PART 1 Introduction

Citation, extent and commencement_I1

1.—(1) These Regulations—

(a)may be cited as the Diseases of Swine Regulations 2014;

(b)extend to Great Britain; and

(c)come into force on 14th August 2014.

Interpretation_I2

2.—(1) In these Regulations—

“carcase” [^F1 , other than in England, ^F1] means a carcase or part of a carcase of a pig, but does not include a sample taken from a carcase;

“Chief Veterinary Officer” means the Chief Veterinary Officer for England, Scotland or Wales dependent upon where disease is present;

“contact premises” means premises that are designated as contact premises under regulation 8(1);

“Council ” means Council Directive 92/119/EEC introducing general Community measures for the control of certain Directive 92/119/EEC animal diseases and specific measures relating to swine vesicular disease as amended from time to time;

“Council ” means Council Directive 2001/89/EC on Community measures for the control of classical swine fever as amended from time to time; Directive 2001/89/EC

“Council ” means Council Directive 2002/60/EC laying down specific provisions for the control of African swine fever as amended from time to time; Directive 2002/60/EC

“designated slaughterhouse” means a slaughterhouse designated by the appropriate authority under the Products of Animal Origin (Disease Control) (England) Regulations 2008 ( 7 ), the Products of Animal Origin (Disease Control) (Scotland) Order 2008 ( 8 ) or the Products of Animal Origin (Disease Control) (Wales) Regulations 2008 ( 9 );

“Diagnostic Manual” refers to the Diagnostic Manual contained in—

“disease” in these Regulations, unless the context refers to only one or more of these diseases, means any of the following diseases of pig (and includes the virus of any such disease)—

“equipment”, except in regulation 34(9)(a), means any equipment that has been in contact with pigs or faeces, blood or other bodily fluids from a pig;

“feral pig” means any non-captive pig which is living in the wild;

“infected premises” means premises that have been designated as infected premises under regulation 10 [^F2 or regulation 10A ^F2] ;

“inspector” means a person appointed to be an inspector for the purposes of the Animal Health Act 1981 ( 13 ) by an appropriate authority or by a local authority, and, when used in relation to an officer of the appropriate authority, includes a veterinary inspector;

“keeper” means any person who owns or is responsible for a pig, whether on a permanent or temporary basis;

[^F3 “ licensing officer ” means—

“livestock” means any hoofed animals other than equidae;

“local authority” means—

“marker vaccine” means a vaccine which results in a clear differentiation between a vaccinated pig and a diseased pig;

“occupier” means any person having day-to-day responsibility for the premises or for any pigs on the premises;

“pig” means any animal of the Suidae family;

“premises” includes any land, building or other place;

[^F5 “ Restricted Zone ” means a restricted zone 1, a restricted zone 2 or a restricted zone 3; ^F5]

[^F5 “ restricted zone 1 ” means a restricted zone 1 declared under regulation 27A; ^F5]

[^F5 “ restricted zone 2 ” means a restricted zone 2 declared under regulation 27A; ^F5]

[^F5 “ restricted zone 3 ” means a restricted zone 3 declared under regulation 27A; ^F5]

“sentinel pig” means a pig introduced to infected premises after cleansing and disinfection in accordance with regulation 18 for surveillance purposes;

“seropositive pig” means a pig identified as having antibodies against swine vesicular disease, African swine fever or classical swine fever;

“suspect premises” means premises that are designated as suspect premises under regulation 7(2);

“vectors” means ticks of the species Ornithodorus erraticus or any other tick or insect species specified by the appropriate authority;

“veterinary inspector” means a veterinary inspector appointed by an appropriate authority for the purposes of the Animal Health Act 1981 .

(2) In these Regulations—

(a) “appropriate authority” means—

(i)the Secretary of State where the functions are exercised in England;

(ii)the Scottish Ministers where the functions are exercised in Scotland; and

(iii)the Welsh Ministers where the functions are exercised in Wales;

(b)terms used in the European Union instruments have the same meaning as in those instruments.

(3) In paragraph (2)(b) “the European Union instruments” means—

(a)Council ;Directive 92/119/EEC

(b)Council ;Directive 2001/89/EC

(c)Council ;Directive 2002/60/EC

(d)Commission establishing diagnostic procedures, sampling methods and criteria for the evaluation of the results of laboratory tests for the confirmation and differential diagnosis of swine vesicular Decision 2000/428/ECdisease;

(e)Commission approving a Decision 2002/106/ECDiagnostic Manual establishing diagnostic procedures, sampling methods and criteria for evaluation of the laboratory tests for the confirmation of classical swine fever; and

(f)Commission approving an African swine fever Decision 2003/422/ECDiagnostic Manual.

[^F6 (4) Paragraphs (2)(b) and (3) do not apply in relation to England.^F6]

[^F7Further interpretation provision: England

2A.—(1) In these Regulations, as they apply in relation to England—

“ animal ” means any invertebrate or vertebrate animal except man;

“ animal by-products ” means—

which are not intended for human consumption, but excluding semen, oocytes and embryos intended for artificial reproduction;

“ approved animal by-products plant ” means a plant for the processing or disposal of animal by-products approved in accordance with Article 24 of Regulation (EC) 1069/2009 ;

“ carcase ” means the body of a dead animal or any part of a body of a dead animal other than a sample taken from such a body;

“ controlled zone ” means—

“ emergency vaccination zone ” means an emergency vaccination zone declared under regulation 29;

“ estimated earliest date of infection ”, in relation to infected premises, means the date a veterinary inspector estimates as the date of earliest infection at the premises;

“ feral pig control zone ” means a feral pig control zone declared under regulation 21;

“ feral pig investigation zone ” means a feral pig investigation zone declared under regulation 20;

“ fresh meat ” means meat that has not undergone any preserving process other than chilling, freezing or quick-freezing and includes meat that is vacuum wrapped or wrapped in a controlled atmosphere;

“ germinal products ” means semen, oocytes and embryos obtained from pigs intended for artificial reproduction;

“ meat ” means any part of a carcase intended for human consumption, and includes products resulting from—

“ meat products ” means—

“ pig products ” means—

“ products of animal origin ” means products obtained from animals for human consumption;

“ Products of Animal Origin Regulations ” means the Products of Animal Origin (Disease Control) (England) Regulations 2008 ;

“ protection zone ” means a protection zone declared under regulation 23;

“ Regulation (EC) 1069/2009 ” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation);

“ relevant controlled zone ” means—

“ surveillance zone ” means a surveillance zone declared under regulation 23;

“ temporary control zone ” means a temporary control zone declared under regulation 9;

“ unregulated period of infection ”, in relation to infected premises, means the period—

(2) A controlled zone is an infected area for the purposes of the Animal Health Act 1981 (see section 17 of that Act).^F7]

Occupier and changes of occupier_I3

3.—(1) Any notice that is required or authorised under these Regulations to be served on the occupier may be served on a person appearing to the person serving the notice to be the occupier.

(2) Where a notice has been served on a person referred to in paragraph (1), and it later becomes clear to the person who served the notice that another person is the keeper of the pigs then a replacement notice must be served on the other person.

(3) Where there is a change in occupation of premises subject to any controls or restrictions under these Regulations—

(a)the existing occupier must immediately notify the appropriate authority of the details of the new occupier before the change in occupation takes place; and

(b)if the new occupier does not have day-to-day responsibility for restricted pigs under these Regulations the new occupier must allow the keeper of the restricted pigs, or any person acting on behalf of the keeper, to enter the premises to feed or otherwise attend to the welfare of the pigs during the period of control or restriction and for seven days following the ending of such restrictions.

Exemptions_I4

4.—(1) These Regulations do not apply—

(a)to anything done under the terms of a licence granted under the Specified Animal Pathogens Order 2008(15), the Specified Animal Pathogens (Scotland) Order 2009(16) or the Specified Animal Pathogens (Wales) Order 2008(17); or

(b)at any border inspection post within the meaning of, and for so long as it remains approved for the purposes of, regulation 11 of the Trade in Animals and Related Products Regulations 2011(18), regulation 9 of the Trade in Animals and Related Products (Scotland) Regulations 2012(19) or regulation 11 of the Trade in Animals and Related Products (Wales) Regulations 2011(20).

(2) Parts 2 and 3 do not apply in relation to swine vesicular disease in any period during which action is being taken by the appropriate authority under the Foot-and-Mouth Disease (England) Order 2006(21), the Foot-and-Mouth Disease (Scotland) Order 2006(22) or the Foot-and-Mouth Disease (Wales) Order 2006(23).

PART 2 Notification and investigation of suspicion of disease

Notification requirements_I5

5.—(1) Any person who suspects that a domestic or feral pig or carcase is infected with disease must immediately notify the appropriate authority.

(2) Any person who examines a sample taken from a pig or a carcase and who—

(a)suspects that the pig or carcase is infected with disease, or

(b)detects evidence of antibodies to, or antigens of, disease,

must immediately notify the appropriate authority.

Initial measures following notification_I6

6.—(1) This regulation applies where the appropriate authority receives a notification under regulation 5, and a veterinary inspector considers that further investigation relating to the possible presence of disease is necessary.

(2) A veterinary inspector must examine the pig or carcase, and may examine any other pig or carcase on the same premises.

(3) A veterinary inspector must as soon as reasonably practicable orally inform (followed up by service of a notice by a veterinary inspector or by an inspector under the direction of a veterinary inspector) the occupier that the further investigation will be undertaken, and except in the case of a notification involving a feral pig or feral pig carcase, the occupier so informed must comply with the initial measures set down in paragraph (4).

(4) For the purposes of paragraph (3), the initial measures are—

(a)not to move, or permit to be moved—

(i)the pig or carcase which is the subject of the notification from the premises where it is located;

(ii)any other pig or carcase to or from those premises;

(iii)any other animal from those premises if the veterinary inspector is of the opinion that it is likely to spread disease;

(iv)any thing off those premises unless the veterinary inspector is of the opinion that it is not likely to spread disease;

(b)to ensure that any person who has been in contact with any pig or carcase, or who has been on any part of the premises that may be contaminated with disease, takes all necessary biosecurity precautions to reduce the risk of spreading disease before leaving the premises; and

(c)where the occupier is an operator of a slaughterhouse—

(i)not to permit any pig to be slaughtered unless authorised by a veterinary inspector; and

(ii)to identify and isolate any carcase in respect of which the notification requirements in regulation 5 apply, any carcase originating from the same premises (and any carcase that has been in contact with any such carcase) so that such carcases do not come into contact with any other pig or carcase at the slaughterhouse.

(5) In the case of a notification involving a feral pig or feral pig carcase the occupier must comply with any initial measures that are required by the veterinary inspector.

(6) The initial measures required under this regulation continue to apply until—

(a)a veterinary inspector informs the occupier that the presence of disease on the premises is not suspected;

(b)the premises are designated by notice as suspect premises by an inspector in accordance with regulation 7(2); or

(c)the occupier is notified that the measures no longer apply.

Measures on suspicion of disease_I7

7.—(1) This regulation applies where a veterinary inspector suspects—

(a)that a pig or carcase is or has been infected with disease; and

(b)that pig or carcase is or has been on any premises other than in circumstances where Part 4 (disease at a slaughterhouse) or Part 5 (suspicion and confirmation of disease in feral pigs) applies.

(2) An inspector must serve a notice on the occupier designating premises as suspect premises, and Schedule 1 applies upon service of that notice.

(3) A veterinary inspector must take all reasonable steps to establish whether or not disease is present at the suspect premises.

(4) For the purposes of paragraph (3), a veterinary inspector may, if the Chief Veterinary Officer considers it necessary, take and have tested—

(a)samples from any pig or carcase that is, or has previously been, on the premises;

(b)environmental samples from the premises.

(5) In the case of classical swine fever and African swine fever, where required by the epidemiological situation, the Chief Veterinary Officer may order and arrange for the killing of any pig on the suspect premises and arrange for the taking of a sufficient number of post-mortem samples to confirm or negate the presence of disease.

(6) The notice served under paragraph (2) may only be revoked if a veterinary inspector is satisfied that the suspect premises no longer pose a risk of spread of disease.

(7) Where that notice is revoked, the measures in Schedule 1 cease to apply upon revocation of that notice.

(8) In the case of swine vesicular disease only, where a seropositive pig has been detected on premises designated as suspect premises but none of the pigs on the premises show clinical signs of that disease, a veterinary inspector must take further samples at least 28 days from the date when the disease was first suspected by the veterinary inspector and have those samples tested.

(9) If such tests reveal no evidence of swine vesicular disease on the premises, the seropositive pig must be—

(a)slaughtered at a designated slaughterhouse—

(i)with the pig being kept separate from other pigs in transport and at the slaughterhouse; and

(ii)ensuring that the carcase and any animal by-product coming from the seropositive pig is kept separate and not exported from the United Kingdom; or

(b)killed on the suspect premises and subsequently destroyed under supervision of a veterinary inspector.

Measures at contact premises_I8

8.—(1) Where premises have been shown to have an epidemiological link with—

(a)suspect premises,

(b)infected premises, or

(c)other premises on which disease has been detected, including where a veterinary inspector is of the view that due to its proximity to an infected premises it is likely that disease may have been transmitted there,

an inspector must serve a notice on the occupier designating that premises as contact premises, and Schedule 1 applies upon service of that notice.

(2) Following the designation of premises as contact premises—

(a)where pigs on the contact premises do not show clinical signs of disease, but where the suspicion of disease cannot be ruled out, the Chief Veterinary Officer must assess the epidemiological situation at the premises, and on the basis of that assessment may—

(i)order and arrange for the killing of any pig on the premises if considered necessary to prevent the spread of disease;

(ii)require a person under the direction of a veterinary inspector, to monitor all pigs on the contact premises (which may require the taking and testing of samples) until the veterinary inspector is satisfied that the disease is not present;

(b)where any pig on the contact premises shows clinical signs of disease—

(i)if considered to be necessary to prevent the spread of disease, the Chief Veterinary Officer may order and arrange for the killing of any pig on the contact premises, and arrange for the taking of a sufficient number of post-mortem samples to confirm or negate the presence of disease; and

(ii)a veterinary inspector must take all reasonable steps to establish whether or not disease is present at the contact premises, which may include the taking and testing of samples, until satisfied that the disease is not present on the premises.

(3) Where pigs have been killed and disease cannot be negated, cleansing and disinfection must be carried out in accordance with regulations 13 and 14, followed by restocking with sentinel pigs unless a veterinary inspector specifies otherwise in writing, in accordance with regulation 18.

(4) The notice served under paragraph (1) may not be revoked until the Chief Veterinary Officer is satisfied following any tests or actions of a veterinary inspector, or the satisfactory completion of the steps in paragraph (3), that it is no longer appropriate for the premises to remain designated as contact premises.

(5) Where the notice served under paragraph (1) is revoked, the measures in Schedule 1 cease to apply upon revocation of that notice.

Temporary control zone_I9

9.—(1) The appropriate authority may declare a temporary control zone around suspect premises.

[^F8 (1A) The Secretary of State may also declare a temporary control zone in England if premises in Wales or in Scotland are designated as suspect premises.^F8]

(2) The temporary control zone must be of such extent as the appropriate authority considers necessary to reduce the risk of the spread of disease as far as practicable.

(3) A person must not move a pig from premises in the temporary control zone, except in accordance with a licence granted by a veterinary inspector.

(4) The declaration may apply any measure of a type listed in Schedule 1 as the appropriate authority considers necessary in all or part of the temporary control zone in order to prevent or reduce the risk of the spread of disease.

(5) Any part of a temporary control zone[^F9 (other than a zone declared by the Secretary of State)^F9] that is subsequently incorporated into a protection or surveillance zone will cease to exist as a temporary control zone.

