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations provide for the housing of domestic poultry and captive birds and the restriction on assembly of live birds as precautionary measures against risk of avian influenza.