Teschen Disease (Jersey) Order 1975

Revised Edition

02.400.80

Showing the law as at 1 January 2006

This is a revised edition of the law

Teschen Disease (Jersey) Order 1975

Arrangement

Article

1            Interpretation

2            Veterinary examination

3            Powers of inspection

4            Declaration of infected place

5            Rules to be observed in relation to infected places

6            Cancellation of notice

7            Notice to be exhibited at entrances to infected place

8            Restrictions affecting swine and carcases on premises exposed to infection

9            Cleansing and disinfection

10          Power of Minister to prohibit or control movement

11          Citation

SCHEDULE 1

FORM A

NOTICE DEFINING INFECTED PLACE

SCHEDULE 2

FORM B

CANCELLATION OF NOTICE DEFINING INFECTED PLACE (FORM A)

SCHEDULE 3

FORM C

(Notice for exhibition at entrances to infected place)

SCHEDULE 4

FORM D

NOTICE IMPOSING RESTRICTIONS ON MOVEMENT OF SWINE AND CARCASES

SCHEDULE 5

FORM E

NOTICE WITHDRAWING RESTRICTIONS ON MOVEMENT OF SWINE AND CARCASES

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Teschen Disease (Jersey) Order 1975[1]

THE ECONOMIC DEVELOPMENT COMMITTEE, in pursuance of Articles 1, 3, 4, 6, 10 and 42 of the Diseases of Animals (Jersey) Law 1956,[2] orders as follows –

Commencement [see endnotes]

1      Interpretation

(1)    In this Order, unless the context otherwise requires –

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

“disease” means Teschen disease;

“disinfected” means disinfected with an approved disinfectant;

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

“premises” includes land.

(2)    For the purposes of this Order, and for the purposes of Articles 3, 4, 6, 10 and 42 of the Law in so far as they may be applicable to the making, administration and enforcement of this Order, the definition of “disease” is extended so as to include Teschen disease.

2      Veterinary examination

Where notice has been given under Article 4 of the Law that any swine or the carcase of any swine is affected with disease the Minister shall cause all the swine and the carcases of any swine on the premises on which the diseased swine or carcases are to be found to be examined by the Veterinary Officer.

3      Powers of inspection

(1)    Where there are grounds for suspecting that disease exists or has within 56 days existed on any premises, an inspector may enter on any part of the premises and examine the swine and any carcases of swine found on such premises for the purpose of ascertaining the existence or otherwise of disease.

The opinion of an inspector as to the existence or otherwise of disease shall be subject to confirmation by the Veterinary Officer.

(2)    The occupier of any such premises and any person in the occupier’s employment, the veterinary surgeon, if any, who has been attending or been consulted respecting the said swine or carcases, and any person who has been in charge of the swine or carcases or in any manner exposed to infection by contact with them or otherwise shall render such reasonable assistance to the inspector as may be required, and shall give all reasonable facilities for the taking of such samples as may be required for the purpose of diagnosis and generally for the due execution and enforcement of the provisions of this Order.

(3)    Any such occupier, veterinary surgeon or person as aforesaid shall, if so required by an inspector, give such information as he or she possesses as to the swine or carcases, as to the location and movements of any other swine in his or her possession or charge and as to any premises which he or she may have visited where swine are or were kept.

4      Declaration of infected place

(1)    Where disease exists on any premises or where there are reasonable grounds for suspecting that disease exists or has within the preceding 56 days existed on any premises, the Veterinary Officer shall forthwith inform the Minister of the fact, and 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 in the form specified in Schedule 1.

(3)    On the service of a notice under paragraph (2) and until the cancellation of such notice under Article 6 the premises specified in the notice shall be subject to the rules set out in Article 5.

5      Rules to be observed in relation to infected places

Any premises declared to be an infected place under Article 4, and every person who enters on those premises shall be subject to the following Rules, that is to say –

Rule 1 – No swine shall be moved into or out of an infected place except in accordance with a licence granted by, or on behalf of, the Minister, and subject to such conditions as may be specified therein.

Rule 2 – No swine in an infected place shall be allowed by the owner or person in charge thereof to stray from the infected place.

Rule 3 – No carcase of a swine shall be moved out of an infected place except in accordance with a licence granted by, or on behalf of, the Minister, and subject to such conditions as may be specified therein.

Rule 4 – No feeding stuffs or manure or slurry or litter of swine shall be removed out of an infected place except in accordance with a licence granted by, or on behalf of, the Minister, and subject to such conditions as may be specified therein.

Rule 5 – No vehicle, machine, equipment, pen, hurdle, sack or any other thing used for or about swine shall be removed out of an infected place except in accordance with a licence granted by, or on behalf of, the Minister, and subject to such conditions as may be specified therein.

Rule 6 – No person shall enter any part of an infected place unless authorized by, and in accordance with, a permit granted by, or on behalf of, the Minister, This prohibition does not apply to the entry of an inspector, or of the owner of the swine in the infected place or the owner’s representative, or of a person attending the swine.

