Statutory Instrument 1989 No. 1963

The Poultry Breeding Flocks and Hatcheries (Registration and Testing) Order 1989

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© Crown Copyright 1989

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1989 No. 1963

ANIMALS
ANIMAL HEALTH

The Poultry Breeding Flocks and Hatcheries (Registration and Testing) 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 and 86(1) 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.—(1)  This Order may be cited as the Poultry Breeding Flocks and Hatcheries (Registration and Testing) Order 1989 and, except for articles 3 and 4 shall come into force on 26th October 1989.

    (2)  Articles 3 and 4 shall come into force on 2nd April 1990.

Interpretation
    2.—(1)  In this Order, unless the context otherwise requires-
"the Act" means the Animal Health Act 1981;
"the appropriate Minister" means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
"approved disinfectant" means a disinfectant for the time being listed in the Diseases of Animals (Approved Disinfectants) Order 1978^[2] as approved for use under a general order;
"authorised laboratory" means a laboratory authorised in writing by the Minister for the purposes of this Order;
"breeding flock" means any flock of poultry consisting of not less than 25 birds which are kept (or are being reared) for the production of hatching eggs or birds for (in either case) sale or supply for breeding purposes or for the production of eggs or for meat;
"the Breeding Flocks Register" means the register kept by the appropriate Minister under article 3(2);
"chicks" means poultry less than 72 hours old which have not been fed;
"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;
"composite faeces sample" means a sample of faeces consisting of a number of individual samples of faeces calculated in accordance with the appropriate provisions of Part I of Schedule 3 each of which weighs not less than 1 gram and is taken from a site selected at random to represent the house or group of houses on the premises from which it is taken;
"hatching eggs" means eggs intended for incubation;
"the Hatcheries Register" means the register kept by the appropriate Minister under article 4(2);
"hatchery" means any premises, with a total incubator capacity of not less than 1,000 eggs, on which the eggs of poultry are incubated or hatched and from which chicks are sold or supplied;
"house" means-
 (a) a building (including a shed); or
 (b) a part of a building separated from other parts of that building by a solid partition and having its own ventilation system;
"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 tests on samples mentioned in Parts I and II of Schedule 3 in accordance with the provisions of Part III of that Schedule;
"the Minister" and "the Ministry" mean respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
"poultry" means domestic fowls, turkeys, geese or ducks;
"premises" includes land;
"rearing premises" means any premises on which chicks are placed for rearing as replacement breeding stock;
"sanitised", in relation to any eggs, means-
 (a) fumigated with formaldehyde;
 (b) sprayed with or immersed in an egg shell disinfectant in accordance with the manufacturer's instructions; or
 (c) made hygienic by any other method approved by the Minister;


"vermin" means rats, mice, flies or cockroaches;
"veterinary inspector" means a veterinary inspector appointed by the Minister.

    (2)  Until the coming into force of articles 3 and 4 any reference in this Order to a person whose name is entered in the Breeding Flocks Register or in the Hatcheries Register in respect of any premises shall be a reference to a person who is keeping a breeding flock on any premises or (as the case may be) to a person who is using any premises as a hatchery and whose name will be required to be entered in the Breeding Flocks Register or in the Hatcheries Register in respect of those premises in accordance with article 3 or 4 when those articles come into force.

    (3)  Any reference in this Order to the supply of any hatching eggs, chicks or birds shall be deemed to include the transfer of them from one premises to any other premises whether or not in the same ownership or occupation for breeding purposes or for the production of eggs or for meat.

    (4)  After 1st June 1990 any reference in this Order to a laboratory shall be a reference to an authorised laboratory.

    (5)  Any reference in this Order to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order.

Registration of breeding flocks
    3.—(1)  Subject to paragraph (9) below, no person shall keep a breeding flock on any premises unless his name is entered in the Breeding Flocks Register in respect of the premises on which the flock is kept.

