ANIMALS Title and commencement 1 1 This Order may be cited as the Poultry Laying Flocks (Testing and Registration etc.) Order 1989 and, except for articles 9 and 10, shall come into force on 26th October 1989. 2 Articles 9 and 10 of this Order shall come into force on 2nd April 1990. Interpretation 2 1 In this Order, unless the context otherwise requires, – “ the Act ” means the Animal Health Act 1981; “appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State; “authorised laboratory” means a laboratory authorised by the Minister in writing for the purposes of this Order; “chicks” means poultry less than 72 hours old which have not been fed; “chick box liner” means any material used to line a box or other container in which chicks are transported from a hatchery to any rearing premises; “hatchery” means any premises on which the eggs of poultry are incubated or hatched and from which chicks are sold or supplied; “inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority and, when used in relation to an officer of the Minister, includes a veterinary inspector; “laboratory” means any laboratory which has the necessary facilities and personnel for carrying out tests on samples mentioned in Part I of Schedule 2 in accordance with the provisions of Part II of that Schedule; “laying flock” means, except for the purposes of article 9, any flock of poultry consisting of – not less than 25 birds which are kept for the production of eggs for human consumption (including birds which are being reared for that purpose); or less than 25 birds any of the eggs of which are sold for human consumption; and, for the purposes of article 9, “laying flock” means a flock of poultry consisting of not less than 100 birds which are kept for the production of eggs for human consumption (excluding birds which are being reared for that purpose); “the Laying Flocks Register” means the Register kept by the appropriate Minister under article 9(2); “the Minister” and “the Ministry” means respectively the Minister and the Ministry of Agriculture, Fisheries and Food; “poultry” means domestic fowls of any age; “rearing premises” means any premises on which birds are being reared at any time for the production of eggs for human consumption; “registered person” means a person whose name is entered in the Laying Flocks Register in respect of any premises; “vermin” means rats, flies, mice or cockroaches; “veterinary inspector” means a veterinary inspector appointed by the Minister. 2 After 1st June 1990 any reference in this Order to a laboratory shall be a reference to an authorised laboratory. 3 Any reference in this Order to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order. Taking of samples from laying flocks for testing 3 It shall be the duty of the owner or person in charge of a laying flock to ensure that – a samples are taken in respect of the flock in such manner as is specified in Part I of Schedule 1 and at such times as are so specified; and b such samples are submitted forthwith to a laboratory for testing (at his expense) for the presence of salmonella in accordance with a bacteriological method set out in Part II of that Schedule. Testing of samples from laying flocks and reporting of results of tests 4 1 It shall be the duty of the person in charge of a laboratory to which a sample has been submitted under article 3(b) to ensure that – a the sample is tested for the presence of salmonella in acccordance with a bacteriological method set out in Part II of Schedule 1; b the result of such a test is reported in writing as soon as practicable to the person who submitted the sample; and c where, as a result of an examination carried out in accordance with the said bacteriological method, a culture of salmonella is isolated from the sample that a subculture is sent to the Lasswade Veterinary Laboratory of the Ministry situated at Penicuik, Midlothian, Scotland or to a Veterinary Investigation Centre of the Ministry in England and Wales. 2 If a person to whom a report is made under article 4(1)(b) is not the owner or person in charge of the flock in respect of which the sample was taken, he shall immediately pass that report to the owner or person in charge of that flock. Requirements relating to the collection and handling of eggs 5 It shall be the duty of the owner or person in charge of a laying flock to ensure that the requirements specified in Schedule 2 relating to the collection and handling of eggs from that flock are complied with. Control of vermin etc 6 It shall be the duty of the owner or person in charge of a laying flock to ensure that, on the premises on which the flock is kept, effective measures are taken so as to ensure that – a poultry houses and buildings or parts of buildings used to store eggs are not infested by vermin; and b poultry houses in which poultry are housed permanently throughout their laying period are not accessible to any other birds at any time. Tampering with samples 7 1 No person shall treat or otherwise tamper with any sample taken for the purpose of this Order. 