Animal Health
(Miscellaneous Exotic Diseases) (Jersey) Order 2017
Made 24th January 2017
Coming into force 1st
February 2017
THE MINISTER FOR THE ENVIRONMENT, in pursuance of Articles 2(2), 4(2), 7, 17(8)
and 32 of the Animal Health (Jersey) Law 2016[1], orders as follows –
PART 1
INTRODUCTORY PROVISIONS
1 Interpretation
In this Order –
“disease” means a
disease to which this Order applies by virtue of Article 2(1);
“equipment”, means
any equipment that has been in contact with blood or other bodily fluids from
susceptible animals, including needles and surgical or dental equipment, unless
that equipment has either been sterilised following such contact or is securely
confined in a sharps container complying with the relevant British Standard or
an equivalent standard;
“general restrictions”
means –
(a) in
relation to the diseases listed Part 1 of Schedule 2, the
restrictions in Part 1 of Schedule 3; and
(b) in
relation to the diseases listed in Part 2 of Schedule 2, the
restrictions in Parts 1 and 2 of Schedule 3;
“genetic material” means
any semen, ovum or embryo of a susceptible animal;
“infected premises”
means premises that have been designated as infected premises under Article 8(1);
“Law” means the
Animal Health (Jersey) Law 2016[2];
“susceptible animal”
means, for each disease listed in the first column of the table in Schedule 1,
the animals listed in the second column of the table opposite that first column;
“suspect premises”
means premises that are designated as suspect premises under Article 6(3).
2 Application
(1) This
Order applies only to the diseases listed in the first column of Schedule 1.
(2) For
the purposes of this Order the definition “animal” in Article 4
of the Law is extended to include all mammals except human beings.
(3) This
Order does not apply to any specified animal pathogen that is the subject of a
licence under Article 15(1) of the Law or to which that Article does not
apply.
(4) Parts 2,
3 and 5 of this Order do not apply to a slaughterhouse.
3 Power
to kill animals
(1) In
this Order, the power to kill animals in Articles 6(6), 9 and 18(1)
applies only to the following diseases –
(a) Anthrax;
(b) Aujeszky’s
disease;
(c) Bovine
Viral Diarrhoea;
(d) Brucellosis;
(e) Contagious
agalactia;
(f) Contagious
bovine pleuro-pneumonia;
(g) Contagious
epididymitis;
(h) Dourine;
(i) Enzootic
bovine leucosis;
(j) Epizootic
haemorrhagic disease;
(k) Epizootic
lymphangitis;
(l) Equine
infectious anaemia;
(m) Equine
Viral Encephalomyelitis;
(n) Glanders;
(o) Infectious
Bovine Rhinotracheitis/Infectious Pustular Vulvovaginitis;
(p) Lumpy
skin disease;
(q) Peste
de Petit Ruminants (Goat plague);
(r) Rift
Valley fever;
(s) Sheep
and goat pox;
(t) Vesicular
stomatitis.
(2) Article 17
of the Law applies to the diseases set out in paragraph (1).
4 References
to occupier, main occupier and additional obligations for diseases of horses
(1) This
Article applies to diseases for which horses are susceptible animals.
(2) In
this Order –
(a) a
reference to an occupier of premises includes a reference to a person who has
ownership or charge of a horse on the premises;
(b) the
main occupier of premises is the person who has overall responsibility for the
premises.
(3) Any
notice required or authorized under this Order –
(a) to
be served on the main occupier of premises may be served on any person
appearing to the person serving the notice to be the main occupier;
(b) to
be served on any other occupier of premises may be served on any person
appearing to the person serving the notice to be that occupier.
(4) Where
a notice has been served on a person referred to in paragraph (3), any
reference in this Order to the main occupier or, as the case may be, any other
occupier of the premises includes a reference to that person.
(5) Where
the main occupier of premises is required to comply with any obligation under
or by virtue of this Order, any other occupier of the premises must give the
main occupier such assistance as is reasonably required to enable such
compliance.
(6) Where
the main occupier of premises has been served with a notice under this Order,
the main occupier must take reasonable steps to inform (orally or otherwise)
any other occupier of the premises and any other person entering the premises
of any restrictions on the movement to or from the premises of any horse,
carcase, equipment or genetic material arising from the service of the notice.
(7) A
notice required or authorized under this Order to be served on the main
occupier of premises may (in addition to its being served on the main occupier)
be served on any other occupier of the premises.
Part 2
suspicion of a disease
5 Initial
investigation
(1) Where
a veterinary inspector investigates following notification of disease under Article 12(1)
or 15(2) of the Law and cannot rule out the presence of disease, a veterinary
inspector must, according to those findings –
(a) confirm
that disease is still suspected and serve a notice under Article 6(3); or
(b) confirm
the presence of disease and serve a notice under Article 8(1).
