Aujeszky's Disease Scheme Order (Northern Ireland) 2012 No. 66


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Statutory Rules of Northern Ireland

2012 No. 66

Animals

Aujeszky's Disease Scheme Order (Northern Ireland) 2012

Made

23rd February 2012

Coming into operation

19th March 2012

The Department of Agriculture and Rural Development(1) makes the following Scheme Order in exercise of the powers conferred by Article 8(1) and (2) of the Diseases of Animals (Northern Ireland) Order 1981(2) and with the approval of the Department of Finance and Personnel(3).

In accordance with Article 8(1) of that Order, it has consulted with the bodies which appear to it to be substantially representative of the interests concerned.

Citation and commencement

1. This Order may be cited as the Aujeszky's Disease Scheme Order (Northern Ireland) 2012 and shall come into operation on 19th March 2012.

Aujeszky's Disease Scheme

2. For the purposes of maintaining freedom from Aujeszky's Disease as directed under Commission Decision 2008/185/EC(4) the Department makes the Scheme as set out in the Schedules.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 22nd February 2012

(L.S.)

C. McMaster

A senior officer of the Department of Agriculture and rural Development

Sealed with the Official Seal of the Department of Finance and Personnel on 21st February 2012

(L.S.)

Jack Layberry

A senior officer of the Department of Finance and Personnel

Article 2

SCHEDULE 1Aujeszky's Disease Scheme (Northern Ireland) 2012

Citation

1. This Scheme may be cited as the Aujeszky's Disease Scheme (Northern Ireland) 2012.

Interpretation

2.-(1) In this Scheme:

"authorised officer" means an inspector or veterinary inspector who is authorised by the Department to exercise powers under this Scheme;

"authorised person" means slaughterhouse staff authorised by the Department to carry out specific sampling in respect of pigs;

"designated laboratory" means a laboratory designated by the Department for the purposes of testing Aujeszky's Disease samples;

"group" means an epidemiological unit;

"holding" means premises registered with the Department as required by the Pigs (Records, Identification and Movement) Order (Northern Ireland) 2012(5);

"keeper" means any person having care and control of pigs, whether on a temporary or permanent basis, but does not include a person who only transports pigs;

"the Order" means the Aujeszky's Disease Order (Northern Ireland) 2012(6);

"samples" means samples taken from a pig or carcase;

"vaccinated" means vaccinated against Aujeszky's Disease;

(2) Other expressions in this Scheme which are also used in the Order shall have the same meaning as in the Order.

Pig health status

3.-(1) The Department shall allocate to each holding a pig health status in accordance with paragraph (2).

(2) A holding shall be allocated the pig health status of-

(a)an Officially Aujeszky's Disease Free holding, if it contains only pigs which have not been vaccinated; or

(b)an Aujeszky's Disease Free holding, if it contains at least one pig which has been vaccinated either prior to the prohibition on vaccination implemented by the Order or under licence from the Department.

Routine sampling

4.-(1) The Department may, for the purpose of maintaining freedom from Aujeszky's Disease in Northern Ireland, select holdings for sampling and will notify the keeper of each selected holding in writing of-

(a)the number of samples required;

(b)the date by which the sampling must be completed;

(c)the category of pigs to be sampled; and

(d)the group from which the samples should be taken.

(2) The Department may revoke, suspend or vary any notice.

(3) Sampling is to be undertaken at the expense of the keeper and must be carried out either by-

(a)a nominated veterinary surgeon on farm; or

(b)in the case of pigs dispatched for slaughter, a nominated veterinary surgeon or an authorised person at the slaughterhouse.

Risk Based Sampling

5.-(1) The Department may on the basis of a veterinary risk assessment require samples to be taken in addition to those required under paragraph 4.

(2) The Department shall notify in writing the keeper of each selected holding or, in the case of a slaughterhouse, a nominated veterinary surgeon or the food business operator of-

(a)the number of samples required;

(b)the date by which the sampling must be completed;

(c)the category of pigs to be sampled;

(d)the group from which the samples should be taken.