    (2)  The appropriate Minister shall keep, for the purpose of paragraph (1) above, a register of persons as being persons entitled to keep a breeding flock on premises in respect of which their names are entered in the register.

    (3)  Where a person makes an application in writing to the appropriate Minister for his name to be entered in the Breeding Flocks Register in respect of any premises the appropriate Minister shall, subject to paragraphs (4) and (5) below, enter his name in the Breeding Flocks Register in respect of those premises and shall issue to the applicant a certificate of such registration.

    (4)  The appropriate Minister shall refuse to enter the name of any person in the Breeding Flocks Register in respect of any premises unless all the particulars specified in Part I of Schedule 1 are notified to him in writing.

    (5)  The appropriate Minister shall refuse to enter the name of any person in the Breeding Flocks Register in respect of any premises if, as a result of an inspection carried out on the premises by an inspector of the Minister, he is satisfied that any of the requirements specified in Part I of Schedule 2, in so far as it relates to the location or to the construction or adaption of premises on which a breeding flock is kept, is not being complied with or will not be able to be complied with by the date on which registration would otherwise have been effected.

    (6)  The registration of the name of a person in the Breeding Flocks Register in respect of any premises shall remain in force for a period of one year.

    (7)  A person who wishes to renew the registration of his name in the Breeding Flocks Register in respect of any premises for a further period of one year from the date of its expiry shall make an application in writing to the appropriate Minister before such date.

    (8)  On receipt of an application for the renewal of the registration of the name of a person in the Breeding Flocks Register in respect of any premises the appropriate Minister shall renew such registration for a further period of one year from the date of its expiry unless, as a result of an inspection carried out on the premises by an inspector of the Minister, he is satisfied that the applicant has failed to comply with any of the requirements specified in Part I of Schedule 2 relating to the keeping of a breeding flock on those premises.

    (9)  The provisions of paragraph (1) above shall not apply in the case of a breeding flock consisting of birds which are kept solely for the production of hatching eggs or chicks for use (in either case) in the manufacture of vaccines or for research or other scientific purposes.

Registration of hatcheries
    4.—(1)  Subject to paragraph (9) below, no person shall use any premises as a hatchery unless his name is entered in the Hatcheries Register in respect of those premises.

    (2)  The appropriate Minister shall keep, for the purpose of paragraph (1) above, a register of persons as being persons entitled to use as a hatchery any premises in respect of which their names are entered in the register.

    (3)  Where a person makes an application in writing to the appropriate Minister for his name to be entered in the Hatcheries Register in respect of any premises the appropriate Minister shall, subject to paragraphs (4) and (5) below, enter his name in the Hatcheries Register in respect of those premises and shall issue to the applicant a certificate of such registration.

    (4)  The appropriate Minister shall refuse to enter the name of any person in the Hatcheries Register in respect of any premises unless all particulars specified in Part II of Schedule 1 are notified to him in writing.

    (5)  The appropriate Minister shall refuse to enter the name of any person in the Hatcheries Register in respect of any premises if, as a result of an inspection carried out on the premises by an inspector of the Minister, he is satisfied that any of the requirements specified in Part II of Schedule 2, in so far as it relates to the location or to the construction or adaption of premises which are used as a hatchery, is not being complied with or will not be complied with by the date on which registration could otherwise have been effected.

    (6)  The Registration of the name of a person in the Hatcheries Register in respect of any premises shall remain in force for a period of one year.

    (7)  A person who wishes to renew the registration of his name in the Hatcheries Register in respect of any premises for a further period of one year from the date of its expiry shall make an application in writing to the appropriate Minister before such date.

    (8)  On receipt of an application for the renewal of the name of a person in the Hatcheries Register in respect of any premises the appropriate Minister shall renew such registration for a further period of one year from the date of its expiry unless, as a result of an inspection carried out on the premises by an inspector of the Minister, he is satisfied that the applicant has failed to comply with any of the requirements specified in Part II of Schedule 2 relating to the use of those premises as a hatchery.

