The Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006

PART 3 E+WProducts other than fresh meat etc.

Milk and milk products produced from vaccinated animalsE+W

12.—(1) No person is permitted to sell or consign for sale the milk of a vaccinated animal or any milk product produced from such milk unless it complies with sub-paragraph (2).

(2) Milk and milk products comply with this sub-paragraph if—

(a)they have been treated so as to fall within paragraph 13 or 14 of Schedule 5 to the Order, and

(b)that treatment was carried out either—

(i)inside the vaccination zone on premises complying with sub-paragraph (3), or

(ii)outside the vaccination zone on such premises as the National Assembly may direct.

(3) Premises comply with this sub-paragraph if they satisfy the following requirements—

(a)they are authorised by a licence granted by the National Assembly imposing such conditions as it considers necessary to ensure strict veterinary control;

(b)all milk entering the premises—

(i)has been treated so as to fall within paragraph 13 or 14 of Schedule 5 to the Order, or

(ii)enters for such treatment, or

(iii)is raw milk obtained from outside a vaccination zone;

(c)milk on the premises and leaving the premises is clearly identified as eligible for sale outside the vaccination zone and is at all times stored and transported separately from raw milk and raw milk products which are not so eligible.

Collection, transport and processing of milk produced in a vaccination zoneE+W

13.—(1) No person is permitted to collect and transport milk produced in a vaccination zone unless such transport complies with sub-paragraph (2) and is carried out in a vehicle which complies with sub-paragraph (3).

(2) Transport complies with this sub-paragraph if it is—

(a)transport of samples of raw milk—

(i)to a laboratory authorised in respect of the disease under article 4 of the Specified Animal Pathogens Order 1998 M1, or

(ii)to another laboratory under the authority of a licence granted by an inspector; or

(b)transport to premises other than a laboratory under the authority of a licence granted by an inspector.

(3) A vehicle complies with this sub-paragraph if it—

(a)has been authorised to operate within the part of Wales in which the journey is to take place by a licence granted by the National Assembly, and

(b)has been marked so as to identify the geographical area in which it is authorised to operate in accordance with the directions of the National Assembly.

(4) A licence granted under sub-paragraph (2)(b) must specify the route to be taken and must include a condition prohibiting the vehicle used from entering any premises in the zone where susceptible animals are kept for purposes other than to load milk.

(5) Any person transporting milk under the authority of a licence granted under sub-paragraph (2)(b) must ensure that—

(a)the vehicle used is constructed and maintained so that there is no leakage of milk during transport and is equipped to avoid aerosol dispersion during loading and unloading,

(b)before every loading, the vehicle is cleansed and disinfected in accordance with the directions of an inspector, and

(c)after every loading and before leaving the premises, the connection pipes, tyres, wheel cases and lower parts of the vehicle, and any spillage of milk, are cleansed and disinfected in accordance with the directions of an inspector.

(6) No person is to process milk transported under sub-paragraph (2) except under the authority of a licence granted by an inspector.

Artificial insemination and collection of ova and embryosE+W

14.—(1) No person is permitted to collect semen for artificial insemination from a susceptible animal kept in a semen collection centre in a vaccination zone unless such collection complies with sub-paragraph (3).

(2) No person is permitted to collect ova or embryos from susceptible animals kept in a vaccination zone.

(3) Collection of semen for artificial insemination complies with this sub-paragraph if—

(a)it is under the authority of a licence granted by the National Assembly;

(b)the semen collected is clearly marked in accordance with the directions of the National Assembly;

(c)where the donor animal is unvaccinated—

(i)all animals kept in the semen collection centre have undergone a clinical examination and samples have been subjected to a serological test which substantiates the absence of infection in that centre to the satisfaction of the National Assembly, and

(ii)it has been subjected with negative result to a serological test carried out by the National Assembly for the detection of antibodies against disease on a sample taken not earlier than 28 days after collection of the semen.

(d)where the donor animal is vaccinated—

(i)the vaccination took place following a test for antibodies against the disease virus carried out by the National Assembly with negative result,

(ii)a negative result has been achieved in a test for detection of either the disease virus or viral genome or for the detection of antibody against non-structural proteins, carried out by the National Assembly at the end of the quarantine period for the semen on samples taken from all susceptible animals present at the semen collection centre at that time, and

(iii)5% of the semen from each collection (with a minimum of five straws) has been subjected to a virus isolation test for the disease carried out by the National Assembly with negative results.

(4) No person is permitted to use semen collected in compliance with sub-paragraph (3) for artificial insemination unless it was stored separately from other semen for at least 30 days after collection.

Hides and skinsE+W

15.—(1) This paragraph applies to hides and skins of susceptible animals originating in a vaccination zone.

(2) No person is permitted to sell or consign for sale any animal product to which this paragraph applies unless either—

(a)it was—

(i)produced before the date 21 days before the vaccination zone was declared, and

(ii)at all times stored separately from hides and skins which were not so produced; or

(b)it has been treated so that it falls within paragraph 2 of Schedule 5 to the Order.

Wool, ruminant hair and pig bristlesE+W

16.—(1) This paragraph applies to wool, ruminant hair and pig bristles from animals originating in a vaccination zone.

