The Aquatic Animal Health (Scotland) Regulations 2009
| Year | 2009 |
2009 No. 85
RIVER
FISH FARMING
The Aquatic Animal Health (Scotland) Regulations 2009
Made 5th March 2009
Laid before the Scottish Parliament 5th March 2009
Coming into force in accordance with regulation 1
The Scottish Ministers make these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A1of Schedule 2 to, the European Communities Act 19722.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for any references to the following Community instruments to be construed as a reference to those instruments as amended from time to time:
(a) Commission Decision 2004/453/EC3on implementing Council Directive 91/67/EECas regards measures against certain diseases in aquaculture animals;
(b) Council Directive 2006/88/EC4on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals; and
(c) Commission Regulation (EC) No. 1251/20085on implementing Directive 2006/88/ECas regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species.
PART 1
GENERAL
Citation, commencement and extent
1.—(1) These Regulations, which implement Directive 2006/88/EC, may be cited as the Aquatic Animal Health (Scotland) Regulations 2009.
(2) These Regulations come into force–
(a)
(a) for the purposes of regulation 5(1), on 1st May 2009;
(b)
(b) for the purposes of regulation 12(1), on 1st August 2009; and
(c)
(c) for all other purposes, on 27th March 2009.
(3) These Regulations extend to Scotland only.
Application
2. These Regulations do not apply to–
(a) any ornamental aquatic animal reared in a non-commercial aquarium;
(b) any wild aquatic animal harvested or caught for direct entry into the food chain other than one which is to be treated as an aquaculture animal under regulation 18(3);
(c) any aquatic animal caught for the purpose of production of fishmeal, fish feed, fish oil or any similar product.
Interpretation
3.—(1) In these Regulations–
“the competent authority” means the Scottish Ministers;
“Decision 2004/453/EC” means Commission Decision 2004/453/EC6on implementing Council Directive 91/67/EECas regards measures against certain diseases in aquaculture animals, as amended from time to time;
“Decision 946/2008/EC” means Commission Decision 2008/946/EC7on implementing Council Directive 2006/88/ECas regards requirements for quarantine of aquaculture animals;
“Directive 2006/88/EC” means Council Directive 2006/88/EC8on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals, as amended from time to time;
“inspector” means any person authorised by the competent authority to be an inspector for the purposes of these Regulations;
“listed disease” means–
(a) a disease listed in the second column of Part II of Annex IV of Directive 2006/88/EC; or
(b) a disease listed in the first column of Schedule 1 to these Regulations;
“non-commercial installation” means any aquaculture production business in which aquatic animals are kept with no intention of placing them on the market;
“operator”, in relation to an aquaculture production business, a specialist transport business, a processing establishment, a non-commercial installation or a put and take fishery, means any person who is responsible for the management of that business, establishment, installation or fishery;
“processing establishment” means any food business which is approved for processing aquaculture animals for food purposes in accordance with Article 4 of Regulation (EC) No. 853/20049laying down specific hygiene rules for food of animal origin, and which processes aquaculture animals under Part 4 of these Regulations or any provision in any Regulations made in relation to England, Wales or Northern Ireland which has equivalent effect to that Part;
“Regulation (EC) No. 1251/2008” means Commission Regulation (EC) No. 1251/200810on implementing Directive 2006/88/ECas regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species, as amended from time to time;
“Scotland” includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland; and
“specialist transport business” means a business or undertaking which wholly or mainly transports live aquaculture animals in means of transport specially designed or adapted for that purpose.
(2) Any expression used in these Regulations which is also used in Directive 2006/88/EC(except for the definitions of “operator” and “processing establishment” in paragraph (1) and “wild aquatic animal” in regulation 18(5)) has the meaning it bears in that Directive.
(3) Schedule 1 (list of diseases) has effect.
PART 2
AUTHORISATION AND REGISTRATION REQUIREMENTS
Application of Part 2
4. This Part does not apply where any ornamental aquatic animal is kept in any pet shop, garden centre, garden pond, commercial aquarium, or with any wholesaler–
(a) without any direct contact with natural waters; or
(b) which is equipped with an effluent treatment system which, in the opinion of the competent authority, reduces the risk of transmitting diseases to natural waters to an acceptable level.
Authorisation
5.—(1) Subject to regulation 14, it is an offence to operate an aquaculture production business or a processing establishment unless the business or establishment is authorised by the competent authority.
(2) The competent authority may grant an authorisation in relation to two or more aquaculture production businesses which are situated in one mollusc farming area, provided the businesses relate exclusively to molluscs.
(3) But a dispatch centre, purification centre or similar business in a mollusc farming area must be separately authorised.
(4) The requirement for a non-commercial installation or a put and take fishery to be authorised under paragraph (1) only applies where the competent authority–
(a)
(a) considers that authorisation is necessary to prevent or limit the spread of disease; and
(b)
(b) serves the operator with a written notice to that effect.
(5) Where the operator is served with a notice under paragraph (4)(b), the operator must apply for authorisation under regulation 8(1) within 28 days of the service.
(6) Where the operator so applies, the operator is to be treated as having, as from the date of the application, an interim authorisation to carry on the activity to which the application relates until the interim authorisation lapses on the earliest of the dates mentioned in regulation 14(3).
Authorisation conditions for aquaculture production businesses
6.—(1) The competent authority may grant an authorisation to an aquaculture production business, subject to such conditions as it considers appropriate, where it is satisfied that the operation of the business will not lead to an unacceptable risk of spreading disease.
(2) It is a condition of an authorisation that the business must–
(a)
(a) keep a record, in such form and manner as the competent authority may specify, of–
(i) the movement of any aquaculture animal or any aquaculture animal product into or out of the area in respect of which the business operates;
(ii) the number of any aquaculture animals that have died in each epidemiological unit within that area;
(iii) the results of any surveillance carried out by the business; and
(iv) the results of any surveillance carried out by the competent authority which have been notified to the business;
(b)
(b) follow good biosecurity practice;
(c)
(c) comply with any surveillance requirement imposed by the competent authority; and
(d)
(d) have a system in place which enables the operator to demonstrate to the competent authority that the requirements of subparagraphs (a) to (c) are being met.
Authorisation conditions for processing establishments
7.—(1) The competent authority may grant an authorisation to a processing establishment, subject to such conditions as it considers appropriate, where it is satisfied that the operation of the establishment will not lead to an unacceptable risk of spreading of disease.
(2) It is a condition of an authorisation that the operator must–
(a)
(a) keep a record, in such form and manner as the competent authority may specify, of the movement of any aquaculture animal or any aquaculture animal product into or out of the premises of the establishment;
(b)
(b) follow good biosecurity practice; and
(c)
(c) have a system in place which will enable the operator to demonstrate to the competent authority that the requirements of subparagraphs (a) and (b) are being met.
Application for an authorisation
8.—(1) An application for an authorisation must be in such form and contain such information as the competent authority may reasonably require.
(2) The competent authority must serve an applicant with a written notice of the result of the application within 90 days of receiving it.
(3) Where the competent authority grants the authorisation, it must notify–
(a)
(a) the duration of the authorisation;
(b)
(b) any condition to which it is subject; and
(c)
(c) an authorisation number.
(4) Where the competent authority refuses to grant an authorisation, or grants an authorisation subject to any condition, it must–
(a)
(a) give reasons for the refusal or the...
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