Ordinance Concerning Monitoring And Control Of Certain Infectious Diseases In Aquatic Organisms

Original Language Title: Bekendtgørelse om overvågning og bekæmpelse af visse smitsomme sygdomme hos akvatiske organismer

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=122417

Overview (table of contents) Chapter 1 scope and definitions

Chapter 2 Categorization

Chapter 3 Suspicion, public supervision, observation and control

Chapter 4 risk-based monitoring

Chapter 5 Vaccination

Chapter 6 Expenditure and compensation

Chapter 7 penal provisions and commencement provisions

Annex 1 The full text of the Decree on monitoring and control of certain infectious diseases of aquatic organisms 1)

Pursuant to §§ 4-5, § 25, § 27, paragraph 2, article 29, article 30, paragraphs 1 and 4, §§ 33-35, § 37, article 44, paragraph 1, article 45, paragraph 2, article 47, § 53, § 67 and section 70 (3) of law No. 432 of 9. June 2004 on the keeping of animals, as amended by Act No. 105 of 20. February 2006 shall be fixed:

Chapter 1

Scope and definitions

The scope of the

§ 1. This notice relates to the monitoring and control of the following exotic, non-exotic and emerging diseases in aquatic organisms:





1) Exotic diseases as listed in Appendix 1 of the Executive order on lists of infectious diseases to the law on the keeping of animals,

2) non-exotic diseases as listed in Appendix 1 or 2 of the ordonnance on lists of infectious diseases to the law on the keeping of animals, and

3) emerging diseases:





(a)) A serious illness, which has been identified recently, regardless of whether the reason for it is established or not, and which can spread within and between populations, URf.eks. trade in aquatic organisms and/or products from aquatic organisms, and

(b)) a listed disease, which already are identified with a new host species not yet listed as a susceptible species as mentioned on list 1 or 2 of the ordonnance on lists of infectious diseases to the law on the keeping of animals.









§ 2. This Ordinance shall not apply to:





1) ornamental Aquatic organisms reared in non-commercial aquaria,

2) wild aquatic organisms harvested or caught for direct to enter the food chain, or

3) aquatic organisms caught for the manufacture of fishmeal, fish feed, fish oil and similar products.





(2). § 4 and § § 18-19 shall not apply to ornamental aquatic organisms, kept with pet stores, garden centres, garden ponds or wholesalers, and where there is no direct connection between wild ornamental aquatic organisms and natural waters.

Definitions

§ 3. In this notice, the term:





1) ' aquaculture ' means the rearing or cultivation of aquatic team organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment, and where the organisms remain the one or more natural or legal persons property in all the rearing or culture stages, until they are harvested.

2) ' farm ' means any place, physically defined area or facility which is operated by an aquaculture production business, and where there are farmed aquatic organisms for placing on the market, with the exception of spots, areas or facilities where wild aquatic organisms harvested or caught for the purpose of human consumption are temporarily kept feed empty, waiting to be slaughtered.

3) ' Breeding ' means the farming of aquatic organisms on a farm or in a mollusc farming area.

4) ' aquaculture establishment ' means any public or private undertaking, whether for profit or not carrying out any activity in connection with farming, husbandry, or cultivation of aquatic organisms.

5) ' Aquatic organisms ' means any stage of development of the following aquatic animals reared on a farm or in a farming area, including aquatic organisms there has been wild and intended to be used on a farm or farming area:





a) Fish belonging to the upper class and the classes Agnatha Chondrichtyes and Osteichtyes;,

b) molluscs belonging to the Group Mollusca, and

c) Crustaceans belonging under the Group Crustacea.





6)» Aquatic prydorgansimer ' means Aquatic organisms that are only kept, reared, or placed on the market for ornamental purposes.

7)» feral aquatic organisms ' means Aquatic organisms that live in the wild fauna.

8) ' Vector ': a species that is not susceptible to a disease, but can spread the infection by disease-causing organisms from one host to another.

9) ' Frivand ': territorial waters, streams, ditches, canals, lakes, marl digging, ponds, peat bogs and artificially landscaped ponds, fishing lakes and similar.

10) ' relaying area ' means freshwater, sea, estuarine or lagoon area with boundaries clearly marked and indicated by buoys, posts or any other fixed means, and used exclusively for the natural purification of live molluscs.

11) ' Upstream ' means a location situated above a farm or a frivands area, where water derived from the site, included in the aquaculture sector or frivands the area's water supply.

