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General licence to arrange a fair, market, show ... - ARCHIVE: Defra

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Department for Environment, Food and Rural Af<strong>fair</strong>s<br />

Avian Influenza (Preventive Measures) (England) Regulations 2006<br />

Diseases of Poultry (England) Order 2003<br />

Commission Decision 2005/734/EC<br />

<strong>General</strong> <strong>licence</strong> <strong>to</strong> <strong>arrange</strong> a <strong>fair</strong>, <strong>market</strong>, <strong>show</strong>, exhibition<br />

or other gathering involving the collecting <strong>to</strong>gether of<br />

poultry or other captive birds<br />

This <strong>licence</strong> is available for the gathering of poultry and other captive birds under<br />

regulation 6 of the Avian Influenza (Preventive Measures) (England) Regulations<br />

2006, subject <strong>to</strong> the conditions in the Schedule below.<br />

This general <strong>licence</strong> is made available:<br />

- Following a veterinary risk assessment that has been carried out in<br />

accordance with Article 1(1) and the derogation in Article 2b (2), and the<br />

criteria in Annex I of the Commission Decision 2005/734/EC (as amended).<br />

- As a result of the conclusion of that veterinary risk assessment which has<br />

determined that, so long as the conditions of this <strong>licence</strong> are complied with,<br />

the transit of birds <strong>to</strong> and from a gathering will not significantly increase the<br />

risk of the transmission of avian influenza virus.<br />

This general <strong>licence</strong> may be withdrawn at any time with immediate effect if the<br />

veterinary risk assessment changes with regard <strong>to</strong> the risk of spread of avian<br />

influenza virus.<br />

For the purposes of this <strong>licence</strong>:<br />

“gathering” means an occasion at which poultry and/or other captive birds are<br />

brought <strong>to</strong>gether:<br />

i).<br />

ii).<br />

at a <strong>fair</strong>, <strong>market</strong>, <strong>show</strong>, sale, or exhibition; or<br />

on or in a vehicle used for pigeon racing.<br />

"other captive bird" means any bird kept in captivity which is not poultry and includes<br />

a pet bird and any bird kept for <strong>show</strong>s, races, exhibitions, competitions, breeding or<br />

for sale;<br />

"poultry" means all birds that are reared or kept in captivity for the production of meat<br />

or eggs for consumption, the production of other commercial products, for res<strong>to</strong>cking<br />

supplies of game or for the purposes of any breeding programme for the production<br />

of these categories of birds;<br />

"premises" includes any land, vehicle building or place.


Signed by: Rory O’Donnell<br />

For and on behalf of the Secretary of State:<br />

Date: 11 Oc<strong>to</strong>ber 2010<br />

Schedule<br />

1. The person arranging the gathering is the licensee and is responsible for<br />

ensuring the conditions in this <strong>licence</strong> are complied with.<br />

2. The licensee must take all reasonable steps <strong>to</strong> prevent the spread of avian<br />

influenza virus on<strong>to</strong>, within and off the premises where the gathering is held.<br />

3. The licensee must notify the local Animal Health office for the area in which the<br />

gathering is taking place at least 7 days prior <strong>to</strong> the event. Notification must<br />

include at least the following information:<br />

a. Date the gathering will take place.<br />

b. Location of the gathering.<br />

c. Details of the licensee (including full name, contact address and<br />

telephone number).<br />

d. Anticipated numbers and type(s) of birds.<br />

Any changes <strong>to</strong> the information provided at a. b. or c. above, or any significant<br />

changes in d. that occur between notification and the event itself must also be<br />

notified <strong>to</strong> the local Animal Health office as soon as possible prior <strong>to</strong> the event.<br />

4. The licensee must make a record of all people who bring poultry or other<br />

captive birds <strong>to</strong> a gathering or take such birds from a gathering and keep the<br />

record for at least 3 months following the end of the gathering. The record must<br />

include at least the following information:<br />

a. Full name.<br />

b. Home address.<br />

c. Telephone number.<br />

d. Number and type(s) of birds exhibited, raced, bought or sold.<br />

5. The licensee must not allow any cage, crate, basket or other container on<strong>to</strong> a<br />

gathering which is contaminated with bird droppings, bedding or other material<br />

of bird origin other than that from, or provided for, the birds brought <strong>to</strong> the<br />

gathering and must make this requirement known <strong>to</strong> all those bringing birds <strong>to</strong><br />

the gathering in advertising, on entry forms or by any other means.


