Diseases of Fish (Control) Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/1447 |
| Year | 1994 |
1994 No. 1447
RIVER, ENGLAND AND WALES
RIVER, SCOTLAND
SALMON AND FRESHWATER FISHERIESSEA FISHERIES
The Diseases of Fish (Control) Regulations 1994
Made 26th May 1994
Laid before Parliament 10th June 1994
Coming into force 1st July 1994
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the Economic Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), and of all other powers enabling them in that behalf, hereby make the following Regulations:
Title, extent and commencement
1. These Regulations which implement Council Directive 93/53/EEC3may be cited as the Diseases of Fish (Control) Regulations 1994, shall apply to Great Britain and shall come into force on 1st July 1994.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the Act” means the Diseases of Fish Act 19374;
“Directive 90/667/EEC” means Council Directive of 27th November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin5which has been amended as set out in Schedule 1;
“Directive 91/67/EEC” means Council Directive of 28th January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products6which has been amended as set out in Schedule 1;
“farm” includes a farm in marine waters;
“farm suspected of being infected” means a farm containing fish suspected of being infected;
“fish suspected of being infected” means fish showing clinical signs or post mortem lesions or dubious reactions in laboratory tests giving rise to reasonable suspicion of the presence of a disease which is listed in Schedule 3;
“infected farm” means a farm containing infected fish as well as a farm which has been evacuated but not yet disinfected;
“infected fish” means fish in which the presence of a disease listed in Schedule 3 has been officially confirmed as the result of laboratory examination or, in the case of Infectious Salmon Anaemia as a result of a clinical examination and a post mortem examination;
“inspector” means a person appointed by the Minister for the purposes of these Regulations;
“Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or to Wales, the Secretary of State.
(2) All other expressions have the meaning they bear in the Fish Health Regulations 19927.
(3) Any reference in these Regulations to a numbered Schedule shall be construed as a reference to the Schedule so numbered in these Regulations unless the context otherwise requires.
(4) Any reference in these Regulations to a directive is to that directive as amended.
(5) All notices served under these Regulations shall be in writing and may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
Official census
3.—(1) Where a farm is suspected of being infected, as soon as possible after a notice in respect of it has been served under section 4 or 4A of the Act or an Order in respect of it has been made under section 2 of the Act, the Minister shall conduct a census of the fish on the farm.
(2) The census shall contain the information set out in Schedule 2.
(3) After the census has been conducted it shall be the duty of the occupier of the farm to check regularly and to note—
(a)
(a) any increased population, or
(b)
(b) new mortality
of the fish on the farm and to update the census accordingly.
(4) The census shall be kept in such a place that it shall be available to the Minister or an inspector when an inspection of the farm is carried out.
(5) The census shall be retained by the occupier of the farm for a period of 4 years after the notice under section 4 or 4A has lapsed or any order under section 2 of the Act has been revoked, whichever is the later.
(6) The census shall be made available to the Minister or an inspector on request.
Control measures when disease in Part I of Schedule 3 is suspected on a farm
4.—(1) Without prejudice to the provisions of the Act or the Fish Health Regulations 1992, where a farm is suspected of being infected with a disease listed in Part I of Schedule 3, as soon as possible after a notice in respect of it has been served under section 4 or 4A of the Act or an Order in respect of it has been made under section 2 of the Act, the measures set out in Schedule 4 shall come into force.
(2) The measures referred to in paragraph (1) above shall remain in force until revoked or varied or varied by notice by the Minister.
(3) It shall be the duty of the occupier of the farm to take all reasonable steps to ensure that effect is given to the provisions of Schedule 4.
Control measures if presence of a disease in Part I of Schedule 3 is confirmed on a farm
5. If the fish on a farm are confirmed as infected fish which have a disease listed in Part I of Schedule 3, the Minister shall, by notice in writing served on the occupier of the farm, require—
(a) the immediate removal of all fish from the waters of the farm;
(b) the draining, cleaning and disinfection of all pools on inland farms;
(c) the destruction of all eggs, gametes, dead fish, and fish showing clinical signs of disease, under the supervision of the Minister and in accordance with the provisions of Directive 90/667/EEC;
(i) (d) the killing and destruction of all live fish, under the supervision of the Minister and in accordance with the provisions of Directive 90/667/EEC; or
(ii) the slaughter of all live fish, for marketing or processing for human consumption, under the supervision of the Minister, but only if the fish have reached commercial size and show no clinical signs of disease;
(e) the cleaning and disinfection or destruction of equipment, material or substances liable to be contaminated with the disease pathogen, under the supervision of the Minister; and
(f) that the repopulation of the farm shall only take place when the Minister so authorises by notice.
Control measures when a disease in Part II of Scheudle 3 is suspected in an approved zone or on an approved farm
6.—(1) Without prejudice to the provisions of the Act or the Fish Health Regulations 1992, where a farm is either—
(a)
(a) a farm in an approved zone; or
(b)
(b) an approved farm which is not in an approved zone;
and is suspected of being infected with a disease listed in Part II of Schedule 3, as soon as possible after a notice in respect of it has been served under section 4 or 4A of the Act or an Order in respect of it has been made under section 2 of the Act, the measures set out in Schedule 4 shall come into force.
(2) The measures referred to in paragraph (1) above shall remain in force until revoked or varied by notice by the Minister.
(3) Is shall be the duty of the occupier of the farm to take all reasonable steps to ensure that effect is given to the provisions of Schedule 4.
Control measures when a disease listed in Part II of Schedule 3 is confirmed in an approved zone or on an approved farm
7. If the fish on a farm which is either—
(a) a farm in an approved zone; or
(b) an approved farm which is not in an approved zone;
are confirmed to be infected fish which have a disease listed in Part II of Schedule 3, the Minister shall, by notice in writing served on the occupier of the farm, require—
(i) the immediate removal of all fish from the waters of the farm;
(ii) the draining, cleaning and disinfection of all pools on inland farms;
(iii) the destruction of all eggs, gametes, dead fish, and fish showing clinical signs of disease, under the supervision of the Minister and in accordance with the provisions of Directive 90/667/EEC;
(aa) (iv) the killing and destruction of all live fish, under the supervision of the Minister and in accordance with the provisions of Directive 90/667/EEC; or
(bb) the slaughter of all live fish, for marketing or processing for human consumption, under the supervision of the Minister, but only if the fish have reached commercial size and show no clinical signs of disease;
(v) the cleaning and disinfection or destruction of equipment, material or substances liable to be contaminated with the disease pathogen, under the supervision of the Minister; and
(vi) that the repopulation of the farm shall only take place when the Minister so authorises by notice.
Control measures to be taken when a disease listed in Part II of Schedule 3 is suspected at a non-approved farm in a non-approved zone
8.—(1) Without prejudice to the provisions of the Act or the Fish Health Regulations 1992, where a farm is—
(a)
(a) not an approved farm,
(b)
(b) not in an approved zone, and
(c)
(c) suspected of being infected with a disease listed in Part II of Schedule 3,
as soon as possible after a notice in respect of it has been served under section 4 or 4A of the Act or an Order in respect of it has been made under section 2 of the Act, the measures set out in paragraph (2) below shall come into force.
(2) No person shall remove any live fish, eggs or gametes from the farm unless the live fish, eggs or gametes
(a)
(a) are to be sent to a farm infected with the...
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