(3) Sampling is to be undertaken at the expense of the person notified under sub-paragraph (2) and must be carried out either by-

(a)a nominated veterinary surgeon on farm; or

(b)in the case of a slaughterhouse, a nominated veterinary surgeon or an authorised person at the slaughterhouse.

Sample Requirements

6.-(1) Samples taken in accordance with paragraphs 4 and 5 must be collected and dispatched in accordance with Schedule 2 to a designated laboratory either-

(a)within 24 hours of collection; or

(b)within 72 hours of collection subject to samples having been refrigerated between +4°C and +10°C since collection.

(2) In relation to each sample, the person who collects the sample must record and provide the following information to the Department within 14 days of the date of collection of the sample-

(a)the name of the keeper;

(b)the address of the holding;

(c)the type of samples;

(d)the date on which the samples were taken;

(e)the holding code and premises address of the pigs from which the samples were taken;

(f)if appropriate, the individual number of the pig from which the sample was taken;

(g)if appropriate, the slap mark of the pig sampled;

(h)if appropriate, the age, sex and the group from which the pig came;

(i)the health status of the holding which indicates the possibility of the pig having been vaccinated;

(j)the name and address of the person who has taken the samples; and

(k)the designated laboratory to which the sample will be sent;

(l)and in addition where samples have been taken at a slaughterhouse-

(i)the name of the food business operator; and

(ii)the address of the slaughterhouse.

(3) A keeper, or in the case of a slaughterhouse, an food business operator, must keep a copy of the information provided to the Department under sub-paragraph (2) for two years from the date it is made and must produce it on demand to an authorised officer of the Department and allow a copy of it to be made or an extract taken.

Tampering with samples

7. A person must not tamper with a sample or do anything to it that is likely to affect the result of any test required to be carried out under this Scheme.

Powers of entry

8.-(1) An authorised officer may take such samples from or carry out such other tests or examinations in relation to a pig or carcase kept on any premises as may be considered necessary for the purposes of this Scheme.

(2) For the purposes of taking any samples or carrying out of any tests or examinations under sub-paragraph (1), an authorised officer may at any time and upon production if so required of his authority, enter on or into any premises.

(3) The occupier of any premises entered by an authorised officer under sub-paragraph (2), and if different, the keeper of those premises, shall provide such reasonable facilities and comply with such reasonable requirements of the officer as may be necessary to facilitate the exercise of the officer's powers under sub-paragraph (1).

Powers of the Department in cases of default

9. If any person fails to take any action required by this Scheme, an authorised officer may arrange for such action to be taken at the expense of the person in default.

Revocation

10. The Aujeszky's Disease Scheme Order (Northern Ireland) 1994(7) is revoked.

Article 2

SCHEDULE 2Samples

1. Clotted blood samples shall be provided in vacutainer tubes with a minimum volume of blood of 5ml-

(a)all vacutainer tubes used must be within expiry date;

(b)the filter paper discs for sampling must be obtained from an designated laboratory;

(c)when using filter paper discs for sampling, all the lobes on each disc must be fully saturated with blood;

(d)the filter paper disc samples must be dried before dispatch; and

(e)all vacutainer tubes and discs must be identified with the corresponding identity of the pigs sampled, for breeding pigs this must include the individual identification of the pigs sampled.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and remakes a Scheme which in conjunction with the Aujeszky's Disease Order (Northern Ireland) 2012 provides for the monitoring and surveillance of Aujeszky's Disease in Northern Ireland.

The main provisions of the Scheme are as follows-

1. Paragraph 3 makes provision for allocation of pig health status to each holding.

2. Paragraph 4 makes provision for routine sampling.

3. Paragraph 5 makes provision for risk based sampling.

4. Paragraph 6 sets out the requirements for samples taken under paragraphs 4, 5 and Schedule 2.

5. Paragraph 8 specifies the powers of entry of an authorised officer for the purpose of taking any samples.

(1)

Formerly the Department of Agriculture for Northern Ireland; see the Departments Order 1999 (S.I. 1999/283 (N.I.1)) Article 3(4)

(3)

Formerly the Department of Finance. see S.I. 1982/338 (N.I. 6) Article. 3

(4)

O.J. No. L 59, 04.03.2008, p. 19


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URL: http://www.bailii.org/nie/legis/num_reg/2012/nisr_201266_en_1.html

Aujeszky's Disease Scheme Order (Northern Ireland) 2012 No. 66

Statutory Rules of Northern Ireland

2012 No. 66

Animals

Aujeszky's Disease Scheme Order (Northern Ireland) 2012

Made

23rd February 2012

Coming into operation

19th March 2012

The Department of Agriculture and Rural Development(1) makes the following Scheme Order in exercise of the powers conferred by Article 8(1) and (2) of the Diseases of Animals (Northern Ireland) Order 1981(2) and with the approval of the Department of Finance and Personnel(3).