(2) However,
if the notification is in respect of West Nile fever Article 20 applies
instead of those notice provisions.
6 Measures
on suspicion of disease.
(1) This
Article applies where a veterinary inspector suspects that an animal or carcase
on premises is or has been infected with a disease such that the premises or
carcase continue to pose the risk of spread of disease.
(2) However,
if the notification is in respect of West Nile fever, Article 20 applies
instead of the notice provisions in this Article.
(3) A
veterinary inspector must serve a notice on the occupier designating premises
as suspect premises.
(4) Where
such a notice is served on the occupier, a veterinary inspector must specify in
the notice whether all or any of the general restrictions apply together with
any additional measures that a veterinary inspector considers necessary in
order to reduce the risk of the spread of the disease.
(5) A
veterinary inspector must take all reasonable steps to establish whether or not
the disease is present on the suspect premises.
(6) Where
required by the epidemiological situation, the States Veterinary Officer may
order and arrange for the killing of any susceptible animal on the premises.
(7) The
notice served under paragraph (3) may be revoked only if a veterinary
inspector is satisfied that the suspect premises no longer pose a risk of
spread of disease.
(8) On
the revocation of the notice the general restrictions in place and any further
restrictions applied under paragraph (4) cease to apply.
7 Temporary
controlled zone
(1) The
Minister may declare a temporary controlled zone around suspect premises.
(2) The
temporary controlled zone must be of such extent as the Minister considers
necessary to reduce the risk of the spread of disease as far as practicable.
(3) The
declaration must apply all or any of the general restrictions and may apply any
other measure as the Minister considers necessary in all or part of the
temporary controlled zone in order to prevent or reduce the risk of the spread
of disease.
(4) Any
part of a temporary controlled zone that is subsequently incorporated into a
controlled zone will cease to exist as a temporary controlled zone.
(5) The
Minister must revoke the temporary controlled zone if presence of disease has
been ruled out on suspect premises.
Part 3
Infected Premises
8 Designation
of premises as infected premises when presence of disease confirmed
(1) Where
the States Veterinary Officer is satisfied that a disease is or has been
present on premises and the premises or any carcase on the premises continue to
pose the risk of spread of disease, an inspector must serve a notice on the
occupier designating the premises as infected premises.
(2) However,
if the notification is in respect of West Nile fever, Article 20 applies
instead of the notice provisions in this Article.
(3) Where
a notice is served under paragraph (1), a veterinary inspector must specify in
the notice whether all or any of the general restrictions apply together with
any additional measures that a veterinary inspector considers necessary in
order to reduce the risk of the spread of the disease.
(4) For
clarity, those additional measures may include such treatment as may be
required by the veterinary inspector.
9 Killing
of animals on infected premises
If premises are designated as infected premises the Minister may
arrange, without delay and in accordance with Article 17(1) of the Law, for
the killing of any or all susceptible animals on the premises.
10 Disposal
of carcasses and preliminary cleansing and disinfection
(1) Where
an animal is killed under this Order other than in accordance with Article 18(1),
the Minister must arrange for the disposal of the carcase.
(2) The
Minister may arrange for the disposal of the carcase of any other animal that
has died, or is suspected to have died, from a disease.
(3) The
Minister must ensure that any such disposal is carried out without delay and in
such a way as to avoid the risk of the spread of disease.
(4) Following
such disposal the Minister may without delay carry out preliminary cleansing and
disinfection by spraying with disinfectant –
(a) all
parts of the premises (other than fields, slurry lagoons and other parts of the
premises where the disinfectant would have no effect) and all equipment or
other things to which the animal has had access; and
(b) anything
contaminated during the killing of the animal.
11 Notice
requiring secondary cleansing and disinfection
(1) Irrespective
of whether or not animals are to be reintroduced on infected premises, an
inspector may serve a notice on the occupier requiring secondary cleansing and
disinfection as specified in the notice.
(2) Secondary
cleansing and disinfection must be carried out in such a way as to minimise the
risk of the spread of disease or survival of any causal agent of the disease.
(3) Following
completion of the secondary cleansing and disinfection, a veterinary inspector
must certify in writing when satisfied that the requirements of the notice have
been completed.
12 Use
of approved disinfectants
(1) Where
disinfection is carried out under this Order any disinfectant used must be –
(a) an
approved disinfectant that is published as being approved in respect of General
Orders; and
(b) used
at the approved dilution rate and in accordance with the manufacturer’s
instructions.
