Duties on the occupier of premises to which the carcases of wild game birds are sent

14.  The occupier of premises to which the carcase of any wild game bird from a protection, surveillance or restricted zone is sent must ensure that meat from that bird is obtained, cut, transported and stored separately from other meat.

Restrictions on the movement of bird by-products

15.—(1) Subject to paragraph (2), a person shall not move any bird by-product derived wholly or partially from any bird in a protection, surveillance or restricted zone—

(a) from a protection or surveillance zone to a restricted zone;

(b) from a restricted zone to a protection or surveillance zone;

(c) to an unrestricted area;

(d) to another member State; or

(e) to a third country.

(2) The Department may licence the movement of any of the following bird by-products—

(a) processed animal protein, within the meaning of paragraph 42 of Annex I to Regulation (EC) No. 1774/2002, which complies with the requirements in Part A of Chapter II of Annex VII to that Regulation and with paragraph (3) below;

(b) blood products, within the meaning of paragraph 4 of Annex I to Regulation (EC) No. 1774/2002, which comply with the requirements in Part B of Chapter III of Annex VII to that Regulation and with paragraph (3) below;

(c) rendered fats, within the meaning of paragraph 50 of Annex I to Regulation (EC) No. 1774/2002, which comply with the requirements in Part A of Chapter IV of Annex VII to that Regulation and with paragraph (3) below;

(d) gelatine, within the meaning of paragraph 26 of Annex I to Regulation (EC) No. 1774/2002, which complies with the requirements in Part A of Chapter VI of Annex VII to that Regulation and with paragraph (3) below;

(e) hydrolysed protein, within the meaning of paragraph 31 of Annex I to Regulation (EC) No. 1774/2002, which complies with the requirements in Part B of Chapter VI of Annex VII to that Regulation and with paragraph (3) below;

(f) dicalcium phosphate, within the meaning of Part A of Chapter VII of Annex VII to Regulation (EC) No. 1774/2002, which complies with the requirements of that Part and with paragraph (3) below;

(g) tricalcium phosphate, within the meaning of Part A of Chapter VIII of Annex VII to Regulation (EC) No. 1774/2002, which complies with the requirements of that Part and with paragraph (3) below;

(h) collagen, within the meaning of paragraph 59 of Annex I to Regulation (EC) No. 1774/2002, which complies with the requirements in Part A of Chapter IX of Annex VII to that Regulation and with paragraph (3) below;

(i) egg products, within the meaning of Part A of Chapter X of Annex VII to Regulation (EC) No. 1774/2002, which comply with that Part and with paragraph (3) below;

(j) processed petfood, within the meaning of paragraph 43 of Annex I to Regulation (EC) No. 1774/2002, which complies with the requirements in Part B of Chapter II of Annex VIII to that Regulation;

(k) dogchews, within the meaning of paragraph 22 of Annex I to Regulation (EC) No. 1774/2002, which comply with the requirements in Part B of Chapter II of Annex VIII to that Regulation;

(l) processed manure and processed manure products, within the meaning of Part A of Chapter III(II) of Annex VIII to Regulation (EC) No. 1774/2002, which comply with the requirements for placing on the market in that Part;

(m) by-products to a designated incineration plant, processing plant, oleochemical plant, biogas and composting plant, petfood plant or technical plant; for disposal, treatment, transformation or use;

(n) by-products to users or collection centres authorised and registered in accordance with Article 23(2) of Regulation (EC) No. 1774/2002 for the feeding of animals after the by-products have been treated in accordance with paragraph 5(a)(ii) of Annex IX to that Regulation or by another treatment which ensures that no virus causing avian influenza remains;

(o) game trophies of birds having undergone a complete taxidermy treatment ensuring their preservation at ambient temperatures;

(p) poultry feathers or parts of poultry feathers which have been treated with a steam current, or by another method which ensures that no virus causing avian influenza remains; and

(q) untreated feathers or parts of untreated feathers produced from poultry or wild game birds from a restricted zone which comply with the requirements of point 1(a) of Part A of Chapter VIII of Annex VIII to Regulation (EC) No. 1774/2002.

(3) A person shall not move any bird by-product referred to in paragraph (2)(a) to (i) unless it has been processed at a processing plant in accordance with Annex V to Regulation (EC) No. 1774/2002.

(4) By-products from poultry, referred to in paragraphs (2)(p) and (q), must be accompanied by a commercial document in accordance with Chapter X of Annex II to Regulation (EC) No. 1774/2002.

(5) Point 6.1 of the commercial document accompanying by-products referred to in paragraph (2)(p) must state that they have been treated with a steam current or with another method to ensure that no virus causing avian influenza remains.

(6) Paragraph (4) does not apply to—

(a) processed decorative feathers;

(b) processed feathers carried by travellers for their private use; or

(c) consignments of processed feathers sent to private individuals for non-industrial purposes.

Ban on bird gatherings

16.—(1) A person shall not arrange any fair, market, show, exhibition or other gathering involving the collecting together of poultry or other captive birds in a restricted zone.

(2) A person shall not bring any poultry or other captive bird to such a gathering in such a zone.

