BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
Statutory Instruments of the Scottish Parliament |
||
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Poultry Breeding Flocks and Hatcheries (Scotland) Order 2007 No. 254 URL: http://www.bailii.org/scot/legis/num_reg/2007/20070254.html |
[New search] [Help]
Made | 20th March 2007 | ||
Coming into force | 21st March 2007 |
1. | Citation, commencement and extent |
2. | Interpretation |
3. | Notification of hatcheries |
4. | Notification of breeding flocks |
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 |
13. | Prohibition on the use of antimicrobials |
14. | Prohibition on the use of vaccines |
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 |
(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.
(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.
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–
(c) the samples are tested for salmonella in accordance with the method in point 3.2 of that Annex; and
(d) the result of any test on any sample is reported in writing as soon as practicable to the occupier who submitted it.
(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
Information relating to breeding flocks
2.
The information to be notified is–
(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 |
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–
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).
[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