[^F10 (5A) A temporary control zone declared by the Secretary of State that is subsequently incorporated into any of the following zones ceases to exist as a temporary control zone—

(a)a protection zone declared by the Secretary of State;

(b)a surveillance zone declared by the Secretary of State;

(c)a restricted zone 3.^F10]

(6) Where disease has been negated at suspect premises, the appropriate authority must revoke the temporary control zone declaration.

PART 3 Infected premises

Designating premises [^F11(other than premises in England)^F11] as infected premises when the presence of disease is confirmed_I10

10.—(1) Where the Chief Veterinary Officer is satisfied as a result of any—

(a)tests carried out under these Regulations,

(b)clinical signs in any pig or carcase, or

(c)epidemiological connections,

that disease is or has been present on premises[^F12 (other than premises in England)^F12] , an inspector must serve a notice on the occupier designating them to be infected premises.

(2) Where such a notice is served on the occupier Schedule 1 applies, together with any additional measures that a veterinary inspector considers necessary in order to reduce the risk of the spread of disease.

(3) This regulation does not apply where disease is confirmed in a slaughterhouse or in feral pigs.

[^F13Designating premises in England as infected premises where the presence of disease is confirmed

10A.—(1) Where the Chief Veterinary Officer confirms, as a result of—

(a)any tests carried out under these Regulations;

(b)clinical signs in any pig or carcase; or

(c)epidemiological connections,

that disease has been present on premises in England at any time during the 56 days preceding that confirmation, an inspector may serve a notice on the occupier designating those premises as infected premises.

(2) Where the Chief Veterinary Officer confirms, as a result of—

(a)any tests carried out under these Regulations;

(b)clinical signs in any pig or carcase; or

(c)epidemiological connections,

that disease is present on premises in England, an inspector must serve a notice on the occupier designating those premises as infected premises.

(3) Where a notice is served on the occupier under paragraph (1) or (2), Schedules 1 and 1A apply together with any additional measures that a veterinary inspector considers necessary in order to reduce the risk of the spread of disease.

(4) This regulation does not apply where disease is confirmed in a slaughterhouse or feral pigs.^F13]

Killing pigs on infected premises_I11

11. When premises are designated as infected premises the appropriate authority must arrange for the killing of all pigs on the premises unless regulation 12 applies.

Conservation and related measures_I12

12.—(1)[^F14 The^F14] appropriate authority may decide not to kill a pig—

(a)kept in a zoo or wildlife park; or

(b)kept for—

(i)educational purposes;

(ii)scientific research or breeding for such research; or

(iii)purposes related to conservation of species or genetic resource.

(2) Where the appropriate authority decides under paragraph (1) not to kill a pig, a veterinary inspector must serve a notice on the occupier of the premises on which it is kept detailing the biosecurity arrangements that the occupier must follow to reduce the risk of the spread of disease.

[^F15 (2A) Where the Secretary of State decides under paragraph (1) not to kill a pig, the Secretary of State—

(a)must, without delay, carry out preliminary cleansing and disinfection in accordance with Schedule 4A; and

(b)may impose any additional measures the Secretary of State considers necessary to prevent the spread of disease.^F15]

(3) The appropriate authority may for disease control reasons at any time decide to order the killing of a pig that has previously been spared under paragraph (1).

Disposal of carcases and preliminary cleansing and disinfection_I13

13.—(1) Where a pig is killed under these Regulations other than in accordance with regulation 19(4), the appropriate authority must arrange for the disposal of the carcase.

(2) The appropriate authority may arrange for the disposal of the carcase of any pig that has died, or is suspected to have died, from disease.

(3) The appropriate authority must ensure that any such disposal is carried out in such a way as to avoid the risk of the spread of disease.

(4) Following such disposal the appropriate authority[^F16 , other than the Secretary of State,^F16] must without delay carry out preliminary cleansing and disinfection of—

(a)all parts of the premises (other than fields, slurry lagoons and other parts of the premises where the disinfectant would have no effect) and all equipment or other things to which the pig has had access; and

(b)anything contaminated during the killing of the pig.

[^F17 (5) Following such a disposal, the Secretary of State must, without delay, carry out preliminary cleansing and disinfection in accordance with Schedule 4A.^F17]

Notice requiring secondary cleansing and disinfection_I14

14.—(1) Irrespective of whether or not pigs are to be reintroduced on infected or contact premises, an inspector may serve a notice on the occupier requiring secondary cleansing and disinfection as specified in the notice.

(2) Secondary cleansing and disinfection must be carried out in such a way as to minimise the risk of the spread of disease or survival of any virus [^F18and, in England, in accordance with Schedule 4A.^F18]

(3) If the occupier does not comply with the notice, an inspector may arrange for secondary cleansing and disinfection to be carried out by another person at the expense of the occupier.

(4) Following completion of the secondary cleansing and disinfection, a veterinary inspector must certify in writing when satisfied that the requirements of the notice have been completed.

Use of approved disinfectants_I15

15.[^F19—(1)^F19] Where disinfection is carried out under these Regulations the disinfectants must be—

(a)approved by the appropriate authority under the Diseases of Animals (Approved Disinfectants) (England) Order 2007(24), the Diseases of Animals (Approved Disinfectants) (Scotland) Order 2008(25)or the Diseases of Animals (Approved Disinfectants) (Wales) Order 2007(26), and shown on the list of approved disinfectants published under the appropriate Order as being approved—

(i)specifically as being effective against the spread of swine vesicular disease where that disease has been identified; or

(ii)for effectiveness against the spread of disease other than swine vesicular disease; and

(b)used at the authorised dilution rate and in accordance with the manufacturer’s instructions.

[^F20 (2) This regulation is subject to regulation 15A.^F20]

[^F21Use of approved disinfectants: alternative arrangements in England

15A.—(1) This regulation applies where disinfection is carried out under these Regulations in England.

(2) Where the manufacturer’s instructions for a disinfectant falling within regulation 15(a) are not available, the disinfectant must instead be used in accordance with a veterinary inspector’s instructions.

(3) Where no disinfectant falling within regulation 15(1)(a) is available, a veterinary inspector may, if the veterinary inspector considers it necessary, license the use of another disinfectant.

(4) Where a veterinary inspector licenses the use of disinfectant under paragraph (3), the disinfectant must be used in accordance with—

(a)the manufacturer’s instructions (including as to the dilution rate); or

(b)if different, the instructions given by a veterinary inspector.^F21]

Special measures to prevent the spread of African swine fever virus by vectors_I16

16.—(1) Where the presence of vectors is suspected on premises where African swine fever has been confirmed, any building that has housed pigs (and the surrounding environment) must be checked by an inspector for the presence of vectors and, if deemed necessary, a veterinary inspector (or any person acting under the direction of a veterinary inspector) may—

(a)arrange for the obtaining of specimens of the vectors and proportionate further monitoring; and

(b)require the occupier to implement practical vector control measures.

(2) Where such specimens are obtained the appropriate authority must arrange for appropriate laboratory tests to be carried out on them to confirm or negate the presence of the African swine fever virus in the vectors.

Revocation of a regulation 10 notice_I17

17.—(1) Unless otherwise provided for in this regulation, a notice under regulation 10 (designation of an infected premises) must not be revoked until a veterinary inspector is satisfied that sufficient time has elapsed for the virus of disease to have decayed naturally to the extent that the virus will no longer pose a risk of infecting a pig with disease.

(2) A veterinary inspector, or an inspector acting under the direction of a veterinary inspector, may revoke such a notice of designation in relation to the whole or a part of the infected premises if—

(a)any required cleansing and disinfection has been certified as satisfactorily completed in accordance with regulation 14(4); and

(b)the premises have been tested for the existence of disease using sentinel pigs with negative results in accordance with regulation 18.

(3) In the case of African swine fever (where the occurrence of disease has not been linked to vectors) or in the case of classical swine fever, as a derogation from the testing in accordance with paragraph (2)(b), such a notice may be revoked by a veterinary inspector if—

(a)more than six months has elapsed from the completion of the cleansing and disinfection; and

(b)the veterinary inspector is of the opinion that there is no further risk of the spread of disease.

(4) In the case of African swine fever, where occurrence of disease has been linked to vectors, such a notice must not be revoked until—

(a)all sentinel restocking in accordance with regulation 18 has been carried out without evidence of disease; and

(b)a further 60 days has elapsed since full restocking.

(5) Where such a notice is revoked, the measures in Schedule 1 (together with any additional measure imposed) cease to apply upon revocation of that notice.

[^F22Revocation of a regulation 10A notice

17A.—(1) Subject to the following provisions of this regulation, a notice under regulation 10A must not be revoked until a veterinary inspector is satisfied that sufficient time has elapsed for the virus of disease to have decayed naturally to the extent that the virus will no longer pose a risk of infecting a pig with disease.

(2) A veterinary inspector, or an inspector acting under the direction of a veterinary inspector, may revoke such a notice of designation in relation to the whole or part of the premises if—

(a)any required secondary cleansing and disinfection has been certified as satisfactorily completed in accordance with regulation 14(4); and

(b)subject to paragraphs (3) and (4), the premises have been tested for the existence of disease using sentinel pigs with negative results in accordance with regulation 18.

(3) In the case of African swine fever where the occurrence of disease has not been linked to vectors or classical swine fever, a veterinary inspector may, by way of derogation from paragraph (2)(b), revoke the notice if—

(a)more than six months has elapsed from the completion of the cleansing and disinfection; and

(b)the veterinary inspector is of the opinion there is no further risk of the spread of disease.

(4) In the case of African swine fever where the occurrence of disease has been linked to vectors, the notice must not be revoked until—

(a)all sentinel restocking has been carried out in accordance with regulation 18; and

(b)monitoring for the resurgence of disease has taken place for at least 60 days since the day on which the last sentinel pig arrived on the premises.

(5) Where a notice of designation is revoked, the measures in Schedules 1 and 1A, together with any additional measures imposed, cease to apply.^F22]

Restocking and testing with sentinel pigs on infected or contact premises_I18

18.—(1) On infected premises or contact premises once a veterinary inspector has certified in accordance with regulation 14(4) that secondary cleansing and disinfection have been satisfactorily completed, sentinel pigs may be introduced (at the expense of the occupier) for monitoring for the resurgence of disease in accordance with this regulation as a precursor to full restocking of the premises with pigs.

(2) Other than in the situation in paragraph (7), the number of sentinel pigs introduced by the occupier must be such restricted number as is deemed to be sufficient by a veterinary inspector to test for the continuing presence of disease on all parts of the premises where disease was formerly present.

(3) The sentinel pigs may only be introduced [^F23to premises (other than premises in England)^F23] in accordance with a licence granted by a veterinary inspector, and not before the following prescribed number of days, equivalent to the incubation period for the virus, after the secondary cleansing and disinfection has been certified as being satisfactorily completed in accordance with regulation 14(4)—

(a)40 days in the case of African swine fever;

(b)30 days in the case of classical swine fever; and

(c)28 days in the case of swine vesicular disease.

[^F24 (3A) The sentinel pigs may only be introduced to premises in England in accordance with a licence granted by a veterinary inspector and not before—

(a)at least 15 days have elapsed since the day on which the secondary cleansing and disinfection was certified as satisfactorily completed in accordance with regulation 14(4); or

(b)where secondary cleansing and disinfection cannot be carried out—

(i)at least 90 days have elapsed since the day on which preliminary cleansing and disinfection was completed; and

(ii)a risk assessment has been carried out.^F24]

(4) The sentinel pigs must have—

(a)come from premises not subject to any controls or restrictions under these Regulations; or

(b)been tested at the expense of the occupier before being brought on to the premises and found to be negative for the presence of antibodies against disease.

[^F25 (4A) Where the sentinel pigs are to be introduced to premises in England, the testing carried out for the purposes of paragraph (4)(b) must be such testing as a veterinary inspector considers necessary in accordance with the relevant Diagnostic Manual.^F25]

(5) After the time limits set down in the following table a veterinary inspector must clinically examine all sentinel pigs on the premises[^F26 (other than premises in England)^F26] and take a statistically valid number of samples deemed necessary for the serological testing for the presence of antibodies to the disease—

[^F27 (5A) Where the premises are in England, a veterinary inspector must—

(a)at least 15 but no more than 30 days after the last sentinel pig arrived at the premises, visit those premises; and

(b)during that visit, clinically examine the sentinel pigs and take a statistically valid number of samples for such testing for disease as the veterinary inspector considers necessary in accordance with the relevant Diagnostic Manual.^F27]

(6) A person must not allow a sentinel pig to leave premises[^F28 (other than premises in England)^F28] until negative results of the serological tests taken in accordance with paragraph (5) are obtained by the veterinary inspector.

[^F29 (6A) A person must not allow a sentinel pig to leave premises in England unless—

(a)the results of the tests taken in accordance with paragraph (5A)(b) are such that a veterinary inspector is satisfied that disease is not present in the sentinel pigs introduced to the premises and has not been present in the sentinel pigs during the time on which they have been on the premises; and

(b)the movement from the premises is licensed by a licensing officer.^F29]

(7) For premises that only have pigs entirely enclosed in buildings, as an alternative to the veterinary inspector restricting the number of sentinel pigs in accordance with paragraph (2), the veterinary inspector may license the introduction of an unlimited number of sentinel pigs into enclosed buildings on the premises, but in such circumstances—

(a)paragraphs (3), (4), (5) and (6) apply in relation to the introduction of the unlimited number of sentinel pigs[^F30 on premises other than premises in England;^F30]

[^F31 (aa)paragraphs (3A), (4), (4A), (5A) and (6A) apply in relation to the introduction of an unlimited number of sentinel pigs on premises in England;^F31]

(b)the conditions in the following table apply—

; and

(c)in the case of swine vesicular disease, a person must not allow a pig to leave the premises[^F32 , other than premises in England,^F32] until at least 60 days after the arrival of the last sentinel pig.

(8) In the case of African swine fever where the disease has been linked to spread by vectors, restocking with sentinel pigs cannot take place for a period of six years.

(9) The period of six years may be reduced where a veterinary inspector has supervised vector eradication measures on infected premises and is satisfied that—

(a)the vector eradication measures have been successfully carried out under the supervision of a veterinary inspector; or

(b)the persistence of the vector no longer presents a significant risk of transmitting African swine fever.

(10) Where restocking [^F33of premises, other than premises in England,^F33] has taken place in accordance with paragraphs (8) or (9), a person must not allow a pig to leave the premises after full repopulation until serological examinations with negative results for African swine fever have been taken at least 60 days after full repopulation in accordance with the Diagnostic Manual.

[^F34 (10A) Where restocking of premises in England has taken place in accordance with paragraph (8) or (9), a person must not allow a sentinel pig to leave the premises after full repopulation unless—

(a)the sentinel pigs have been monitored for a period of at least 60 days beginning with the day on which the last sentinel pig arrived at the premises;

(b)after the end of that period, a statistically valid number of samples for such testing for disease as a veterinary inspector considers necessary in accordance with the relevant Diagnostic Manual have been taken by the veterinary inspector at the occupier’s expense; and

(c)the results of those tests are such that a veterinary inspector is satisfied that disease is not present in the sentinel pigs and has not been present in the sentinel pigs during the time on which they have been on the premises.