12)» Fishing Lakes (put and take fisheries) ': Ponds or plant in which aquatic organisms are exposed for the purpose of recreational fishing.

13)» Infection free water ' means water directly from drilling or wealth, as well as water from the treatment is done infection free.

14) ' Movement ' means the movement between frivands areas, between farms and between farms and frivand.

15) ' marketing ' means holding or exhibitions with a view to sale, marketing, delivery, transfer, release in frivand or any other form of placing on the market within The European Union, with the exception of retail sale.

16)» Category «: Division of aquaculture development areas and segments in groups (category I to V) depending on the health status of the area concerned.

17) ' aquaculture zone ': A clearly defined geographical area with a homogeneous hydrological system comprising part of a catchment area from the sources of the waterways to a natural or artificial sources hurdle that stops aquatic animal hiking upstream from the lower lying parts of the catchment area, an entire catchment area from the sources of the waterways to the estuary into the sea, sources or more than one catchment area, Inc. their estuary into the sea, since water catchment areas have been epidemiologically linked through the udmundings area.

18) ' aquaculture segment ': one or more farms belonging to the same biosecurity system; and with a population of aquatic organisms with a distinct health status with respect to a given disease.

19)» shut off zone ': A shut-off area around an infected farm where disease control measures are applied in order to prevent the spread of disease.

20) ' control plan ' means a Plan drawn up with a view to combating disease in aquatic organisms in a defined area.

21) ' responsible ' means the person or persons who own one or more farms or has the task to fit it or them, whether or not for remuneration.

22) ' By-product regulation ': European Parliament and Council Regulation (EC) No 1782/2003. 1774/2002 of 3. October 2002 laying down health rules concerning animal by-products not intended for human consumption.





Chapter 2

Categorization

§ 4. Danish water bodies and fish farms are categorized according to health status in the categories I to V in accordance with the guidelines in annex 1, part I, of Council Directive 2006/88/EC.

(2). Farms are assigned the same health status as the aquaculture zone or-segment sector is located in.

(3). The categorisation is made of the non-exotic diseases listed in Appendix 1 or 2 to the Ordinance concerning lists of infectious diseases to the law on the keeping of animals.

(4). Overview of Denmark's categorisation will be published on the homepage of the Danish Food Administration (URwww.fvst.dk).

Chapter 3

Suspicion, public supervision, observation and control

Disease notification by suspicion

§ 5. The who, in his or her possession has aquatic organisms, which is or may be infected with one or more of the diseases referred to in § 1, shall summon a veterinarian, see. section 27 (1) of the law on the keeping of animals.

(2). The person responsible for aquatic organisms of susceptible species in lakes, ponds or other installations intended for fishing lakes, or keeping cold-water species of ornamental fish, which is or may be infected with one or more of the diseases referred to in § 1, shall summon a veterinarian, see. section 27 (1) of the law on the keeping of animals.

(3). The person responsible for an establishment, which process fish for human consumption, there is a suspicion of the presence of one or more of the diseases listed in paragraph 1, transmit the notification to the Food Agency with information on the origin of the fish. Notification must not be carried out if the fish come from a farm or an area that is officially known to be infected with the disease in question.

(4). Conveyors, the staff of the laboratories and other professionals such as for commercial purposes comes into contact with aquatic organisms shall immediately transmit the notification to the food the region by suspicion of the presence of one or more of the diseases referred to in § 1.
(5). Review and notification to the Food Agency in accordance with paragraphs 1 to 4 shall be made to Food region South, section for Aquaculture by Control Department Vejle.

Public oversight

§ 6. There is a suspicion of a disease referred to in § 1, instructs food region farm a public oversight. Public oversight means that the owner/user of the farm must meet the following requirements:





1) to be carried out an inventory of stocks of all species within each production type of aquatic organisms. For each species and category must be registered, how many aquatic organisms already dead, infected or suspected of being infected. The person responsible must regularly revise the statement so that it is clear whether there is a change or new population mortality during the period of suspicion.

2) live aquatic organisms, eggs or sperm may not be transferred to or from the farm without permission from food region.

3) Dead aquatic organisms or animal waste may only be disposed of in accordance with the food the region's instructions, see. by-product regulation.

4) animal feed, utensils, objects or other materials, such as URf.eks. waste, liable to transmit the disease, may only be transferred to or from the farm with permission from food region. If permission is given, sets food region the measures necessary in order to avoid the spread of infection.

