S.I. No. 4/2013 - European Communities (African swine fever) Regulations 2013.
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 18th January, 2013. | ||
I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving effect to Council Directive 2002/60/EC of 27 June 20021 , (as amended by Commission Decision 2006/911/EC of 5 December 20062 , Council Directive 2006/104/EC of 20 November 20063 , Commission Decision 2007/729/EC of 7 November 20074 and Council Directive 2008/73/EC of 15 July 20085 ) hereby make the following regulations: | ||
PART 1 | ||
Citation and interpretation | ||
Citation | ||
1. These Regulations may be cited as the European Communities (African swine fever) Regulations 2013. | ||
Interpretation | ||
2. (1) In these Regulations— | ||
“authorised officer” means— | ||
(a) an authorised officer within the meaning of section 17A (inserted by the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001)) of the Diseases of Animals Act 1966 (No. 6 of 1966), | ||
(b) a member of the Garda Síochána, or | ||
(c) an officer of Customs and Excise; | ||
“African swine fever Directive” means Council Directive 2002/60/EC of 27 June 2002, as amended by Commission Decision 2006/911/EC of 5 December 2006, Council Directive 2006/104/EC of 20 November 2006, Commission Decision 2007/729/EC of 7 November 2007 and Council Directive 2008/73/EC of 15 July 2008; | ||
“Minister” means Minister for Agriculture, Food and the Marine; | ||
“premises” means a premises where pigs are kept (on a permanent or temporary basis) and includes land (including land under water), a building or other structure on the land; | ||
“product” includes a by-product; | ||
“register of pig premises” means the register established under the Diseases of Animals Act 1966 (National Pig Identification and Tracing System) Order 2002 ( S.I. No. 341 of 2002 ); | ||
“slaughterhouse” means a premises or place used for slaughtering animals the flesh of which is intended for sale for human consumption, and includes a place used in connection with the confinement of animals while awaiting slaughter; | ||
“vehicle” includes— | ||
(a) a trailer or other thing which is designed or adapted to be towed by another vehicle, | ||
(b) a detachable part of a vehicle, or | ||
(c) a container or other structure designed or adapted to be carried by or on a vehicle; | ||
“virus” means African swine fever virus; | ||
“vector” means a tick of the species Ornithodorus erraticus. | ||
(2) A word or expression that is used in these Regulations and is also used in the African swine fever Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive. | ||
PART 2 | ||
Notification of African swine fever | ||
Notification of African swine fever | ||
3. A person who is aware or suspects or who should reasonably be aware or suspect that a pig (including a feral pig) is or may be affected with African swine fever shall immediately notify the Minister of the fact or suspicion by contacting the Department of Agriculture, Food and the Marine. | ||
PART 3 | ||
Measures in case of suspicion of outbreak | ||
Suspect premises or means of transport | ||
4. (1) Where a pig on a premises or in a means of transport is suspected of being affected with African swine fever, an authorised officer shall, by notice in writing, declare the premises or means of transport on which the pig is situated to be a suspect premises or a suspect means of transport. | ||
(2) A person who owns or controls a pig on a suspect premises or a suspect means of transport shall, in accordance with a direction (if any) of an authorised officer— | ||
(a) assist the authorised officer in the examination of and the taking of samples from pigs on the premises or means of transport, | ||
(b) co-operate with an authorised officer— | ||
(i) in taking and maintaining a census of all categories of pigs on the suspect premises or suspect means of transport, and | ||
(ii) in recording in respect of each category of pig, the number that are dead and suspected of being affected with African swine fever, | ||
(c) keep and maintain records of all pigmeat, pig products, semen, embryos, ova, slurry, manure, animal feed and litter on the suspect premises, or the suspect means of transport, | ||
(d) ensure that— | ||
(i) a pig does not enter or leave the suspect premises, or the suspect means of transport, and | ||
(ii) all pigs on the suspect premises are isolated in their living quarters or another suitable place, | ||
(e) place and maintain appropriate disinfection facilities at the entrances and exits of buildings or places housing pigs and of the suspect premises itself. | ||
(3) Without prejudice to paragraph (2), an authorised officer may give a direction— | ||
(a) requiring that an animal (other than a pig) does not enter or leave a suspect premises or suspect means of transport, | ||
(b) requiring that all pigs on a suspect premises or suspect means of transport are killed under the supervision of an authorised officer and in such a way as to avoid the risk of African swine fever during transport and killing, | ||
(c) requiring that the carcasses of pigs which die or which are killed on a suspect premises or suspect means of transport are processed without undue delay under the supervision of an authorised officer, | ||
(d) requiring that the meat of pigs slaughtered on a suspect premises during the period between the probable introduction of African swine fever and implementation of the measures provided for in these Regulations, is traced and processed or, in the case of waste, feedstuffs and substances other than semen, ova and embryos, including single use materials used for slaughter, are treated or destroyed under the supervision of an authorised officer and in such a way as to ensure destruction of the virus and to avoid any risk of it spreading, | ||
(e) requiring semen, ova or embryos of pigs collected from a suspect premises during the period between the probable introduction of African swine fever to the premises are traced and destroyed in accordance with the instructions of an authorised officer in such a way as to ensure the destruction of the virus, | ||