(10B) The restocking of premises in England with sentinel pigs must—

(a)subject to sub-paragraph (c), involve all parts of the premises where pigs are kept;

(b)be carried out at the same time or within a period of 15 days beginning with the day on which the first sentinel pig arrives at the premises, unless otherwise authorised in writing by a veterinary inspector;

(c)where restocking all parts of the premises is impracticable, be in such locations and with such number of sentinel pigs as are authorised in writing by a veterinary inspector.^F34]

PART 4 Suspicion and confirmation of disease at a slaughterhouse

Measures on suspicion and confirmation of disease at a slaughterhouse_I19

19.—(1) Where a veterinary inspector has examined a pig or pig carcase at a slaughterhouse and cannot negate the presence of disease an inspector must serve a notice on the operator of the slaughterhouse imposing the following measures—

(a)no pig or carcase may be moved to or from the slaughterhouse;

(b)no other animal may be moved to or from the slaughterhouse if the veterinary inspector suspects there is a risk that it could spread disease;

(c)all biosecurity measures that the veterinary inspector believes are necessary must be taken by the operator;

(d)no pig can be slaughtered unless authorised by a veterinary inspector; and

(e)the operator must identify and isolate—

(i)any carcase of a suspect pig;

(ii)a pig that has come into contact with a suspect pig;

(iii)any carcase from the same premises as a suspect pig; and

(iv)any carcase that has been in contact with a paragraph (iii) carcase.

(2) A veterinary inspector may take samples from a pig, carcase or any other thing and have those samples tested to ascertain whether or not disease is present at the slaughterhouse.

(3) Following the results of the tests carried out under paragraph (2), where the Chief Veterinary Officer is satisfied that that disease is not present at the slaughterhouse—

(a)a veterinary inspector must as soon as reasonably practicable orally inform the operator that disease has not been found to be present, at which point the paragraph (1) measures no longer apply; and

(b)this must be followed up in writing as soon as reasonably practicable.

(4) Following the results of the tests carried out under paragraph (2), where the Chief Veterinary Officer is satisfied that disease is present at the slaughterhouse, the appropriate authority must ensure that all pigs in the slaughterhouse are slaughtered without delay under the supervision of a veterinary inspector.

(5) Following such slaughter—

(a)the operator must destroy—

(i)the carcases and offal of infected pigs;

(ii)the carcases and offal of other pigs that a veterinary inspector suspects may be infected with disease;

(iii)the carcases and offal of other pigs contaminated through contact with an infected pig or carcase;

(b)cleansing and disinfection of buildings, equipment and vehicles (including control of vectors where African swine fever has been linked to spread by vectors) must be carried out by the operator as instructed by a veterinary inspector;

(c)an epidemiological enquiry by a veterinary inspector must take place;

(d)other than in the situation in sub-paragraph (e), a veterinary inspector must notify the operator of the removal of the paragraph (1) measures at the slaughterhouse on the expiry of 24 hours after cleansing and disinfection operations have been completed at the slaughterhouse to the satisfaction of the veterinary inspector; and

(e)in the case of African swine fever, in addition to the veterinary inspector being satisfied in accordance with sub-paragraph (d), the veterinary inspector must be satisfied that any vector controls (if required) have been effectively applied before notifying the operator of the removal of the paragraph (1) measures.

PART 5 Suspicion and confirmation of disease in feral pigs

Measures on suspicion of disease in feral pigs_I20

20.—(1) Where it is suspected that a feral pig is infected with disease—

(a)a veterinary inspector must take all reasonable steps to establish whether or not that suspicion is correct; and

(b)the appropriate authority must make available information regarding the suspicion to keepers and to hunters believed to be operating in the area exposed to the risk of spread of disease.

(2) Where it is suspected that a feral pig is infected with disease a veterinary inspector must—

(a)carry out investigations of any feral pigs shot or found dead in the area believed to be exposed to the risk of spread of disease; and

(b)produce a report that assesses the disease situation in feral pigs.

(3) Following the suspicion of disease in a feral pig the appropriate authority may declare a feral pig investigation zone and apply some or all of the Schedule 2 measures.

[^F35 (4) The Secretary of State may also, following suspicion of disease in Wales or Scotland, declare a feral pig investigation zone in England and apply some or all of the Schedule 2 measures.^F35]

[^F36Removal of feral pig investigation zones in England

20A.—(1) The Secretary of State must keep in place a feral pig investigation zone until—

(a)a feral pig control zone is declared by the Secretary of State covering all or part of the area covered by the feral pig investigation zone;

(b)a restricted zone 2 is declared covering all or part of the area covered by the feral pig investigation zone; or

(c)the presence of disease has been negated.

(2) Where sub-paragraph (a), (b) or (c) of paragraph (1) applies, the Secretary of State must revoke the zone.^F36]

Measures on confirmation of disease in feral pigs_I21

21.—(1) Where the Chief Veterinary Officer concludes that African swine fever or classical swine fever is present in a feral pig, the appropriate authority must declare a feral pig control zone, and all the measures in Schedule 2 apply within that zone.

(2) Where the Chief Veterinary Officer concludes that swine vesicular disease is present in a feral pig, the appropriate authority may declare a feral pig control zone, and may apply some or all of the Schedule 2 measures.

[^F37 (2A) The Secretary of State may also, following confirmation that disease is present in a feral pig in Wales or Scotland, declare a feral pig control zone in England and apply some or all of the Schedule 2 measures.^F37]

(3) Meat from a feral pig hunted in any feral pig control zone must not be placed on the market by any person unless the carcase is tested negative for disease in accordance with the relevant Diagnostic Manual and a veterinary inspector considers there is no risk of the spread of disease.

[^F38Removal of feral pig control zones in England

21A.—(1) The Secretary of State must keep in place a feral pig control zone until—

(a)a restricted zone 2 is declared covering all or part of the area covered by the feral pig control zone; or

(b)the Secretary of State considers, on the basis of a risk assessment, it is appropriate for the zone to be removed.

(2) Where sub-paragraph (a) or (b) of paragraph (1) applies, the Secretary of State must revoke the zone.^F38]

Emergency vaccination of feral pigs [^F39(other than feral pigs in England)^F39] against classical swine fever_I22

22.—(1) Where the Chief Veterinary Officer concludes that classical swine fever is present in a feral pig[^F40 (other than a feral pig in England)^F40] , and the epidemiological data available suggest that the disease threatens to spread, the appropriate authority may—

(a)introduce emergency vaccination of feral pigs in a specified area; and

(b)impose such conditions and restrictions in the specified area as the appropriate authority believes are necessary in order to enhance the effectiveness of the vaccination campaign.

(2) An occupier must comply with any such conditions and restrictions.

[^F41Emergency vaccination of feral pigs in England against classical swine fever and African swine fever

22A.—(1) Where the Chief Veterinary Officer concludes that classical swine fever or African swine fever is present in a feral pig in England, and the epidemiological data available indicates there is a risk of the spread of that disease, the Secretary of State may—

(a)introduce emergency vaccination of feral pigs in a specified area; and

(b)impose such conditions and restrictions in the specified area as the Secretary of State considers are necessary in order to improve the effectiveness of the vaccination campaign.

(2) An occupier must comply with any conditions or restrictions imposed under paragraph (1)(b).^F41]

PART 6 Area controls following confirmation of disease in domestic pigs

Protection and surveillance zones_I23

23.—(1) This regulation applies where the existence of disease has been confirmed on premises.

(2) Where the premises comprise—

(a)a slaughterhouse,

(b)a veterinary surgery where a pig has been brought for examination, or

(c)any other place to which a pig has been brought temporarily and the appropriate authority does not consider that place to be the centre of infection,

the appropriate authority may declare a protection zone and a surveillance zone around the premises.

[^F42 (2A) Where African swine fever has been confirmed on premises in England, the Secretary of State—

(a)must declare a protection zone and a surveillance zone around the premises unless a restricted zone 3 is already in place, or is declared, over the premises;

(b)where a restricted zone 3 is already in place, or is declared, over the premises, may declare a protection zone and a surveillance zone around the premises.^F42]

(3) In any other case the appropriate authority must declare a protection zone and a surveillance zone around the premises.

(4) The zones must be centred on the part of the premises that the appropriate authority considers most appropriate for disease control and—

(a)a protection zone must have a radius of at least 3 kilometres;

(b)a surveillance zone around the outside of the protection zone must, subject to paragraph (5), have a radius of at least 10 kilometres.

^F43(5) The appropriate authority may reduce the size of a surveillance zone ....

(6) The appropriate authority must ensure that within those zones, as far as is reasonably practicable—

(a)premises that contain pigs are identified; and

(b)veterinary inspectors visit such identified premises to—

(i)inspect, and as necessary examine, the pigs on the premises; and

(ii)collect and have tested such samples as the Chief Veterinary Officer considers necessary.

[^F44 (6A) Paragraph (6) does not apply in relation to zones declared by the Secretary of State.^F44]

(7) The measures in Part 1 of Schedule 3 apply in a protection zone[^F45 other than a protection zone declared by the Secretary of State^F45] .

(8) The measures in Part 2 of Schedule 3 apply in a surveillance zone[^F46 other than a protection zone declared by the Secretary of State^F46] .

(9) The measures in Schedule 4 apply in a protection and surveillance zone[^F47 other than a protection zone declared by the Secretary of State^F47] .

[^F48 (9A) The measures in Schedules 3A and Parts 4 and 5 of Schedule 4A, in so far as they relate to protection zones and surveillance zones declared by the Secretary of State, apply in relation to those zones.^F48]

(10) The appropriate authority may in a declaration apply any other measure that it deems to be necessary in order to reduce the spread of disease in respect of the whole or any part of any protection zone or surveillance zone.

[^F49 (11) This regulation is subject to regulation 27D (area controls following confirmation of swine vesicular disease in pigs in England).^F49]

Declarations of zones_I24

24.—(1) The declaration of a zone under these Regulations—

(a)must be in writing;

(b)must define the extent of the zone being declared;

(c)must specify the disease to which it relates; and

(d)may be amended or revoked by further declaration at any time.

(2) A person who keeps a pig within the zone to which the declaration relates must comply with any applicable measure that is specified in the declaration.

(3) Where a zone crosses a country border, the zone may be jointly declared by more than one appropriate authority.

[^F50Additional measures etc. applicable in England

24A. The Secretary of State may apply, in England, any other measure the Secretary of State considers necessary to reduce the spread of disease in respect of the whole or any part of any zone declared by the Secretary of State under these Regulations.^F50]

Removal of protection and surveillance zones [^F51other than zones in England^F51] _I25

25.—(1) The appropriate authority must keep in place a surveillance zone for at least the following periods—

(a)in the case of African swine fever, 40 days (but if an intensive testing programme has been carried out then 20 days),

(b)in the case of classical swine fever, 20 days, or

(c)in the case of swine vesicular disease, 28 days,

after pigs from infected premises have been killed and until such cleansing and disinfection as the Chief Veterinary Officer considers sufficient has been carried out on those premises.

(2) The appropriate authority must keep in place a protection zone for at least the following periods—

(a)in the case of African swine fever, 45 days (but if an intensive testing programme has been carried out then 30 days),

(b)in the case of classical swine fever, 30 days, or

(c)in the case of swine vesicular disease, 28 days,

after pigs from infected premises have been killed and until such cleansing and disinfection as the Chief Veterinary Officer considers sufficient has been carried out on those premises.

(3) In this regulation “intensive testing programme” means testing for African swine fever in accordance with sections F and G of Chapter IV of the Diagnostic Manual( 27 ).

[^F52 (4) This regulation does not apply to the Secretary of State.^F52]

[^F53Removal of protection zones and surveillance zones in England

25A.—(1) The Secretary of State must keep in place a protection zone until—

(a)all of the requirements set out in paragraph (2) have been complied with; or

(b)a restricted zone 3 is declared covering all or part of the area covered by the protection zone.

(2) The requirements are that—

(a)all pigs from infected premises in the zone have been killed in accordance with regulation 11, unless regulation 12 applies;

(b)all carcases of the pigs killed have been disposed of in accordance with regulation 13(1) to (3);

(c)at least 15 days have elapsed since the day on which preliminary cleansing and disinfection of infected premises in the zone in accordance with regulation 13(5) was completed;

(d)veterinary inspectors have visited premises in the zone on which pigs are kept in accordance with regulation 27E(1)(b)(ii); and

(e)where the presence of vectors is suspected on infected premises in the zone where African swine fever has been confirmed—

(i)an inspector has checked any building on those premises that has housed pigs and the surrounding environment in accordance with regulation 16(1); and

(ii)vector specimens obtained (if any) have been tested in accordance with regulation 16(2).

(3) Where a protection zone ceases, the area which formed that protection zone becomes part of the surveillance zone centred on the same part of the premises as that protection zone.

(4) The Secretary of State must keep in place a surveillance zone until the requirements set out in paragraph (2)(a), (b) (d) and (e) are met and—

(a)if classical swine fever has been confirmed on premises in the zone, at least 30 days have elapsed since the day on which preliminary cleansing and disinfection of infected premises in the zone in accordance with regulation 13(5) was completed;

(b)if African swine fever has been confirmed on premises in the zone—

(i)at least 30 days have elapsed since the day on which preliminary cleansing and disinfection of infected premises in the zone in accordance with regulation 13(5) was completed; or

(ii)a restricted zone 3 is declared covering all or part of the area covered by the surveillance zone;

(c)if swine vesicular disease has been confirmed, at least 28 days have elapsed since the day on which preliminary cleansing and disinfection of infected premises in the zone in accordance with regulation 13(5) was completed.^F53]

Premises straddling a protection or a surveillance zone_I26

26.—(1) Premises which are partly inside a protection zone and partly inside a surveillance zone must be deemed to be wholly inside the protection zone.

(2) Premises which are partly inside and partly outside the outer boundary of a surveillance zone must be deemed to be wholly inside that zone.

Publicity of declared zones_I27

27.—(1) The appropriate authority must publicise—

(a)the extent of any zone declared under these Regulations (including any [^F54Restricted Zone,^F54] emergency vaccination zone or feral pig control zone);

(b)the date of the commencement of the application of the zone;

(c)the nature of the measures relating to that zone;

(d)any amendment to the extent of a zone or measures applicable in the zone; and

(e)the date from which the zone no longer applies.

(2) The local authority may where practicable erect signs or posters indicating the existence of any zone declared under these Regulations.

[^F55Part 6A Area controls in England following confirmation of African swine fever in pigs in Great Britain

Restricted Zones

27A.—(1) Where the Chief Veterinary Officer has confirmed the presence of African swine fever of a kind mentioned in paragraph (2)(a) or (b) in any part of Great Britain, the Secretary of State may, if the Secretary of State considers it necessary to prevent the spread of African swine fever, declare—

(a)a restricted zone 2 in England, in the case of presence of a kind mentioned in paragraph (2)(a);

(b)a restricted zone 3 in England, in the case of a presence of a kind mentioned in paragraph (2)(b).

(2) The kinds of presence of African swine fever are—

(a)presence in two or more feral pigs;

(b)presence in domestic pigs on two or more premises.

(3) The Secretary of State may also declare—

(a)a restricted zone 2 in England, where African swine fever is present in a feral pig in Wales or Scotland;

(b)a restricted zone 3 in England, where African swine fever is present on infected premises in Wales or Scotland.

(4) The Secretary of State must declare a restricted zone 1 in England around each restricted zone 2 and restricted zone 3 that is declared.

(5) Where a Restricted Zone is declared, the appropriate measures in Schedules 3A and Parts 4 and 5 of Schedule 4A apply in relation to that zone.

Determination of size of Restricted Zones

27B. To determine the size of a Restricted Zone, the Secretary of State must take into account the following—

(a)the disease profile;

(b)the geographical situation of—

(i)the infected premises;

(ii)the infected feral pigs;

(c)ecological and hydrological factors;

(d)the meteorological conditions;

(e)the presence, distribution and type of vectors (if any);

(f)the results of any epidemiological enquiry, any other studies carried out and any epidemiological data;

(g)the results of laboratory tests;

(h)other relevant epidemiological factors.

Removal of Restricted Zones

27C.—(1) The Secretary of State must keep in place a restricted zone 2 until—

(a)veterinary inspectors have visited premises in the zone in accordance with regulation 27E(1)(b)(ii); and

(b)the Secretary of State, following a risk assessment, considers it is appropriate for the zone to be revoked.

