Epizootic Lymphangitis (Jersey) Order 1958

Revised Edition

02.400.34

Showing the law as at 1 January 2006

This is a revised edition of the law

Epizootic Lymphangitis (Jersey) Order 1958

Arrangement

Article

1            Interpretation

2            Power to slaughter

3            Veterinary enquiry by the Minister

4            Detention and isolation of diseased and suspected horses

5            Public warning as to disease

6            Cleansing and disinfection

7            Prohibition on exposure or movement of diseased or suspected horses and of horses which have been exposed to infection

8            Disposal of carcases

9            Citation

Supporting Documents

Endnotes

Table of Legislation History

Table of Endnote References



Epizootic Lymphangitis (Jersey) Order 1958[1]

THE ECONOMIC DEVELOPMENT COMMITTEE, in pursuance of Articles 3, 6, 8, 10 and 42 of the Diseases of Animals (Jersey) Law 1956,[2] orders as follows –

Commencement [see endnotes]

1      Interpretation

In this Order –

“approved disinfectant” has the meaning assigned to it in the Diseases of Animals (Approved Disinfectants) (Jersey) Order 1958;[3]

“disease” means epizootic lymphangitis;

“disinfect” means disinfect with an approved disinfectant;

“examine” includes the taking of specimens for laboratory examination;

“Law” means the Diseases of Animals (Jersey) Law 1956;[4]

“owner” includes an authorized agent of the owner;

“premises” includes land.

2      Power to slaughter

The provisions of Article 8 of the Law shall apply to epizootic lymphangitis.

3      Veterinary enquiry by the Minister

Where notice has been given under Article 4 of the Law that any horse is affected with disease or where there are reasonable grounds for suspecting that any horse is affected with disease, or that there is the carcase of a diseased or suspected horse, the Minister shall cause all horses on the premises on which the diseased or suspected horse or carcase is to be found to be examined by the Veterinary Officer.

4      Detention and isolation of diseased and suspected horses

(1)     Where the Minister is satisfied that there is on any premises a diseased or suspected horse, the Minister shall cause to be served on the occupier of those premises a notice requiring –

(a)     that the horse shall be detained in the stable, building, yard, field or other place specified in the notice;

(b)     that, in the event of the death of the horse, the carcase shall not be moved out of the place so specified;

(c)     that no other horse shall be permitted to come in contact with the horse;

(d)     that, except under and in accordance with a permit in writing granted by or on behalf of the Minister, no dung, fodder, litter or other thing that has been in contact with any horse to which a notice under this Article applies, shall be removed from or out of the place so specified,

and it shall be the duty of the occupier of the premises to comply with the terms of the notice.

(2)    A notice under paragraph (1) may contain such other conditions as the Minister thinks fit for preventing the spreading of the infection of disease.

(3)    Where the Minister is of the opinion that it is expedient to remove any horse to which a notice under this Article applies to some other place for purposes of isolation or other necessary purpose, the Minister may cause to be served on the owner of the horse a further notice requiring that the horse be moved to and detained in such other place, and thereupon that horse shall be moved, under the supervision of an inspector, by the nearest available route and without unnecessary delay to such other place and there detained and isolated as may be specified in such further notice.

(4)    A notice under this Article shall remain in force until withdrawn by or on behalf of the Minister.

5      Public warning as to disease

(1)    The Minister may, if he or she thinks fit, give public warning of the existence of disease on premises to which a notice under Article 4 relates by placards affixed on or about the premises, by advertisement or by other means.

(2)    Any person who, without lawful authority or excuse, proof whereof shall lie on him or her, removes or defaces any placards affixed under paragraph (1) shall be guilty of an offence against this Order.

6      Cleansing and disinfection

(1)    The occupier of any premises on which there has been a diseased horse or carcase shall cleanse and disinfect, or cause to be cleansed and disinfected, in the manner prescribed, any place on those premises used by or for that horse or carcase and all utensils, harness, nosebags, mangers, feeding troughs, pens, hurdles and other things used for or about that horse or carcase.

(2)    The owner of any vehicle used for the transport of a diseased horse or carcase shall cleanse and disinfect that vehicle, or cause it to be cleansed and disinfected, in the manner prescribed.

