Statutory Instrument 1989 No. 504

The Testing of Poultry Flocks Order 1989

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© Crown Copyright 1989

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1989 No. 504

ANIMALS ANIMAL HEALTH

The Testing of Poultry Flocks Order 1989

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 1, 72, 86 and 87(5)(b) of the Animal Health Act 1981^[1] and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement
    1.    This Order may be cited as the Testing of Poultry Flocks Order 1989 and shall come into force on 16th March 1989.

Interpretation
    2.    In this Order-
"the Act" means the Animal Health Act 1981;
"appropriate Minister" means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
"chick box liner" means any material used to line a box or other container in which chicks are transported from a hatchery to any rearing premises;
"inspector" means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority and, when used in relation to an officer of the Minister, includes a veterinary inspector;
"laboratory" means any laboratory which has the necessary facilities and personnel for carrying out, and is willing to carry out, tests on samples mentioned in Part I of the Schedule to this Order in accordance with the provisions of Part II of that Schedule;
"the Minister" means the Minister of Agriculture, Fisheries and Food;
"poultry" means domestic fowls of any age;
"poultry flock" means any flock of poultry consisting of-
 (a) not less than 25 birds which are kept for the production of eggs for human consumption or breeding (including birds which are being reared to produce eggs for either of those purposes); or
 (b) less than 25 birds the eggs of which are sold for human consumption;
"rearing premises" means any premises on which 25 or more birds are being reared at any time for the production of eggs for human consumption or breeding;
"veterinary inspector" means a veterinary inspector appointed by the Minister.

Taking of samples from poultry flocks for testing
    3.    It shall be the duty of the owner or person in charge of a poultry flock to ensure that-
 (a) samples are taken in respect of the flock in such manner as is specified in Part I of the Schedule to this Order and at such times as are so specified; and
 (b) such samples are submitted, within 24 hours of being taken, to a laboratory for testing for the presence of salmonella in accordance with the bacteriological method set out in Part II of that Schedule.

Testing of samples from poultry flocks and reporting of results of tests
    4.—(1)  It shall be the duty of the person in charge of a laboratory to which a sample has been submitted under article 3(b) above to ensure that-
 (a) the sample is tested for the presence of salmonella in accordance with the bacteriological method set out in Part II of the Schedule to this Order; and
 (b) the result of such a test is reported in writing as soon as practicable to the person who submitted the sample.

    (2)  If a person to whom a report is made under article 4(1)(b) above is not the owner or person in charge of the flock in respect of which the sample was taken, he shall immediately pass that report to the owner or person in charge of that flock.

Keeping of records
    5.    The owner or person in charge of a poultry flock shall-
 (a) make a record of the result of any test carried out in accordance with article 3(b) above as soon as practicable after he has received a report of such result in accordance with article 4 above;
 (b) retain such record for a period of 3 years from the date of the test; and
 (c) produce such record to an inspector or officer of the appropriate Minister on demand being made by such person at any reasonable time during that period and allow a copy of it or an extract from it to be taken.

Offences
    6.    Any person who, without lawful authority or excuse, proof of which shall lie on him, contravenes or fails to comply with any provision of this Order commits an offence against the Act.

Local authority to enforce Order
    7.    The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
12th March 1989.


John MacGregor

Minister of Agriculture, Fisheries and Food


Sanderson of Bowden

Minister of State, Scottish Office

13th March 1989

Peter Walker

Secretary of State for Wales

15th March 1989

[1] 1981 c. 22; as applied by S.I. 1989/285; section 86(1) contains a definition of "the Ministers" relevant to the exercise of the statutory powers under which this Order is made. back

Explanatory Note