Foot-and-Mouth Disease (Control Measures) Rules, 2005

L.N. 305 of 2005

VETERINARY SERVICES ACT

(CAP. 437)

Foot-and-Mouth Disease (Control Measures) Rules, 2005

IN exercise of the powers conferred by article 5(1) of the Veterinary

Services Act, the Minister for Rural Affairs and the Environment has

made the following rules>-

(1) The title of these rules is the Foot-and-Mouth Disease Title and scope.

(Control Measures) Rules, 2005.

(2) The scope of these rules is to define the Community

control measures to be applied in the event of outbreaks of foot and

mouth disease, whatever the type of virus concerned, in accordance

with Council Directive 85#511#EEC of the 18 th November, 1985.

For the purposes of these rules, the following definitions shall Interpretation.

(Rule 5)

Commercial laboratory authorised to handle live foot-and-mouth disease virus

for vaccine production intended for Malta

Rhônemerieux, Pirbright laboratory, Ash Road, Pirbright, Woking, Surrey.

apply.

“animal of a susceptible species” means any domestic or wild

ruminant or swine present on a holding<

“receptive animal” means any animal of a susceptible species

which is not vaccinated, or which is vaccinated but whose

immunisation cover is considered to be inadequate by the

competent authority<

“infected animal” means any animal of a susceptible species>

(a) in which clinical symptoms or post-mortem lesions

which may arise from foot-and-mouth disease have been

ascertained, or

(b) in which the presence of foot-and-mouth disease

has been officially ascertained following a laboratory

examination<

“animal suspected of being infected” means any animal of a

susceptible species showing clinical symptoms or post-mortem

lesions which are such that the presence of foot-and-mouth disease

may reasonably be suspected<

“animal suspected of being contaminated” means any animal

of a susceptible species which may according to the epizootiological

information collected have been directly or indirectly exposed to

the foot-and-mouth virus<

“holding” means an agricultural establishment or officially

supervised dealer’s premises, in which animals for breeding,

production or slaughter are regularly kept or bred<

“animal for slaughter” means a bovine animal or swine

intended to be taken on arrival in the country of destination direct

to a slaughterhouse, or to a market adjoining a slaughterhouse under

whose rules all animals may be removed, in particular after the

market, only to a slaughterhouse approved for this purpose by the

competent central authority. In the latter case, the animals must be

slaughtered at that slaughterhouse not later than seventy-two hours

after arriving at the market<

“animals for breeding or production” means bovine animals

and swine other than those referred to in the definition ‘animal for

slaughter’, including those intended for breeding, milk or meat

production<

“tuberculosis-free bovine animal” means a bovine animal

which satisfies the conditions laid down in Annex A (I) (1) of

Directive 64#432#EEC<

“officially tuberculosis-free bovine herd” means a bovine

herd which satisfies the conditions laid down in Annex A (I) (2) of

Directive 64#432#EEC<

“brucellosis-free bovine animal” means a bovine animal

which satisfies the conditions laid down in Annex A (II) (1) of

Directive 64#432#EEC<

“officially brucellosis-free bovine herd” means a bovine herd

which satisfies the conditions laid down in Annex A (II) (A) (2) of

Directive 64#432#EEC<

“brucellosis-free bovine herd” means a bovine herd which

satisfies the conditions laid down in Annex A (II) (A) (3) of

Directive 64#432#EEC<

“brucellosis-free swine” means swine which satisfy the

conditions laid down in Annex A (II) (B) (1) of Directive

64#432#EEC<

“officially brucellosis-free swine herd” means a swine herd

which satisfies the conditions laid down in Annex A (II) (B) (2) of

Directive 64#432#EEC<

“epizootic free area” means an area 20 km in diameter in

which, according to official findings, for at least thirty days prior

to loading there has been>

(i) no incidence of foot-and-mouth disease, in the case

of bovine animals<

(ii) no incidence of foot-and-mouth disease, swine

fever or contagious swine paralysis (Teschen disease) in the

case of swine<

“compulsorily notifiable diseases” means the diseases listed

in Annex E of Directive 64#432#EEC<

“official veterinarian” means the veterinarian designated by

the competent authority<

“exporting country” means the Member State from which

bovine animals and swine are sent to another Member State<

“country of destination” means the Member State to which

bovine animals and swine are sent from another Member State.