(2) No person is permitted to sell or consign for sale any animal product to which this paragraph applies unless either—

(a)it was—

(i)produced before the date 21 days before the vaccination zone was declared, and

(ii)at all times stored separately from wool, ruminant hair and pig bristles which were not so produced; or

(b)it has been treated so that it falls within paragraph 3 of Schedule 5 to the Order.

Other animal productsE+W

17.—(1) This paragraph applies to any animal products to which the other paragraphs in this Schedule do not apply where they are produced from susceptible animals originating in a vaccination zone.

(2) No person is permitted to sell or consign for sale an animal product to which this paragraph applies unless it satisfies one of the following requirements—

(a)it was—

(i)produced before the date 21 days before the vaccination zone was declared, and

(ii)at all times stored and transported separately from animal products which were not so produced;

(b)it has been treated so that it falls within paragraph 4 of Schedule 5 to the Order;

(c)where it is referred to in one of paragraphs 5 to 9 of Schedule 5 to the Order, it has been treated so that it falls within that paragraph;

(d)it is a composite product (that is, a manufactured or processed product containing more than one ingredient at least one of which is an animal product) and each ingredient which is an animal product—

(i)is referred to in a paragraph of Schedule 5 to the Order and has been treated so that it falls within that paragraph (either before manufacturing or processing, or as part of the composite product), or

(ii)was produced from susceptible animals not originating on infected, suspect or contact premises or in a temporary control zone, protection zone, surveillance zone or vaccination zone;

(e)it is a packaged product ready for use—

(i)as a reagent, reagent product, calibrator, kit or any other system (whether used alone or in combination),

(ii)in vitro for the examination of samples of human or animal origin (with the exception of donated organs or blood), and

(iii)solely or principally with a view to the diagnosis of a physiological state, state of health, disease or genetic abnormality or to determine safety and compatibility with reagents.

(3) In this paragraph, the terms “susceptible animals originating on” (in respect of infected, suspect or contact premises) and “susceptible animals originating in” (in respect of a temporary control zone, protection zone or surveillance zone) have the meanings given to them in article 3 of the Order.

Transport, treatment and distribution of dung and manureE+W

18.—(1) This paragraph applies to dung or manure from premises in a vaccination zone where susceptible animals are kept.

(2) No person is permitted to transport dung or manure to which this paragraph applies unless such transport complies with sub-paragraph (3), (5) or (7), and with sub-paragraph (10).

(3) Transport of dung or manure complies with this sub-paragraph where it is to an establishment for treatment to destroy the disease virus under the authority of a licence granted by the National Assembly.

[F1(4) The occupier of any premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) must ensure that it is treated in accordance with—

(a)Articles 15 and 32 of Regulation (EC) No. 1069/2009 of the European Parliament and of the Council; and

(b)Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Commission Regulation (EU) No. 142/2011 implementing Regulation (EC) No. 1069/2009 of the European Parliament and of the Council.]

(5) Transport of dung or manure complies with this sub-paragraph if—

(a)the dung or manure is for spreading,

(b)the transport is under the authority of a licence granted by an inspector, and

(c)before grant of the licence a veterinary inspector has examined all susceptible animals on the premises where it was produced and is satisfied that they are not suspected of infection.

(6) No person is permitted to spread dung or manure transported by authority of a licence granted under sub-paragraph (5) unless such spreading is authorised by an inspector and the dung or manure—

(a)is spread from not more than 1 metre above the ground,

(b)if liquid, is not discharged by equipment producing a jet or spray unless the discharge point is directed downwards at an angle of not less than 45°from horizontal, and

(c)is immediately incorporated into the ground.

(7) Transport of dung or manure complies with this sub-paragraph if—

(a)the dung or manure is for spreading,

(b)the transport is under the authority of a licence granted by an inspector, and

(c)before grant of the licence a veterinary inspector clinically examined all susceptible animals on the premises where it was produced and was satisfied that they are not suspected of infection.

(8) No person is permitted to spread dung or manure transported by authority of a licence granted under sub-paragraph (7) unless such spreading is authorised by a licence granted by an inspector and the dung or manure is injected into the ground.

(9) Any licence granted under sub-paragraph (5), (6) or (8) must contain at least the following terms—

(a)designation of the areas within which the dung or manure must be spread;

(b)designation of a distance from other premises where susceptible animals are kept within which dung or manure must not be spread.

(10) Transport of dung or manure complies with this sub-paragraph if it is carried out in a vehicle which is—

(a)constructed and maintained so that there is no leakage of the load during transport, and

(b)cleansed and disinfected after loading and before leaving the premises of origin.

(11) After transporting dung or manure under this paragraph, the person in charge of the vehicle must ensure it is cleansed and disinfected after unloading or spreading and before leaving the premises of destination.

(12) The person in charge of a vehicle to be cleansed and disinfected under sub-paragraph (10) or (11) must ensure that such cleansing and disinfection is carried out so that—

(a)the exterior (including the wheels and wheel arches) is not marked with mud, dung, manure or similar matter on leaving either premises,

(b)the interior (excluding any driver or passenger compartment) is not so marked on leaving the premises of destination, and

(c)any additional requirements as an inspector directs are complied with.