(2) The Secretary of State must keep in place a restricted zone 3 until—

(a)all domestic pigs from infected premises in the zone have been killed in accordance with regulation 11, unless regulation 12 applies;

(b)all carcases of the pigs killed have been disposed of in accordance with regulation 13(1) to (3);

(c)preliminary cleansing and disinfection of infected premises in the zone has been carried out in accordance with regulation 13(5);

(d)veterinary inspectors have visited premises in the zone in accordance with regulation 27E(1)(b)(ii); and

(e)the Secretary of State, following a risk assessment, considers it is appropriate for the zone to be revoked.

(3) The Secretary of State must keep in place a restricted zone 1 until the restricted zone 2 or restricted zone 3 it surrounds has been revoked.

Part 6B Area controls following confirmation of swine vesicular disease in pigs in England

Area controls following confirmation of swine vesicular disease in pigs in England

27D. Following confirmation that swine vesicular disease is present in a pig in England, the Secretary of State may, following a risk assessment, decide—

(a)not to declare any zone under these Regulations;

(b)to declare a protection zone only or a surveillance zone only;

(c)to declare a protection zone or a surveillance zone smaller in size than required by regulation 23(4);

(d)to declare a protection zone or a surveillance zone shorter in duration than required by regulation 25A;

(e)to disapply some or all of the measures in any or all of the following—

(i)Schedule 1A;

(ii)Schedule 3A;

(iii)Schedule 4A.

Part 6C Inspections and related requirements in controlled zones

Inspections and related requirements in controlled zones

27E.—(1) The Secretary of State must ensure that, within controlled zones—

(a)premises on which pigs are kept are identified; and

(b)as far as reasonably practicable, veterinary inspectors visit the identified premises at least once to carry out the requirements set out in paragraph (2).

(2) The requirements are—

(a)inspection of any documents or records, in whatever form they are held, relating to—

(i)production;

(ii)health;

(iii)traceability analysis; and

(iv)any other matter as the veterinary inspector may require;

(b)verification that the following measures under Schedule 3A have been implemented on the premises—

(i)the record keeping requirements set out in Part 1;

(ii)the biosecurity requirements set out in Part 2;

(c)inspection, and as necessary, clinical examination of the pigs kept on the identified premises; and

(d)collection and testing of such samples as the Chief Veterinary Officer considers necessary.

(3) The Secretary of State may require veterinary inspectors to return to premises visited under this regulation where there are matters outstanding from a previous visit.

(4) The Secretary of State must keep a record of all visits carried out under this regulation and activities related to them.

Part 6D Tracing of pigs and pig products from areas subsequently declared to be controlled zones

Meaning of “controlled zone tracing period”

27F. In this Part “ controlled zone tracing period ”, in relation to premises in an area which is subsequently declared to be a controlled zone, means the period—

(a)beginning with the day that is 15 days before the estimated earliest date of infection; and

(b)ending with the day on which the controlled zone was declared.

Tracing of pigs kept on premises during an unregulated period of infection and related pig products

27G.—(1) Where pigs were kept on infected premises in England during an unregulated period of infection for those premises, the Secretary of State must, subject to paragraph (3), trace those pigs and any pig products obtained from them.

(2) Tracing under paragraph (1) must be—

(a)for pigs, tracing to the premises where the pigs are located or were slaughtered;

(b)for pig products, tracing to such premises as the Chief Veterinary Officer considers necessary to prevent the spread of disease.

(3) Tracing under this regulation is not required where the Secretary of State considers it impracticable.

Tracing of pigs kept on premises during a controlled zone tracing period and related pig products

27H.—(1) Where pigs were kept on premises in an area subsequently declared to be a controlled zone during the controlled zone tracing period for that area, the Secretary of State may trace those pigs or any pig products obtained from them.

(2) Tracing under paragraph (1) must be tracing to such premises as the Chief Veterinary Officer considers necessary to prevent the spread of disease.

Disposal of pig products that have been traced in England

27I. The Secretary of State must—

(a)dispose of any pig products in England which have been traced in accordance with this Part; or

(b)require their disposal by notice given to the person in possession of the pig products.

Part 6E General restrictions on movement of pigs and pig products in England

General restriction on movement of feral pigs in England

27J. A person must not move feral pigs in England except under the authority of a licence granted by a licensing officer.

General restriction on the movement of domestic pigs and pig products in England to prevent the spread of African swine fever

27K. The Secretary of State may, on the basis of a risk assessment, prohibit the movement of any or all of the following in England if the Secretary of State considers it necessary to prevent the spread of African swine fever—

(a)domestic pigs;

(b)pig products;

(c)any thing liable to transmit African swine fever.^F55]

PART 7 Vaccination

Prohibition on vaccination except in certain cases_I28

28.—(1) A person must not vaccinate a domestic pig[^F56 (other than a domestic pig in England)^F56] against disease other than in accordance with this Part or under the authority of a licence granted by a veterinary inspector.

[^F57 (1A) A person must not vaccinate a domestic pig in England against disease other than in accordance with this Part or under the authority of a licence granted by a licensing officer.^F57]

(2) A person must not vaccinate a feral pig against disease other than in accordance with regulation 22.

Declaration of an emergency vaccination zone following confirmation of classical swine fever [^F58or African swine fever^F58] _I29

29.—(1) This regulation applies where classical swine fever [^F59, or, in England, classical swine fever or African swine fever,^F59] has been confirmed and the appropriate authority is concerned that it threatens to spread to other areas.

(2) The appropriate authority may decide to declare an emergency vaccination zone after considering relevant criteria and risk factors, including—

(a)the rate at which outbreaks are confirmed;

(b)the density of pigs in the area;

(c)the likelihood of further outbreaks in the area for at least the next two months;

(d)the availability of resources to control disease.

(3) Premises which are partly inside and partly outside the outer boundary of an emergency vaccination zone must be deemed to be wholly inside that zone.

[^F60 (4) If an emergency vaccination zone is declared, the appropriate authority must publish an emergency vaccination plan relating to the zone.^F60]

^F61(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The declaration must include details of the responsibilities of the appropriate authority for organising the vaccination and subsequent monitoring to assess its effectiveness in preventing the spread of disease.

(7) Other than in the situation in [^F62 paragraph (8) ^F62][^F62 paragraph (7B) or (8) ^F62] , an emergency vaccination zone must remain in place for a period of at least 6 months after the completion of the vaccination operations within the zone (“the vaccination period”).

[^F63 (7A) The appropriate authority may use a marker vaccine during the vaccination period only in accordance with any requirements in the emergency vaccination plan.^F63]

[^F64 (7B) Where the vaccine used is a marker vaccine, the Secretary of State may reduce the vaccination period for a zone declared by the Secretary of State.^F64]

(8) The appropriate authority may reduce the vaccination period where all the vaccinated pigs within the declared zone have been slaughtered and cleansing and disinfection has been carried out at all infected premises.

(9) As far as reasonably practicable the appropriate authority must notify every keeper within the zone regarding the emergency vaccination requirements.

(10) A person must not move a pig from premises in an emergency vaccination zone[^F65 (other than a zone declared by the Secretary of State)^F65] unless a licence is granted by a veterinary inspector to move it direct to a designated slaughterhouse.

[^F66 (10A) A person must not move a pig from premises in an emergency vaccination zone declared by the Secretary of State unless in accordance with a licence granted by a licensing officer.^F66]

(11) Before sending to a slaughterhouse a pig which is on premises in an emergency vaccination zone, the keeper of the pig must notify the operator of the slaughterhouse of the expected time of arrival of the pig.

(12) The operator of a slaughterhouse must ensure—

(a)that vaccinated pigs are kept and slaughtered separately from unvaccinated pigs; and

(b)that the carcases of vaccinated pigs are kept separate from the carcases of unvaccinated pigs at the slaughterhouse.

(13) During the vaccination period within an emergency vaccination zone, other than under a licence granted by a veterinary inspector, a person must not—

(a)move any pig from any premises;

(b)collect semen, embryos or ova from seropositive pigs; or

(c)use semen, embryos or ova collected from pigs during the 30 days prior to vaccination.

Pigs vaccinated against classical swine fever [^F67or African swine fever^F67] _I30

30.—(1) This regulation applies to pigs vaccinated against classical swine fever [^F68or, in England, classical swine fever or African swine fever^F68] .

(2) A keeper who has had a pig vaccinated in an emergency vaccination zone or under the authority of a licence granted by a veterinary inspector[^F69 or, in the case of a pig vaccinated in England, a licensing officer^F69] must—

(a)ensure that it is identified in accordance with instructions from a veterinary inspector; and

(b)keep a record that it has been vaccinated.

(3) The keeper must only have a vaccinated pig slaughtered at a designated slaughterhouse.

(4) Following slaughter of a vaccinated pig the carcase must—

(a)be disposed of in accordance with the Animal By-Products (Enforcement) (England) Regulations 2013(28), the Animal By-Products (Enforcement) (Scotland) Regulations 2013(29) or the Animal By-Products (Enforcement) (Wales) Regulations 2014(30); or

(b)have a stamp applied and be treated under the Products of Animal Origin (Disease Control) (England) Regulations 2008(31), the Products of Animal Origin (Disease Control) (Scotland) Order 2008(32) or the Products of Animal Origin (Disease Control) (Wales) Regulations 2008(33).

(5) Where a marker vaccine has been used on a pig, the meat derived from that pig may be exempted by the appropriate authority from the requirement to be treated as restricted meat under the appropriate legislation listed in paragraph (4)(b).

Compulsory vaccination and controls for pigs vaccinated against swine vesicular disease_I31

31.—(1) This regulation applies where swine vesicular disease has been confirmed.

(2) Following confirmation of swine vesicular disease, the appropriate authority may declare an emergency vaccination zone in which every keeper inside the zone must ensure the vaccination of their pigs after considering relevant criteria and risk factors, including—

(a)the rate at which outbreaks are confirmed;

(b)the density of pigs in the area;

(c)the likelihood of further outbreaks in the area for at least the next two months; and

(d)the availability of resources to control disease.

(3) Premises which are partly inside and partly outside the outer boundary of an emergency vaccination zone must be deemed to be wholly inside that zone.

(4) As far as reasonably practicable the appropriate authority must notify every keeper within the zone regarding the emergency vaccination requirements.

(5) A person in possession or charge of a pig that has been vaccinated under this regulation must—

(a)ensure that the pig is identified in accordance with instructions from a veterinary inspector; and

(b)keep a record of the date when the pig was vaccinated.

(6) A person must not move a pig from premises in an emergency vaccination zone[^F70 (other than a zone declared by the Secretary of State)^F70] unless a licence is granted by a veterinary inspector to move it direct to a designated slaughterhouse.

[^F71 (6A) A person must not move a pig from premises in an emergency vaccination zone declared by the Secretary of State unless in accordance with a licence granted by a licensing officer.^F71]

(7) Before sending a vaccinated pig to a slaughterhouse the person responsible for its movement must notify the operator of the slaughterhouse of the expected time of arrival of the pig.

(8) The operator of a slaughterhouse must ensure that—

(a)vaccinated pigs are kept and slaughtered separately from unvaccinated pigs; and

(b)carcases of vaccinated pigs are kept separate from carcases of unvaccinated pigs.

(9) In the case of a pig outside an emergency vaccination zone—

(a)a veterinary inspector may serve a notice on the keeper to require the vaccination of the pig on those premises in accordance with the conditions of that notice; and

(b)a person must not move the vaccinated pig from the premises on which it was vaccinated except to a designated slaughterhouse under a licence granted by a veterinary inspector[^F72 or, if the premises on which it was vaccinated are in England, a licensing inspector^F72] .

[^F73Part 7A Designation of premises etc. in England

Designation of premises and approved animal by-products plants in England

31A.—(1) The Secretary of State may designate—

(a)premises in England to be used for the purpose of—

(i)collecting, processing or storing germinal products;

(ii)livestock markets;

(b)approved animal by-products plants in England.

(2) Designation of premises and plants under this Part may—

(a)be made subject to such conditions as the Secretary of State considers necessary to prevent the spread of disease;

(b)be amended, suspended or revoked in writing at any time.

(3) The occupier or the premises or plant (as the case may be) must comply with any conditions included in a designation under this regulation.^F73]

[^F73Part 7B Cleansing and disinfection of premises etc. in England

Cleansing and disinfection of premises etc. in England

31B. A person required by or under these Regulations to cleanse and disinfect any premises, or any thing, in England must do so in accordance with Schedule 4A.^F73]

PART 8 Inspection, enforcement and miscellaneous provisions

Notices_I32

32.—(1) Any notice served under these Regulations must be in writing and may be amended, suspended or revoked in writing at any time.

(2) A notice may be served on or given to a person by—

(a)personal delivery;

(b)leaving it at the person’s proper address; or

(c)sending it by post or by electronic means to the person’s proper address.

(3) In the case of a body corporate, a notice may be served on or given to an officer of that body.

(4) In the case of a partnership, a notice may be served on or given to a partner or a person having control or management of the partnership business.

(5) In the case of an unincorporated association, a notice may be served on or given to an officer of the association.

(6) For the purposes of this regulation and section 7 of the Interpretation Act 1978 ( 34 ) (service of documents by post) to the extent that it applies, “proper address” means—

(a)in the case of a body corporate or an officer of that body—

(i)the registered or principal office of that body, or

(ii)the email address of the officer;

(b)in the case of a partnership or a partner or person having control or management of the partnership business—

(i)the principal office of the partnership, or

(ii)the email address of the partner or person having that control or management;

(c)in the case of an unincorporated association or an officer of the association—

(i)the office of the association, or

(ii)the email address of the officer;

(d)in any other case, a person’s last known address, which includes an email address.

(7) For the purposes of paragraph (6), the principal office of a body corporate registered outside the United Kingdom or of a partnership or Scottish partnership established outside the United Kingdom is its principal office in the United Kingdom.

(8) If the name or address of any occupier of premises on whom a notice is to be served or given under these Regulations cannot, after reasonable inquiry, be ascertained, the notice may be served by leaving it conspicuously affixed to a building or object on the premises.

(9) A notice may require any action that an inspector reasonably believes is necessary for controlling the spread of disease.

(10) A notice may specify that a person in receipt of it must immediately inform an inspector of its safe receipt.

(11) A person must comply with the terms of any notice served, given or displayed under these Regulations.

(12) In this regulation—

“body corporate” includes a limited liability partnership;

“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;

“officer”, in relation to a body corporate, means any director, manager, secretary or other similar officer of the body corporate;

“partnership” includes a Scottish partnership, but does not include a limited liability partnership.

Licences_I33

33.—(1) A licence granted under these Regulations must be in writing and may be—

(a)general or specific;

(b)subject to conditions; and

(c)amended, suspended or revoked in writing at any time.

(2) A person moving any pig or thing under the authority of a specific licence must—

(a)carry the licence or a copy of it at all times during the movement; and

(b)on demand by an inspector or other officer of the appropriate authority, produce the licence or a copy and allow a copy or extract to be taken.

(3) A person moving any pig or thing under the authority of a general licence must—

(a)at all times during the movement, carry a document containing details of—

(i)what is being transported, including the quantity;

(ii)the date of the movement;

(iii)the names of the persons responsible for the pig or thing being moved at the place of departure and the place of destination;

(iv)the addresses of the place of departure and the place of destination;

(b)on demand by an inspector or other officer of the appropriate authority, produce the document and allow a copy or extract to be taken; and

(c)keep the document for at least six months.

(4) If any pig or thing has been moved to premises[^F74 (other than premises in England)^F74] under a licence, an inspector may serve a notice on the occupier of the premises of destination imposing such movement restrictions on those premises as the veterinary inspector deems necessary to prevent the risk of spreading disease.

