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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2007 No. 254

ANIMALS

ANIMAL HEALTH

The Poultry Breeding Flocks and Hatcheries (Scotland) Order 2007

  Made 20th March 2007 
  Coming into force 21st March 2007 


ARRANGEMENT OF ORDER


PART 1

Introductory provisions
1. Citation, commencement and extent
2. Interpretation

PART 2

Notification of hatcheries and breeding flocks
3. Notification of hatcheries
4. Notification of breeding flocks

PART 3

Control of salmonella in Gallus gallus
5. Interpretation of Part 3
6. Notification of arrival of breeding flocks
7. Notification of movement to laying phase etc
8. Sampling of breeding flocks
9. Submission of samples to an approved laboratory
10. Records of samples
11. Records of movements
12. Duties of an approved laboratory

PART 4

Prohibition on use of specific control methods
13. Prohibition on the use of antimicrobials
14. Prohibition on the use of vaccines

PART 5

Miscellaneous
15. Hatchery records
16. Production of records
17. Tampering with samples
18. Powers of Scottish Ministers in cases of default
19. Enforcement
20. Revocation

  SCHEDULE 1 — Hatchery and breeding flock information

  SCHEDULE 2 — Sampling of breeding flocks

  SCHEDULE 3 — Record-keeping requirements

  SCHEDULE 4 — Preparation of chick box liners

The Scottish Ministers, in exercise of the powers conferred by sections 1, 8 and 29(3) of the Animal Health Act 1981[
1], and of all other powers enabling them in that behalf, hereby make the following Order:



PART 1

Introductory provisions

Citation, commencement and extent
     1. —(1) This Order may be cited as the Poultry Breeding Flocks and Hatcheries (Scotland) Order 2007 and shall come into force on 21st March 2007.

    (2) This Order extends to Scotland only.

Interpretation
    
2. —(1) In this Order–

    (2) Any reference in this Order to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000[4], which has been recorded and is consequently capable of being reproduced.



PART 2

Notification of hatcheries and breeding flocks

Notification of hatcheries
     3. —(1) The occupier of a hatchery shall notify the Scottish Ministers of the information in paragraph 1 of Schedule 1–

    (2) The occupier of a hatchery shall notify the Scottish Ministers of any change to the information in paragraph 1 of Schedule 1, within three months of the change.

    (3) Paragraph (1) shall not apply to any occupier who has provided the Scottish Ministers with that information under the Poultry Breeding Flocks and Hatcheries Order 1993[
5].

Notification of breeding flocks
     4. —(1) The occupier of a holding on which one or more breeding flocks of at least 250 poultry of any single species are kept shall notify the Scottish Ministers of the information in paragraph 2 of Schedule 1–

    (2) The occupier of such a holding shall notify the Scottish Ministers of any change to the information in paragraph 2 of Schedule 1 within three months of the change.

    (3) Paragraph (1) shall not apply to any occupier who has provided the Scottish Ministers with that information under the Poultry Breeding Flocks and Hatcheries Order 1993.



PART 3

Control of salmonella in Gallus gallus

Interpretation of Part 3
    
5. In this Part–

Notification of arrival of breeding flocks
    
6. —(1) The occupier shall notify the Scottish Ministers of the expected date of arrival at the holding of any breeding flock.

    (2) The notification shall be made at least two weeks before the expected date of arrival.

Notification of movement to laying phase etc.
    
7. —(1) The occupier shall notify the Scottish Ministers of the date that each breeding flock on the holding is expected to–

    (2) The notification shall be made at least two weeks before the relevant expected date.

Sampling of breeding flocks
    
8. —(1) The occupier shall take samples from each breeding flock on the holding at the following times–

    (2) Sampling under paragraph (1)(a) to (c) shall be done in accordance with Schedule 2 and sampling under paragraph (1)(d) shall be done in accordance with point 2.2.2.1 of the Annex to Commission Regulation (EC) No. 1003/2005 (routine sampling at the initiative of the operator).

Submission of samples to an approved laboratory
    
9. —(1) The occupier shall dispatch the samples taken in accordance with article 8 to an approved laboratory for the purposes of testing for the presence of salmonella.

    (2) The occupier shall dispatch the samples within–

    (3) The occupier shall ensure that the samples are identified prior to dispatch so as to enable the laboratory to determine–

Records of samples
    
10. —(1) The occupier shall–

    (2) The occupier shall retain the record kept in accordance with paragraph (1)(a) for two years from the date the sample is taken.

Records of movements
    
11. —(1) The occupier shall keep a record of the information in paragraph 2 of Schedule 3 for each movement to and from the holding of any domestic fowl of the species Gallus gallus or their chicks or eggs.

    (2) The occupier shall retain the record for two years from the date of the movement.

Duties of an approved laboratory
    
12. The person in charge of an approved laboratory shall ensure that–



PART 4

Prohibition on use of specific control methods

Prohibition on the use of antimicrobials
    
13. No person shall administer any antimicrobial to any bird in a breeding flock of domestic fowl of the species Gallus gallus as a specific method to control salmonella in breach of Article 2 of Commission Regulation (EC) No. 1177/2006.

Prohibition on the use of vaccines
    
14. No person shall administer any live salmonella vaccine to any bird in a breeding flock of domestic fowl of the species Gallus gallus in breach of Article 3(1) of Commission Regulation (EC) No. 1177/2006.



PART 5

Miscellaneous

Hatchery records
    
15. —(1) The occupier of a hatchery containing domestic fowl of the species Gallus gallus or their eggs shall keep a record of–

    (2) The occupier shall keep the record for two years from the date of the movement.

