Glanders or Farcy (Jersey) Order 1958

Revised Edition

02.400.48

Showing the law as at 1 January 2006

This is a revised edition of the law

Glanders or Farcy (Jersey) Order 1958

Arrangement

Article

1            Interpretation

2            Power to slaughter

3            Detention and isolation of diseased or suspected horses or carcases and of horses which have been exposed to infection

4            Veterinary enquiry by the Minister

5            Public warning as to disease

6            Post-mortem examination of suspected horses

7            Cleansing and disinfection

8            Prohibition on exposure or movement of diseased or suspected horses

9            Restriction on removal of dung and other things

10          Special provision as to the movement of horses for slaughter

11          Disposal of carcases

12          Citation

Supporting Documents

Endnotes

Table of Legislation History

Table of Endnote References



Glanders or Farcy (Jersey) Order 1958[1]

THE ECONOMIC DEVELOPMENT COMMITTEE, in pursuance of Articles 3, 6, 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 glanders including that form of glanders commonly known as farcy;

“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 glanders.

3      Detention and isolation of diseased or suspected horses or carcases and of horses which have been exposed to infection

(1)    Where there is on any premises a diseased or suspected horse or a horse which has been exposed to the infection of disease, the occupier of those premises shall detain that horse on those premises and keep it isolated from all other horses until –

(a)     in the case of a diseased horse, it has been slaughtered under the powers conferred by Article 8 of the Law; or

(b)     in the case of a suspected horse or a horse which has been exposed to the infection of disease, it has given a negative reaction to the mallein test.

(2)    Where there is on any premises the carcase of a diseased or suspected horse, the occupier of those premises shall detain that carcase on those premises until such time as the carcase has been disposed of under the supervision of an inspector.

4      Veterinary enquiry by the Minister

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

(2)    The Veterinary Officer may apply the mallein test to any horse subject to examination under this Article at such intervals, and as often as, the Veterinary Officer considers necessary.

(3)    The Veterinary Officer may, for the purpose of identification, mark a diseased or suspected horse or the carcase of a diseased or suspected horse.

(4)    Any person who, without lawful authority or excuse, proof whereof shall lie on the person, removes, defaces or in any way obliterates a mark of the Veterinary Officer made or affixed under paragraph (3) shall be guilty of an offence against this Order.

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 the person, removes or defaces any placards affixed under paragraph (1) shall be guilty of an offence against this Order.

6      Post-mortem examination of suspected horses

The carcase of a diseased or suspected horse which has died and the carcase of a horse which has been slaughtered in exercise of the powers conferred by Article 8 of the Law shall be examined by the Veterinary Officer who shall report to the Minister the result of such examination.

7      Cleansing and disinfection

(1)    The occupier of any premises on which there has been a diseased or suspected 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 in the manner following –

(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 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 any other horse, be thoroughly swabbed and washed with an approved disinfectant:

Provided that where an article to which this sub-paragraph relates cannot, in the opinion of the Veterinary Officer, be disinfected thoroughly, the Veterinary Officer may require the owner of that article either to destroy it forthwith or to permit the Veterinary Officer to destroy it.

(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, the 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 may recover from that person, as a civil debt, the expenses of such cleansing and disinfection.

8      Prohibition on exposure or movement of diseased or suspected horses

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

(a)     expose a diseased or suspected horse 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 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 on any highway, road or lane;

(d)     place or keep a diseased or suspected horse in a field or place insufficiently fenced, or in a field adjoining any highway, road or lane, unless that field or place 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 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, led, driven 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 seized under the powers conferred by paragraph (2) is found to be diseased, the Minister shall forthwith cause that horse to be slaughtered.

(4)    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, as far as practicable, cleansed and disinfected.

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

9      Restriction on removal of dung and other things

Except under and in accordance with a permit in writing granted by or on behalf of the Minister, no person shall send or carry, or cause to be sent or carried, on a highway, road or lane, any dung, fodder, litter or other thing that has been in contact with or used about a diseased or suspected horse or that has in any place been in contact with or used about a diseased or suspected carcase.

10    Special provision as to the movement of horses for slaughter

The Veterinary Officer may cause any horse liable to be slaughtered under this Order to be moved in a vehicle to a place suitable for the slaughter of that horse.

11    Disposal of carcases

(1)    The carcase of a horse to which Article 6 applies (other than one which, as the result of the post-mortem examination under that Article, has been found not to be diseased) shall be disposed of, under the supervision of an inspector, in the manner following –

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

(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 saturated with an approved disinfectant and, after being so disinfected, 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.

12    Citation

This Order may be cited as the Glanders or Farcy (Jersey) Order 1958.

Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Glanders or Farcy (Jersey) Order 1958



R&O.3975



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