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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Diseases of Animals (Approved Disinfectants) (England) Order 2007 No. 448 URL: http://www.bailii.org/uk/legis/num_reg/2007/20070448.html

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Approvals
     2. Any approval under this Order or any renewal, amendment, suspension or revocation of an approval must be in writing.

Approval of disinfectants
     3. —(1) The manufacturer of a disinfectant may apply to the Secretary of State for the approval of that disinfectant for use in cases where an order under the Animal Health Act 1981 specifies that an approved disinfectant must be used.

    (2) The Secretary of State may only approve a disinfectant if he is satisfied—

(a) as to its efficacy and quality; and

(b) that it complies with the Biocidal Products Regulations 2001[2].

    (3) The approval—

(a) must specify the dilution rate; and

(b) may contain conditions to which the approval is subject.

    (4) The Secretary of State may test the disinfectant at any time, and must test it before approving it unless—

(a) the disinfectant has the same formulation as another disinfectant manufactured by the manufacturer whose application it is;

(b) that other disinfectant is an approved disinfectant; and

(c) approval is sought only for use in one or more of the circumstances in respect of which the other disinfectant is approved.

    (5) The Secretary of State must publish a list of approved disinfectants.

    (6) In this article, "dilution rate" means the number of parts of water with which one part of an approved disinfectant is to be diluted.

Use of the disinfectant
     4. An approved disinfectant may only be used in accordance with the conditions of its approval or as directed by an inspector.

Duration of approval and renewal
     5. —(1) An approval lasts for two years, and may be renewed within 3 months prior to its expiry.

    (2) If a renewal is applied for, the approval continues to be valid up to the date on which the applicant is notified of the decision to renew or to refuse to renew.

Amendment, suspension and revocation of approvals
     6. —(1) The Secretary of State may amend, suspend or revoke the approval or refuse to renew the approval if production of the disinfectant has ceased or if the disinfectant—

(a) is no longer efficacious or of suitable quality;

(b) does not comply with any condition of the approval; or

(c) does not comply with the Biocidal Products Regulations 2001.

    (2) He may also suspend an approval pending investigation of any disinfectant if he has reasonable grounds to suspect that any of the grounds in paragraph (1) apply.

Representations to the Secretary of State
     7. —(1) A manufacturer may make representations against—

(a) a refusal to grant or renew an approval;

(b) an amendment, suspension or revocation of an approval; or

(c) any condition of an approval,

to a person appointed by the Secretary of State.

    (2) The manufacturer must notify the Secretary of State of his intention to make such representations to the appointed person within one month of receiving notice of the refusal to grant or renew the approval or the amendment, suspension or revocation of the approval.

    (3) The appointed person must consider the representations and report in writing to the Secretary of State within one month of receiving the representations.

    (4) The Secretary of State must give written notification of his final determination and the reasons for it to the applicant within one month of receiving the report from the appointed person.

    (5) Unless the Secretary of State directs otherwise, the refusal to renew an approval or an amendment, suspension or revocation of an approval shall continue in force until he makes his final determination.

Duties of manufacturers and suppliers in relation to amended, suspended or revoked approvals
     8. —(1) If the Secretary of State amends, suspends or revokes the approval of a disinfectant or refuses to renew an approval, the manufacturer, and any supplier who becomes aware of the fact, must take all reasonable steps to notify every person in the United Kingdom to whom he has supplied the disinfectant in the previous 6 months.

    (2) Such notification must be given within one month of the manufacturer or supplier becoming aware of the amendment, suspension or revocation of the approval, or the refusal to renew the approval.

Placing disinfectant on the market
     9. No person may place on the market any disinfectant that is labelled or otherwise represented as an approved disinfectant if—

(a) it is not approved under this Order; or

(b) the formula for it has changed since its approval was granted.

References to disinfectants in orders under the Animal Health Act 1981
     10. Any reference in an order under the Animal Health Act 1981 to a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978[3] or listed in a Schedule to that Order is a reference to a disinfectant approved under this Order.

Provision of information and samples
     11. —(1) The Secretary of State may, at any time, require the manufacturer of a disinfectant for which approval is sought or granted, or any person in possession of such a disinfectant, to—

(a) provide samples of that disinfectant for testing; or

(b) provide any information relating to that disinfectant.

    (2) The samples or information must be provided to the Secretary of State within the time period set by him.

    (3) At the request of the Secretary of State, the manufacturer must provide his technical expertise to facilitate any analysis of the samples.

Enforcement
     12. —(1) This Order is enforced by the local authority.

    (2) The Secretary of State may direct, in cases of a particular description or any particular case, that he will enforce this Order instead of the local authority.

Revocations
     13. The following are revoked—

(a) the Diseases of Animals (Approved Disinfectants) Order 1978; and

(b) the Diseases of Animals (Approved Disinfectants) (Amendment) (England) Order 2006[4].

Ben Bradshaw
Minister of State Department for Environment, Food and Rural Affairs

14th February 2007

[2] S.I. 2001/880, as amended by S.I. 2003/429, 2005/2451 and 2005/2759.back

[3] S.I.1978/32, as amended by S.I. 2006/1394.back

[4] S.I. 2006/1394.back

 © Crown copyright 2007