Rule 7 – Every person entering any part of an infected place shall wear suitable disposable overall clothing or suitable overall clothing which is capable of being disinfected, and boots which are capable of being disinfected.

Rule 8 – The occupier of the premises shall provide a receptacle containing an approved disinfectant in some convenient place (as directed by an inspector) at every exit from an infected place. Every person immediately before leaving an infected place shall thoroughly cleanse and disinfect his or her overall, clothing and boots in a receptacle so provided and also wash his or her hands with soap and water, and if wearing disposable overall clothing shall leave it on the infected place.

Rule 9 – Notice of the death of any swine in an infected place shall be given by the owner or person in charge thereof with all practicable speed to the Minister.

6      Cancellation of notice

Where the Minister is satisfied, on information received from the Veterinary Officer, that disease does not exist or has not within the preceding 56 days existed on any premises, the Minister shall cause to be issued a notice in the form specified in Schedule 2 cancelling any notice served under Article 4(2).

7      Notice to be exhibited at entrances to infected place

On confirmation of the existence of disease on any premises the Minister may cause to be exhibited at every entrance to an infected place on such premises a notice in the form set out in Schedule 3, and while any part of such premises remains an infected place no person shall remove, deface or obliterate such notice.

8      Restrictions affecting swine and carcases on premises exposed to infection

(1)    Where as respects any premises the Minister is of the opinion that disease may be spread thereto, or is satisfied that there is, or has been thereon within the preceding 56 days, any swine which is, or within the said period has been, exposed to the risk of infection of disease, the Minister may cause to be served a notice in the form set out in Schedule 4 on the occupier of any such premises.

(2)    On the service of such a notice and until the operation of the notice terminates or until the Minister causes the notice to be withdrawn by a further notice in the form set out in Schedule 5 –

(a)     no swine or carcase of a swine shall be moved out of the said premises except in accordance with a licence granted by, or on behalf of, the Minister, and subject to such conditions as may be specified therein;

(b)     no swine in the said premises shall be allowed by the owner or person in charge thereof to stray from the said premises;

(c)     no swine shall be moved into the said premises except in accordance with a licence granted by, or on behalf of, the Minister, and subject to such conditions as may be specified therein.

9      Cleansing and disinfection

(1)    The Minister may at his or her own expense cause to be cleansed and disinfected, under the supervision of an inspector, any place which has been used for a swine or a carcase of a swine affected with or suspected of being affected with disease and anything used for or about such swine or carcase, or cause any manure or litter used for bedding or otherwise for such swine or carcase to be disinfected or buried or burned or otherwise destroyed or disposed of.

(2)    The Minister may, instead of exercising the foregoing powers, require the occupier of any such place as aforesaid, or the owner of any such thing which has been used for or about a swine or carcase of a swine affected with or suspected of being affected with disease, at the occupier or owner’s own expense, to cleanse and disinfect any such place or thing, or to disinfect or bury or burn or otherwise destroy or dispose of any such manure or litter, and the said occupier or owner shall forthwith carry out such cleansing, disinfection or destruction or disposal to the satisfaction of an inspector.

(3)    Where the occupier or owner as aforesaid fails to carry out any cleansing and disinfection required under paragraph (2), the Minister may, without prejudice to any proceedings in respect of such default, cause such cleansing and disinfection to be carried out, and, in such a case, may recover as a civil debt from the occupier, or owner, as the case may be, the expenses incurred in so doing.

10    Power of Minister to prohibit or control movement

Where the Minister has reasonable grounds for believing that the movement of any swine, or the carcase of any swine or of any thing from any place may be attended with a risk of spread of disease the Minister may, for the purpose of preventing the spread of the disease, cause to be served a notice in writing on the owner or occupier of the place, or on the owner or person in charge of the swine, carcase or thing, prohibiting or restricting, subject to such conditions as may be specified in the notice, the movement of any such swine, carcase or thing, for such period as may be specified therein.

11    Citation

This Order may be cited as the Teschen Disease (Jersey) Order 1975.

SCHEDULE 1

FORM A

Diseases of Animals (Jersey) Law 1956

Teschen Disease (Jersey) Order 1975

(Articles 4 and 5)



NOTICE DEFINING INFECTED PLACE



To …..……...............……………..….…………………………………...



Of …..…….………............………...…………………………………….



……………………………...............……………………………………..



I, the undersigned, being an inspector appointed under the Diseases of Animals (Jersey) Law 1956, give you notice as the occupier of the under-mentioned premises that in accordance with the provisions of the above-mentioned Order, the under-mentioned premises are declared to be an infected place for the purposes of the said Order, and that the premises accordingly become subject to the Rules specified in this notice which are printed on the back hereof. Any person infringing these Rules is liable to heavy penalties.



This notice remains in force until it is cancelled by a subsequent notice served by an inspector on the occupier of the infected place.



DESCRIPTION OF INFECTED PLACE AND PARISH WHERE SITUATED



PREMISES
 
 



PARISH



Dated ………....……………… 20



(Signed) ……………………................