(f) requiring a building used for housing a pig, the surroundings of the building, a vehicle used to transport a pig and other buildings or equipment likely to be affected with African swine fever, are cleaned and disinfected in accordance with the Schedule under the supervision of an authorised officer, or | ||
(g) requiring that a person do or refrain from doing anything, that the authorised officer considers appropriate, to minimise the risk of the spread of African swine fever, to control African swine fever or to eradicate African swine fever. | ||
(4) A direction of an authorised officer may contain such incidental, supplementary and consequential matters as appear to the officer to be necessary for the purposes of the direction having full effect. | ||
(5) A person shall not move or cause or permit the movement of an animal (other than a pig), a vehicle, pig carcases, pigmeat, pig products, semen, embryos, ova, slurry, manure, animal feed, utensils, materials or anything likely to transmit African swine fever from or onto a suspect premises or a suspect means of transport except in accordance with an authorisation issued by an authorised officer, | ||
(6) A person shall not enter or leave a suspect premises except in accordance with an authorisation issued by an authorised officer. | ||
Temporary control zone | ||
5. (1) The Minister may, by notice, establish a control zone around a suspect premises and apply one or more provisions of Regulation 4 to premises within that zone. | ||
(2) A premises which lies partly in a control zone is considered to lie wholly within that zone. | ||
PART 4 | ||
Confirmation of African swine fever | ||
Infected premises | ||
6. If an outbreak of African swine fever is confirmed on a premises, an authorised officer shall declare by notice the premises to be an infected premises. | ||
Measures to be applied on infected premises | ||
7. (1) The following measures apply on an infected premises— | ||
(a) all pigs on the premises shall be killed under the supervision of an authorised officer and in such a way as to avoid the risk of African swine fever during transport and killing, | ||
(b) the carcasses of pigs which have died on the premises or which have been killed in accordance with subparagraph (a) shall be processed without undue delay under the supervision of an authorised officer, | ||
(c) the meat of pigs slaughtered during the period between the probable introduction of the African swine fever to the premises and implementation of the measures provided for in these Regulations shall be traced and processed under the supervision of an authorised officer, | ||
(d) all substances likely to be contaminated, such as feedingstuffs, shall be subjected to a treatment ensuring the destruction of African swine fever virus, | ||
(e) all single use materials which may be contaminated, in particular those used for slaughter operations, shall be destroyed in accordance with the instructions of the official veterinarian, | ||
(f) semen, ova or embryos of pigs collected from the premises during the period between the probable introduction of African swine fever to the premises shall be traced and destroyed in accordance with the instructions of an authorised officer in such a way as to ensure the destruction of the virus, | ||
(g) the buildings used for housing pigs, their surroundings and the vehicles used for their transportation, as well as all other buildings, equipment, bedding, manure and slurry likely to be contaminated, shall be cleaned and disinfected or treated in accordance with the Schedule. | ||
(2) An authorised officer may issue a direction in respect of the measures in paragraph (1). | ||
(3) A person shall not re-introduce a pig to a premises following an African swine fever outbreak unless authorised in writing by an authorised officer. | ||
(4) A person shall not move pigs from a repopulated premises unless authorised in writing by an authorised officer. | ||
(5) A person shall not re-introduce an animal other than a pig to an infected premises unless authorised in writing by an authorised officer. | ||
Measures to be applied in case of an outbreak in zoos, etc. | ||
8. (1) Where African swine fever threatens to affect pigs in a laboratory, zoo, wildlife park or fenced area, or in bodies, institutes or centres approved in accordance with Article 13(2) of Council Directive 92/65/EEC of 13 July 19927 and where animals are kept for scientific purposes or purposes related to conservation of species or farm animal genetic resources, the owner or person in charge shall take all appropriate bio-security measures to prevent the animals from being affected with African swine fever, including restricting access to the place or making access subject to special conditions. | ||
(2) An authorised officer may issue a direction in respect of measures referred to in paragraph (1). | ||
(3) A person to whom a direction is issued under paragraph (2) shall comply with the direction. | ||
(4) Where African swine fever is confirmed on a premises referred to in paragraph (1), an authorised officer may direct that animals, semen ova or embryos need not be killed and destroyed if the officer is satisfied that all necessary measures are in place to prevent any risk of spreading African swine fever virus. | ||
Cleaning disinfection and treatment with insecticides | ||
9. A person shall carry out cleaning and disinfection and if required, treatment with insecticides of an infected premises in accordance with the Schedule, under the supervision of and in accordance with any instructions given by an authorised officer. | ||
PART 5 | ||
Contact premises | ||
Contact premises | ||
10. (1) A premises is a contact premises where an authorised officer considers on the basis of an epidemiological enquiry that African swine fever may have been introduced as a result of the movement of persons, animals, products of animal origin or vehicles from other premises. | ||