(Rule 11)

National laboratory authorised to handle for Malta live

foot-and-mouth disease virus

Institute for Animal Health, Pirbright, Woking, Surrey.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

The Veterinary Services shall take all the necessary provisions Notification to the

competent

to ensure that the presence, or suspected presence, of foot-and-mouth authority.

disease is compulsorily and immediately notifiable to the competent

authority, in accordance with Directive 82#894#EEC.

(1) The Veterinary Services shall take all the necessary Suspected infected

holdings.

provisions to ensure that, where a holding contains one or more animals

suspected of being infected or of being contaminated with foot-and-

mouth disease, official means of investigation to confirm or rule out

the presence of the disease are set in motion immediately and, in

particular, that the official veterinarian takes the necessary samples, or

has them taken, for laboratory examination. As soon as the suspected

infection is notified, the competent authority shall have the holding

placed under official surveillance and shall in particular order that>

(a) a census be made of all categories of animals of

susceptible species and that, in respect of each of these categories,

the number of animals already dead, infected or liable to be infected

or contaminated be recorded< the census must be kept up to date to

take account of animals born or dying during the period of

suspicion< the information in the census must be produced on

request and may be checked at each visit<

(b) all animals of susceptible species on the holding be kept

in their living quarters or some other place where they can be

isolated<

(c) no animals of susceptible species enter or leave the

holding<

(d) no animals of other species enter or leave the holding

without the authorisation of the competent authority<

(e) all movement from the holding of meat or carcasses of

animals of susceptible species or of animal feed, utensils, objects

or other substance, such as wool or waste or rejected matter, liable

to transmit foot-and-mouth disease be prohibited, unless authorised

by the competent authority<

(f) the movement of milk from the holding be prohibited<

in the event of difficulties in storing the milk on the holding, the

competent authority may authorise the milk to be moved from the

holding under veterinary supervision to a treatment establishment

in order that it may be given heat treatment ensuring the destruction

of the foot-and-mouth virus<

(g) the movement of persons to or from the holding be made

subject to authorisation by the competent authority<

(h) the entry or exit of vehicles to or from the holding be

made subject to authorisation by the competent authority which

shall lay down the conditions necessary in order to avoid

propagation of the foot-and-mouth virus<

(i) appropriate means of disinfection be used at the entrances

and exits of buildings housing animals of susceptible species and

of the holding itself<

(j) an epizootiological inquiry be carried out in accordance

with rules 7 and 8 hereof.

(2) The competent authority may extend the measures

provided for in sub-rule (1) hereof to adjoining holdings should

their location, their configuration, or contacts with animals from

the holding where the disease is suspected, give reason to suspect

possible contamination.

(3) The measures referred to in sub-rules (1) and (2) shall

not be withdrawn until the suspicion of foot-and-mouth disease

has been officially ruled out.

As soon as it has been confirmed that one or more of the Measures to be

introduced on

animals defined in rule 2 (c) are on a holding, the competent authority infected holdings.