(Address) …………………..................



……………………………..................



SCHEDULE 2

FORM B

Diseases of Animals (Jersey) Law 1956

Teschen Disease (Jersey) Order 1975

(Article 6)



CANCELLATION OF NOTICE DEFINING INFECTED PLACE (FORM A)



To .............………………………………………………………………



of …………….............………………………………………………….



……………………….............…………………………………………..

I, the undersigned, being an inspector appointed under the Diseases of Animals (Jersey) Law 1956, cancel, as from the date of this notice the notice (Form A) signed by



and served upon you on the day of  19/20 .



Dated ……...…..………… 20 ……….



(Signed……………………....................



(Address) …………………....................



……………………………....................



SCHEDULE 3

FORM C

Diseases of Animals (Jersey) Law 1956

Teschen Disease (Jersey) Order 1975

(Article 7)



(Notice for exhibition at entrances to infected place)



DISEASES OF ANIMALS (JERSEY) LAW 1956
 



TESCHEN DISEASE



INFECTED PLACE
 



AN INFECTED PLACE FOR THE PURPOSES OF THE TESCHEN DISEASE (JERSEY) ORDER 1975 HAS BEEN DECLARED ON THESE PREMISES.
 



ACCORDINGLY NO PERSON (EXCEPT THE OWNER OF THE SWINE OR THE PERSON’S REPRESENTATIVE OR THE PERSON TENDING THE SWINE OR AN INSPECTOR APPOINTED UNDER THE DISEASES OF ANIMALS (JERSEY) LAW 1956) MAY ENTER ANY PART OF THE INFECTED PLACE UNLESS AUTHORIZED IN WRITING BY OR ON BEHALF OF THE MINISTER.
 



THE LIMITS OF THE INFECTED PLACE MAY BE ASCERTAINED FROM THE OCCUPIER.
 



BY ORDER OF THE MINISTER ADMINISTERING THE DISEASES OF ANIMALS (JERSEY) LAW 1956.
 



Caution. So long as any part of these premises remains an infected place, it is an offence to remove, deface or obliterate this notice.



SCHEDULE 4

FORM D

Diseases of Animals (Jersey) Law 1956

Teschen Disease (Jersey) Order 1975

(Article 8(1))



NOTICE IMPOSING RESTRICTIONS ON MOVEMENT OF SWINE AND CARCASES



To ……………………....................………………………...……………



of …………………………………....................…………..……………..



…………………………………………………...................…..………..



I, the undersigned, being an inspector appointed under the Diseases of Animals (Jersey) Law 1956, give you notice as the occupier of the under-mentioned premises that in accordance with the provisions of the above-mentioned Order the movement of swine into or out of and of carcases of swine out of the under-mentioned premises becomes subject to the restrictions hereinafter specified.



These restrictions will continue in force until the expiration of a period of ……. days from the date of service of this notice unless the notice is withdrawn previously by a further notice (Form E) served upon the occupier by an inspector.



DESCRIPTION OF PREMISES, AND PARISH WHERE SITUATED



PREMISES
 
 



PARISH



Dated ……………………. 20.……



(Signed) .........……………………….



(Address)….........……………………



…………...........…………………….



Restrictions imposed by this notice



1. No swine or carcase of a swine shall be moved out of the said premises except with a licence granted by or on behalf of the Minister, and in accordance with such conditions as may be specified therein.



2. No swine in the said premises shall be allowed by the owner or person in charge thereof to stray from the said premises.



3. No swine shall be moved into the said premises except with a licence granted by or on behalf of the Minister, and in accordance with such conditions as may be specified therein.



SCHEDULE 5

FORM E

Diseases of Animals (Jersey) Law 1956

Teschen Disease (Jersey) Order 1975

(Article 8(2))



NOTICE WITHDRAWING RESTRICTIONS ON MOVEMENT OF SWINE AND CARCASES



To ………….................…………….…………………………………...



of ....................…………………….……………………………………..



……...…………………..................……………………………………..



I, the undersigned, being an inspector appointed under the Diseases of Animals (Jersey) Law 1956, withdraw as from the date of this notice the notice (Form D) served upon you on the ……….............................……..…… 19/20 ………................, placing restrictions on the movement of swine into or out of and of carcases out of the premises described as
…………….……………………………………………………………… ……….....…………………………………..to which that notice applied.



Dated …………….……….. 20………..



(Signed) ………………………….........



(Address) ………………………..........



…………………………………..........



Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Teschen Disease (Jersey) Order 1975



R&O.6154



1 June 1975



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



R&O.132/2005



9 December 2005



Table of Renumbered Provisions



Original



Current



FIRST SCHEDULE



SCHEDULE 1



SECOND SCHEDULE



SCHEDULE 2



THIRD SCHEDULE



SCHEDULE 3



FOURTH SCHEDULE



SCHEDULE 4



FIFTH SCHEDULE



SCHEDULE 5



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