(2) An authorised officer may by notice declare a premises to be a contact premises and apply any or all of the provisions of Regulations 4 and 7 to the premises. | ||
(3) A notice under paragraph (2) remains in effect until withdrawn by an authorised officer. | ||
PART 6 | ||
Protection and Surveillance Zones | ||
Protection and surveillance zones | ||
11. (1) The Minister shall, by notice establish around a premises where African swine fever is confirmed— | ||
(a) a zone with a radius of at least 3 kilometres (“protection zone”), and | ||
(b) a zone with a radius of at least 10 kilometres, including the protection zone (“surveillance zone”). | ||
(2) A premises which is partly in a surveillance zone and partly in a protection zone is deemed to be wholly in the protection zone. | ||
(3) A premises which is partly in a surveillance zone and partly outside that zone (but not in a protection zone) is deemed to be wholly in the surveillance zone. | ||
(4) If a protection zone or surveillance zone established in Northern Ireland abuts the State, the Minister shall establish such a zone in that part of the State. | ||
Measures to be applied in a protection zone | ||
12. (1) A premises with pigs located in a protection zone shall, if not already entered on the register of pig premises, be registered. | ||
(2) A census of all pigs present on all premises within the protection zone shall be carried out and maintained under the supervision of an authorised officer. | ||
(3) A veterinary inspection shall be carried out on all premises with pigs located in a protection zone which inspection shall include, in particular, documentation relating to the pigs and the measures applied to prevent the introduction or spread of the virus. | ||
(4) A person shall not move a pig or other animal from the premises where it is kept, or onto a premises located in the protection zone except in accordance with an authorisation issued by an authorised officer. | ||
(5) The owner or person in control of a premises located in a protection zone shall immediately notify the Minister of all dead or diseased pigs. | ||
(6) A person shall not move a vehicle which has been used to transport pigs or other livestock or material likely to be infected with African swine fever virus within a protection zone unless the vehicle is cleaned and disinfected and, if necessary, treated with insecticides, in accordance with the Schedule. | ||
(7) A person shall not move a vehicle which has been used to transport pigs from a protection zone unless the vehicle is cleaned and disinfected, inspected and authorised by an authorised officer. | ||
(8) A person shall not move semen, ova or embryos of a pig from a premises located in a protection zone. | ||
(9) A person entering or leaving a premises located in a protection zone shall observe appropriate bio-security measures to reduce the risk of spread of the virus. | ||
Movement of animals and their products in a protection zone | ||
13. (1) A person shall not bring a pig into or move or transport a pig within a protection zone unless authorised under paragraph (2). | ||
(2) An authorised officer may, no earlier than 30 days after the protection zone has been established, authorise the movement of pigs from a premises within a protected zone: | ||
(a) direct for slaughter, or | ||
(b) to a processing or other suitable place where the pigs are immediately killed and their carcases processed under official supervision, or | ||
(c) in exceptional circumstances, directly to another premises within the same protection zone. | ||
(3) The measures applied in a protection zone shall be maintained until withdrawn by notice by the Minister and: | ||
(a) at least 30 days have elapsed since the killing and disposal of all pigs from infected premises and the completion of preliminary cleaning and disinfection and, if necessary, treatment with insecticides, of the premises, and | ||
(b) pigs on all premises situated in the protection zone have undergone clinical and, where necessary, laboratory examinations as laid down in the diagnostic manual in order to detect the possible presence of the virus. | ||
(4) The Minister may, by notice, authorise the transit of animals through a protection zone undertaken exclusively through national roads, motorways or mainline railways, and without unloading or stopping. | ||
Measures to be applied in a surveillance zone | ||
14. (1) The following measures apply in a surveillance zone— | ||
(a) any premises with pigs that is not already entered on the register of pig premises shall be registered and a census of all pigs present on all premises within the surveillance zone shall be carried out as soon as possible and be kept up to date, | ||
(b) the owner or person in charge of dead pigs or pigs affected with African swine fever on a premises within the surveillance zone shall immediately notify the Minister by contacting the Department of Agriculture, Food and the Marine, | ||
(c) a person shall not move a pig from a premises or transport a pig within a surveillance zone unless authorised, in writing, by an authorised officer and— | ||
(i) the movement of pigs is directly for slaughter no earlier than 21 days after cleaning and disinfecting has been completed, or | ||
(ii) in exceptional circumstances, the movement of pigs is directly to another premises within the same surveillance zone no earlier than 21 days after cleaning and disinfecting has been completed, or | ||
(iii) the pigs have been certified by an authorised officer as coming from premises outside the surveillance zone. | ||
(d) A person shall not move an animal onto or off a premises located within a surveillance zone during the 7 days after the establishment of the zone except in accordance with an authorisation issued by an authorised officer, | ||
(e) A vehicle which has been used to transport pigs or other animals or matter likely to be affected with African swine fever virus may not be moved within a surveillance zone unless cleaned and disinfected in accordance with the Schedule, | ||
