Statutory Instrument 1991 No. 1381

The Blue Eared Pig Disease Order 1991

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© Crown Copyright 1991

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1991 No. 1381

ANIMALS

The Blue Eared Pig Disease Order 1991

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, 7(1), 8(1), 15(4), 17(1), 23, 25, 83(2), and 88(2) 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 Blue Eared Pig Disease Order 1991 and shall come into force on 13th June 1991 at 12.01 pm.

Interpretation
    2.—(1)  In this Order, unless the context otherwise requires—

"the Act" means the Animal Health Act 1981;


"Chief Veterinary Officer" means the Chief Veterinary Officer of the Ministry;


"the disease" means the Blue Eared Pig Disease;


"diseased" means affected with the disease;


"disinfectant" means listed in Schedule 1 or Schedule 2 of the Disease of Animals (Approved Disinfectants) Order 1978^[2] as approved for use in respect of Fowl Pest;


"Divisional Veterinary Officer" means the veterinary inspector appointed for the time being by the Minister to receive information about diseased or suspected animals or the carcases of such animals, for the area in which such animals or carcases are;


"infected area" means an area declared to be an infected area under article 12(1);


"infected place" means a place declared to be an infected place under article 5(1);


"occupier" means, in relation to any premises, the owner, occupier or person in charge of the premises;


"owner" includes, in relation to any pig or thing, a person having possession, charge or control of that pig or thing;


"premises" includes land, with or without buildings;


"slaughterhouse" means—
 (a) in relation to England and Wales, a slaughterhouse or knacker's yard as defined in section 34 of the Slaughterhouses Act 1974^[3]; and
 (b) in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980^[4];


"suspected" means suspected of being diseased;


"veterinary surgeon" means a person registered in the register of veterinary surgeons kept under section 2 of the Veterinary Surgeons Act 1966^[5] or the supplementary veterinary register kept under section 8 of that Act.

    (2)  Unless the context otherwise requires, any reference in this Order—
 (a) to a numbered article or Schedule, is a reference to the article or Schedule bearing that number in this Order, and
 (b) to a lettered form, is a reference to the form bearing that letter in Schedule 2 to this Order.

Extension of definition of disease for the purposes of the Act
    3.    For the purposes of the Act in its application to this Order, the definition of disease in section 88(1) of the Act shall be extended so that it shall for those purposes comprise the disease.

Notice of specified disease
    4.—(1)  A person who has in his possession or under his charge any pig or pig carcase which he suspects is diseased, and any veterinary surgeon or other person who, in the course of his duties, suspects the presence of the disease on any premises shall give notice of his suspicion as soon as practicable to the Divisional Veterinary Officer.

    (2)  A person who has in his possession or under his charge a pig or pig carcase which he suspects is diseased shall ensure that no pig or pig carcase is moved from the premises until a veterinary inquiry in accordance with article 6 has been completed.

Declaration of infected place
    5.—(1)  If a veterinary inspector has reasonable grounds for supposing that the disease exists or has within 56 days existed on any premises he shall serve a notice in form A on the occupier of the premises declaring them to be an infected place.

    (2)  An infected place shall be subject to the requirements set out in Schedule 1 until a notice in form B is served in accordance with article 6(5) or (6).

    (3)  For the purpose of preventing the spread of the disease, a veterinary inspector may, by notice served on the occupier of the infected place—
 (a) add such requirements as are specified in the notice; or
 (b) modify or disapply such requirements as are set out in Schedule 1 or in the notice served under subparagraph (a) above.

    (4)  A veterinary inspector may at any time alter the limits of an infected place by the service of a notice in form C on the occupier.

Veterinary inquiry as to the existence of disease
    6.—(1)  If a veterinary inspector has reasonable grounds for supposing that the disease exists or has within 56 days existed on any premises he shall with all practicable speed inquire as to the correctness of the supposition.

    (2)  For the purposes of such an inquiry a veterinary inspector may—
 (a) examine any pig or pig carcase on the premises;
 (b) take or cause to be taken from any such pig or pig carcase any sample he may require for the purposes of diagnosis;
 (c) mark or cause to be marked any such pig or pig carcase for identification purposes; and
 (d) examine any records relating to the origin, health and productivity of any pig which is, or has been, on the premises, and to take copies of such records.

    (3)  The occupier of the premises, any person in his employment, any veterinary surgeon who has been attending or who has been consulted respecting any pig or pig carcase on the premises and any person who is or has been in charge of or in contact with any such pig or pig carcase, shall provide such information and facilities and render such assistance as may be required for the purposes of the inquiry.

    (4)  If on completion of the inquiry the veterinary inspector is of the opinion that the disease exists or has within 56 days existed on the premises his opinion to that effect shall be subject to confirmation by or on behalf of the Chief Veterinary Officer.

    (5)  If on completion of the inquiry the veterinary inspector is of the opinion that the disease does not exist and has not within 56 days existed on the premises, or if his opinion as to the extistence of the disease on the premises is not confirmed by or on behalf of the Chief Veterinary Officer in accordance with paragraph (4), then the notice in form A served in respect of the premises shall be cancelled forthwith by the service of a notice in form B on the occupier by an inspector of the Ministry.

    (6)  In any other case, when the veterinary inspector is satisfied that the disease no longer exists on the premises, the notice in form A served in respect of the premises shall be cancelled by the service of a notice in form B on the occupier by an inspector of the Ministry.

