1. Citation and application

2. Interpretation

3. Salmonella control plan

4. Bacteriological Sampling

5. Prohibition

6. Notice

7. Registration of producers

8. Records

S.I. No. 565 of 2010

DISEASES OF ANIMALS ACT 1966 (CONTROL OF SALMONELLA IN DUCKS) ORDER 2010

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 3rd December, 2010.

I, BRENDAN SMITH, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by sections 3, 12, 13, 15, 26, 27 and 28 (as amended by section 6 of the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001)) of the Diseases of Animals Act 1966 (No. 6 of 1966) as adapted by the Agriculture and Food (Alteration of Name of Department and Title of Minister) Order 2007 ( S.I. No. 705 of 2007 ), hereby order as follows:

Citation and application

1. (1) This Order may be cited as the Diseases of Animals Act 1966 (Control of Salmonella in Ducks) Order 2010.

(2) This Order applies only to ducks and their eggs.

Interpretation

2. In this Order-

"authorised officer" means 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);

"premises" includes land and buildings;

"Salmonellosis" means Salmonellosis caused by or involving Salmonella enteritidis or Salmonella typhimurium;

"sell" includes offer, expose or keep for sale, invite an offer to buy, or distribute for reward and cognate words shall be construed accordingly.

Salmonella control plan

3. (1) The owner or person in charge of ducks whose eggs are sold shall develop and put in place a programme for the control of salmonella ("salmonella control plan").

(2) A salmonella control plan, which shall be in writing, shall, as a minimum, comprise-

(a) bio security measures including staff, equipment, visitor access, pest control and control of ducks and their eggs,

(b) managerial practices including work flows, outputs, disinfection procedures, standard operating procedures and bacteriological sampling,

(c) restocking, including sourcing of disease free flock and

(d) transport, including segregation and disinfection of vehicles and equipment.

(3) A person shall comply with a salmonella control plan including a salmonella control plan modified in accordance with paragraph (4) or (5).

(4) The owner or person in charge of ducks shall regularly review the salmonella control plan and introduce any necessary modification.

(5) An authorised officer may direct that specified modifications are introduced into a salmonella control plan and a person shall comply with the direction.

Bacteriological Sampling

4. (1) The Minister may direct an owner or a person in charge of ducks to test for Salmonellosis

(2) The Minister, where he or she believes that Salmonellosis may be present may take samples from ducks, eggs of ducks or anything that may have been in contact with the ducks.

Prohibition

5. (1) A person shall-

(a) transport ducks that have tested positive for Salmonellosis separately from other poultry, and

(b) not use such ducks for breeding purposes.

(2) A person shall not sell eggs from a flock where Salmonellosis has been found.

Notice

6. (1) An authorised officer may, by notice in writing, direct an owner or a person in charge of ducks or their eggs to take such actions as are necessary for the prevention or eradication of Salmonellosis.

(2) An authorised officer may specify a time limit within which the actions contained in a notice under paragraph (1) shall be completed.

(3) The owner or person in charge of ducks or their eggs shall comply with the notice under paragraph (1).

Registration of producers

7. A person keeping ducks shall be registered in accordance with the Diseases of Animals Act 1966 (Registration of Poultry Premises) Order 2008 ( S.I. No. 42 of 2008 ).

Records

8. The owner or person in charge of ducks shall keep, and retain for a period of at least three years, a record of the movement of ducks or their eggs onto and off the premises including-

(a) the date of the movement,

(b) the number of ducks or eggs moved,

(c) name and address of the premises from which incoming ducks were brought, and

(d) name and address of the premises to which outgoing ducks or eggs were sent.

GIVEN under my Official Seal,

26 November 2010.

BRENDAN SMITH,

Minister for Agriculture, Fisheries and Food.

EXPLANATORY NOTE

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

This Order sets down a legal basis for the control of Salmonellosis in ducks and duck eggs. It provides for measures including the preparation of a salmonella control plan, testing, sampling, transport and breeding arrangements.