(f) A person may not move semen, ova or embryos of pigs from a premises situated in the surveillance zone, and | ||
(g) a person shall not enter or leave a premises situated in a surveillance zone without observing appropriate bio-security measures to reduce the risk of spread of the virus. | ||
(2) The measures in a surveillance zone shall be maintained until withdrawn by notice issued by the Minister, and at least until— | ||
(a) cleaning and disinfection of all infected premises situated in the surveillance zone is completed, | ||
(b) pigs on all premises situated in the surveillance zone have undergone clinical and, where necessary, laboratory examinations as laid down in the diagnostic manual in order to detect the possible presence of the virus. | ||
(3) The Minister may, by notice, authorise the transit of pigs through the surveillance zone undertaken exclusively through national roads, motorways or mainline railways, and without stopping or unloading. | ||
Additional measures to be applied in a surveillance zone | ||
15. The Minister may, by notice, apply additional measures which are in his or her opinion necessary and proportionate to contain African swine fever taking into account the particular epidemiological, animal husbandry, commercial and social conditions prevailing in a surveillance zone. | ||
PART 7 | ||
Slaughterhouses and means of transport | ||
Slaughterhouses and means of transport | ||
16. (1) Without prejudice to Regulation 7, if a case of African swine fever is confirmed in a slaughterhouse or in a means of transport, an authorised officer shall by notice require that— | ||
(a) all pigs in the slaughterhouse or the means of transport be killed without delay, | ||
(b) the pig carcasses, other animal waste, including offal, affected or suspected of being infected with African swine fever virus be processed under the supervision of an authorised officer in such a way as to avoid the risk of African swine fever spreading, and | ||
(c) cleaning and disinfection of buildings, transport vehicles and equipment, shall take place in accordance with the Schedule. | ||
(2)(a) An authorised officer may, by notice, apply Regulation 4 to a premises or a vehicle from which pigs or carcases affected with African swine fever were sourced or with which pigs or carcases affected with African swine fever had contact. | ||
(b)An authorised officer may, by notice, apply Regulations 4, 7 or 10 to a premises from which pigs or carcases affected with African swine fever were sourced or with which pigs or carcases affected with African swine fever had contact. | ||
(3) A person shall not introduce animals for slaughter, inspection or transport to a slaughterhouse or means of transport, referred to in paragraph (1) until at least 24 hours after completion of the cleaning and disinfection operations referred to in paragraph (1)(c). | ||
PART 8 | ||
Measures in case of suspicion and confirmation of African swine fever in feral pigs | ||
Side Note | ||
17. (1) If African swine fever is confirmed in the State (including among feral pigs), the Minister may by notice declare the State or part of the State to be an infected area and may require that some or all of the measures in Article 15.2(b) of the African swine fever Directive as appropriate be applied to premises situated within the infected area | ||
(2) Where an infected area in Northern Ireland established by the competent authorities in that jurisdiction extends to part of the territory of the State, the Minister shall establish such an area in that part of the State and the measures provided for in these Regulations for such infected areas apply to premises within the areas so established. | ||
PART 9 | ||
Prohibition on Vaccination | ||
Prohibition on Vaccination | ||
18. (1) A person shall not administer a African swine fever vaccine to an animal except in accordance with a notice issued by the Minister (“vaccination notice”). | ||
(2) A vaccination notice may be subject to any conditions that the Minister considers appropriate. | ||
PART 10 | ||
Compensation | ||
Compensation | ||
19. (1) The Minister may pay compensation for pigs or pig products destroyed under these regulations including pigs that have died before being killed, slaughtered or destroyed. | ||
(2) Compensation shall not exceed the open market value of pigs, pig products as if not affected with African swine fever. | ||
(3) In the interest of controlling African swine fever, minimising the risk of African swine fever and curtailing the spread of African swine fever, the determination of compensation or ownership of pigs or pig products shall not delay the killing, slaughter, destruction or disposal of the pigs or pig products which shall proceed under the direction of an authorised officer prior to the determination. | ||
Valuers | ||
20. (1) The Minister may appoint such and so many persons who, in his or her opinion, have experience in valuing pigs or pig products or knowledge of the current value of pigs or pig products to carry out valuations of pigs or pig products for the purposes of assessing compensation (“valuer”). | ||
(2) An officer of the Minister may furnish a valuer with a warrant of his or her appointment and, if requested by a person affected, the valuer shall produce the warrant for inspection. | ||
(3) The owner or person in charge of pigs or pig products subject to a claim for compensation under these Regulations, his or her employees, servants or agents shall give all assistance required and co-operate with a valuer. | ||
(4) A valuer or an arbitrator appointed under these Regulations shall not act in a specific case if he or she considers that there is a conflict of interest, or the person seeking compensation— | ||
(i) is a member of the valuer’s or arbitrator’s family or other relative, | ||
(ii) is a person with whom the valuer or arbitrator has a business relationship, or | ||
