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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2006 No. 492

EUROPEAN COMMUNITIES

ANIMALS

The Salmonella in Turkey Flocks and Herds of Slaughter Pigs (Survey Powers) Regulations (Northern Ireland) 2006

  Made 1st December 2006 
  Coming into operation 22nd December 2006 

The Department of Agriculture and Rural Development, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section, makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Salmonella in Turkey Flocks and Herds of Slaughter Pigs (Survey Powers) Regulations (Northern Ireland) 2006 and shall come into operation on 22nd December 2006.

Interpretation
    
2. —(1) In these Regulations—

    (2) The Interpretation Act (Northern Ireland) 1954[5] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

The competent authority
     3. The Department of Agriculture and Rural Development is the competent authority for the purposes of Commission Decision 2006/668/EC and Commission Decision 2006/662/EC.

Information in respect of a turkey holding
    
4. The occupier or person in charge of a turkey holding (or any employee or agent of the occupier or person in charge of a turkey holding) must, within 7 days of receipt of a written notice from the Department, provide the information requested in that notice in respect of the survey required by Commission Decision 2006/662/EC.

Information in respect of a slaughterhouse
    
5. The occupier or person in charge of a slaughterhouse (or any employee or agent of the occupier or person in charge of a slaughterhouse) must, within 7 days of receipt of a written notice from the Department, provide the information requested in that notice in respect of the survey required by Commission Decision 2006/668/EC.

Powers of inspectors
    
6. —(1) An inspector shall, on producing some duly authenticated document showing his authority, have the right at all reasonable hours to enter any turkey holding selected in accordance with Commission Decision 2006/662/EC or any slaughterhouse selected in accordance with Commission Decision 2006/668/EC for the purposes of—

    (2) On entering any turkey holding in accordance with paragraph (1) an inspector may require the occupier or person in charge of a slaughterhouse (or any employee or agent of the occupier or person in charge of a slaughterhouse)—

    (3) When he has entered a turkey holding in accordance with paragraph (1) an inspector may—

    (4) When he has entered a slaughterhouse an inspector may—

Offences
    
7. —(1) The occupier or person in charge of a turkey holding or a slaughterhouse (or any employee or agent of the occupier or person in charge of a turkey holding or a slaughterhouse) who—

shall be guilty of an offence.

    (2) Nothing in paragraph (1)(e)(i) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.

Penalties
    
8. A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Revocation
    
9. The Salmonella in Laying Flocks (Survey Powers) Regulations (Northern Ireland) 2005[6] and The Salmonella in Broiler Flocks (Survey Powers) Regulations (Northern Ireland) 2005[7] are revoked.



Sealed with the Official Seal of the Department of Agriculture and Rural Development on


1st December 2006

L.S.


E. Redmond
A senior officer of the Department of Agriculture and Rural Development


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations revoke the Salmonella in Laying Flocks (Survey Powers) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 132) and The Salmonella in Broiler Flocks (Survey Powers) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 584).

The Regulations provide powers of entry to inspectors to undertake sampling to detect the prevalence of Salmonella spp. in flocks of turkeys as required by Commission Decision 2006/662/EC concerning a financial contribution by the Community towards a baseline survey on the prevalence of Salmonella spp. in turkeys to be carried out in the Member States and in herds of slaughter pigs as required by Commission Decision 2006/668/EC concerning a financial contribution by the Community towards a baseline survey on the prevalence of Salmonella spp. in slaughter pigs to be carried out in the Member States.

Regulation 3 designates the Department as the competent authority for the purposes of Commission Decision 2006/662/EC and Commission Decision 2006/668/EC. Regulation 4 provides that the occupier or person in charge of a holding must, within 7 days of a request, send information to the Department to assist it with the selection of holdings to be included in the survey. Regulation 5 provides that the occupier or person in charge of a slaughterhouse must, within 7 days of a request, send information to the Department to assist it with the survey of slaughter pigs.

Regulation 6 provides inspectors with various powers including a power of entry and power to take samples of faecal material and to examine any records. Regulation 7 creates offences for obstructing an inspector exercising his powers under these Regulations and regulation 8 sets out the applicable penalties.


Notes:

[1] S.I. 2000/2812back

[2] 1972 c 68.back

[3] O.J. No L 272, 3.10.2006, p. 22back

[4] O.J. No L 275, 6.10.2006, p. 51back

[5] 1954 c. 33 (N.I.)back

[6] S.R. 2005 No. 132back

[7] S.R. 2005 No. 584back



ISBN 0 337 96742 3


 © Crown copyright 2006

Prepared 7 December 2006


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