[^F75 (4A) If any pig or thing has been moved to premises in England under a licence, an inspector may serve a notice on the occupier of the premises of destination imposing such measures on those premises as a veterinary inspector deems necessary to prevent the risk of spreading disease.^F75]

(5) A person who has a licence to do anything under these Regulations must comply with any conditions of that licence.

(6) Where a licence is required or authorised under these Regulations to be granted by a veterinary inspector, it may also be granted by an inspector acting under the direction of a veterinary inspector.

(7) A licence granted under these Regulations in England, Scotland or Wales is valid in any other part of Great Britain so long as the licensed activity is authorised in that other part of Great Britain.

Powers of inspectors_I34

34.—(1) An inspector may, on giving reasonable notice, and on producing a duly authenticated authorisation if required, enter any premises, vehicle, vessel or trailer (except if used wholly or mainly as a private dwelling) at any reasonable hour for the purpose of executing or enforcing these Regulations.

(2) The requirement to give notice does not apply where—

(a)the requirement has been waived by the occupier;

(b)reasonable efforts to identify the occupier have failed;

(c)reasonable efforts to agree an appointment have failed;

(d)an inspector has reasonable suspicion of a failure to comply with these Regulations; or

(e)the inspector has reasonable suspicion that disease is likely to spread to other premises if an immediate check is not carried out on the pigs at the premises.

(3) A justice of the peace, or in Scotland a stipendiary magistrate or a sheriff, may by signed warrant permit an inspector to enter any premises, vehicle, vessel or trailer, if necessary by reasonable force, if satisfied on sworn information in writing—

(a)that there are reasonable grounds to enter those premises for the purpose of executing or enforcing these Regulations; and

(b)that any of the conditions in paragraph (4) are met.

(4) The conditions are—

(a)entry to premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;

(b)asking for admission to premises, or giving such a notice, would defeat the object of the entry;

(c)entry is required urgently; or

(d)the premises are unoccupied or the occupier is temporarily absent.

(5) A warrant is valid for three months.

(6) An inspector entering premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

(7) An inspector entering any premises, vehicle, vessel or trailer may—

(a)inspect any pig or thing there;

(b)take samples;

(c)seize and destroy any equipment or other thing that may spread disease;

(d)detain or isolate any pig, equipment or other thing that may spread disease;

(e)mark, tag or micro-chip for identification purposes any pig or thing;

(f)carry out any inquiries, examinations and tests;

(g)move any pig or vehicle, vessel or trailer carrying a pig or any other thing that may be contaminated with disease to a specified location;

(h)undertake surveillance for vectors and implement insect control measures;

(i)undertake surveillance for feral pigs;

(j)capture and detain a feral pig;

(k)in the case of classical swine fever, vaccinate a feral pig;

(l)take samples from a feral pig, or authorise another under supervision to take such samples;

(m)kill a feral pig (or authorise another person under the inspector’s supervision to kill a feral pig) if the Chief Veterinary Officer is satisfied that killing is necessary either for the control of disease or for surveillance purposes, and in particular if—

(i)it is not reasonably practicable to take samples from the feral pig without killing it;

(ii)it is not reasonably practicable to detain it pending the results of any testing or sampling; or

(iii)feral pigs are suspected by the Chief Veterinary Officer of—

(aa)spreading disease,

(bb)being likely to spread disease, or

(cc)being at risk of contracting disease;

(n)have access to, inspect and copy any documents or records (in whatever form they are held) appertaining to these Regulations, and remove them to enable them to be copied;

(o)inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with any documents or records;

(p)require by notice served on the occupier—

(i)any pig to be marked, tagged or micro-chipped for identification purposes;

(ii)any pig or thing (including a vehicle or trailer) to be moved from premises to other specified premises;

(iii)the undertaking of surveillance for the presence of vectors;

(iv)the implementation of such insect control measures as the inspector considers practical and necessary;

(v)a pig to be retained for use as a sentinel pig or a sentinel pig to be introduced onto those premises.

(8) Where an inspector has entered any premises, vehicle, vessel or trailer and it is not reasonably practicable to determine whether any documents or records found on those premises appertain to these Regulations, the inspector may seize them to ascertain whether or not they are relevant.

(9) The inspector may—

(a)take any necessary equipment or vehicle on to the premises;

[^F76 (b)be accompanied by such other persons as the inspector considers necessary.^F76]

(10) Any power or obligation to take a sample and test it includes a power to—

(a)re-test any sample; and

(b)take further samples from pigs, carcases or from the environment for testing.

Notices following a contravention of movement controls_I35

35.—(1) If a pig has been moved to any premises in contravention of any provision of these Regulations or any licence or notice served under these Regulations, an inspector may serve a notice on the occupier of those premises requiring—

(a)that pig, or any other pig on the premises, to be detained on the premises; or

(b)any pig on the premises to be moved to other premises specified in the notice.

(2) If a pig has been moved to other premises under such a notice, an inspector may serve a notice on the occupier of those other premises imposing such movement restrictions relating to any pig on those premises as the inspector considers necessary to reduce the risk of spreading disease.

Powers of inspectors in case of default_I36

36. If any person fails to comply with a requirement in or under these Regulations, an inspector may take such steps as that inspector considers necessary, including seizure of things, to ensure the requirement is met at the expense of that person.

Compensation for pigs killed and things seized_I37

37.—(1) The appropriate authority must pay compensation in accordance with this regulation for—

(a)any pig killed pursuant to regulations 7(5), 8(2) or 11;

(b)any thing likely to spread disease that is seized under these Regulations and not returned other than where such things are seized by an inspector acting under regulation 36.

(2) The amount of any compensation payable under paragraph (1)(a) is—

(a)one half of the value of the pig immediately before it became affected where the pig was affected with classical swine fever or African swine fever;

(b)the value of the pig immediately before it became affected where the pig was affected with swine vesicular disease (less any price received by the owner at slaughter);

(c)where the pig is not affected with disease, the value of the pig immediately before it was killed.

(3) The amount of any compensation payable under paragraph (1)(b) is the value of the thing seized at the time of its seizure;

(4) The value of the pig or thing seized (as the case may be) is—

(a) the amount determined in writing by the appropriate authority (“the appropriate authority’s valuation”); or

(b)where the determination of the value has been referred to an appointed valuer under paragraph (5), the amount determined in writing by that valuer.

(5) If, within 14 days after receiving the appropriate authority’s valuation, the owner of the pig killed or the thing seized (as the case may be) gives written notice to the appropriate authority disputing that valuation, with reasons, the appropriate authority must refer the determination of the value to an appointed valuer.

(6) The appointed valuer must be a person—

(a)appointed jointly by the owner and the appropriate authority for the purpose of conducting a valuation under this regulation; or

(b)failing agreement on such appointment within 10 days of receipt of the notice given under paragraph (5), appointed by the appropriate authority for that purpose.

(7) The determination of value by the appointed valuer is final and binding on the appropriate authority and the owner.

(8) Fees charged or expenses incurred by an appointed valuer for work done under this regulation must be paid—

(a)where the valuer’s determination is equal to or less than the appropriate authority’s valuation, by the owner;

(b)otherwise, by the appropriate authority.

(9) Action under this regulation to determine the value of any pig or other thing must not result in any delay in the killing of a pig for the purposes of controlling disease.

Obstruction_I38

38. A person must not—

(a)intentionally obstruct or impede anyone acting in the execution or enforcement of these Regulations;

(b)without reasonable cause, proof of which lies on the person charged, fail to give to any person acting in the execution or enforcement of these Regulations any assistance or information that is reasonably required;

(c)provide to anyone acting in the execution or enforcement of these Regulations any information knowing it to be false or misleading or not believing it to be true; or

(d)fail to produce a record when required to do so by any person acting in the execution or enforcement of these Regulations.

Offences and penalties_I39

39.—(1) It is an offence to fail [^F77, otherwise than in England,^F77] to comply with—

(a)regulation 3(3)(a) or (b) (obligations on change in occupation);

(b)regulation 5(1) or (2) (requirement to notify the appropriate authority of suspect pig or carcase);

(c)regulation 6(3) or (5) (requirements on occupier to comply with initial measures);

(d)regulation 9(3) (movement of a pig in a temporary control zone);

(e)regulation 19(5)(a) or (b) (obligations on operator of slaughterhouse);

(f)regulation 21(3) (placing feral pig meat on the market without a negative test for disease);

(g)regulation 22(2) (failure to comply with any measure specified following vaccination of feral pigs);

(h)regulation 24(2) (movement restriction in a declared zone);

(i)regulation 28(1) or (2) (prohibition on vaccination);

(j)regulation 29(10), (12) or (13) (requirements arising from emergency vaccination);

(k)regulation 30(2) or (3) (requirements relating to pigs vaccinated against classical swine fever);

(l)regulation 31(5), (6), (8) or (9)(b) (requirements relating to pigs vaccinated against swine vesicular disease);

(m)regulation 32 (11) (requirement to comply with notice);

(n)regulation 33(5) (requirement to comply with conditions of a licence);

(o)regulation 38 (obstruction);

(p)Schedule 1 (measures on suspect, contact and infected premises);

(q)Schedule 2 (measures in a feral pig investigation or control zone);

(r)paragraph 1, 5, 6, 7, 8 or 9 of Part 1 of Schedule 3 (measures in a protection zone);

(s)paragraph 10, 15, 16, 17, 18 or 19 of Part 2 of Schedule 3 (measures in a surveillance zone);

(t)Schedule 4 (cleansing and disinfection of vehicles).

[^F78 (1A) It is an offence against the Animal Health Act 1981 to fail, in England, to comply with—

(a)regulation 3(3)(a) or (b) (obligations on change in occupation);

(b)regulation 5(1) or (2) (requirement to notify the appropriate authority of suspect pig or carcase of a pig);

(c)regulation 6(3) or (5) (requirements on occupier to comply with initial measures);

(d)regulation 9(3) (movement of a pig in a temporary control zone);

(e)regulation 14(2) (secondary cleansing and disinfection);

(f)regulation 15 (use of approved disinfectants);

(g)regulation 15A(2) or (4) (requirement to comply with veterinary inspector’s instructions as to use of approved or licensed disinfectant);

(h)regulation 18(2), (3A), (4), (4A), (6A), (8), (10A) or (10B) (restocking and testing with sentinel pigs on infected or contact premises);

(i)regulation 19(5)(a) or (b) (obligations on operator of slaughterhouse);

(j)regulation 21(3) (placing feral pig meat on the market without a negative test for disease);

(k)regulation 22A(2) (failure to comply with any measure specified following vaccination of feral pigs in England);

(l)regulation 24(2) (movement restriction in a declared zone);

(m)regulation 27J (general restriction in England on movement of feral pigs);

(n)regulation 28(1A) or (2) (prohibition on vaccination);

(o)regulation 29(10A), (12) or (13) (requirements arising from emergency vaccination);

(p)regulation 30(2) or (3) (requirements relating to pigs vaccinated against classical swine fever or African swine fever);

(q)regulation 31(5), (6A), (8) or (9)(b) (requirements relating to pigs vaccinated against swine vesicular disease);

(r)regulation 31A(3) (conditions attached to designation of premises or plants);

(s)regulation 32(11) (requirement to comply with notice);

(t)regulation 33(5) (requirement to comply with conditions of a licence);

(u)regulation 38 (obstruction);

(v)Schedule 1 (measures on suspect, contact and infected premises);

(w)Schedule 1A (restriction of movement of pig products obtained from pigs kept on premises in England later designated as infected premises);

(x)Schedule 2 (measures in a feral pig investigation or feral pig control zone);

(y)paragraph 1, 2, 4, 5, 6, 7, 8, 9, 11, 18, 20, 22, 25, 27, 28, 30, 31, 32, 33, 34, 35(1)(b) or (2), 36, 37, 38, 39, 40, 41 or 45 of Schedule 3A (measures in controlled zones);

(z)paragraph 1, 3, 5 or 6 of Schedule 4A (cleansing, disinfection and treatment in England).^F78]

(2) A person guilty of an offence [^F79under paragraph (1) or (1A)^F79] is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding six months or both.

Offences by bodies corporate, partnerships and unincorporated associations_I40

40.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a)a director, manager, secretary or other similar officer of the body corporate, or

(b)a person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of the offence.

(2) In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3) Where a partnership or Scottish partnership is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of a partner, the partner, as well as the partnership or Scottish partnership, is guilty of the offence.

(4) In paragraph (3) “partner” includes a person purporting to act as a partner.

(5) Where an unincorporated association is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of an officer of the association, that officer, as well as the association, is guilty of the offence.

(6) In paragraph (5) “officer” in relation to an unincorporated association, means—

(a)an officer of the association or a member of its governing body, or

(b)a person purporting to act in such a capacity.

[^F80Disapplication of measures in England to those executing these Regulations

40A. Any requirement or prohibition under these Regulations restricting the movement of any person, or the use of any thing, in England does not apply to any of the following in their execution of the Regulations—

(a)the Secretary of State;

(b)a local authority;

(c)the police;

(d)a person authorised by the Secretary of State or the local authority to execute these Regulations.^F80]

Enforcement_I41

41.—(1)[^F81 These^F81][^F81 Subject to paragraphs (1A) and (2), these^F81] Regulations are enforced by the relevant local authority.

[^F82 (1A) These Regulations as they apply to slaughterhouses in England are enforced by the Food Standards Agency.^F82]

(2) The appropriate authority may direct, in relation to cases of a particular description or in relation to particular cases, that the appropriate authority will enforce these Regulations instead.

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations in England.

(4) A constable may stop and search any vehicle that the constable reasonably believes to be carrying pigs and may check documents carried in the vehicle to ensure that pigs are not transported in contravention of these Regulations.

(5) Any vehicle suspected by the constable of carrying pigs in contravention of these Regulations may—

(a)be detained by the constable until an inspector arrives; or

(b)be ordered by the constable to be taken back to any place it came from.

Exceptional circumstances_I42

42. A veterinary inspector may for the purpose of ensuring the health or welfare of any pig in exceptional circumstances—

(a)license a person to carry out any action that is otherwise prohibited under these Regulations; or

(b)exempt a person, by notice, from any requirement under these Regulations.

Miscellaneous revocations, disapplication and consequential amendments_I43

43.—(1) The instruments listed in Schedule 5 are revoked.

(2) Section 31(d) of, and paragraph 4 of Schedule 3 to, the Animal Health Act 1981(35) do not apply to the extent that they refer to hog cholera (otherwise known as classical swine fever).

(3) The Artificial Insemination of Pigs (England and Wales) Regulations 1964(36) are amended as follows—

(a)for regulation 7(2)(b) substitute—

“(b)infected premises under the Diseases of Swine Regulations 2014;”, and

(b)in regulation 7(2)(c), for “or swine fever” substitute “or under the Diseases of Swine Regulations 2014”.

(4) The Artificial Insemination of Pigs (Scotland) Regulations 1964(37) are amended as follows—

(a)for regulation 8(2)(b) substitute—

“(b)infected premises under the Diseases of Swine Regulations 2014;”, and

(b)in regulation 8(2)(c), for “or swine fever” substitute “or under the Diseases of Swine Regulations 2014”.

(5) The Products of Animal Origin (Disease Control) (England) Regulations 2008(38) are amended as follows—

(a)for regulation 3(8) (definition of restricted meat) substitute—

“(8) Subject to paragraph (9), “restricted meat” is meat, including meat that has come into contact with meat—

(a)produced on or after the date that a protection zone or a surveillance zone is declared, or an earlier date where the Secretary of State specifies such a date for the purpose of disease control;

(b)from a restricted animal or restricted poultry that has come from an infected area, a protection zone or a surveillance zone; and

(c)from pigs that have been vaccinated to protect them from classical swine fever for 6 months (or any other specified period).”;

(b)in Schedule 1 (disease legislation) omit references to the Classical Swine Fever (England) Order 2003, the African Swine Fever (England) Order 2003 and the Swine Vesicular Disease Order 1972, and at paragraph 1 insert “The Diseases of Swine Regulations 2014”.