(iii) is a person with whom the valuer or arbitrator has, or has had, a social relationship, the nature of which may call into question the valuer’s or arbitrator’s independence or objectivity. | ||
(5) Subject to paragraph (9), a valuer or arbitrator is independent in the exercise of his or her functions. | ||
(6) If a valuer (including a valuer to whom paragraph (8) refers) values pigs or pig products he or she shall immediately send a written report, in a form that the Minister may determine, to the owner and the Minister. | ||
(7) If the owner of pigs or pig products or the Minister is dissatisfied with the determination of a valuer, he or she may within 7 days of the date of the report referred to in paragraph (6), request a second valuation. | ||
(8) If a person requests a second valuation under paragraph (7), the valuation shall be carried out by a valuer chosen by the Minister. | ||
(9) The Minister may issue guidelines, including guidelines relating to the maximum compensation payable, relating to valuations and a valuer or an arbitrator appointed under Regulation 18 shall have regard to the guidelines. | ||
Arbitration | ||
21. (1) If the owner of a pig or pig product, or the Minister is dissatisfied with the determination of a valuer under Regulation 20(7), he or she may, no later than 14 days after the date of the valuer’s report, request that the matter be settled by arbitration. | ||
(2) An arbitrator shall be chosen by the person seeking compensation from a list of at least 3 persons furnished to him or her by the Minister. | ||
(3) The Arbitration Act 2010 (No. 1 of 2010) applies to arbitration under this Regulation. | ||
(4) The determination of an arbitrator is binding on both parties save that, on a point of law, either party may appeal to the High Court. | ||
Abatement of compensation | ||
22. The Minister may reduce or refuse to pay an amount of compensation established under these Regulations, if in his or her opinion_ | ||
(a) the applicant failed to take reasonable measures to alleviate the risk, or spread, of African swine fever, | ||
(b) the applicant failed to take appropriate bio-security measures including measures (if any) prescribed in an Order or specified in a notice under the Diseases of Animals Act 1966 (No. 6 of 1966), | ||
(c) applicant is not the owner of the pig to which the application relates, | ||
(d) the applicant has obstructed or impeded, or failed to give assistance to, an authorised officer, valuer or arbitrator, | ||
(e) the applicant is not the owner of pigs or pig products to which the application relates, | ||
(f) the applicant in making an application for compensation, fails to give information required or gives information that is false or misleading in a particular respect, | ||
(g) the applicant has contravened the Diseases of Animals Act 1966 , these Regulations or regulations made under the European Communities Act 1972 relating to an animal, animal product or animal feed, or | ||
(h) the pigs or pig products to which an application relates have been imported, sold, supplied, moved or otherwise dealt with in contravention of these Regulations or regulations made under the European Communities Act 1972 . | ||
Part 11 | ||
Authorised officers, offences etc. | ||
Functions of authorised officer | ||
23. (1) An authorised officer may— | ||
(a) enter and inspect, at all reasonable times, any premises of which he or she has reasonable grounds for believing that— | ||
(i) an animal, animal product, animal feed or vector is, may be or has been present, | ||
(ii) a record relating to an animal, animal product or animal feed is, may be or has been present, or | ||
(iii) equipment or machinery used in connection with an animal, animal product or animal feed is, may be or has been present, | ||
(b) examine an animal, animal product or animal feed, | ||
(c) inspect a vehicle, vessel, aircraft, container, equipment, machinery or other thing used in connection with an animal and require a person in charge or control of such to refrain from moving it, | ||
(d) require the owner or person in charge of a premises to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require, | ||
(e) demand the name and address of a person, including the owner or person in possession or control of an animal, animal product, animal feed or other thing, | ||
(f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection, | ||
(g) set equipment to capture or restrain an animal, or | ||
(h) set traps for vectors. | ||
(2) Where an authorised officer has reasonable grounds for believing that— | ||
(a) there is a risk of African swine fever, | ||
(b) African swine fever is or may be present on a premises, | ||
(c) an animal, animal product and or other thing may be affected by African swine fever, | ||
(d) an offence is being or has been committed under regulations made under the European Communities Act 1972 relating animals or African swine fever, or | ||
(e) evidence of African swine fever, or an offence or contravention to which paragraph (c) relates may be, is or has been on a premises, | ||
the officer may, in addition to the powers exercisable by him or her under paragraph (1)— | ||
(i) search the premises, | ||
(ii) if necessary, stop and search or cause to have stopped, a vehicle, vessel, aircraft, container, equipment, machinery or other thing used in connection with an animal, and may require it to be moved for inspection to such places he or she directs, | ||
(iii) take, without making a payment, samples from an animal, animal product, animal feed or other thing relating to an animal, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient, | ||
(iv) give such direction to a person who has an animal, animal feed, animal product, a vehicle, vessel, container, equipment, machinery or other thing used in connection with an animal or animal product in his or her possession or under his or her control or information relating to such, as the authorised officer may reasonably consider necessary for the purposes of these Regulations, | ||
(v) seize and detain an animal, animal product, animal feed, vehicle, container, equipment, machinery, record or other thing, or | ||
