Swine Fever (Jersey) Order 1958

Revised Edition

02.400.76

Showing the law as at 1 January 2006

This is a revised edition of the law

Swine Fever (Jersey) Order 1958

Arrangement

Article

1            Interpretation

2            Power to slaughter

3            Veterinary enquiry by the Minister

4            Declaration of an infected place

5            Rules applicable to an infected place

6            Provision for imposing movement restrictions on any premises on which are swine which are or have been exposed to infection

7            Disposal of carcases

8            Cleansing and disinfection

9            Cleansing and disinfection by castrators of swine

10          Prohibition on exposure or movement of diseased or suspected swine and swine which have been exposed to infection

11          Procedure with regard to contraventions of Article 10

12          Keeping of registers

13          Citation

Supporting Documents

Endnotes

Table of Legislation History

Table of Endnote References



Swine Fever (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 by the Diseases of Animals (Approved Disinfectants) (Jersey) Order 1958;[3]

“castrator” means a person who castrates for reward;

“disease” means swine fever;

“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 swine fever.

3      Veterinary enquiry by the Minister

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

4      Declaration of an infected place

(1)    Where as a result of an examination under Article 3 it is confirmed that there are, or within 28 days have been, diseased swine on any premises, the Minister may declare those premises to be an infected place:

Provided that no such declaration may be made in respect of the premises of the States’ Slaughterhouse.

(2)    The Minister, as soon as may be after declaring any premises to be an infected place, shall cause to be served on the occupier of those premises a notice of such declaration.

(3)    The Minister may at any time vary a declaration under paragraph (1) and, in such a case, shall cause to be served on the occupier of the infected place a notice specifying the variation so made.

(4)    Where under this Article any premises have been declared to be an infected place, those premises shall forthwith upon such declaration become subject to the rules set out in Article 5 and it shall be the duty of the occupier of the infected place to comply with those rules.

(5)    The Minister may cause notices to be affixed or exhibited on or about an infected place for ensuring notification that the premises have been declared to be an infected place.

(6)    The Minister, as soon as satisfied that any premises declared to be an infected place no longer constitute a danger of spreading the infection of disease, shall declare those premises no longer to be an infected place.

(7)    The Minister, as soon as may be after declaring any premises no longer to be an infected place, shall cause to be served on the occupier of the premises a notice of such declaration.

5      Rules applicable to an infected place

Any premises declared to be an infected place under Article 4 shall, so long as those premises remain so declared, be subject to the following rules –

(a)     except under and in accordance with a permit in writing granted by or on behalf of the Minister, no swine shall be moved into or out of the infected place;

(b)     the occupier of the infected place shall not allow any swine to stray from or out of that place;

(c)     except under and in accordance with a permit in writing granted by or on behalf of the Minister, the carcase of any swine which had died or been slaughtered in the infected place shall not be removed from that place;

(d)     where any swine in the infected place dies, the occupier of that place shall forthwith give notice of such death to the Minister;

(e)     except under and in accordance with a permit in writing granted by or on behalf of the Minister, no foodstuffs (including waste foods within the meaning of the Diseases of Animals (Waste Foods) (Jersey) Order 1958),[5] litter, dung, utensils, pens, hurdles, vehicles, sacks or other things shall be removed from the infected place;

(f)     except under and in accordance with a permit in writing granted by or on behalf of the Minister, no person shall enter any part of the infected place:

Provided that this rule shall not apply to the Veterinary Officer, the owner or the representative of the owner of any swine in the infected place, the person tending the swine in that place or a veterinary surgeon employed by the occupier of that place or by the owner of the swine;

(g)     every person immediately before leaving the infected place shall thoroughly cleanse and disinfect his or her footwear and shall also wash his or her hands with soap and water;

(h)     no person tending swine in the infected place shall tend swine on any other premises.

6      Provision for imposing movement restrictions on any premises on which are swine which are or have been exposed to infection

(1)    Where the Minister has reason to believe that there is, or within the preceding 28 days have been, on any premises any swine which are or have been exposed to the risk of infection of disease, the Minister may cause to be served on the occupier of those premises a notice –

(a)     prohibiting the movement of any swine into or out of those premises;

(b)     requiring that any swine specified in the notice shall be isolated from all other swine on those premises in such field, shed, stable, sty or other place forming part of those premises as may be specified in the notice;

(c)     requiring that the Minister be notified immediately of the illness or death of any swine on those premises,

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

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

7      Disposal of carcases

(1)    The carcase of any diseased or suspected swine, other than the carcase of any swine slaughtered under the Law or required by the Veterinary Officer for the purposes of diagnosis, shall be disposed of by the owner of the swine in one of the following ways –

(a)     by causing it to be buried under the supervision of an inspector in some proper place on the premises where the swine died or was slaughtered, by covering it with a sufficient quantity of quicklime or other approved disinfectant and with not less than 6 feet of earth;

(b)     by causing it to be destroyed under the supervision of an inspector by burning it upon the premises where the swine died or was slaughtered;

(c)     by causing it to be removed in charge of an inspector from the premises where the swine died or was slaughtered to some other place, and there buried in the manner provided in sub-paragraph (a), or destroyed by exposure to a high temperature or by chemical agents under the supervision of the inspector.

(2)    Except as provided by this Article, such a carcase shall not be removed from the premises upon which the swine died or was slaughtered.