(6) The Products of Animal Origin (Disease Control) (Wales) Regulations 2008(39) are amended as follows—

(a)in the English text, for regulation 3(8) (restricted animal, restricted poultry and restricted meat: definitions) substitute—

“(8) Subject to paragraph (9), “restricted meat” (“cig dan gyfyngiadau”) is meat, including meat that has come into contact with meat—

(a)produced on or after the date that a protection zone or a surveillance zone is declared, or an earlier date where the Welsh Ministers specify such a date for the purpose of disease control;

(b)from a restricted animal or restricted poultry that has come from an infected area, a protection zone or a surveillance zone; and

(c)from pigs that have been vaccinated to protect them from classical swine fever for 6 months (or any other specified period).”;

(b)in the English text of Schedule 1 (disease legislation) omit references to the Classical Swine Fever (Wales) Order 2003, the African Swine Fever (Wales) Order 2003 and the Swine Vesicular Disease Order 1972, and at paragraph 1 insert “The Diseases of Swine Regulations 2014”;

(c)in the Welsh text, for regulation 3(8) (anifail, dofednod a chig dan gyfyngiadau:diffiniadau) substitute—

“(8) Yn ddarostyngedig i baragraff (9), “cig dan gyfyngiadau” (“restricted meat”) yw cig, sy’n cynnwys cig a ddaeth i gyffyrddiad â chig—

(a)a gynhyrchwyd ar neu ar ôl y dyddiad y datganwyd parth gwarchod neu barth goruchwylio, neu ddyddiad cynharach os bydd Gweinidogion Cymru yn pennu’r dyddiad hwnnw at ddibenion rheoli clefydau;

(b)sy’n dod o anifail dan gyfyngiadau neu ddofednod dan gyfyngiadau sy’n dod o ardal heintiedig, parth gwarchod neu barth goruchwylio; ac

(c)sy’n dod o foch sydd wedi eu brechu er mwyn eu hamddiffyn rhag clwy clasurol y moch am 6 mis (neu unrhyw gyfnod arall a bennwyd).”;

(d)in the Welsh text of Schedule 1 (deddfwriaeth clefydau) omit references to Gorchymyn Clwy Clasurol y Moch (Cymru) 2003, Gorchymyn Clwy Affricanaidd y Moch (Cymru) 2003 and Gorchymyn Clefyd Pothellog y Moch 1972, and in paragraph 1 insert “Rheoliadau Clefydau’r Moch 2014”.

(7) The Products of Animal Origin (Disease Control) (Scotland) Order 2008(40) is amended as follows—

(a)for article 4(9) (definition of restricted meat) substitute—

“(9) Subject to paragraph (10), “restricted meat” is meat, including meat that has come into contact with meat—

(a)produced on or after the date that the protection zone or surveillance zone was declared, or an earlier date where the Scottish Ministers specify such a date for the purpose of disease control;

(b)from a restricted animal or restricted poultry that has come from an infected area, a protection zone or a surveillance zone; and

(c)from pigs that have been vaccinated to protect them from classical swine fever for 6 months (or any other specified period).”;

(b)in Schedule 1 (disease legislation) omit references to the African Swine Fever (Scotland) Order 2003, the Classical Swine Fever (Scotland) Order 2003 and the Swine Vesicular Disease (Scotland) Order 2009, and at paragraph 1 insert “The Diseases of Swine Regulations 2014”.

Review of the Regulations in England_I44

^F8344. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 7(2)

SCHEDULE 1 Measures on suspect, contact and infected premises

Records_I45

1.—(1) The occupier must keep a record of the number of pigs of each category of pig production on the premises.

(2) The occupier must take all reasonable steps to update the record to show the number of pigs that—

(a)are alive;

(b)have died since restrictions under these Regulations were imposed in relation to the premises;

(c)show clinical signs of illness; and

(d)have been born since restrictions under these Regulations were imposed in relation to the premises.

(3) The occupier must keep the record for at least six months after—

(a)the revocation of the notice served under regulation 7(2), 8(1) [^F84, 10(2) or 10A(3)^F84] , or

(b)the premises cease to be within any zone declared under Part 6 (so far as the declaration applies to the premises),

whichever is the later.

Confinement or isolation of pigs_I46

2. The occupier must ensure that pigs are confined or isolated as directed by a veterinary inspector.

Restriction on movement of pigs_I47

3. A person must not move any pig or carcase on or off the premises except under the authority of a licence granted by a veterinary inspector.

Restriction on removal of any equipment, animal or thing liable to transmit disease_I48

4. A person must not remove from the premises any equipment, animal or any other thing (including genetic material) that may spread disease except under the authority of a licence granted by a veterinary inspector.

Restrictions on spreading pig manure and slurry_I49

5. A person must not spread pig manure or slurry except under the authority of a licence granted by a veterinary inspector.

Cleansing, disinfection and other biosecurity measures_I50

6. The occupier must—

(a)provide and maintain means of cleansing and disinfection at the entrances to, and exits from, the premises and all buildings on those premises housing pigs; and

(b)comply with any directions from an inspector concerning such means of cleansing and disinfection and the imposition of other biosecurity measures (including rodent and vector control).

Restriction on movement of vehicles and persons_I51

7.—(1) A person must not—

(a)enter or leave the premises, or

(b)move any vehicle to or from the premises,

except under the authority of a licence granted by a veterinary inspector.

(2) All persons entering or leaving the premises must observe appropriate biosecurity measures that may include cleansing and disinfecting footwear, outer clothing, exposed skin and any possessions they have on them.

(3) Sub-paragraph (1) does not apply to any movement necessary for the provision of emergency services.

Regulation 10A(3)

[^F85Schedule 1A Restriction of movement of pig products from premises that are later designated as infected premises under regulation 10A

Restriction of movement of pig products from premises that are later designated as infected premises under regulation 10A

1.—(1) A person must not, except in accordance with a licence granted under sub-paragraph (2), move from premises in England any pig products that have been—

(a)moved from other premises that, after that move, are designated under regulation 10A as infected premises by a designation which has been notified to that person; or

(b)been obtained from pigs that have been moved from other premises that, after that move, are designated under regulation 10A as infected premises by a designation which has been notified to that person.

(2) A licensing officer may licence the movement of such pig products for the purposes of immediate disposal.

Exceptions

2. Paragraph 1 does not apply to pig products that—

(a)have been—

(i)produced at least 15 days before the estimated earliest date of infection for the infected premises; and

(ii)obtained, cut, transported and stored separately from pig products produced after that date;

(b)have undergone treatment in accordance with Schedule 2 to the Products of Animal Origin Regulations; or

(c)have been moved from the establishment at which the meat from which they were obtained was first processed.^F85]

Regulation 20(3)

SCHEDULE 2 Measures in a feral pig investigation or control zone

Requirement to report a carcase of a feral pig found on premises_I52

1. An occupier must—

(a)report to the appropriate authority as soon as possible the location of any carcase of a feral pig (including where it has been shot by hunters) found on the premises; and

(b)not move such carcase other than under a licence granted by a veterinary inspector.

Requirements on occupier of premises containing domestic pigs_I53,I54

2. Following confirmation of classical swine fever or African swine fever in a feral pig occupiers of premises containing domestic pigs must ensure that—

(a)all pigs on premises are kept in a place on the premises where they are isolated from feral pigs;

(b)no person moves a pig on or off premises except under a licence granted by a veterinary inspector;

(c)appropriate means of cleansing and disinfection are undertaken;

(d)all persons entering or leaving the premises must observe appropriate biosecurity measures that include cleansing and disinfecting footwear, outer clothing, exposed skin and any possessions they have on them; and

(e)vector control is carried out in accordance with any instructions from a veterinary inspector.

3. Following confirmation of swine vesicular disease in a feral pig, the occupier may be required by a veterinary inspector to comply with one or more of the requirements specified in paragraph 2.

Movement of genetic material_I55

4. Following confirmation of classical swine fever or African swine fever in a feral pig, a person must not move pig semen, ova or embryos off the premises unless licensed to do so by a veterinary inspector.

Killing of feral pigs_I56

5. A person must not kill a feral pig unless licensed to do so by a veterinary inspector.

Feeding of feral pigs_I57

6. A person must not feed any feral pig other than in accordance with a licence granted by a veterinary inspector.

Regulation 23(7) and (8)

SCHEDULE 3

PART 1 Measures in a protection zone

Movement of pigs in a protection zone_I58,I59

1. A person must not move a pig in a protection zone unless—

(a)a licence is granted by a veterinary inspector to allow the pig to move from premises outside the protection zone direct to a slaughterhouse situated in the zone for immediate slaughter in accordance with paragraph 2;

(b)a licence is granted by a veterinary inspector to allow the movement of the pig between two premises within the zone, divided by a public road provided that the two premises would be contiguous except for the public road;

(c)the movement is allowed under paragraph 3; or

(d)the pig is transported and remains in a vehicle which must not enter any livestock premises within the zone.

2. A veterinary inspector may license the movement of a pig from outside the protection zone to a designated slaughterhouse inside the zone for immediate slaughter provided that—

^F86 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the vehicle transporting the pig is thoroughly cleansed and disinfected at the slaughterhouse after the pig has been unloaded.

Movement of pigs off premises in a protection zone_I60,I61

3. A licence may be granted by a veterinary inspector after the expiry of the relevant period specified in the table to this paragraph to allow movement of a pig off premises in a protection zone if directly transported to—

(a)a designated slaughterhouse;

(b)a plant where the pig is immediately killed and the carcase is processed in accordance with the Animal By-Products (Enforcement) (England) Regulations 2013(41), the Animal By-Products (Enforcement) (Scotland) Regulations 2013(42) or the Animal By-Products (Enforcement) (Wales) Regulations 2014(43); or

(c)^F88other premises located in the protection zone, under exceptional circumstances following [^F87the approval by^F87] the appropriate authority ....

Note: In accordance with the Diagnostic Manual, if the appropriate authority has applied an intensive sampling and testing programme making it possible to negate the presence of African swine fever on the premises, the ‘x’ and ‘y’ periods for that disease are reduced to 30 days.

4. A licence may only be granted under paragraph 3 where—

(a) a veterinary inspector has inspected the pigs on the premises and has individually examined each pig that is to be moved and found no clinical signs suggestive of disease;

(b) a sufficient number of samples are taken in accordance with the Diagnostic Manual from pigs which are to be slaughtered or killed, in order that the presence of disease in the batch of pigs can be determined; and

(c) the pigs to be moved are transported in a vehicle sealed by an inspector.

Movement of other animals and persons from premises on which pigs are kept_I62

5. A person must not move any other animal that may carry disease on or off premises in the protection zone on which pigs are kept unless licensed by a veterinary inspector, and all persons entering or leaving such premises must observe appropriate biosecurity measures to reduce the risk of spread of disease.

Restriction on removal of any thing liable to transmit disease_I63

6. A person must not move any thing liable to transmit disease, including a carcase, pig genetic material or animal feed, off premises on which pigs are kept within the protection zone except under the authority of a licence granted by a veterinary inspector.

Restrictions on the transporting and spreading of pig manure or slurry_I64,I65

7. A person must not transport manure or slurry, which contains waste material of swine origin, off premises in the protection zone other than under a licence granted by a veterinary inspector.

8. A person must not spread manure or slurry, which contains waste material of swine origin other than under a licence granted by a veterinary inspector.

Reporting of dead or diseased pigs_I66

9. The keeper must report all dead or diseased pigs to the appropriate authority.

PART 2 Measures in a surveillance zone

Movement of pigs in a surveillance zone_I67,I68

10. A person must not move a pig through a surveillance zone unless—

(a)the pig is transported and remains in a vehicle which must not enter any livestock premises within the zone;

(b)a licence is granted by a veterinary inspector to allow the pig to move from premises outside the surveillance zone direct to a slaughterhouse within the zone for immediate slaughter in accordance with paragraph 11;

(c)a licence is granted by a veterinary inspector to allow the movement of the pig between premises, divided by a public road provided that the premises would be contiguous except for the public road; or

(d)the movement is licensed under paragraph 12 in the case of swine vesicular disease, or under paragraph 13 in the case of African swine fever and classical swine fever.

11. A veterinary inspector may license the movement of a pig from outside the surveillance zone to a designated slaughterhouse within the zone for immediate slaughter provided that the vehicle transporting the pig is thoroughly cleansed and disinfected at the slaughterhouse after the pig has been unloaded.

Movement of pigs off premises in a surveillance zone for swine vesicular disease_I69

12. A licence may be granted by a veterinary inspector to allow the movement of pigs off premises in a surveillance zone to other premises within the zone declared for the control of swine vesicular disease, provided that no pig has moved on to the premises of origin in the previous 21 days, and where—

(a)a veterinary inspector has inspected the pigs on the premises of origin and has individually examined each pig that is to be moved and found no clinical signs suggestive of swine vesicular disease;

(b)a serological examination—

(i)of a statistical sample of the pigs to be moved has been carried out at the keeper’s expense without the detection of antibodies to the swine vesicular disease virus within the 14 days preceding the movement; or

(ii)in the case of pigs going for slaughter, may be carried out on the basis of blood samples taken at the designated slaughterhouse; and

(c)the pigs to be moved are transported in a vehicle sealed by an inspector.

Movement of pigs off premises in a surveillance zone for African swine fever and classical swine fever_I70,I71

13. A licence may be granted by a veterinary inspector to allow movement of a pig after the expiry of the relevant period specified in the table to this paragraph if the pig is transported directly—

(a)to a designated slaughterhouse;

(b)to a plant where the pig is immediately killed and the carcase is processed in accordance with the Animal By-Products (Enforcement) (England) Regulations 2013, the Animal By-Products (Enforcement) (Scotland) Regulations 2013 or the Animal By-Products (Enforcement) (Wales) Regulations 2014; or

(c)in exceptional circumstances, to other premises located in the zone.

Note: In accordance with the Diagnostic Manual, if the appropriate authority has applied an intensive sampling and testing programme making it possible to negate the presence of African swine fever on the premises, the “x” and “y” periods for that disease are reduced to 21 days and 30 days respectively.

14. A licence may only be granted under paragraph 13 where—

(a)a veterinary inspector has inspected the pigs on the premises of origin and individually examined each pig to be moved and found no clinical signs suggestive of African swine fever or classical swine fever;

(b)a sufficient number of samples are taken in accordance with the Diagnostic Manual from pigs which are to be slaughtered or killed, in order that the presence of disease in the batch of pigs can be determined; and

(c)the pigs to be moved are transported in a vehicle sealed by an inspector.

Movement of other animals and persons from premises on which pigs are kept_I72

15. A person must not move any other animal which might carry disease on to or off premises in the surveillance zone on which pigs are kept unless—

(a)under a licence granted by a veterinary inspector; and

(b)all persons entering or leaving such premises where pigs are kept observe appropriate biosecurity measures to reduce the risk of spread of disease.

Restriction on removal of any thing liable to transmit disease_I73

16. A person must not move any thing liable to transmit disease, including a carcase, pig genetic material or animal feed, off premises on which pigs are kept within the surveillance zone except under the authority of a licence granted by a veterinary inspector.

Restrictions on the transporting and spreading of pig manure or slurry_I74,I75

17. A person must not transport manure or slurry, which contains waste material of swine origin, off premises in the surveillance zone other than under a licence granted by a veterinary inspector.

18. A person must not spread manure or slurry, which contains waste material of swine origin, other than under a licence granted by a veterinary inspector.