Restrictions on premises exposed to infection
    7.—(1)  If a veterinary inspector has reasonable grounds for supposing—
 (a) that the disease may spread to any premises; or
 (b) that on any premises there is or has within 56 days been a pig which has been exposed to the infection of the disease,
he may serve a notice in form D on the occupier.

    (2)  Until the notice in form D is cancelled by service of a notice in form E on the occupier by an inspector of the Ministry—
 (a) no person shall move any pig, pig carcase or pig semen or ovum on to or from the premises except under the authority of a licence granted by an inspector of the Ministry;
 (b) no person shall allow any pig to stray from the premises or come into contact with any pig on any other premises; and
 (c) the premises shall be subject to such other requirements specified in the notice as the veterinary inspector may consider necessary for the purpose of preventing the spread of the disease.

Power of veterinary inspectors to prohibit or control movement
    8.    If a veterinary inspector has reasonable grounds for supposing that the movement of any pig, pig carcase, or other thing to or from any premises would give rise to the risk of the spread of the disease he may, for the purpose of preventing the spread of the disease, by notice served on the occupier of the premises, prohibit the movement of any pig, pig carcase, or other thing to or from the premises, except under the authority of a licence granted by an inspector of the Ministry.

Marking of pigs
    9.    An inspector of the Ministry may mark, or cause to be marked, any pig or pig carcase.

Cleansing and disinfection
    10.—(1)  An inspector may serve on the occupier of any premises on which there is or has within 56 days been a diseased or suspected pig or pig carcase a notice requiring him to cleanse and disinfect in such manner and within such period as may be specified in the notice, and with such disinfectant as is specified in the notice,—
 (a) all or any part of the premises;
 (b) any apparatus, equipment or other thing used in connection with the pig or pig carcase.

    (2)  If the requirements of the notice are not complied with an inspector may, without prejudice to any proceedings for an offence arising out of the default, carry out or cause to be carried out the cleansing and disinfection, and any expenses reasonably incurred in doing so shall be recoverable by the Minister or as the case may be the local authority as a civil debt from the occupier.

Declaration of infected area
    11.—(1)  If the Minister knows or suspects that the disease exists in any area he may by declaratory order declare the area to be an infected area.

    (2)  An area shall remain an infected area until such date as may be specified by the Minister or, if none, until the declaratory order is withdrawn by the Minister.

    (3)  Any premises which are partly inside and partly outside an infected area shall be deemed to be wholly inside the area.

Restrictions on movement of pigs out of an infected area
    12.—(1)  No person shall move any pig out of an infected area—
 (a) except where the pig is moved direct to a slaughterhouse; or
 (b) except where the pig is moved through the area without being unloaded from a place outside the area direct to another place outside the area—
 (i) by railway, or
 (ii) by motorway, provided the vehicle in which it is carried does not stop on or leave the motorway; or
 (c) except under the authority of a licence granted by a veterinary inspector.

    (2)  Any person who moves a pig in accordance with paragraph (1)(a) above shall ensure that the vehicle used to move the pig is thoroughly cleansed and disinfected as soon as practicable after arrival at the slaughterhouse and, in any event, before the vehicle is used again for the movement of any pig.

General provisions as to licences
    13.—(1)  Any licence issued under this Order may be revoked or varied or issued subject to conditions.

    (2)  Any person who moves any pig, pig carcase or other thing under the authority of a licence under this Order shall—
 (a) ensure that the licence accompanies the pig, pig carcase or other thing; and
 (b) on demand made by an inspector or a member of a police force produce the licence and allow a copy or extract to be taken.

    (3)  An inspector who issues a licence authorising a movement shall with all practicable speed send a copy of the licence to the local authority to whose area the movement is authorised.

Enforcement
    14.—(1)  The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.

    (2)  A copy of any notice served under this Order shall, with all practicable speed, be forwarded by the serving authority to the local authority for the area in which the premises, pigs or other things which are the subject of the notice are situated and to the Divisional Veterinary Officer.

Offences
    15.    A person shall be guilty of an offence against the Act who, without lawful authority or excuse, proof of which shall lie on him—
 (a) contravenes article 4(1), 4(2), 6(3), 7(2), 12(1), 12(2) or 13(2); or
 (b) fails to comply with any notice issued under article 5(3), 8 or 10(1); or
 (c) contravenes the provisions of any licence issued under article 7(2)(a), 8 or 12(c); or
 (d) alters, removes or defaces any mark applied under article 6(2)(c) or 9; or
 (e) fails to comply with any requirement contained in a notice served under paragraph (1) or (3) or article 5 of article 7(2)(c); or
 (f) causes or permits any such contravention or non-compliance.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
13th June 1991 at 12.00 noon.


John Selwyn Gummer

Minister of Agriculture, Fisheries and Food


Ian Lang

Secretary of State for Scotland

13th June 1991

David Hunt

Secretary of State for Wales

13th June 1991

[1] 1981 c. 22. See section 86(1)(c) for the definition of Ministers. back

[2] S.I. 1978/32 amended by S.I. 1991/631. back

[3] 1974 c. 3. back

[4] 1980 c. 13. back

[5] 1966 c. 36. Section 2 was amended by S.I. 1980/1951. back

Explanatory Note