Zoonoses Order 1989

JurisdictionUK Non-devolved
CitationSI 1989/285

1989 No. 285

ANIMALS

ANIMAL HEALTH

The Zoonoses Order 1989

28thFebruary 1989

1stMarch 1989

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) and (2), 8(1), 17(1), 23, 29, 72, 86(1), 87(2) and (5)(a) of the Animal Health Act 1981 (a) 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 Zoonoses Order 1989 and shall come into force on 1st March 1989.

Extension of definitions of "animals" and "poultry"

2. For the purposes of the Act in its application to the presence in animals or poultry of designated organisms-

(a) the definition of "animals" in section 87(1) of the Act is hereby extended so as to comprise-(i) any kind of mammal except man, and(ii) any kind of four-footed beast which is not a mammal; and(b) the definition of "poultry" in section 87(4) of the Act is hereby extended so as to comprise birds of every species.

Interpretation

3. In this Order, unless the context otherwise requires-

"the Act" means the Animal Health Act 1981;

"the appropriate Minister" means, in relation to England, the Minister and in relation to Scotland or to Wales, the Secretary of State;

"approved disinfectant" means a disinfectant for the time being listed in the Diseases of Animals (Approved Disinfectants) Order 1978 (b) as approved for use under a general order;

"animal" means any kind of mammal, except man, and any kind of four-footed beast which is not a mammal;

"carcase" means the carcase of an animal or of any poultry and includes part of a carcase or any portion thereof;

"designated organism" means an organism designated by article 4 of this Order for the purposes of section 29 of the Act;


(a) 1981 c.22; as applied by S.I. 1975/1030; section 86(1) contains a definition of the "Ministers" relevant to the exercise of the statutory powers under which this Order is made
(b) S.I. 1978/32; relevant amending instrument is S.I. 1989/144.

"feedingstuff" means feedingstuff whatever its derivation and includes any ingredient used in the preparation of a feedingstuff;

"infected place" means premises declared to be an infected place by a notice served under article 6 of this Order;

"inspector of the Minister" means a person appointed by the Minister to be an inspector for the purposes of the Act and includes a veterinary inspector;

"the Minister" means the Minister of Agriculture, Fisheries and Food and "the Ministers" means the Minister, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly;

"premises" includes land;

"product" means milk, eggs, wool, meat, offal, dung or other substance directly derived from an animal or from any poultry, whether mixed with any other substance or not, and includes used bedding litter;

"poultry" means birds of any species;

"veterinary inspector" means a veterinary inspector appointed by the Minister.

Designation of organisms for the purposes of section 29

4.-(1) The following organisms, being organisms which, when carried in animals or poultry, constitute in the opinion of the Ministers a risk to human health, are hereby designated for the purposes of section 29 of the Act, that is to say-

(a) organisms of the genus salmonella; and(b) organisms of the genus brucella.

(2) The provisions of the Act listed in Schedule 1 to this Order shall apply in relation to the presence of a designated organism in an animal or in any poultry as if the presence of the organism were a disease to which the Act applies.

Inspections, taking samples etc.

5.-(1) An inspector of the Minister who enters any land, building or other place in exercise of his powers under section 63(9) of the Act or who enters any pen, shed, land or other place in exercise of his powers under section 64(1) of the Act may-

(a) carry out such inquiries, examinations and tests; and(b) take such number of birds and such other samples,

as are necessary to ascertain whether any designated organism exists or has existed there.

(2) An inspector of the Minister may, for the purposes of identification, mark any animal, poultry, carcase, product or feedingstuff or other thing in relation to which any of the powers under paragraph (1) above has been exercised.

Infected places

6.-(1) Where a veterinary inspector has reasonable grounds for supposing that there is or has been on any premises an animal or any poultry or feedingstuff in which a designated organism is or was present, or the carcase of such an animal or poultry or a product derived from such an animal or poultry, he may serve a notice on the occupier of the premises declaring them to be an infected place.

(2) A veterinary inspector may, by the same notice as is referred to in paragraph (1) above or by a further notice served in the like manner,-

(a) prohibit the movement of any animal, poultry, carcase, product or feedingstuff into or out of the infected place except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued;(b) prohibit the movement out of the infected place of any dung, droppings, equipment, utensil, appliance, vehicle or other thing except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued;(c) require any animal, poultry, carcase, product or feedingstuff specified in the notice to be detained in such part of the infected place as may be so specified, except that any such animal, poultry, carcase or product or feedingstuff may be moved out of the infected place under the authority of a licence issued by a veterinary inspector and in accordance with any conditions...

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