(vi) mark or otherwise identify an animal, animal product, animal feed, vessel, vehicle, machinery, equipment or other thing used in connection with an animal or a sample taken under paragraph (iv). | ||
(3) An authorised officer may enter, at all reasonable times, a premises to carry out surveys or programmes relating to animal welfare, animal health or African swine fever surveillance. | ||
(4) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling unless he or she has obtained a search warrant under Regulation 24 other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under Regulation 24, any evidence of an offence referred to in paragraph (2)(c) is being or is likely to be disposed of or destroyed. | ||
(5) An authorised officer, when exercising a power under this Regulation, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the performance of the power. | ||
(6) An authorised officer may use reasonable force, if necessary, in the exercise of his or her powers under this Regulation. | ||
(7) If, in the course of exercising a power under this Regulation, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, it may be seized and retained for use in evidence in criminal proceedings for an offence under these Regulations. | ||
(8) An authorised officer who is not a member of the Garda Síochána an officer of Customs and Excise in uniform, shall not stop a vehicle in a public place for the purposes of paragraph (2)(ii), unless he or she is accompanied by such a member. | ||
(9) Nothing in these Regulations shall be construed as affecting a power conferred by another enactment to search, or to stop, seize or detain property, which may be exercised by a member of the Garda Síochána or an officer of Customs and Excise. | ||
(10) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations. | ||
Assistance to authorised officer | ||
24. A person who has pigs, pig products, animal feed, a vehicle, farm machinery, equipment or a document relating to anything to which these Regulations refer in his or her possession or under his or her control, the servant, agent or employee of the person shall give any assistance requested to an authorised officer or person who accompanies an authorised officer. | ||
Search warrant | ||
25. (1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for suspecting— | ||
(a) there are or were pigs, pig products or equipment or other thing made used or adapted for use (including manufacture and transport) in connection with pigs on a premises, | ||
(b) evidence of or relating to the commission or intended commission of an offence under these Regulations is to be found on a premises, | ||
(c) a document or other record related to a thing to which subparagraph (a) or (b) refers is or may be on a premises, | ||
the judge may issue a search warrant. | ||
(2) A search warrant under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary, at any time, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter (if necessary by use of reasonable force) the premises named in the warrant. | ||
(3) If a premises is entered under a search warrant, an authorised officer so entering may exercise all or any of the powers conferred on an authorised officer under these Regulations. | ||
Obstruction, etc. | ||
26. A person shall not— | ||
(a) obstruct or impede an authorised officer (or a person who accompanies an authorised officer) in the exercise of his or her powers under these Regulations. | ||
(b) fail, without reasonable cause, to comply with a requirement or direction of an authorised officer under these Regulations, | ||
(c) fail, without reasonable cause, to give assistance to an authorised officer in accordance with these Regulations, or | ||
(d) in purporting to give information to an authorised officer for the performance of the officer’s powers under these Regulations: | ||
(i) make a statement that he or she knows to be false in a material particular or recklessly make a statement which is false in a material particular, or | ||
(ii) fail to disclose a material particular. | ||
Forgery | ||
27. (1) A person shall not forge or utter knowing it to be forged— | ||
(a) a notice, or | ||
(b) a direction or requirement of an authorised officer under these Regulations (if the requirement or direction is in documentary form), | ||
(hereafter in this Regulation referred to as a “forged document”). | ||
(2) A person shall not alter with intent to defraud or deceive, or to utter knowing it to be so altered— | ||
(a) a notice, or | ||
(b) a direction or requirement of an authorised officer under Regulation (if the requirement or direction is in documentary form), | ||
(hereafter in this Regulation referred to as an “altered document”). | ||
(3) A person shall not have, without lawful authority (the proof of which lies on him or her), in his or her possession or under his or her control a forged document or an altered document. | ||
Offences, etc. | ||
28. (1) A person who contravenes or aids or abets a contravention of— | ||
(a) Regulation 3, 4(2), (5), (6) or (7), 7(3), 8(1) or (3), 9, 10 (3), 12 (4), (5), (6) or (7), 13(1) or (3), 14 or 26, | ||
(b) a notice under Regulation 13(2), 15 or 16(2), | ||
(c) a direction of an authorised officer under Regulation 4(3), 7(4), 7(5) or 8(4), | ||
commits an offence and is liable— | ||
(i) on summary conviction, to a Class A fine, or to imprisonment for a term not exceeding 6 months, or to both, or | ||
(ii) on conviction on indictment, to a fine not exceeding €250,000, or to imprisonment for a term not exceeding 12 months, or to both. | ||
(2) If an offence under these Regulations is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval of or to have been attributable to the willful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purported to act in any such capacity, that person, as well as the body corporate, commits offence and is liable to be proceeded against and punished as if he or she is guilty of the offence. | ||