2 For the purpose of this article a person shall be deemed to have treated a sample if he does anything in relation to it which is likely to affect the result of the test required to be carried out under this Order. Keeping of records 8 The owner or person in charge of a laying flock shall – a keep records in respect of the laying flock containing the information specified in Schedule 3; b retain any such record for a period of one year from the date on which the sample or test to which it relates was taken or carried out or, as the case may be, from the date on which the movement of poultry to which it relates took place; and c produce any such record to an inspector or officer of the appropriate Minister on demand being made by such person at any reasonable time during that period and allow a copy of it or an extract from it to be taken. Registration of laying flocks 9 1 Subject to paragraph (7) below, no person shall keep a laying flock on any premises unless his name is entered in the Laying Flocks Register in respect of the premises on which the flock is kept. 2 The appropriate Minister shall keep, for the purposes of paragraph (1) above, a register of persons as being persons entitled to keep a laying flock on premises in respect of which their names are entered in the register. 3 Where a person makes an application in writing to the appropriate Minister for his name to be entered in the Laying Flocks Register in respect of any premises on which a laying flock is to be kept by him the appropriate Minister shall, subject to paragraph (4) below, enter his name in the Laying Flocks Register in respect of those premises and shall issue to the applicant a certificate of such registration. 4 The appropriate Minister shall refuse to enter in the Laying Flocks Register the name of any person in respect of any premises unless all the particulars specified in Schedule 4 are notified to him in writing. 5 A person whose name is entered in the Laying Flocks Register in respect of any premises shall, within 28 days of each anniversary of the date of such registration, notify the appropriate Minister in writing of any change in the particulars previously notified to him. 6 The registration of the name of a person in the Laying Flocks Register in respect of any premises shall remain in force for an unlimited period, except that, where a person so registered has notified the appropriate Minister in accordance with paragraph (5) above of a change in the particulars previously notified to him and that change consists of a reduction in the number of birds kept by him on the premises for the production of eggs for human consumption (excluding birds being reared for that purpose) to less than 100, the appropriate Minister shall revoke such registration unless that person informs the appropriate Minister in writing, within 28 days of the anniversary of the date of such registration, that he anticipates that the number of such birds which will be kept by him on the premises will increase to 100 or more during the 12 months following the anniversary of such registration. 7 The provisions of paragraph (1) above shall not apply where the name of the person keeping the laying flock is entered in the Breeding Flocks Register in respect of the premises on which the flock is kept, such register being kept by the appropriate Minister under article 3(2) of the Poultry Breeding Flocks and Hatcheries (Registration and Testing) Order 1989 . Notification by registered persons of results of tests on samples 10 1 A registered person shall notify the appropriate Minister in writing of the results of tests carried out on samples in accordance with article 3(b) and which have been reported to him in accordance with article 4. 2 Such notification shall contain the information specified in Schedule 5 and shall be given by the registered person to the appropriate Minister at 12 week intervals commencing with the date on which the registered person first receives a report of any such test. Powers of local authorities in cases of default 11 If any person fails to take any action required to be taken by him under any of the provisions of this Order, an inspector of the local authority may, without prejudice to any proceedings arising out of such default, take, or cause to be taken, such action and the amount of any expenses reasonably incurred by him in doing so shall be recoverable by the local authority as a civil debt from the person in default. Public inspection of register 12 The appropriate Minister shall make available for inspection at any reasonable time the names of persons who are for the time being entered in the Laying Flocks Register and the addresses of premises in respect of which they are so registered. Offences 13 Any person who, without lawful authority or excuse, proof of which shall lie on him, contravenes or fails to comply with any provision of this Order commits an offence against the Act. Local authority to enforce Order 14 The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority. Revocation 15 The Testing of Poultry Flocks Order 1989 and the Poultry Laying Flocks (Collection and Handling of Eggs and Control of Vermin) Order 1989 are revoked. In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th October 1989. John Gummer Minister of Agriculture, Fisheries and Food Sanderson of Bowden Minister of State, Scottish Office 18th October 1989 Peter Walker Secretary of State for Wales 18th October 1989