    (9)  The provisions of paragraph (1) above shall not apply in the case of any premises used solely for the incubation or hatching of eggs from which chicks are sold or supplied for use in the manufacture of vaccines or for research or other scientific purposes.

Duties of registered persons in respect of breeding flocks and hatcheries
    5.    It shall be the duty of a person whose name is entered in the Breeding Flocks Register or in the Hatcheries Register in respect of any premises to ensure that the requirements specified in Part I of Schedule 2 relating to the keeping of a breeding flock on those premises or, as the case may be, the requirements specified in Part II of that Schedule relating to the use of those premises as a hatchery are complied with.

Taking of samples from breeding flocks for bacteriological testing for salmonella
    6.    It shall be the duty of a person whose name is entered in the Breeding Flocks Register in respect of any premises on which a breeding flock is kept by him to ensure that-
 (a) samples are taken in respect of the flock in such manner as is specified in Part I of Schedule 3 and at such times as are so specified;
 (b) such samples are identified in such a manner as to enable the laboratory to which they are submitted to know what type of samples they are, the name of the person entered in the Breeding Flocks Register in respect of the premises on which they were taken, the address of those premises and the house (if any) on those premises from which they were taken;
 (c) such samples (other than those required to be taken under the supervision of an officer of the Minister) are dispatched, within 48 hours of being taken, or, in the case of samples required to be taken over a period of 4 consecutive days, within 48 hours of the end of that period, to a laboratory for testing (at his expense) for the presence of salmonella in accordance with an appropriate bacteriological method set out in Part III of that Schedule; and
 (d) in the case of samples required to be taken under the supervision of an officer of the Minister they are given to him after being so taken for testing by the Minister for salmonella in accordance with such a bacteriological method.

Taking of blood samples from domestic fowls in breeding flocks for serological testing forSalmonella pullorum
    7.    It shall be the duty of a person whose name is entered in the Breeding Flocks Register in respect of any premises on which a breeding flock containing any domestic fowls is kept by him to use his best endeavours so as to ensure that-
 (a) blood samples are taken from the fowls in such manner as is specified in Part I of Schedule 4 and at such times as are so specified; and
 (b) such samples are tested (at his expense) by or under the supervision of an officer of the Minister for the presence ofSalmonella pullorum in accordance with the serological method set out in Part II of that Schedule.

Taking of samples from hatcheries for bacteriological testing for salmonella
    8.—(1)  It shall be the duty of a person whose name is entered in the Hatcheries Register in respect of any premises used by him as a hatchery to ensure that-
 (a) samples are taken from the hatchery in such manner as is specified in Part II of Schedule 3 and at such times as are so specified;
 (b) such samples are identified in such a manner as to enable the laboratory to which they are submitted to know what type of samples they are, the name of the person entered in the Hatcheries Register in respect of the premises on which they were taken, the address of those premises and the address of the premises from which the hatching eggs from which the samples were obtained were supplied to the hatchery;
 (c) such samples (other than those required to be taken under the supervision of an officer of the Minister) are dispatched, within 48 hours of being taken, to a laboratory for testing (at his expense) for the presence of salmonella in accordance with an appopriate bacteriological method set out in Part III of that Schedule; and
 (d) in the case of samples required to be taken under the supervision of an officer of the Minister, they are given to him after being so taken for testing by the Minister for salmonella in accordance with such a bacteriological method.

Bacteriological testing of samples from breeding flocks and hatcheries and reporting of results of tests
    9.—(1)  It shall be the duty of the person in charge of a laboratory to which a sample has been submitted under article 6(c) or 8(c) to ensure that-
 (a) the sample is tested for the presence of salmonella in accordance with an appropriate bacteriological method set out in Part III of Schedule 3;
 (b) the result of such a test is reported in writing as soon as practicable to the person who submitted the sample; and
 (c) where, as a result of an examination carried out in accordance with such a bacteriological method, salmonella is isolated from the sample, that a subculture is sent to the Lasswade Veterinary Laboratory of the Ministry situated at Penicuik, Midlothian, Scotland or a Veterinary Investigation Centre of the Ministry in England or Wales.