(3) If the affairs of a body corporate are managed by its members, paragraph (2) applies in relation to the acts and defaults of a member in connection with the functions of management as if the member were a director or manager of the body corporate. | ||
(4) An offence under these Regulations may be prosecuted in a summary manner by the Minister. | ||
Evidence on certificate | ||
29. (1) In proceedings for an offence consisting of a contravention of these Regulations, a certificate purporting to be signed by a person employed at a laboratory named in the certificate stating the capacity in which that person is so employed and stating— | ||
(a) that the person received a sample submitted to the laboratory, | ||
(b) that, for such period as is specified in the certificate, the person had in his or her custody a sample so submitted, | ||
(c) that the person gave to such other person as is specified in the certificate a sample so submitted, or | ||
(d) that the person carried out any laboratory examination for the purpose of detecting the presence of African swine fever, in a sample so submitted, or that the sample was positive for African swine fever, | ||
is, unless the contrary is shown, evidence of the matters stated in the certificate. | ||
(2) A certificate purporting to be signed by an officer of the Minister and to certify that on a specific day or days or during the whole of a specified period— | ||
(a) a person was or was not the holder of a movement notice, or | ||
(b) that a particular movement notice was subject to a particular condition or conditions, | ||
is, without proof of the signature of the person purporting to sign the certificate or that he or she is an officer of the Minister, evidence, unless the contrary is shown, of the matters stated in the certificate. | ||
(3) In any proceedings, evidence of a notice may be given by producing a copy of the notice which has endorsed on it a certificate purporting to be signed by an officer of the Minister stating that the copy is a true copy is, without proof of the signature of the person purporting to sign the certificate or that he or she is an officer of the Minister, evidence, unless the contrary is shown, of the notice. | ||
(4) In proceedings for an offence under these Regulations, the court may, if it considers that the interests of justice so require, direct that oral evidence of the matters stated in a certificate under paragraph (1), (2) or (3) be given, and the court may for the purpose of receiving oral evidence adjourn the matter. | ||
(5) In any proceedings, evidence of an act of the institutions of the European Community may be given by production of a copy of the act certified by an officer of the Minister to be a copy of the act, and it is not necessary to prove the signature of the officer or that he or she is an officer of the Minister. | ||
(6) Paragraph (5) is in addition to and not in substitution for the European Communities (Judicial Notice and Documentary Evidence) Regulations 1972 ( S.I. No. 341 of 1972 ). | ||
Notices and directions | ||
30. (1) A notice, authorisation or direction issued under these Regulations, may be given— | ||
(a) generally by publishing notice of it in at least one newspaper published in the State and circulating in the area referred to which the notice or by such other means as the Minister considers appropriate, or | ||
(b) by giving it directly to a person or by leaving it at the premises concerned. | ||
(2) Where not explicitly provided for in a Regulation, an authorised officer may, nevertheless, issue a direction to a person relating to a requirement in the Regulation, either verbally or in writing by giving it directly to the person concerned or leaving it at the premises or premises concerned or by any other method as the Minister considers appropriate. | ||
(3) The Minister or an authorised officer may revoke or amend a notice, a direction or an authorisation issued under these Regulations. | ||
(4) A notice or direction under these Regulations remains in force until it is amended or revoked by another notice or direction unless the notice or direction specifically states otherwise. | ||
Service of documents | ||
31. (1) A notice or other document required to be served on, sent or given to a person under these Regulations shall, subject to paragraph (2), be addressed to the person concerned by name, and may be served on, sent or given to the person in one of the following ways— | ||
(a) by delivering it to the person; | ||
(b) by leaving it at the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address; | ||
(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; | ||
(d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice or other document relates to any lands or other place of business by affixing it in a conspicuous position at or near the lands or other place of business; | ||
(e) if the person concerned has agreed to service of notices by means of an electronic communication (within the meaning assigned by section 2 of the Electronic Commerce Act 2000 ), service by such means, provided that there is a facility for confirming receipt of electronic communication and that such receipt has been confirmed; or | ||
(f) where there is a facility for receiving a facsimile of the notice, by electronic means at the address at which the person ordinarily resides or carries on business, by transmitting a facsimile of the notice, the receipt of which is confirmed by the sender’s facsimile, by such means to that address. | ||
(2) Where a notice or other document required or authorised under these Regulations to be served on, sent or given to a person who is the owner of lands or other place of business and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”. | ||
(3) For the purposes of this Regulation, a company within the meaning of the Companies Acts is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business. | ||
(4) The Minister may authorise in writing an officer of the Minister to issue a notice under these Regulations. | ||
Revocation | ||
