Import and Export Restrictions (Foot-And-Mouth Disease) (Wales) (No. 10) Regulations 2001

Publication Date:January 01, 2001
 
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2001No. 3459 (W.279)

ANIMALS, WALES

ANIMAL HEALTH

The Import and Export Restrictions (Foot-And-Mouth Disease) (Wales) (No. 10) Regulations 2001

22ndOctober2001

23rdOctober2001

The National Assembly for Wales, being designated ( 1) for the purposes of section 2(2) of the European Communities Act 1972 ( 2) in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on it by that section, and of all other powers enabling it in that behalf, makes the following Regulations:

Title, commencement, application and cessation

1. - (1) These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No. 10) Regulations 2001; they apply to Wales and come into force on 23rd October 2001.

(2) These Regulations apply until midnight on 31st December 2001.

Interpretation

2. - (1) In these Regulations, unless the context otherwise requires -

"approved" means approved in accordance with regulation 3;

"the Decision" means Commission Decision 2001/740/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/356/EC( 3);

"dispatch" means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;

"export" means export outside the British Islands and includes consigning for export;

"inspector" means a person appointed by the National Assembly, the Secretary of State or a local authority to be an inspector for the purposes of these Regulations or by the National Assembly, the Minister of Agriculture, Fisheries and Food or a local authority for the purposes of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 ( 4) or the Products of Animal Origin (Import and Export) Regulations 1996( 5) and includes a veterinary inspector;

"HACCP" means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;

"local authority" means a county council or a county borough council in Wales;

"main roads" means motorways or trunk roads and in this context "trunk road" shall have the same meaning as in section 329(1) of the Highways Act 1980( 6);

"meat products" means meat products as defined in Article 2 of Council Directive 77/99/EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin ( 7) );

"Minister" means the Minister of Agriculture, Fisheries and Food;

"milk" and "milk products" have the meaning given in Article 2 of Council Directive 92/46/EC (laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products ( 8) );

"National Assembly" means the National Assembly for Wales;

"official veterinary surgeon" means a person appointed as such under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995( 9);

"restricted area" means the British Islands other than Northern Ireland and the Isle of Man; and

"veterinary inspector" means a veterinary surgeon appointed for export certification by the Secretary of State or the Minister.

(2) Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.

Approvals

3. - (1) The National Assembly or the Secretary of State shall approve premises for the purposes of these Regulations if satisfied that the occupier of the premises will comply with the provisions of these Regulations.

(2) Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the National Assembly or Secretary of State is reasonably of the opinion that the provisions of these Regulations are not being complied with.

(3) Any requirement for approved premises shall be fulfilled if the premises are in a part of the British Islands outside Wales and are approved by the relevant authority for the purposes of the Decision.

Import and dispatch of live animals

4. - (1) No person shall dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.

(2) By way of derogation from the preceding paragraph, the National Assembly or the Secretary of State may by licence in writing authorise the dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area in direct and uninterrupted transit on main roads or by rail or sea.

(3) No person shall import any live animal of species susceptible to foot-and-mouth disease into Wales from another member State.

Dispatch of fresh meat, minced meat and meat preparations

5. - (1) No person shall dispatch any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.

(2) In paragraph (1), the reference to "fresh meat" includes minced meat and meat preparations to which Council Directive 94/65/EC (laying down the requirements for the production and placing on the market of minced meat and meat preparations ( 10)) applies.

(3) The prohibition in paragraph (1) shall not apply in relation to -

(a) fresh meat, minced meat or meat preparations obtained before 1st February 2001, provided that the meat, minced meat or meat preparation is clearly identified and since that date has been transported and stored separately from meat, minced meat or meat preparations which is not destined for dispatch; or(b) fresh meat obtained from approved cutting plants under the following conditions - (i) the only meat processed in the establishment on the day of processing of meat destined for dispatch is fresh meat described in sub-paragraph (a), fresh meat from animals reared and slaughtered outside the restricted area, or fresh meat obtained from animals reared and slaughtered within the areas listed in the Schedule;(ii) cleansing and disinfection must be carried out after processing any meat not meeting this requirement;(iii) all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin ( 11) ) or, in the case of meat from biungulates to which that Directive does not apply, the health mark provided for in Chapter III of Annex I to Council Directive 91/495/EEC (concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat ( 12) );(iv) the plant must be operated under strict veterinary control; and(v) the meat must be clearly identified and transported and stored separately from meat, minced meat and meat preparations which is not destined for dispatch;(c) minced meat and meat preparations obtained from establishments approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995( 13) and also approved under these Regulations under the following conditions - (i) the only meat processed in the establishment on the day of processing of meat destined for dispatch is fresh meat described in sub-paragraph (a), fresh meat from animals reared and slaughtered outside the restricted area or fresh meat obtained from animals reared and slaughtered within the areas listed in the Schedule;(ii) cleansing and disinfection must be carried out after processing any meat not meeting this requirement;(iii) all the minced meat and meat preparations must bear the health mark in accordance with Chapter VI of Annex I to Council Directive 94/65/EC;(iv) the plant must be operated under strict veterinary control; and(v) the minced meat and meat preparations must be clearly identified and transported and stored separately from meat, minced meat and meat preparations which are not destined for dispatch;(d) fresh meat, minced meat or meat preparations obtained from porcine animals reared within the areas listed in the Schedule and conforming to the following conditions - (i) there has been no outbreak of foot-and-mouth disease in the group of counties listed in the Schedule during the 90 days prior to dispatch;(ii) during the 30 days prior to transport to the slaughterhouse the animals have remained subject to the supervision of the National Assembly or the Department for Environment, Food and Rural Affairs on a single holding situated within the areas listed in Schedule in the centre of a circle around the holding of at least 10 km radius where there has been no outbreak of foot-and-mouth disease during at least the previous 30 days;(iii) no animal of species susceptible to foot-and-mouth disease has been introduced into the holding referred to in sub-paragraph (d)(ii) during the past 30 days prior to loading, except in the case of pigs coming from a supplying holding which meets the requirements laid down in that sub-paragraph, in which case this period shall be 7 days;(iv) the animals have been transported under licence in writing granted by an officer of the local authority where the holding is situated directly from the holding to an approved slaughterhouse situated in a county in Wales listed in the Schedule;(v) the means of transport must be cleansed and disinfected before the animals are loaded;(vi) before it leaves the holding, the means of transport must be sealed by a person authorized in writing by the National Assembly or the Secretary of State, and the number of the seal recorded on the movement licence;(vii) the person consigning the animals to the slaughterhouse must give at least 72 hours written notice to the official veterinary...

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