(2) In
this Article –
“approved dilution rate” means the dilution rate
indicated for an approved disinfectants product in the relevant column in the
statutory table under the heading that states the disease for which it is to be
used accompanied by a reference to Orders or, if no such disease is stated,
that states General Orders;
“Orders” means Orders of the description stated in the
relevant column heading of the statutory table;
“statutory table” means the table of Disinfectants
Approved for use in England, Scotland and Wales published by the Department for
Environment, Food and Rural Affairs under powers that include those in the
English Disinfectants Order.
13 Special
measures where vectors involved in outbreak
(1) This
Article applies to the following diseases –
(a) Equine
infectious anaemia;
(b) Equine
Viral Encephalomyelitis;
(c) Epizootic
haemorrhagic disease;
(d) Lumpy
skin disease;
(e) Rift
Valley fever;
(f) Vesicular
stomatitis.
(2) If
the presence of vectors is suspected on premises where disease has been
confirmed, a veterinary inspector may require the occupier to implement
practical measures for controlling the vectors.
14 Revocation
of notice designating premises as infected premises
A veterinary inspector must not revoke a notice served under Article 8(1)
unless the States Veterinary Officer is satisfied that –
(a) the
premises no longer pose a threat of spreading disease;
(b) any
necessary cleansing and disinfection has been completed to the satisfaction of
a veterinary inspector;
(c) for
diseases to which Article 13 applies, vectors no longer pose a threat of spreading
disease on the premises; and
(d) any
sentinel animals used have been tested by a veterinary inspector for disease
with negative results.
15 Restocking
and testing with sentinel animals on infected premises
(1) Where
sentinel animals are to be used in the process of monitoring for the resurgence
of disease, a veterinary inspector must license the introduction of sentinel
animals onto the premises and their numbers and placement must be in accordance
with the conditions of the licence.
(2) A
veterinary inspector must not grant a licence under paragraph (1) unless –
(a) at
least 21 days has elapsed since the completion of any required secondary
cleansing and disinfection to the satisfaction of a veterinary inspector; and
(b) in
the case of diseases to which Article 13 applies, the States Veterinary
Officer is satisfied that vectors no longer pose a threat of spreading disease
on the premises.
(3) The
sentinel animals must –
(a) have
come from premises not subject to any relevant disease controls or restrictions
under this Order; or
(b) have
been tested at the expense of the occupier before being brought on to the
premises and found to be negative for the presence of disease.
(4) A
person must not allow a sentinel animal to leave premises subject to a notice
served under Article 8(1) unless –
(a) licensed
to do so by a veterinary inspector; or
(b) the
notice has been revoked.
(5) All
costs associated with the use of sentinel animals are at the occupier’s
expense.
Part 4
Suspicion and confirmation of disease at
slaughterhouse
16 Application
of this Part
This Part does not apply to enzootic bovine leucosis.
17 Requirement
to serve notice
(1) Where
a veterinary inspector has examined an animal carcase at a slaughterhouse and
cannot rule out the presence of a disease on it (a “suspect
animal”) an inspector must serve a notice on the operator of the
slaughterhouse.
(2) The
notice may set out the requirements of Article 12(3) of the Law and may
additionally impose on that operator all or any of the following
measures –
(a) no
susceptible animal or carcase to be moved to or from the slaughterhouse;
(b) no
other animal to be moved to or from the slaughterhouse if the veterinary
inspector suspects there is a risk that it could spread disease;
(c) to
take all biosecurity measures that the veterinary inspector believes are
necessary.
(3) A
veterinary inspector may take samples from an animal, carcase or any other
thing and have those samples tested to ascertain whether or not disease is
present at the slaughterhouse.
(4) If
following the results of investigations by a veterinary inspector the States
Veterinary Officer is satisfied that that disease is not present at the
slaughterhouse, a veterinary inspector must as soon as reasonably practicable
revoke the notice served under paragraph (1).
18 Killing
of animals at slaughterhouse
(1) If
the States Veterinary Officer is satisfied that disease is present at the
slaughterhouse the Minister may ensure that all susceptible animals are killed
without delay under the supervision of a veterinary inspector.
(2) After
the killing –
(a) the
operator of the slaughterhouse must destroy as required by a veterinary inspector
the carcases and offal of infected or other animals;
(b) the
operator of the slaughterhouse must cleanse and disinfect buildings, equipment
and vehicles (including if appropriate control of vectors) as instructed by a
veterinary inspector;
(c) subject
to sub-paragraph (d), a veterinary inspector must revoke the notice served
under Article 17(1) once that cleansing and disinfection has been
completed to the satisfaction of the veterinary inspector;
(d) in
the case of diseases to which Article 13 applies the veterinary inspector
must also be satisfied that any necessary vector controls have been effectively
applied before revoking the notice served under Article 17(1).
Part 5
Area controls following confirmation of
disease
19 Controlled
zones
(1) Where
the existence of disease has been confirmed on any premises the Minister may
declare one or more controlled zones around the premises.