    (2)  If a person to whom a report is made under paragraph (1)(b) above is not the person whose name is entered in the Breeding Flocks Register or the Hatcheries Register (as the case may be) in respect of the premises on which the sample was taken, he shall immediately pass that report to the person so registered.

Tampering with samples
    10.—(1)  No person shall treat or otherwise tamper with any sample which has been taken for the purposes of this Order.

    (2)  For the purposes of this article a person shall be deemed to have treated a sample if he does anything in relation to it which is likely to affect the result of the test required to be carried out under this Order.

Keeping of records
    11.    A person whose name is entered in the Breeding Flocks Register or in the Hatcheries Register in respect of any premises shall-
 (a) keep a record containing the information specified in Part I of Schedule 5 of any sample taken in respect of the breeding flock or hatchery (as the case may be) in accordance with article 6(a) or 8(a) (as appropriate);
 (b) keep a record of the result of any test carried out on a sample in accordance with article 6(c) or 8(c) (as appopriate) which has been reported to him in accordance with article 9;
 (c) keep a record containing the information specified in Part II of Schedule 5 of tests carried out on any day on blood samples in accordance with article 7(b);
 (d) keep a record containing the information specified in Part III of Schedule 5 of the movement of any poultry, chicks or eggs onto and off the premises on which the breeding flock is kept;
 (e) keep a record containing the information specified in Part IV of Schedule 5 of the movement of any eggs onto and off the premises used as a hatchery and of the movement of any chicks off such premises;
 (f) retain any such record for a period of 1 year from the date on which the sample was taken, or from the date of the test or from the date on which the movement took place (as the case may be);
 (g) produce any 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.

Prohibition on vaccination
    12.    No person shall vaccinate any poultry with any vaccine which is likely to affect the result of any test carried out under this Order on any sample taken from the poultry, except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued.

Exemption
    13.—(1)  The appropriate Minister may, if he thinks it expedient to do so, issue a certificate exempting a person from any of the requirements of article 6, 7 or 8.

    (2)  A certificate issued under paragraph (1) above may be issued subject to such conditions as the appropriate Minister may think fit for preventing the spread of salmonella.

Inspections of premises
    14.    The Minister may, before the appropriate Minister enters the name of any person in the Breeding Flocks Register or in the Hatcheries Register in respect of any premises or before the appropriate Minister renews the registration of a person in either of those registers in respect of any premises, carry out such inspections, examinations and tests as he considers necessary for the purpose of ascertaining whether any of the grounds referred to in this Order exist for the appropriate Minister to refuse to enter the name of a person in either of those registers or to refuse to renew any such registration.

Public inspection of registers
    15.    The appropriate Minister shall make available for inspection at any reasonable time the names of persons who are for the time being entered in the Breeding Flocks Register or the Hatcheries Register and the addresses of the premises in respect of which they are so registered.

Powers of Ministry inspectors in cases of default
    16.    If any person fails to take any action required to be taken by him under any of the provisions of this Order, an inspector of the Minister 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 him in doing so shall be recoverable by the appropriate Minister as a civil debt from the person in default.

Offences
    17.    Any person who, without lawful authority or excuse, proof of which shall lie on him,-
 (a) contravenes or fails to comply with any provision of this Order or with any provision of a licence or certificate issued under this Order; or
 (b) fails to comply with any condition of any such licence or certificate,
commits an offence against the Act.

Local authority to enforce Order
    18.    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
19th October 1989.


John Gummer

Minister of Agriculture, Fisheries and Food


Sanderson of Bowden

Minister of State, Scottish Office

18th October 1989

Peter Walker

Secretary of State for Wales

18th October 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

[2] S.I. 1978/32; relevant amending instruments are S.I. 1989/144 and 1555. back

Explanatory Note