8      Cleansing and disinfection

(1)    The occupier of an infected place, if required so to do by or on behalf of the Minister, shall in such manner and within such time as may be specified in the requirement –

(a)     cleanse and disinfect any building, shed, outhouse, yard, sty or other place which has been used for diseased or suspected swine;

(b)     cleanse and disinfect any utensil, pen, hurdle, vehicle, crate, box, hamper, sack, rope, net or other thing used for or about diseased or suspected swine;

(c)     cleanse and disinfect or sterilize any foodstuffs used for diseased or suspected swine; and

(d)     burn or otherwise destroy any dung or litter which has been in contact with diseased or suspected swine.

(2)    The occupier of any building, shed, outhouse, yard, sty or other place used for the temporary keeping or detention of swine or subsequent to their being exposed for sale or exhibition in or at a market, sale-yard, place of exhibition or other place where swine are exposed for sale or exhibition shall, if so required by or on behalf of the Minister, cleanse and disinfect, in such manner and within such time as may be specified in the requirement, such building, shed, outhouse, yard, sty or other place, and any utensil, pen, hurdle, vehicle, crate, box, hamper, sack, rope, net or other thing used for or about such swine in any such building, shed, outhouse, yard, sty or other place as aforesaid.

(3)    Except as may otherwise be provided in any requirement made under this Article, a place or thing required to be cleansed and disinfected shall be cleansed and disinfected in the manner following, that is to say –

(a)     the place or thing shall, if the nature thereof so permits, be scraped and swept, and the scrapings and sweepings and all dung, sawdust, litter and other matter shall be effectually removed therefrom;

(b)     the place or thing shall be thoroughly washed or scrubbed or scoured with water and then thoroughly disinfected; and

(c)     the scrapings or sweepings, and the dung, sawdust, litter and other matter removed shall forthwith be burnt or otherwise destroyed or, if destruction is not practicable, be well mixed with quicklime and effectually removed from contact with swine.

(4)    Where the occupier of any premises fails to comply with any requirement made under this Article within the time specified in the requirement, the Minister may, without prejudice to any proceedings for an offence in respect of such default, cause to be carried out the cleansing and disinfection so required and, in such a case, may recover from the occupier, as a civil debt, the expenses of such cleansing and disinfection.

9      Cleansing and disinfection by castrators of swine

(1)    Any instrument used by a castrator for the purposes of castrating swine shall forthwith after being used for that purpose and before again being so used on any other premises be thoroughly washed with soap and water and shall then be disinfected or sterilized.

(2)    Every castrator immediately before leaving any premises upon which the castrator has castrated any swine shall thoroughly wash his or her hands with soap and water and disinfect his or her footwear.

10    Prohibition on exposure or movement of diseased or suspected swine and swine which have been exposed to infection

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

(a)     expose any diseased or suspected swine, or any swine which have been exposed to the infection of disease, in any market, sale-yard or place of exhibition where swine are commonly exposed for sale or exhibition;

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

(c)     send, carry, lead or drive, or cause to be sent, carried, led or driven, any diseased or suspected swine, or the carcase of any such swine, or any swine which have been exposed to the infection of disease, on any highway, road or lane;

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

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

11    Procedure with regard to contraventions of Article 10

(1)    Where, in contravention of Article 10, any swine, or the carcase of any swine, is exposed, sent, carried, led, driven, kept or otherwise dealt with in or on any market, sale-yard, place of exhibition, highway, road, lane, common, unenclosed land, field or other place as aforesaid, the Minister may cause to be seized such swine or carcase and also all swine in or on the market, sale-yard, place of exhibition, common, unenclosed land, field or other place which in the opinion of the Minister have been exposed to infection by contact with the diseased or suspected swine or carcase, and shall cause all swine so seized to be moved to some convenient premises for such detention and isolation as the Minister may determine.

(2)    Any swine seized under this Article may be slaughtered at the request of the owner and, unless the swine is diseased or suspected, may be moved to the States’ Slaughterhouse and there slaughtered.

(3)    A carcase seized under the powers conferred by paragraph (1), or the carcase of any swine slaughtered under the powers conferred by paragraph (2), shall be disposed of in such manner as the Minister may direct.

(4)    The occupier of the market, sale-yard, place of exhibition, common, unenclosed land, field or other place as aforesaid shall not use that place, or allow it to be used, for swine, until that portion where the diseased or suspected swine was found has been, as far as practicable, cleansed and disinfected in the manner prescribed by Article 8(3).

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

12    Keeping of registers

(1)    Every owner of a boar for the service of sows other than the owner’s own shall keep a register in which shall be entered the following particulars as regards each service –

(a)     the date of each service;

(b)     the description of the sow served; and

(c)     the name and address of the owner of the sow.

(2)    Every entry in a register required by this Article to be kept shall be made in ink or indelible pencil within 24 hours of the service.

(3)    Every entry in a register required by this Article to be kept by any person shall be retained by the person for a period of 12 months from the date of the last entry therein and the register shall be produced by the person for inspection by the Veterinary Officer or an officer in an administration of the States for which the Minister is assigned responsibility, and any such officer shall be entitled to make copies of any entry therein.

13    Citation

This Order may be cited as the Swine Fever (Jersey) Order 1958.

Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Swine Fever (Jersey) Order 1958



R&O.3961



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



[5]



chapter 02.400.28