5) Traffic to and from the farm of people, vehicles or means of transport, etc. should be carried out only after permission from food region.

6) vehicles or means of transport subject to authorization from the food the region leaving the farm, see. Nr. 5, must comply with the measures laid down for the region to avoid food spread, before leaving the farm.

7) the person in charge of the farm must let food region carry out an epidemiological study, see. § 7, as well as taking samples for laboratory tests at the Veterinary Institute or a food laboratory approved for this region.





(2). The information referred to in paragraph 1, no. 1 must be kept for at least five years, and shall on request be presented food region.

(3). Measures provided for under paragraph 1 not be withdrawn until the suspicion of disease is ruled out.

(4). Paragraph 1 shall not apply to the non-exotic diseases not covered by a control plan.

§ 7. An epidemiological study conducted in pursuance of this Ordinance include specifying:





1) the time during which it is likely that the disease has been present on the farm before being notified or suspected disease.

2) Information on the possible source of the disease on the farm and the identification of other farms, where there are aquatic organisms, eggs or sperm of susceptible species which may have become infected.

3) information on aquatic organisms, eggs, sperm, vehicles, material or persons who may have transferred infectious substances to or from the affected farms.

4) information on any instances of disease carriers and their distribution.





(2). It is apparent from the epidemiological investigation, the disease can be imported from another zone or aquaculture-segment, another coastal area, transferred to another aquaculture zone or-segment or another coastal area as a result of contact with aquatic organisms, eggs, sperm, animals, vehicles, persons or in any other manner, must these aquaculture farms in the zone or compartment and coastal areas are regarded as fish farms under suspicion and the measures referred to in article 6 shall apply. If the disease is confirmed, the measures referred to in section 12 shall apply.

§ 8. Food region can impose on farms in water area surrounding the suspect farms a public supervision, see. § 6.

(2). The spread of the water area referred to in paragraph 1 shall be determined by geographical, hydrological, ecological and epizootiological factors.

(3). Food region may order that farm referred to in paragraph 1, shall be subjected to testing for the disease. Studies must be carried out after food the region's instructions.

§ 9. Public supervision imposed under section 6 is repealed by food region, where suspicion is ruled out.

Observation of infection

§ 10. Fish in farms or frivands areas shall be considered as infected with one of the diseases listed in paragraph 1, when the veterinary and Food Administration on the basis of clinical signs and laboratory tests carried out in the veterinary department or any other laboratory approved for that purpose by the Food Agency concludes that the fish is infected with one of the diseases listed in paragraph 1.

§ 11. After the detection of infection with a non-exotic disease, the health status of the water body are categorized as category V (infected) for specific disease.

Fight

§ 12. When a farm is found infected, see. § 10, instructs food region farm a public oversight. Public oversight can, in addition to the measures mentioned in section 6, the following measures and restrictions:





1) All aquatic organisms must be removed in accordance with a plan approved by food region.

2) All rearing facilities on the farm must be emptied of water, cleaned and disinfected after Food the region's instructions.

3) All living aquatic organisms to be killed and destroyed under the region's food supervision in accordance with by-product regulation, see. However, paragraph 2 and paragraph 3.

4) Equipment and materials, which can be contaminated after removal of aquatic organisms, eggs and sperm must be cleaned and disinfected as soon as possible in accordance with the instructions of the region's food, so that any risk of the infectious agent spreads or survives, is removed.

5) sampling for laboratory testing on the Veterinary Institute or one of the DVFA thereto approved laboratory.





(2). Food region may authorize the killing for marketing or processing for human consumption, in the case of aquatic organisms such as:





1) have reached commercial size and

2) show no clinical signs of disease.





(3). Upon detection of non-exotic diseases can food region allow clinically healthy aquatic organisms when commercial size before they are slaughtered for human consumption.

(4) Food region make also an epidemiological study, see. § 7, as well as taking samples for laboratory tests at the Veterinary Institute or a food laboratory approved for this region.

§ 13. Reinstatement of the repopulation of the farm shall be made only after written permission from food region, is given by:





1) verification of satisfactory performed cleaning and disinfection, and

2) after a period of time, as food the region establishes as an assurance that the infectious agent and other possible infections in the catchment area has been eliminated.





§ 14. Food agency may order the person in charge of aquatic organisms in lakes, ponds or other installations intended for sport fishing, or keeping ornamental fish disease suspected or attacked with a disease referred to in paragraph 1, measures as referred to in §§ 12-13 in order to prevent the disease spreading.