Reporting of dead or diseased pigs_I76

19. The keeper must report all dead or diseased pigs to the appropriate authority.

Regulations 23(9A), 27A(5), 27D(e), 27E(2)(b) and 39(1A)

[^F89Schedule 3A Measures in respect of controlled zones

Part 1 Record keeping

Record of pigs, pig products and related items kept in a controlled zone

1.—(1) The occupier of any premises in a controlled zone on which pigs are kept must make records of—

(a)the number of live pigs;

(b)the number of pigs of each category of pig production on the premises;

(c)if the pigs are kept in different epidemiological categories, those categories and the number of pigs in each of them;

(d)the number of pigs that—

(i)have died;

(ii)are showing clinical signs of disease;

(iii)the occupier suspects are infected with disease;

(e)the number of live pigs that have been moved on or off the premises;

(f)the amount of pig products, fodder, feed, slurry, manure or litter that has been moved on or off the premises;

(g)any vehicles or equipment that have been moved on or off the premises;

(h)the amount of any other thing that a veterinary inspector has notified the occupier as capable of spreading disease and that has been moved on or off the premises;

(i)any veterinary medicinal product or non-medicinal alternative therapy administered.

(2) The records must include—

(a)in the case of movement onto the premises—

(i)the date of the movement;

(ii)the premises from which the movement originated (if known);

(iii)the name and address of the person from whom ownership or possession is being or has been transferred;

(b)in the case of movement off the premises—

(i)the date of the movement;

(ii)the premises of destination (if known);

(iii)the name and address of the person to whom ownership or possession is being or has been transferred.

(3) In this paragraph, “ veterinary medicinal product ” means—

(a)any substance or combination of substances presented as having properties treating or preventing disease in domestic animals; or

(b)any substance or combination of substances that may be used in, or administered to, domestic animals with a view either to restoring, correcting or modifying physiological functions by erecting a pharmacological, immunological or metabolic action, or to making a medical diagnosis; or

(c)any substance or combination of substances that may be used for the purpose of euthanising a domestic animal.

Record of visitors to premises in a controlled zone

2. The occupier of any premises in a controlled zone on which pigs are kept must make records of—

(a)the name and address of any person visiting the premises;

(b)the date and time of the visit;

(c)the reason for the visit;

(d)the areas of the premises visited;

(e)whether the visitor had any contact with pigs on the premises.

Exceptions to paragraph 2

3. Paragraph 2 does not apply in relation to—

(a)any person visiting a zoo, a wildlife park or (unless required by the Secretary of State) any other premises open to the public, provided the public has no access to any area where pigs are kept;

(b)any person visiting part of the premises where—

(i)no pigs are kept; or

(ii)no items which may be fed to or come into contact with pigs are kept;

(c)any person on a public right of way or exercising a right of access to the premises;

(d)trespassers;

(e)any person executing these Regulations.

How records are to be kept

4. The records required under this Part of this Schedule must—

(a)be made as soon as reasonably practicable and kept up to date; and

(b)be kept for at least 12 months after the day on which premises cease to be in a controlled zone.

Part 2 Biosecurity in controlled zones

Biosecurity measures

5. The occupier of any premises in a controlled zone on which pigs are kept must—

(a)keep pigs separated from feral pigs and any other wild animals;

(b)undertake surveillance on the premises to identify any spread of disease, including monitoring to establish if—

(i)there is any increased morbidity;

(ii)there is any increase in pig deaths;

(iii)there is any significant change in feed or water intake or other relevant information relating to the production of pigs on the premises;

(c)immediately notify the Secretary of State if there is any such increase or a significant reduction in feed or water intake;

(d)implement adequate vector and rodent control measures;

(e)establish disinfection points and use appropriate means of disinfection at entrances to and exits from the premises;

(f)apply appropriate biosecurity measures at the premises to—

(i)all persons in contact with pigs;

(ii)all persons and vehicles entering or leaving the premises;

(g)dispose of carcases or parts of carcases in accordance with _dfnRegulation (EC) 1069/2009.

Part 3 Released, escaped and straying pigs in controlled zones

Released, escaped and straying pigs in controlled zones

6.—(1) A person must not release any pigs kept on premises in a controlled zone.

(2) A keeper must take all steps necessary to prevent any pigs from—

(a)escaping or straying from the premises on which they are kept;

(b)coming into contact with any stray or feral pigs.

(3) The occupier of any premises in a controlled zone who finds a stray pig on the premises must immediately—

(a)take all reasonably practicable steps to locate the owner of the pig and arrange for the pig's return; and

(b)report the finding of the pig to the Secretary of State.

Part 4 Transportation of pigs etc. in England under a licence or in accordance with paragraph 18 of this Schedule

Transportation of pigs in England under a licence

7.—(1) A person must, when moving pigs in England under a licence granted under these Regulations, transport those pigs—

(a)without any animal of any other species in the same vehicle;

(b)where reasonably practicable, on a major highway or mainline railway;

(c)without stopping, except for rest breaks or where the stop is required by law for animal welfare;

(d)without loading or unloading the pigs after departing or before arriving at the premises of destination, unless licensed to do so by a licensing officer; and

(e)in compliance with paragraph 8(1) or (3) (or both) as the case may be.

(2) In this paragraph—

“ mainline railway ” has the meaning given by the Railways and Other Guided Transport Systems (Safety) Regulations 2006 ;

“ major highway ” means a motorway or an A road.

Requirements for vehicles used for transportation of pigs and pig products etc. under a licence or in accordance with paragraph 18 of this Schedule

8.—(1) A person must, when moving pigs, pig products or any other thing in England—

(a)under a licence granted under this these Regulations; or

(b)through a protection zone or a surveillance zone in accordance with paragraph 18 of this Schedule,

use a vehicle which meets the requirements set out in sub-paragraph (2).

(2) The requirements are that the vehicle must—

(a)be constructed and maintained in such a way so as to prevent the pigs escaping and any leakage; and

(b)be cleansed and disinfected in accordance with Parts 1 and 5 of Schedule 4A.

(3) Where a person is moving pigs, pig products or any other thing from premises in a protection zone, the transportation vehicle must also be sealed by a licensing officer after the pigs have been loaded onto the vehicle.

Part 5 Movement of pigs and pig products within, into or out of controlled zones

General restriction on movement of pigs within, into or out of controlled zones

9. A person must not move a pig within, into, or out of a controlled zone unless the movement is in accordance with this Part of this Schedule.

Movement of pigs to a designated slaughterhouse

10.—(1) A licensing officer may, following a risk assessment, license the movement of pigs kept on premises in a relevant controlled zone from those premises to a designated slaughterhouse (within or outside a controlled zone) if the requirements set out in sub-paragraph (2) are met.

(2) The requirements are that—

(a)a veterinary inspector has visited the premises of origin in accordance with regulation 27E(1)(b); and

(b)a veterinary inspector has, not more than 48 hours before the movement—

(i)inspected all pigs kept at the premises of origin;

(ii)clinically examined each pig being moved in accordance with the relevant Diagnostic Manual; and

(iii)where necessary, taken and tested, in accordance with the relevant Diagnostic Manual, a sufficient number of samples from each pig being moved to rule out the presence of disease.

(3) Where any pigs are being moved from premises in a restricted zone 2 or a restricted zone 3, the Secretary of State may decide that a clinical examination under sub-paragraph (2)(b)(ii) is not required.

(4) Where any pigs are being moved from premises in a protection zone to a designated slaughterhouse—

(a)the operator of the designated slaughterhouse must inform the Food Standards Agency before the pigs’ arrival;

(b)the Food Standards Agency must—

(i)confirm there are no signs of disease in the pigs before slaughter and at the post mortem examination;

(ii)ensure the operator of the slaughterhouse keeps the pigs separately from other animals;

(iii)ensure the operator of the slaughterhouse slaughters the pigs separately, or at a different time, from other animals;

(iv)ensure the operator of the slaughterhouse cleanses and disinfects the area where the pigs were kept and slaughtered, in accordance with Schedule 4A, before keeping and slaughtering other pigs or other animals in those areas;

(v)ensure fresh meat obtained from the pigs is—

(aa)marked in accordance with Schedule 3 to the Products of Animal Origin Regulations;

(bb)moved in sealed containers;

(cc)moved to processing premises for risk mitigating treatment in accordance with Schedule 2 to those Regulations.

Marking and treatment of meat obtained from pigs kept on premises in a protection zone, a surveillance zone or a restricted zone 3

11.—(1) Where pigs are being moved from premises in a protection zone, a surveillance zone or a restricted zone 3 under a licence granted under this Part of this Schedule, any meat or meat products obtained from those pigs must—

(a)be treated in accordance with Schedule 2 to the Products of Animal Origin Regulations before being sold or consigned for sale to the final consumer; and

(b)be marked in accordance with Schedule 3 to the Products of Animal Origin Regulations.

(2) Where the meat or meat products obtained are to be retained in the domestic market, the Secretary of State may decide that treatment under sub-paragraph (1)(a) is not required.

Movement of pigs from premises in a restricted zone 1 to a slaughterhouse

12.—(1) A licensing officer may, following a risk assessment, license the movement of pigs kept on premises in a restricted zone 1 from those premises to a slaughterhouse (whether within the zone or outside it) if the requirements set out in sub-paragraph (2) are met.

(2) The requirements are that—

(a)a veterinary inspector has visited the premises of origin in accordance with regulation 27E(1)(b); and

(b)a veterinary inspector has, not more than 48 hours before the movement—

(i)inspected all pigs on the premises of origin;

(ii)clinically examined each pig being moved in accordance with the relevant Diagnostic Manual; and

(iii)where necessary, taken and tested, in accordance with the relevant Diagnostic Manual, a sufficient number of samples from those pigs to be moved to rule out the presence of disease.

(3) The Secretary of State may decide that a clinical examination under sub-paragraph (2)(b)(ii) is not required.

Movement of pigs from premises outside a controlled zone

13. A licensing officer may, following a risk assessment, license the movement of pigs kept on premises outside a controlled zone from those premises to—

(a)a designated slaughterhouse in a controlled zone other than a restricted zone 1; or

(b)premises in a controlled zone.

Movement of pigs to an approved animal by-products plant

14.—(1) A licensing officer may, following a risk assessment, license the movement of pigs kept on premises in a controlled zone from those premises to an approved animal by-products plant (within or outside a controlled zone) if the requirements set out in sub-paragraph (2) are met.

(2) The requirements are that—

(a)the pigs are slaughtered by the end of the working day on which they arrived;

(b)a veterinary inspector has visited the premises of origin in accordance with regulation 27E(1)(b); and

(c)a veterinary inspector has, not more than 48 hours before the movement—

(i)inspected all pigs on the premises of origin;

(ii)clinically examined each pig being moved in accordance with the relevant Diagnostic Manual; and

(iii)where necessary, taken and tested, in accordance with the relevant Diagnostic Manual, a sufficient number of samples from those pigs to be moved to rule out the presence of disease.

(3) Where pigs are being moved from premises in a Restricted Zone, the Secretary of State may decide that a clinical examination under sub-paragraph (2)(c)(ii) is not required.

Movement of pigs for the purpose of health or welfare

15.—(1) A licensing officer may, following a risk assessment, license the movement of pigs within or out of one of the zones listed in sub-paragraph (2) if the requirements set out in sub-paragraph (3) are met.

(2) The zones are—

(a)a surveillance zone;

(b)a Restricted Zone.

(3) The requirements are that—

(a)the purpose of the movement is to ensure the health or welfare of the pigs;

(b)a veterinary inspector has, not more than 48 hours before the movement—

(i)inspected all pigs on the premises of origin;

(ii)clinically examined each pig being moved in accordance with the relevant Diagnostic Manual; and

(iii)where necessary, taken and tested, in accordance with the relevant Diagnostic Manual, a sufficient number of samples from those pigs to be moved to rule out the presence of disease;

(c)a veterinary inspector has visited the premises of origin in accordance with regulation 27E(1)(b);

(d)where the movement is from premises in a surveillance zone, at least 15 days have elapsed since preliminary cleansing and disinfection was completed on all infected premises in that zone in accordance with regulation 13(5);

(e)where the movement is from premises in a surveillance zone, a restricted zone 2 or a restricted zone 3—

(i)the pigs being moved have been kept on the premises of origin for at least 20 days; and

(ii)no other pig has been introduced at the premises of origin within that period, unless a licensing officer has confirmed that the pig in question has been kept in an epidemiologically separate unit; and

(f)where the movement is from premises in a surveillance zone or a restricted zone 3—

(i)the premises of destination are part of the premises of origin’s production cycle or supply chain; and

(ii)the movement is necessary to complete the production cycle before slaughter.

(4) Where pigs are being moved within or out of a Restricted Zone, the Secretary of State may decide that the inspection and clinical examination under sub-paragraph (3)(b)(i) and (ii) is not required.

Movement of pigs for the purpose of health or welfare in exceptional circumstances

16.—(1) Subject to sub-paragraph (3), a licensing officer may, following a risk assessment, license the movement of pigs kept on premises in a controlled zone to any other premises if the requirements set out in sub-paragraph (2) are met.

(2) The requirements are that—

(a)the movement is necessary for ensuring the health or welfare of any pig in exceptional circumstances; and

(b)a veterinary inspector is satisfied that all reasonable steps will be taken to ensure the pigs will be kept on the premises of destination—

(i)in an empty unit; or

(ii)where an empty unit cannot be used, a unit that is epidemiologically separate from other pigs kept on those premises.

(3) Pigs kept on premises in a protection zone may only be moved within that zone or to the adjacent surveillance zone.

Movement of pigs to and from a veterinary surgery

17. Where a veterinary surgeon cannot visit pigs kept on premises in a controlled zone, a licensing officer may, following a risk assessment, license the movement of those pigs within, out of, or into a controlled zone to a veterinary surgery and to return to the premises of origin.

Movement of pigs through a protection zone or a surveillance zone

18. A person must not move any pigs through a protection zone or a surveillance zone unless—

(a)both the premises of origin and the premises of destination are outside that zone;

(b)the route that must be taken to move the pigs is through that zone; and

(c)the transport is in compliance with the requirements of paragraph 8(1) or (3) (or both), as the case may be.

Movement within a controlled zone to return stray pigs

19. A licensing officer may license the movement of stray pigs into, within and out of a controlled zone for the purposes of returning those stray pigs to their owner in accordance with paragraph 6(3)(a) of Part 3 of this Schedule.

Part 6 Movement of germinal products from premises in controlled zones

Movement of germinal products collected from pigs kept on premises in relevant controlled zones

20. Subject to paragraph 24, a person must not move any germinal products collected from pigs kept on premises in a relevant controlled zone—

(a)out of that zone; or

(b)where the zone is a protection zone or a surveillance zone, within that zone,

unless the movement is in accordance with a licence granted under paragraph 21 or 23.

Licensing of movement of germinal products collected from pigs kept on premises in controlled zones

21.—(1) A licensing officer may license the movement of germinal products under paragraph 20(1) if the requirements set out in sub-paragraph (2) are met.

(2) The requirements are that—

(a)a veterinary inspector has visited the premises of origin in accordance with regulation 27E(1)(b); and

(b)a veterinary inspector has, not more than 48 hours before the germinal products were collected—

(i)inspected all the pigs on the premises of origin;

(ii)clinically examined each of the donor pigs in accordance with the relevant Diagnostic Manual; and

(iii)where necessary, taken and tested, in accordance with the relevant Diagnostic Manual, a sufficient number of samples from those pigs to be moved to rule out the presence of disease.

(3) Any germinal products being moved under a licence must be collected, stored and transported separately from other pig products that not eligible to be moved under these Regulations.

(4) Where germinal products are being moved from premises in a restricted zone 2 or a restricted zone 3, the Secretary of State may decide that a clinical examination in accordance with sub-paragraph 2(b)(ii) is not required.

Movement of germinal products collected from pigs kept on premises outside protection zones and surveillance zones

22. A person must not—

(a)move into a protection zone any germinal products collected from pigs kept on premises outside that protection zone and the adjacent surveillance zone; or

(b)move into a surveillance zone any germinal products collected from pigs kept on premises outside that surveillance zone,

unless that movement is in accordance with a licence granted under paragraph 21 or 23.