Cleansing and disinfection

17.—(1) Any person who is required to carry out disinfection at any premises or of any thing must—

(a) use disinfectants approved by the Department under the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972(14) (“the Disinfectants Order”) for Avian Influenza;

(b) use them at the concentrations approved under the Disinfectants Order; and

(c) use them—

(i) in accordance with the manufacturer’s instructions (if any), or

(ii) if an inspector has instructed otherwise, in accordance with those instructions.

(2) Where cleansing and disinfection of vehicles is required in pursuance of these Regulations at any premises, the occupier of those premises must provide adequate facilities and proper equipment and materials for that cleansing and disinfection.

Record keeping

18.—(1) A person moving poultry, other captive birds or their products under a licence granted under these Regulations must—

(a) within 24 hours after the movement, make a record of—

(i) what is moved, including its quantity,

(ii) the date of the movement,

(iii) the name of the consignor,

(iv) the address of the premises from which the movement started,

(v) the registration number of any vehicle used,

(vi) the name of the consignee,

(vii) the address of the destination; and

(b) retain it for at least six weeks from the date the movement was completed.

(2) A person who is required to make any other record must retain it for at least twelve months from the date the record is made.

(3) A person required to produce a record must do so without delay.

(4) On production of the record, an inspector may—

(a) copy the record, in whatever form it is held;

(b) require any computer record to be produced in a form which can be taken away; and

(c) remove any record and retain it until he has carried out his functions under these Regulations.

Change of occupation of premises under restriction

19.—(1) This regulation applies if the keeper of any poultry, other captive bird or mammal is unable to move it from premises on the termination of his right of occupation because of a movement restriction imposed under these Regulations and continues to apply for seven days after any such restriction has been removed.

(2) The person entitled to occupation of the premises following that termination must—

(a) provide such facilities for feeding, tending or otherwise using the poultry, other captive bird or mammal (including selling it) as the keeper may reasonably require; and

(b) allow entry to the premises to that keeper and any person authorised by him at reasonable times for feeding, tending or otherwise using the poultry, other captive bird or mammal.

(3) If the keeper is unable or unwilling to feed or tend the poultry, other captive bird or mammal, the person entitled to occupation of the premises must take such steps as are necessary to ensure it is properly fed and tended.

(4) The keeper is liable to pay the reasonable costs incurred under this regulation by any person feeding or tending it, or providing facilities for feeding, tending or otherwise using it.

Powers of inspectors

20.—(1) An inspector may mark any bird or other thing for identification purposes.

(2) An inspector may require—

(a) the person in charge of any vehicle or equipment to cleanse and disinfect it, by serving a notice on him; and

(b) the detention and isolation of any vehicle, equipment or other thing, by serving a notice on the occupier of the premises where it is kept, or on the person in charge of it.

(3) An inspector may cleanse and disinfect any premises.

(4) An inspector may require—

(a) the cleansing and disinfection of any thing, by serving a notice on the occupier of the premises where it is kept, or on the person in charge of it;

(b) the cleansing and disinfection of any premises, by serving a notice on the occupier of the premises;

(c) the detention or isolation in a specified place of any animal or bird, by serving a notice on the occupier of the premises where it is kept, or on its keeper;

(d) the separation of any animal or bird from any other animal or bird, by serving a notice on the occupier of the premises where it is kept, or on its keeper.

Powers of inspectors in case of default

21.—(1) If any person fails to comply with a requirement under these Regulations, an inspector may take such steps he considers necessary to ensure the requirement is met, at the expense of that person.

(2) An inspector’s powers under paragraph (1) include powers—

(a) to require, by notice, any person to take or refrain from specified action in respect of any place, animal, bird, vehicle, or other thing; and

(b) to seize and detain any thing.

Duty to provide reasonable assistance

22.—(1) The occupier of any premises from or to which he wishes any thing to be moved under licence under these Regulations must allow an inspector to enter those premises for the purposes of deciding whether or not such a licence should be granted or maintained.

(2) The occupier must give all reasonable assistance to an inspector who visits the premises to examine the birds and to take samples.

General duties relating to execution of these Regulations

23.—(1) Any person required to give assistance or information to a person executing these Regulations must, unless he has reasonable cause, do so without delay.

(2) A person shall not deface, obscure or remove any mark applied by an inspector under regulation 20(1).

(3) A person shall not provide information which he knows to be false or misleading to a person executing these Regulations.

(4) The costs incurred by any person in taking action required, or in refraining from taking action prohibited, under these Regulations must be met by that person unless the Department directs otherwise in writing.

(5) A person to whom a requirement in or imposed by virtue of a licence, notice, designation, or declaration applies must comply with—

(a) the requirement (unless authorised otherwise by licence); and

(b) any request which an inspector may make to him to ensure that the requirement is met unless he has reasonable cause, must do so without delay.

Enforcement, offences and proceedings

24.  The following provisions of the 1981 Order shall apply as if these Regulations were an order made under the 1981 Order—

(a) Article 6 (seizure and destruction of carcases, etc., liable to spread disease);

(b) Article 42 (functions of constables);

(c) Article 46 (general powers of inspectors);

(d) Article 46A (powers of inspectors relating to Community obligations);

(e) Article 48 (power to detain vessels and aircraft);

(f) Article 52 (offences);

(g) Article 54 (defences and evidence);

(h) Article 55 (extension of time for bringing summary proceedings);

(i) Article 56 (venue); and

(j) Article 57 (proceedings under Customs Acts for unlawful landing or shipping).