In accordance with Article 8(1) of that Order, it has consulted with the bodies which appear to it to be substantially representative of the interests concerned.

Citation and commencement

1. This Order may be cited as the Aujeszky's Disease Scheme Order (Northern Ireland) 2012 and shall come into operation on 19th March 2012.

Aujeszky's Disease Scheme

2. For the purposes of maintaining freedom from Aujeszky's Disease as directed under Commission Decision 2008/185/EC(4) the Department makes the Scheme as set out in the Schedules.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 22nd February 2012

(L.S.)

C. McMaster

A senior officer of the Department of Agriculture and rural Development

Sealed with the Official Seal of the Department of Finance and Personnel on 21st February 2012

(L.S.)

Jack Layberry

A senior officer of the Department of Finance and Personnel

Article 2

SCHEDULE 1Aujeszky's Disease Scheme (Northern Ireland) 2012

Citation

1. This Scheme may be cited as the Aujeszky's Disease Scheme (Northern Ireland) 2012.

Interpretation

2.-(1) In this Scheme:

"authorised officer" means an inspector or veterinary inspector who is authorised by the Department to exercise powers under this Scheme;

"authorised person" means slaughterhouse staff authorised by the Department to carry out specific sampling in respect of pigs;

"designated laboratory" means a laboratory designated by the Department for the purposes of testing Aujeszky's Disease samples;

"group" means an epidemiological unit;

"holding" means premises registered with the Department as required by the Pigs (Records, Identification and Movement) Order (Northern Ireland) 2012(5);

"keeper" means any person having care and control of pigs, whether on a temporary or permanent basis, but does not include a person who only transports pigs;

"the Order" means the Aujeszky's Disease Order (Northern Ireland) 2012(6);

"samples" means samples taken from a pig or carcase;

"vaccinated" means vaccinated against Aujeszky's Disease;

(2) Other expressions in this Scheme which are also used in the Order shall have the same meaning as in the Order.

Pig health status

3.-(1) The Department shall allocate to each holding a pig health status in accordance with paragraph (2).

(2) A holding shall be allocated the pig health status of-

(a)an Officially Aujeszky's Disease Free holding, if it contains only pigs which have not been vaccinated; or

(b)an Aujeszky's Disease Free holding, if it contains at least one pig which has been vaccinated either prior to the prohibition on vaccination implemented by the Order or under licence from the Department.

Routine sampling

4.-(1) The Department may, for the purpose of maintaining freedom from Aujeszky's Disease in Northern Ireland, select holdings for sampling and will notify the keeper of each selected holding in writing of-

(a)the number of samples required;

(b)the date by which the sampling must be completed;

(c)the category of pigs to be sampled; and

(d)the group from which the samples should be taken.

(2) The Department may revoke, suspend or vary any notice.

(3) Sampling is to be undertaken at the expense of the keeper and must be carried out either by-

(a)a nominated veterinary surgeon on farm; or

(b)in the case of pigs dispatched for slaughter, a nominated veterinary surgeon or an authorised person at the slaughterhouse.

Risk Based Sampling

5.-(1) The Department may on the basis of a veterinary risk assessment require samples to be taken in addition to those required under paragraph 4.

(2) The Department shall notify in writing the keeper of each selected holding or, in the case of a slaughterhouse, a nominated veterinary surgeon or the food business operator of-

(a)the number of samples required;

(b)the date by which the sampling must be completed;

(c)the category of pigs to be sampled;

(d)the group from which the samples should be taken.