Movement of germinal products to an approved animal by-products plant

23.—(1) A licensing officer may license the movement of germinal products collected from pigs kept on premises in a relevant controlled zone if the requirement set out in sub-paragraph (2) is met.

(2) The requirement is that the movement is to an approved animal by-products plant for disposal or processing in accordance with Regulation (EC) 1069/2009.

(3) Any germinal products being moved under a licence must be collected, stored and transported separately from other pig products that are not eligible to be moved under these Regulations.

Exemption to general restriction on movement of germinal products

24. Germinal products are exempt from the movement restriction in paragraph 20 if—

(a)they were produced on premises before the first day of the unregulated period of infection for those premises; and

(b)they were collected, transported and stored separately from any pig products produced during the unregulated period of infection for those premises.

Part 7 Movement of fresh meat and meat products obtained from pigs kept on premises in controlled zones

Movement of fresh meat and meat products obtained from pigs kept in certain controlled zones

25.—(1) A person must not—

(a)move within or out of a protection zone or a surveillance zone fresh meat or meat products obtained from pigs kept on premises in either of those zones; or

(b)move out of a restricted zone 2 or a restricted zone 3 fresh meat or meat products obtained from pigs kept on premises in either of those zones,

except in accordance with a licence granted under this paragraph or paragraph 26 and, where applicable, sub-paragraph (4).

(2) A licensing officer may license the movement of a kind mentioned in sub-paragraph (1)(a) or (b) if the requirements set out in sub-paragraph (3) are met.

(3) The requirements are that—

(a)the fresh meat or meat products were obtained from pigs that were moved to a slaughterhouse and slaughtered in accordance with paragraphs 10, 12 and 13 of this Schedule;

(b)where the fresh meat or meat products were obtained from pigs kept on premises in a protection zone, a surveillance zone or a restricted zone 3, the movement is to—

(i)a cutting plant;

(ii)a cold store;

(iii)processing premises; and

(c)where the fresh meat or meat products were obtained from pigs kept on premises in a protection zone, the meat is or meat products are moved in sealed containers.

(4) Subject to sub-paragraphs (5) and (6), the fresh meat or meat products must be—

(a)marked in accordance with Schedule 3 to the Products of Animal Origin Regulations; and

(b)treated in accordance with Schedule 2 to the Products of Animal Origin Regulations before being supplied to the final consumer.

(5) Where fresh meat or meat products were obtained from pigs kept on premises in a restricted zone 2, the requirements set out in sub-paragraph (4) do not apply.

(6) Where fresh meat or meat products were obtained from pigs kept on premises in a restricted zone 3 and are for the domestic market only, the Secretary of State may, following a risk assessment, decide that treatment under sub-paragraph (4)(b) is not required.

(7) A person may not export any fresh meat or meat products which, as permitted by sub-paragraph (5) or a decision under sub-paragraph (6), have not been treated under sub-paragraph (4)(b).

Movement of fresh meat and meat products obtained from pigs to an approved animal by-products plant

26. Where fresh meat or meat products are obtained from pigs kept on premises in a controlled zone, a licensing officer may license their movement to an approved animal by-products plant if the meat or meat products are collected, stored and transported separately from other pig products that are not eligible to be moved under these Regulations.

Part 8 Movement of animal by-products obtained from pigs kept on premises in controlled zones

Movement of animal by-products obtained from pigs kept on premises in certain controlled zones

27.—(1) Except in accordance with a licence granted under sub-paragraph (2), a person must not—

(a)move animal by-products within or out of a protection zone or a surveillance zone, if the animal by-products were obtained from pigs kept on premises in either of those zones;

(b)move animal by-products out of a restricted zone 2 or restricted zone 3, if the animal by-products were obtained from pigs kept on premises in either of those zones.

(2) A licensing officer may license the movement of a kind mentioned in sub-paragraph (1) if the requirements set out in sub-paragraph (3)(a), (b) or (c) are met.

(3) The requirements are that—

(a)the movement is to an approved animal by-products plant and—

(i)where the movement is within or out of a protection zone, the transportation vehicle is sealed, after the animal by-products are loaded, by a licensing officer or under a licensing officer’s supervision;

(ii)the animal by-products are collected, stored and transported separately from other pig products that are not eligible to be moved under these Regulations; and

(iii)the movement is for the purpose of disposal or processing in accordance with _dfnRegulation (EC) 1069/2009;

(b)the movement is of animal by-products obtained from pigs kept on premises in a restricted zone 2 or a restricted zone 3 to a temporary collection plant and—

(i)the animal by-products are collected, stored and transported separately from other pig products that are not eligible to be moved under these Regulations; and

(ii)the movement is for the purpose of disposal or processing in accordance with _dfnRegulation (EC) 1069/2009;

(c)the movement is a qualifying movement of manure, slurry containing material of swine origin, used bedding or used litter, and those animal by-products are collected, stored and transported separately from other pig products that are not eligible to be moved under these Regulations.

(4) In sub-paragraph (3)(c) a “qualifying movement” is a movement—

(a)from premises in a protection zone or a restricted zone 3 for disposal at landfill after processing in accordance with Regulation (EC) 1069/2009; or

(b)from premises in a surveillance zone or a restricted zone 2, either—

(i)without processing, to an authorised landfill located in one of those zones; or

(ii)after processing, to an authorised landfill.

(5) For the purposes of sub-paragraph (4), “ an authorised landfill ” means a landfill in England in relation to which a permit issued under the Environmental Permitting (England and Wales) Regulations 2016 subsists.

Spreading of manure obtained from pigs or slurry containing material of swine origin

28. A person must not spread—

(a)manure obtained from pigs kept on premises in a controlled zone; or

(b)slurry containing material of swine origin from pigs kept on premises in a controlled zone,

otherwise than under a licence granted by a licensing officer under this paragraph.

Movement of samples obtained from pigs etc. kept in relevant controlled zones

29. A licensing officer may license the movement of samples taken from pigs, or carcases of pigs, kept on premises in a relevant controlled zone into, within or out of the relevant controlled zone.

Part 9 Movement within controlled zones of things liable to transmit disease

Movement within controlled zones of things liable to transmit disease

30.—(1) Except in accordance with a licence under sub-paragraph (2), a person must not move any thing liable to transmit disease (including fodder, equipment and affected clothing), from premises in a controlled zone on which pigs are kept to any other premises or place within that zone.

(2) A licensing officer may license a movement of a kind mentioned in sub-paragraph (1) if the requirement set out in sub-paragraph (3) is met.

(3) The requirement is that the thing being moved is collected, stored and transported separately from any other thing that is not eligible to be moved under these Regulations.

(4) For the purposes of this paragraph “ affected clothing ” means—

(a)clothing that has been in contact with—

(i)pigs or faeces, blood or other bodily fluids from a pig; or

(ii)equipment, feed or any other thing (not mentioned in sub-paragraph (i)) associated with the production of pigs; or

(b)clothing that has been in contact with clothing falling within paragraph (a).

(5) This paragraph does not apply to fresh meat or meat products obtained from pigs kept on premises in a controlled zone.

Part 10 Movement of non-susceptible animals from premises in controlled zones

Movement of a non-susceptible animal from premises in a controlled zone

31.—(1) Except in accordance with a licence granted under sub-paragraph (2), a person must not move a non-susceptible animal—

(a)within relevant premises; or

(b)from relevant premises to any other premises (whether in a controlled zone or not).

(2) A licensing officer may license a movement of a kind mentioned in sub-paragraph (1)(a) or (b) if the requirements set out in sub-paragraph (3)(a) or (b) are met.

(3) The requirements are that—

(a)the movement is from one part of the relevant premises to another part of the same premises via land that does not form part of those premises;

(b)the movement is of livestock—

(i)to a slaughterhouse;

(ii)to or from a veterinary surgery;

(iii)to premises where no pigs are kept; or

(iv)to a livestock market where there are no pigs.

(4) In this paragraph—

(a) a “ non-susceptible animal ” means any animal that is not a pig, but does not include any non-food-producing animal belonging to a species fed, bred or kept, but not normally intended for human consumption, in the United Kingdom, except for equines;

(b) “ relevant premises ” means premises in a controlled zone on which pigs are kept.

Part 11 Control of movement of vehicles for transporting pigs

Control of movement of pig transport vehicles

32.—(1) Except in accordance with a licence granted by a licensing officer under this paragraph, a person must not move any vehicle designed or adapted for the transport of pigs or pig products—

(a)from premises in a controlled zone on which pigs are kept to any other premises (whether in a controlled zone or not); or

(b)from premises (whether in a controlled zone or not) to a slaughterhouse within a controlled zone.

(2) This paragraph does not apply to any vehicles that are used to transport pigs or pig products where the movement of the pigs or pig products has been licensed under this Schedule.

Part 12 Control of pig gatherings, feral pig hunting and sale of related products in controlled zones

Prohibition of pig gatherings in controlled zones

33.—(1) A person must not hold a pig gathering in a controlled zone.

(2) For the purposes of this paragraph “ pig gathering ” means an occasion at which pigs are gathered for one or more of the following purposes—

(a)a sale, show or exhibition;

(b)collection for onward consignment (whether within or outside Great Britain);

(c)inspection to confirm whether the pigs possess specific breed characteristics.

Control of feral pig hunting in controlled zones and of sale of products obtained from feral pigs

34.—(1) Except in accordance with a licence granted by a licensing officer under this paragraph, a person must not hunt feral pigs in a controlled zone.

(2) A person must not place on the market any product obtained from a feral pig hunted in a controlled zone unless—

(a)it has been tested in accordance with the relevant Diagnostic Manual; and

(b)as a result of those tests a veterinary inspector is satisfied that the feral pig was not infected with any relevant disease at the time the product was obtained.

(3) In this paragraph “ relevant disease ” means disease which, or suspicion of which, resulted in the declaration of the controlled zone.

Part 13 Requirements on premises of destination

Requirements on premises to which pigs kept on premises in a surveillance zone, a restricted zone 2 or a restricted zone 3 are moved

35.—(1) Where pigs are moved under a licence granted under this Schedule from premises in a surveillance zone to premises of destination that are not a slaughterhouse or veterinary surgery—

(a)the licensing officer must serve a notice on the occupier of the premises of destination imposing the same movement restrictions on those premises as apply in the surveillance zone in accordance with Schedule 3A for the duration that the surveillance zone is in place; and

(b)the occupier of the premises of destination must keep the pigs epidemiologically separate from all other pigs present on the premises until—

(i)at least 15 days have elapsed since the movement took place; and

(ii)the surveillance zone has been removed.

(2) Where pigs are moved under a licence granted under this Schedule from premises in a restricted zone 2 or a restricted zone 3 to premises of destination that are not a slaughterhouse or veterinary surgery, the occupier of the premises of destination must—

(a)keep the pigs epidemiologically separate from all other pigs present at the premises until at least 15 days have elapsed since the movement took place; and

(b)keep the pigs on the premises until at least 15 days have elapsed since the movement took place.

Requirements on premises of destination to which pigs are moved for the purpose of health or welfare

36. Where pigs are moved under a licence granted under paragraph 16 of this Schedule, the occupier of the premises of destination must keep those pigs on the premises until at least 15 days have elapsed since the movement took place.

Part 14 Prohibition on use in raw pet food of pig products produced from pigs kept on premises in relevant controlled zones

Prohibition on use in raw pet food of pig products obtained from pigs kept on premises in relevant controlled zones

37. The owner of any pig products obtained from pigs kept on premises in a relevant controlled zone must not allow those pig products to be used in the production of raw pet food.

Part 15 Restrictions on breeding pigs on premises in controlled zones

Restriction on breeding pigs by itinerant service within a controlled zone

38. Except in accordance with a licence granted by a licensing officer under this paragraph, a person must not breed pigs by means of itinerant service within a controlled zone.

Restriction on breeding pigs by artificial insemination within a controlled zone

39.—(1) Except in accordance with a licence granted by a licensing officer under this paragraph and sub-paragraph (2), a person must not breed pigs by artificial insemination within a controlled zone.

(2) No equipment used for breeding by artificial insemination within a controlled zone may leave the controlled zone (whether the equipment was in the area declared to be the controlled zone at the time it was declared or not).

Part 16 Slaughter of pigs kept on premises in relevant controlled zones for private consumption

Slaughter of pigs kept on premises in a controlled zone for private consumption

40. A person must not slaughter pigs kept on premises in a relevant controlled zone for private consumption unless those premises are a designated slaughterhouse.

Part 17 Movement of meat and meat products obtained from pigs kept on premises in an area which is subsequently declared to be a relevant controlled zone

Movement of meat and meat products obtained from pigs kept on premises in an area which is subsequently declared to be a relevant controlled zone

41. Except in accordance with a licence granted under paragraph 43 and subject to paragraph 42, a person must not move meat or meat products that were obtained from pigs kept on premises in an area which, after the meat or meat products are obtained, is declared to be a relevant controlled zone.

Exemptions from paragraph 41

42.—(1) Paragraph 41 does not apply in relation to any meat or meat products if they—

(a)were produced before the start of the unregulated period of infection for the first infected premises in the relevant controlled zone;

(b)were obtained, cut, transported and sorted separately from other products produced after that date;

(c)have been treated in accordance with Schedule 2 to the Products of Animal Origin Regulations; or

(d)have been moved from the first processing establishment or, where such products are not processed, a packing establishment.

(2) For the purposes of sub-paragraph (1)(a) the “first infected premises” is the first premises in the controlled zone to be declared under regulation 10A to be infected premises.

Licensing of movements of fresh meat and meat products otherwise prohibited under paragraph 41

43.—(1) A licensing officer may license the movement of fresh meat and meat products, the movement of which is prohibited under paragraph 41, if the requirements set out in sub-paragraph (2) are met.

(2) The requirements are—

(a)where the fresh meat or meat products were obtained from pigs kept on premises over which a relevant controlled zone is subsequently declared, that the fresh meat and meat products have been marked in accordance with Schedule 3 to the Products of Animal Origin Regulations; and

(b)where the fresh meat or meat products were obtained from pigs kept on premises over which a protection zone, a surveillance zone or a restricted zone 3 is subsequently declared, that the movement is for treatment in accordance with Schedule 2 to the Products of Animal Origin Regulations.

(3) Where fresh meat or meat products obtained from pigs kept on premises over which a restricted zone 3 is subsequently declared are for the domestic market, the Secretary of State may decide, following a risk assessment, that treatment under sub-paragraph (2)(b) is not required.

Movement of germinal products and animal by-products obtained from pigs kept on premises in an area which is subsequently declared to be a controlled zone

44. A licensing officer may, following a risk assessment, license the movement of germinal products and animal by-products obtained from pigs kept on premises over which a controlled zone is subsequently declared.

Part 18 Feral pig carcases, and meat and other products obtained from feral pigs, in controlled zones

Reporting of location of feral pig carcases in controlled zones

45. A person who finds a feral pig carcase in a controlled zone (including where the pig has been shot by hunters) must, as soon as possible, report the location of the carcase to the Secretary of State.

Movement of feral pig carcases and meat and other products obtained from feral pigs within or out of a controlled zone

46. Except in accordance with a licence granted by a licensing officer under this paragraph, a person must not move any of the following within or out of a controlled zone—

(a)feral pig carcases;

(b)meat obtained from feral pigs;

(c)animal by-products obtained from feral pigs.

Part 19 General exemptions to movement restrictions

General exemptions to movement restrictions

47.—(1) The following are exempt from the movement restrictions in this Schedule—

(a)any products of animal origin obtained from pigs kept within a controlled zone that—

(i)are considered by the Secretary of State to be safe commodities; or