§ 15. Under the control of a non-exotic disease health status in the water sector are categorized as category IV (control program) to the disease in question.

(2). Notwithstanding paragraph 1, fish farm, at the time of the implementation of the control program is categorized into class I or II, retain this status.

The containment zone set up in the context of the fight against exotic diseases

§ 16. When a farm is found infected with an exotic disease and food administration creates a containment zone around the infected farms.

(2). Farms within the containment area is imposed on a public oversight, see. § 6 and § 12.

(3). Within the containment area must be the release of aquatic organisms to the frivand, the movement of aquatic organisms within or from the containment area, as well as the movement of aquatic organisms into the containment area occur only after permission from food region.

§ 17. The containment area can be lifted at the earliest, when conducted laboratory examination with negative results for the disease in question, on samples taken within the zone.

Chapter 4

Risk-based monitoring

§ 18. The Veterinary Institute and the Food Agency shall draw up guidelines for a risk-based animal health surveillance for infectious diseases in aquatic organisms.

(2). Guidelines for the risk-based animal health surveillance shall be published on the homepage of the Danish Food Administration (URwww.fvst.dk).

(3). The frequency of animal health surveillance shall be laid down in accordance with the above-mentioned guidelines, see. (1).

§ 19. Food region shall ensure that a risk-based animal health surveillance of all farms.

(2). Food the region performs health inspections and control of infection prevention measures (inspections) on farms, including autopsies are carried out and taking samples for laboratory examinations.
(3). After permission from food health inspections carried out by the region to farm affiliated veterinarian.

Chapter 5

Vaccination

§ 20. It is not allowed to vaccination against the diseases referred to in § 1.

(2). Food Agency can, under defined conditions, authorise the vaccination against the exotic diseases, see. list 1 of the Executive order on lists of infectious diseases to the law on the keeping of animals.

(3). Permission for vaccination, see. paragraph 1 requires approval from the EU Commission.

(4). Food Agency can, under defined conditions, authorise the vaccination against the non-exotic diseases, see. list 2 of the ordonnance on lists of infectious diseases to the law on the keeping of animals.

Chapter 6

Expenses and compensation

§ 21. Expenses for the execution of the measures taken pursuant to this notice or compensation will be held according to the rules laid down in:





1) Decree on subsidies for Aqua-environmental measures and animal health measures

2) Ordinance on costs and compensation in the event of reduction and prevention of animal diseases, and

3) Ordinance for payment of checks of food and live animals, etc.





(2). Other than those referred to in paragraph 1, the food agency.

Chapter 7

Penal provisions and commencement provisions

§ 22. With fine punished anyone who:





1) violates sections 5-6, § 8, paragraph 3, sections 13-14 and section 16 (3) of the said provisions, or

2) overrides the conditions pursuant to section 20, paragraphs 2 and 4.





(2). The penalty can rise to imprisonment for up to two years, if it knows the action or failure occurred violations are committed intentionally or by gross negligence and that the infringement is:





1) Caused damage to human or animal health or caused danger therefor, or

2) achieved or intentional obtained a financial benefit for the person himself or others, including savings.





(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

§ 23. The notice shall enter into force on 17 December. December 2008.

(2). At the same time repealed Executive Order No. 371 of 22. May 2008 on the monitoring and control of certain infectious diseases in aquaculture animals.
Ministry of food, agriculture and fisheries, the 12. December 2008 p. s. V Jan Mousing/Tenna Olsen Annex 1

Part 1

Division of health status of aquaculture development areas and segments in the categories I-V

Division of health status happens to each of the non-exotic diseases.









Category





Health status





Comments







In





Disease-free





A zone or compartment may be declared disease-free, if:

There are no species susceptible to the disease in question within the zone or compartment,

the causative organism cannot survive in the zone or compartment, or

the disease has not been detected in the zone or compartment in the prior 10 years II





Monitoring programme





Water areas not known to be infected but not declared free of one or more of the non-exotic diseases, must participate in a monitoring programme with satisfactory result for achieving disease-free status







(III)





Undefined





Water areas where status is unknown (IV)





Eradication programme





Bodies of water that are known to be infected with one or more of the non-exotic diseases, must participate in an eradication programme for achieving disease-free status.







(V)





Infected





Water areas with active infection with a non-exotic disease.







Official notes 1) Notice implements parts of Council Directive (EC) No 1782/2003. 88 of 24. October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (2006, Official Journal of the European Union L 328, p. 14-56).