(3) Sampling is to be undertaken at the expense of the person notified under sub-paragraph (2) and must be carried out either by-

(a)a nominated veterinary surgeon on farm; or

(b)in the case of a slaughterhouse, a nominated veterinary surgeon or an authorised person at the slaughterhouse.

Sample Requirements

6.-(1) Samples taken in accordance with paragraphs 4 and 5 must be collected and dispatched in accordance with Schedule 2 to a designated laboratory either-

(a)within 24 hours of collection; or

(b)within 72 hours of collection subject to samples having been refrigerated between +4°C and +10°C since collection.

(2) In relation to each sample, the person who collects the sample must record and provide the following information to the Department within 14 days of the date of collection of the sample-

(a)the name of the keeper;

(b)the address of the holding;

(c)the type of samples;

(d)the date on which the samples were taken;

(e)the holding code and premises address of the pigs from which the samples were taken;

(f)if appropriate, the individual number of the pig from which the sample was taken;

(g)if appropriate, the slap mark of the pig sampled;

(h)if appropriate, the age, sex and the group from which the pig came;

(i)the health status of the holding which indicates the possibility of the pig having been vaccinated;

(j)the name and address of the person who has taken the samples; and

(k)the designated laboratory to which the sample will be sent;

(l)and in addition where samples have been taken at a slaughterhouse-

(i)the name of the food business operator; and

(ii)the address of the slaughterhouse.

(3) A keeper, or in the case of a slaughterhouse, an food business operator, must keep a copy of the information provided to the Department under sub-paragraph (2) for two years from the date it is made and must produce it on demand to an authorised officer of the Department and allow a copy of it to be made or an extract taken.

Tampering with samples

7. A person must not tamper with a sample or do anything to it that is likely to affect the result of any test required to be carried out under this Scheme.

Powers of entry

8.-(1) An authorised officer may take such samples from or carry out such other tests or examinations in relation to a pig or carcase kept on any premises as may be considered necessary for the purposes of this Scheme.

(2) For the purposes of taking any samples or carrying out of any tests or examinations under sub-paragraph (1), an authorised officer may at any time and upon production if so required of his authority, enter on or into any premises.

(3) The occupier of any premises entered by an authorised officer under sub-paragraph (2), and if different, the keeper of those premises, shall provide such reasonable facilities and comply with such reasonable requirements of the officer as may be necessary to facilitate the exercise of the officer's powers under sub-paragraph (1).

Powers of the Department in cases of default

9. If any person fails to take any action required by this Scheme, an authorised officer may arrange for such action to be taken at the expense of the person in default.

Revocation

10. The Aujeszky's Disease Scheme Order (Northern Ireland) 1994(7) is revoked.

Article 2

SCHEDULE 2Samples

1. Clotted blood samples shall be provided in vacutainer tubes with a minimum volume of blood of 5ml-

(a)all vacutainer tubes used must be within expiry date;

(b)the filter paper discs for sampling must be obtained from an designated laboratory;

(c)when using filter paper discs for sampling, all the lobes on each disc must be fully saturated with blood;

(d)the filter paper disc samples must be dried before dispatch; and

(e)all vacutainer tubes and discs must be identified with the corresponding identity of the pigs sampled, for breeding pigs this must include the individual identification of the pigs sampled.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and remakes a Scheme which in conjunction with the Aujeszky's Disease Order (Northern Ireland) 2012 provides for the monitoring and surveillance of Aujeszky's Disease in Northern Ireland.

The main provisions of the Scheme are as follows-

1. Paragraph 3 makes provision for allocation of pig health status to each holding.

2. Paragraph 4 makes provision for routine sampling.

3. Paragraph 5 makes provision for risk based sampling.

4. Paragraph 6 sets out the requirements for samples taken under paragraphs 4, 5 and Schedule 2.

5. Paragraph 8 specifies the powers of entry of an authorised officer for the purpose of taking any samples.

(1)

Formerly the Department of Agriculture for Northern Ireland; see the Departments Order 1999 (S.I. 1999/283 (N.I.1)) Article 3(4)

(3)

Formerly the Department of Finance. see S.I. 1982/338 (N.I. 6) Article. 3

(4)

O.J. No. L 59, 04.03.2008, p. 19