Production of records
    
16. Any person required to keep a record under this Order shall produce it to an inspector or officer of the Scottish Ministers on demand at any reasonable time and allow a copy of it to be made or an extract from it to be taken.

Tampering with samples
    
17. No person shall tamper with or wrongfully interfere with a sample for the purpose of affecting the result of any test required to be carried out under this Order.

Powers of Scottish Ministers in cases of default
    
18. If any person fails to take any action required to be taken under this Order, an inspector may, without prejudice to any proceedings arising out of such default, take, or cause to be taken, such action and the amount of any expenses reasonably incurred by the inspector in doing so are recoverable by the Scottish Ministers from the person in default.

Enforcement
    
19. —(1) The local authority shall be responsible for enforcing this Order.

    (2) The Scottish Ministers may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) shall be discharged by the Scottish Ministers and not by the local authority.

Revocation
    
20. The Poultry Breeding Flocks and Hatcheries Order 1993 is revoked in relation to Scotland.


ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
20th March 2007



SCHEDULE 1
Articles 3 and 4


Hatchery and breeding flock information


Information relating to hatcheries
     1. The information to be notified is–

Information relating to breeding flocks
     2. The information to be notified is–



SCHEDULE 2
Article 8


Sampling of breeding flocks


Sampling of chicks
     1. —(1) The following samples are to be taken when the birds are chicks–

    (2) In this paragraph "chick box liner" means any material used to line a box or other container in which chicks are transported from the hatchery to the holding.

Sampling of four-week-old birds etc.
     2. —(1) The following samples are to be taken from each flock of four week-old birds and each flock two weeks before it comes into lay or moves to the laying phase or laying unit–

    (2) In this paragraph, "a composite faeces sample" means a sample of faeces consisting of a number of individual samples calculated in accordance with the following, each of which weighs not less than 1 gram and is taken from a site selected at random to represent the building or group of buildings in the holding from which it is taken.

Table
The number of sites from which separate faeces samples are to be taken in order to make a composite sample are as follows–

Number of birds kept in a building Number of faeces samples to be taken in the building
1–24 Number equal to the number of birds, up to a maximum of 20
25–29 20
30–39 25
40–49 30
50–59 35
60–89 40
90–199 50
200–499 55
500 or more 60



SCHEDULE 3
Articles 10, 11 and 15


Record-keeping requirements


Samples
     1. The information to be recorded is–

Movement of domestic fowl of the species Gallus gallus to and from holdings
     2. The information to be recorded is–

Movements of eggs to and from a hatchery
     3. The information to be recorded is–

Movements of chicks from a hatchery
     4. The information to be recorded is–



SCHEDULE 4
Article 12


Preparation of chick box liners


Preparation of the samples
     1. Chick box liners must be prepared as follows–



EXPLANATORY NOTE

(This note is not part of the Order)


This Order revokes and re-enacts the Poultry Breeding Flocks and Hatcheries Order 1993 in so far as it relates to Scotland.

It provides for the submission of information relating to hatcheries and breeding flocks to the Scottish Ministers.

It implements the national control programme for domestic fowl of the species Gallus gallus

It implements Commission Regulation (EC) No. 1003/2005 implementing Regulation (EC) No. 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No. 2160/2003.

Articles 3 and 4 require the occupiers of hatcheries and of holdings with breeding flocks of at least 250 poultry to provide the Scottish Ministers with information about those premises.

Articles 5 to 11 apply to occupiers of holdings with breeding flocks of at least 250 domestic fowl. Article 5 is an interpretation provision. Articles 6 and 7 require that occupiers provide information about the laying status of breeding flocks. Article 8 imposes obligations to take samples from breeding flocks. Article 9 regulates the despatch and labelling of samples. Articles 10 and 11 provide for the keeping of records relating to samples and movement of domestic fowl or eggs to and from holdings. Article 12 imposes obligations on laboratories regarding preparation of the samples, the detection method to be used and reporting of the results.

Articles 13 and 14 prohibit the use of antimicrobials or live salmonella vaccine as methods of controlling salmonella other than in accordance with Articles 2 and 3 of Commission Regulation (EC) No. 1177/2006 implementing Regulation (EC) No. 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national programmes for the control of salmonella in poultry.

Articles 15 and 16 relate to the keeping and production of records relating to poultry hatcheries.

Articles 17 to 19 relate to powers of inspectors, tampering with samples, action to be taken on default and enforcement. Breach of the Order is an offence under section 73 of the Animal Health Act 1981 and is punishable in accordance with section 75 of that Act.

A regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb's Loan, Edinburgh EH14 1TY.

The national control programme is available from the Scottish Executive Environment and Rural Affairs Department at the above address or from the Scottish Executive website (
www/scotland.gov.uk).


Notes:

[1] 1981 c.22. Organisms of the genus salmonella are designated for the purposes of section 29 of the Animal Health Act 1981 by virtue of the Zoonoses Order 1989 (S.I. 1989/285). The functions of "the Ministers" (as defined in section 86 of the Animal Health Act 1981) were, in so far as exercisable within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[2] O.J. No. L 170, 1.7.2005, p.12; amended by Commission Regulation (EC) No. 1168/2006 (O.J. L 211, 1.8.2006, p.4).back

[3] O.J. No. L 212, 2.8.2006, p.3.back

[4] 2000 c.7; amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).back

[5] S.I. 1993/1898.back



ISBN 978 0 11 072109 5


 © Crown copyright 2007

Prepared 29 March 2007


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URL: http://www.bailii.org/scot/legis/num_reg/2007/20070254.html