6. The licensee must:<br />

(i) ensure that any feed <strong>to</strong> which poultry or other captive birds had access,<br />

and all bedding, droppings, other material of bird origin and other<br />

contaminants derived from birds at the gathering and which are left on<br />

the premises when the gathering has ended are—<br />

(a) destroyed;<br />

(b) treated so as <strong>to</strong> remove the risk of transmission of disease;<br />

(c) disposed of so that birds do not have access <strong>to</strong> them; or<br />

(d) disposed of as Category 2 products under the Animal By-<br />

Products Regulations 2005.<br />

(ii) where practicable, cleanse and disinfect those parts of the premises<br />

contaminated by such materials.<br />

7. The licensee must ensure that any cages, crates, baskets or other containers<br />

not removed from the premises by those attending the gathering are cleansed<br />

and disinfected as soon as reasonably practicable after the end of the<br />

gathering and in any case before they are used again.<br />

Notes<br />

1. If all the poultry and/or other captive birds at the gathering are from the same<br />

premises and return <strong>to</strong> that premises, this is not defined as a gathering and no<br />

<strong>licence</strong> is required.<br />

2. “Premises” includes all private or public places, including such places as car<br />

parks, derelict land, and lay-bys. It also includes vehicles, and any reference <strong>to</strong><br />

premises in the schedule includes vehicles.<br />

3. In Schedule 6 (ii), cleansing and disinfection should be carried out on paved<br />

areas of the premises and other solid surfaces but may not be appropriate on<br />

non-paved areas – e.g. grass.<br />

4. Article 12 (Racing pigeons) of the Diseases of Poultry (England) Order 2003<br />

requires that:<br />

“(1) An organiser of a <strong>show</strong> or race which takes place wholly or partly in<br />

England shall ensure that all racing pigeons entered for the race or <strong>show</strong><br />

have been vaccinated against paramyxovirus 1 in pigeons.<br />

(2) Every person who owns or keeps racing pigeons shall keep a record of<br />

every race or <strong>show</strong> for which he enters his pigeons.”<br />

5. Article 13 (Disinfection) of the Diseases of Poultry (England) Order 2003<br />

requires that:


“(1) The person in charge of premises on which poultry or racing pigeons<br />

are or have been exposed for sale or exhibited shall thoroughly cleanse<br />

and disinfect those premises, their fittings and any receptacle used for the<br />

exposure or exhibition of such birds as soon as practicable after use and in<br />

any event before they are used again.<br />

(2) An inspec<strong>to</strong>r may, by notice in writing on the person in charge of any<br />

premises or vehicle on or in which any birds are or have been, require the<br />

person on whom the notice is served <strong>to</strong> cleanse and disinfect the premises<br />

or vehicle or any fittings or receptacle in such manner as he requires and<br />

prohibit the movement in<strong>to</strong> premises or vehicle of birds until the cleansing<br />

and disinfection has been completed <strong>to</strong> the satisfaction of the inspec<strong>to</strong>r.<br />

(3) Without prejudice <strong>to</strong> the bringing of proceedings under the Animal<br />

Health Act 1981, where a notice under this article is not complied with, any<br />

person authorised by the Secretary of State or the local authority may<br />

enter the premises or vehicles <strong>to</strong> which the notice relates and carry out the<br />

work of cleansing and disinfection required and the cost of such work shall<br />

be recoverable from the person on whom the notice was served.<br />

(4) For the purposes of this Order “cleansing” includes the disposal of all<br />

litter, droppings and other matter in a manner which does not present a risk<br />

of the spread of disease.”<br />

6. Disinfectants approved for use against poultry diseases are listed on the <strong>Defra</strong><br />

website at:<br />

http://disinfectants.defra.gov.uk/Default.aspx?Location=None&module=Approv<br />

alsList_SI.<br />

7. Anyone in possession of any bird or bird carcase which they suspect may be<br />

infected with avian influenza or Newcastle disease must immediately notify the<br />

duty veterinary officer at their local Animal Health office.<br />

8. If you are bringing birds from other European Union Member States or Third<br />

Countries in<strong>to</strong> England, controls are in place <strong>to</strong> prevent the import of disease.<br />

Further information on these requirements can be found here.<br />

9. Rules may apply <strong>to</strong> the transport of birds <strong>to</strong> gatherings under the Welfare of<br />

Animals (Transport) (England) Order 2006 and/or the Transport of Animals<br />

(Cleansing and Disinfection) (England) (No. 3) Order 2003.<br />

10. Contact your local Animal Health office or local authority for further advice on<br />

biosecurity measures and any other legislation that may apply.<br />

11. Non-compliance with this <strong>licence</strong> constitutes an offence under regulation 20 the<br />

Avian Influenza (Preventive Measures) (England) Regulations S.I. 2006 No<br />

2701 and on conviction under section 73 of the Animal Health Act 1981 a<br />

person may be liable <strong>to</strong> a fine and/or imprisonment.

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