Import and Export Restrictions (Foot-And-Mouth Disease) (Wales) (No. 11) Regulations 2001

JurisdictionUK Non-devolved
CitationSI 2001/3589

2001 No. 3589 (W.293)

ANIMALS, WALESANIMAL HEALTH

The Import and Export Restrictions (Foot-And-Mouth Disease) (Wales) (No. 11) Regulations 2001

Made 5th November 2001

Coming into force 6th November 2001

The National Assembly for Wales, being designated1for the purposes of section 2(2) of the European Communities Act 19722in 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:

S-1 Title, applicataion, commencement, and cessation

Title, applicataion, commencement, and cessation

1.—(1) These Regulations are called the Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No. 11) Regulations 2001; they apply to Wales and come into force on 6th November 2001.

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

S-2 Interpretation

Interpretation

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

“administrative unit” means the group of local authorities shown in the Schedule to these Regulations, and may, if the context so permits, include such groups in England and Scotland;

“approved” means approved in accordance with regulation 3;

“county” means the area of a local authority, and may, if the context so permits, include such areas in England and Scotland;

“the Decision” means Commission Decision 2001/740/ECconcerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/356/EC3;

“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 20004or the Products of Animal Origin (Import and Export) Regulations 19965and 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 roads” have the same meaning as in section 329(1) of the Highways Act 19806

“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 origin7);

“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 products8);

“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 19959;

“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.

S-3 Approvals

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 conditions 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 the 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.

S-4 Dispatch and Import of live animals

Dispatch and Import 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.

S-5 Dispatch of fresh meat, minced meat and meat preparations

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 preparations10) applies.

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

(a)

(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)

(b) fresh meat obtained from approved cutting plants under the following conditions—

(i) the only meat processed in the establishment at the time of processing meat eligible for dispatch under these Regulations 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 counties 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 origin11) or, in the case of meat from farmed game of species susceptible to foot-and-mouth disease, 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 meat12)) or in the case of wild game of species susceptible to foot-and-mouth disease, in accordance with the provisions of Annex I of Chapter VII of Council Directive 92/45/EC13;

(iv) the cutting plant must be operated under strict veterinary control; and

(v) the meat must be clearly identified, transported and stored separately from meat, minced meat and meat preparations which is not destined for dispatch;

(c)

(c) minced meat and meat preparations obtained from establishments approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 and also approved under these Regulations under the following conditions—

(i) the only meat processed in the establishment at the time of processing meat eligible for dispatch under these Regulations 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 counties 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)

(d) fresh meat, minced meat or meat preparations obtained from bovine, ovine, caprine or porcine animals or farmed game of species susceptible to foot-and-mouth disease and conforming to the following conditions—

(i) the meat must be obtained from animals reared within the counties specified for the respective category of meat in the appropriate column in the Schedule;

(ii) there has been no outbreak of foot-and-mouth disease in the administrative unit listed in the Schedule during the 90 days prior to dispatch;

(iii) during the 30 days prior to transport to the slaughterhouse the animals have remained subject to the supervision of the relevant competent authority on a single holding situated within the administrative units 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 past 30 days;

(iv) no animal of species susceptible to foot-and-mouth disease has been introduced into the holding referred to in sub-paragraph (d)(iii) above...

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