(3)    The cleansing and disinfection referred to in paragraphs (1) and (2) shall be carried out, under the supervision of an inspector, in the following manner –

(a)     the floor of the place or vehicle and all other parts thereof with which the diseased horse or carcase has come in contact shall be thoroughly saturated with an approved disinfectant;

(b)     the floor of the place or vehicle and all other parts thereof with which the diseased horse or carcase has come in contact shall be thoroughly scraped, swept and coated or washed with an approved disinfectant, and the scrapings and sweepings, and all dung, sawdust, litter and other matter shall be effectually removed therefrom and forthwith burned or destroyed;

(c)     all utensils, harness, nosebags, mangers, feeding troughs, pens, hurdles or other things as aforesaid shall, as soon as may be after use and before being used for other horses, be thoroughly swabbed and washed with an approved disinfectant.

(4)    In the case of a field, yard or other place which is not capable of being cleansed and disinfected in the manner prescribed by this Article, it shall be a sufficient compliance with the provisions of this Article if that field, yard or other place is disinfected to the satisfaction of the Veterinary Officer.

(5)    If any person, in contravention of the provisions of this Article, fails to carry out, or cause to be carried out, any measures of cleansing and disinfection prescribed by this Article, the Minister may, without prejudice to any proceedings for an offence in respect of such default, cause such cleansing and disinfection to be carried out and, in such cleansing and disinfection to be carried out and, in such case, may recover from that person, as a civil debt, the expenses of such cleansing and disinfection.

7      Prohibition on exposure or movement of diseased or suspected horses and of horses which have been exposed to infection

(1)    Save as authorized or directed under any other provision of this Order, no person shall –

(a)     expose a diseased or suspected horse, or a horse which has been exposed to the infection of disease, in a market, sale-yard, place of exhibition or other public or private place where horses are commonly exposed for sale or exhibition;

(b)     place a diseased or suspected horse, or a horse which has been exposed to the infection of disease, in any place adjacent to or connected with a market, sale-yard or other place where horses are commonly placed before or after exposure for sale or exhibition;

(c)     send, carry, ride, lead or drive, or cause to be sent, carried, ridden, led or driven a diseased or suspected horse, or any horse which has been exposed to the infection of disease, on any highway, road or lane;

(d)     place or keep a diseased or suspected horse, or any horse which has been exposed to the infection of disease, on common or unenclosed land, or in any field or place insufficiently fenced, or in a field adjoining any highway, road or lane, unless that field is so fenced or situate that horses therein cannot in any manner come in contact with any horse on that highway, road or lane; or

(e)     allow a diseased or suspected horse, or any horse which has been exposed to the infection of disease, to be or to stray on any highway, road or lane, or on the sides thereof, or to stray on any common or unenclosed land, or in any field or place insufficiently fenced.

(2)    Where a horse is exposed, sent, carried, ridden, lead, driven, kept or otherwise dealt with in contravention of this Article, the Minister may cause that horse to be seized, removed to and detained in such place of detention as the Minister may appoint.

(3)    Where a horse which has been exposed in a market, sale-yard, place of exhibition or other place, in contravention of this Article, is seized under the powers conferred by paragraph (2) and is found to be diseased, the occupier of that market, sale-yard, place of exhibition or other place shall not use or allow to be used for horses that portion thereof where the horse was found, until the occupier has been notified by or on behalf of the Minister that it has been so far as practicable, cleansed and disinfected.

(4)    The Minister may recover, as a civil debt, from the owner of a horse seized under the powers conferred by paragraph (2), the expenses incurred in putting into execution the provisions of this Article.

8      Disposal of carcases

(1)    The carcase of a horse which at the time of its death was diseased or suspected shall be disposed of, under the supervision of an inspector, in the manner following that is to say –

(a)     the carcase shall be buried in its skin in some proper place at a depth of not less than 6 feet below the surface of the earth and covered with a sufficient quantity of quicklime; or

(b)     the carcase shall be destroyed by exposure to a high temperature upon the premises where it is; or

(c)     subject to the grant by or on behalf of the Minister of a permit in writing, the carcase shall be disinfected and, after disinfection, moved to some suitable place and there destroyed by exposure to a high temperature or by chemical agents.

(2)    Where under this Article a carcase is buried, the skin shall first be so slashed as to be useless.

9      Citation

This Order may be cited as the Epizootic Lymphangitis (Jersey) Order 1958.

Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Epizootic Lymphangitis (Jersey) Order 1958



R&O.3974



1 December 1958



States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005



R&O.132/2005



9 December 2005



Table of Endnote References



[1]



This Order has been amended by the States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government



[2]



chapter 02.400



[3]



chapter 02.400.14



[4]



chapter 02.400