(2) The
zones must be centred on the part of the premises that the Minister considers
most appropriate for disease control and be of such radius as the Minister
considers necessary to reduce the risk of spread of disease.
(3) The
Minister may ensure that within those zones, as far as is reasonably
practicable –
(a) premises
that contain susceptible animals are identified; and
(b) veterinary
inspectors visit such identified premises to –
(i) inspect, and as
necessary examine, the animals on the premises, and
(ii) collect and have
tested such samples as the States Veterinary Officer considers necessary.
(4) The
declaration must apply all or any of the general restrictions and may apply any
other measure as the Minister considers necessary in all or part of a controlled
zone in order to prevent or reduce the risk of the spread of disease.
(5) The
Minister must keep in place a controlled zone until the States Veterinary
Officer is satisfied that –
(a) sufficient
time has elapsed since the killing of susceptible animals on any infected
premises for disease to have recurred in the zone; and
(b) effective
cleansing and disinfection on the infected premises has been carried out.
Part 6
miscellaneous and closing provisions
20 Notice
provisions in cases of West Nile fever
(1) This
Article applies where the disease referred to in Article 5(1), 6(1) or 8(1)
is West Nile fever.
(2) Where
this Article applies a veterinary inspector must serve a notice on the main
occupier requiring all horses on the premises to remain there until a
veterinary inspector has examined as many of the horses as he or she considers
necessary.
(3) When
a notice has been served under paragraph (2) a veterinary
inspector –
(a) must
confirm in writing to the occupier that all the horses that need to be examined
have been examined and that the notice served under paragraph (2) ceases
to have effect;
(b) may
confirm that notification of further suspect horses under Article 12(1) of
the Law in relation to the outbreak is not necessary.
21 Prohibition
on vaccination except in certain cases
(1) A
person must not vaccinate any animal against disease other than –
(a) a
horse against equine viral arteritis or against West Nile fever;
(b) in
accordance with a licence granted by a veterinary inspector;
(c) if
the animal is in a vaccination zone declared by the Minister under this
Article, in accordance with the terms of that declaration; or
(d) in
accordance with the terms of a notice served by a veterinary inspector on the
occupier of premises requiring vaccination of any animal.
(2) The
cost of any vaccination under this Article is to be borne by the keeper of the
animal being vaccinated unless the licence, declaration or notice, as the case
may be, states otherwise.
22 Publication
of results of veterinary inquiry
(1) This
Article applies to equine viral arteritis.
(2) Where
a veterinary officer makes an investigation following notification of disease
under Article 12(1) of the Law –
(a) upon
confirmation being given under Article 5(1)(b) of the presence of disease
in any stallion the Minister may publish, in such manner as he or she thinks
fit, the fact of confirmation and the name and location of the stallion; and
(b) thereafter
if the States Veterinary Officer or person authorized by him or her is
satisfied that the disease or the virus no longer exists in that stallion, the
Minister must publish in the same manner that fact and the name and location of
the stallion.
(3) Where
the investigation mentioned in paragraph (2) is postponed –
(a) the
Minister may publish, in such manner as he or she thinks fit, the fact that
existence of the disease or the virus in a stallion is suspected and the name
and location for that stallion; and
(b) where
publication has been made under sub-paragraph (a), upon confirmation by or
on behalf of the States Veterinary Officer that the disease or the virus does
not exist in the stallion, the Minister must publish in the same manner that
fact and the name and location of that stallion.
23 Records
The occupier must keep any record required under a notice given or
zone declared under Article 7, 19 or 21 for at least 6 months after –
(a) the
revocation of the notice; or
(b) the
premises cease to be within any such zone,
whichever is the later.
24 Revocations
The following Orders are revoked –
(a) Anthrax
(Jersey) Order 1958[3];
(b) Aujeszky’s
Disease (Jersey) Order 1984[4];
(c) Enzootic
Bovine Leucosis Disease (Jersey) Order 1984[5];
(d) Epizootic
Lymphangitis (Jersey) Order 1958[6];
(e) Glanders
or Farcy (Jersey) Order 1958[7];
(f) Pleuro-Pneumonia
(Jersey) Order 1958[8];
(g) Sheep
Pox (Jersey) Order 1958[9];
(h) Sheep
Scab (Jersey) Order 1958[10];
(i) Diseases
of Animals (Infectious Bovine Rhinotracheitis) (Jersey) Order 2012[11].
25 Citation
and commencement
This Order may be cited as
the Animal Health (Miscellaneous Exotic Diseases) (Jersey) Order 2017 and
shall come into force on 1st February 2017.
deputy s.g. luce of st. martin
Minister for the Environment