32. The Diseases of Animals Act 1966 (Notification and control of Animal Diseases) Order 2008 ( S.I. No. 101 of 2008 ) is amended, in the Schedule by deleting the reference to “African swine fever”. | ||
SCHEDULE | ||
Principles and procedures for cleansing, disinfection and treatment with insecticides | ||
1. General principles and procedures: | ||
(a) the cleansing and disinfection operations and, where necessary, the measures to destroy rodents and insects using officially authorised products must be carried out under official supervision and in accordance with the instructions given by the official veterinarian; | ||
(b) the disinfectants to be used and their concentrations must be officially approved by the competent authority to ensure destruction of African swine fever virus; | ||
(c) the efficacy of disinfectants must be regularly checked before use, as the efficacy of certain disinfectants is diminished by prolonged storage; | ||
(d) the choice of disinfectants, insecticides and of procedures for disinfection and disinsectisation must be made taking into account the nature of the premises, vehicles and objects which are to be treated; | ||
(e) the conditions under which degreasing agents, disinfectants and insecticides are used must ensure that their efficacy is not impaired. In particular technical parameters indicated by the manufacturer, such as pressure, minimum temperature and required contact time must be observed; | ||
(f) irrespective of the disinfectant used, the following general rules should be applied: | ||
— thorough soaking of bedding and litter as well as faecal matter with the disinfectant, | ||
— washing and cleansing by careful brushing and scrubbing of the ground, floor, ramps and walls, if possible after the removal or dismantling of equipment or installations so as not to impair the effective cleansing and disinfection procedures, | ||
— then, further application of disinfectant for a minimum contact time as stipulated in the manufacturers recommendations, | ||
— the water used for cleaning operations must be disposed of in such a way as to avoid any risk of spreading the virus, in accordance with the instructions of the official veterinarian; | ||
(g) where washing is carried out with liquids applied under pressure, recontamination of the previously cleansed parts must be avoided; | ||
(h) washing, disinfecting or destroying of equipment, installations, articles or compartments likely to be contaminated must be included; | ||
(i) following the disinfection procedures, re-contamination must be avoided; | ||
(j) cleansing, disinfection and disinsectisation required in the framework of this Directive must be documented in the holding or vehicle register and where official approval is required, be certified by the supervising official veterinarian. | ||
2. Special provisions on the cleansing and disinfection of infected holdings: | ||
(a) preliminary cleansing and disinfection: | ||
— during the killing of the animals, all necessary measures must be taken to avoid or minimise the spread of African swine fever virus. Those measures include, inter alia, the installation of temporary disinfection equipment, supply of protective clothing, showers, decontamination of used equipment, instruments and facilities and the interruption of power supply to the ventilation, | ||
— carcases of killed animals must be sprayed with disinfectant, | ||
— if the carcases have to be removed from the holding for processing, covered and leak proof containers must be used, | ||
— as soon as the carcases of the pigs have been removed for processing, those parts of the holding in which the animals were housed and any parts of other buildings, yards etc., contaminated during killing, or post-mortem examination must be sprayed with disinfectants approved in accordance with Article 12, | ||
— any tissue or blood spilled during slaughter or post-mortem or gross contamination of buildings, yards, utensils etc. must be carefully collected and processed with the carcases, | ||
— the disinfectant must remain on the surface for at least 24 hours; | ||
(b) final cleansing and disinfection: | ||
— manure and used bedding must be removed and treated as provided in point 3(a), | ||
— grease and dirt must be removed from all surfaces by the application of a degreasing agent and the surfaces washed with water, | ||
— after washing with cold water, further spraying with disinfectant must be applied, | ||
— after seven days the premises must be treated with a degreasing agent, rinsed with water, sprayed with disinfectant and rinsed again with water. | ||
3. Disinfection of contaminated bedding, manure and slurry: | ||
(a) manure and used bedding must be stacked to heat, sprayed with disinfectant and left for at least 42 days or destroyed by burning or burying; | ||
(b) slurry must be stored for at least 60 days after the last addition of infective material, unless the competent authorities authorise a reduced storage period for slurry which has been effectively treated in accordance with the instructions given by the official veterinarian so as to ensure the destruction of the virus. | ||
4. However, by way of derogation from points 1 and 2, in the case of open-air holdings the competent authority may establish specific procedures for cleansing and disinfection, taking into account the type of holding and the climatic conditions. | ||
| ||
GIVEN under my Official Seal, | ||
9 January 2013. | ||
SIMON COVENEY, | ||
Minister for Agriculture, Food and the Marine. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||
These Regulations implement Council Directive 2002/60/EC of 27 June 2002, as amended by Commission Decision 2006/911/EC of 5 December 2006, Council Directive 2006/104/EC of 20 November 2006, Commission Decision 2007/729/EC of 7 November 2007 and Council Directive 2008/73/EC of 15 July 2008 laying down specific measures for the control of African swine fever. | ||
1 OJ No. L 192, 20.07.2002, p. 27 2 OJ No. L346, 09.12.2006, p. 41 3 OJ No. L363, 20.12.2006, p. 352 |