shall introduce the following measures>

(1) the official veterinarian shall take adequate samples or

has them taken for examination by the laboratory referred to in Schedule

A to these rules, where these samples and examinations have not been

taken or carried out during the period of suspicion in accordance with

sub-rule 4 (1) hereof<

(2) in addition to the measures listed in sub-rule 4 (1) , the

following measures are taken without delay>

(a) all animals of susceptible species on the holding shall

be slaughtered on the spot under official supervision in such a way

as to avoid all risk of spreading the foot-and-mouth virus<

(b) after being slaughtered, the aforementioned animals shall

be destroyed under official supervision in such a way that there is

no risk of spreading the foot-and-mouth virus<

(c ) meat of animals of susceptible species coming from

the holding and slaughtered during the period between the probable

introduction of the disease to the holding and the implementation

of official measures shall, wherever possible, be traced and

destroyed under official supervision in such a way as to avoid any

risk of spreading the foot-and-mouth virus<

(d) the carcasses of animals of susceptible species which

have died on the holding shall be destroyed under official

supervision in such a way as to avoid any risk of spreading the

foot-and-mouth virus<

(e) any substance referred to in sub-rule 4 (1)(e) shall be

destroyed or treated in such a way as to ensure the destruction of

any foot-and-mouth virus present< all treatment must be carried

out in accordance with the instructions of the official veterinarian<

(f) milk and milk products shall be destroyed in such a way

as to avoid any risk of spreading the foot-and-mouth virus<

(g) after elimination of the animals of susceptible species

and of the substances referred to in sub-rule 4 (1)(e) the buildings

used for housing, their surroundings and the vehicles used for their

transport and all equipment likely to be contaminated shall be

cleaned and disinfected in accordance with rule 10<

(h) no animals of susceptible species shall be reintroduced

to the holding until at least 21 days after completion of the cleaning

and disinfection operations carried out in accordance with rule 10

hereof<

(i) an epizootiological inquiry shall be carried out in

accordance with rules 7 and 8 hereof<

(3) the provisions of paragraph (1) hereof shall not apply in

the case of appearance of a secondary source which is linked

epidemiologically with a primary source for which samples have already

been taken<

(4) the competent authority may extend the measures

provided for in paragraph (1) to adjoining holdings should their location,

their configuration, or contacts with animals from the holding where

the disease has been recorded give reason to suspect possible

contamination.

(1) (a)

In the case of holdings which consist of two or

more separate production units, the competent authority may derogate

from the requirements of sub-rule 5 (2) (a) and (b) as regards healthy

production units of a holding which is infected, provided that the official

veterinarian has confirmed that the structure and size of these units and

the operations carried out there are such that they are completely separate

as regards housing, keeping and feeding, so that the virus cannot spread

from one to another.

(b) The same measures and the possibility of

derogating from the requirements of sub-rule 5 (2)(f) may be extended

to holdings producing milk, provided that, in addition, milking in each

unit is carried out quite separately.

(2) (a) Where recourse is had to the provisions of sub-

rule (1), the competent authority shall ensure that the rules they apply

include, at least, the following>

(i) the derogation available in sub-rule 6 (1) shall only be

granted following an individual assessment of the holding in

question carried out by an official veterinarian at the time of the

official investigation to confirm or rule out the presence of foot-

and-mouth disease,

(ii) this assessment shall take into account all conditions

and situations pertaining to the possible spread of foot-and-mouth

disease.

(b) (i) In granting the derogation referred to in

paragraph (a), the competent authority shall take all the necessary

provisions to ensure that there is no more risk of foot-and-mouth disease

virus spreading between separate production units on a holding than of

it spreading between separate holdings.

(ii) Intensively managed production units containing

healthy animals shall conform to the following requirements>

(a) they shall be constructionally separate from those which

contained infected animals with no communication or common

air space between them,

(b) they shall have separate stores for equipment, fodder,

effluent and, where appropriate, milk,

(c) they shall have individual disinfection facilities at

entrances and exits,

(d) they shall have their own personnel,

(e) further, there shall have been no exchange of farm

machinery or other equipment between infected and healthy units

nor shall there have been an exchange of animals, animal products,

animal feed, utensils, objects or other substances such as wool or

waste or rejected matter liable to transmit foot-and-mouth disease

from infected to healthy units.

(c) The conditions laid down in paragraph (b) hereof

shall have been in place, to the satisfaction of the official veterinarian,

prior to the date on which one or more infected animals as defined in

sub-rule (2) (c) were present on the holding, taking into account the

likely incubation period of the disease.

Epizootiological

The epizootiological inquiry shall deal with>

inquiry.

(a) the length of time during which the foot-and-mouth

disease may have existed on the holding before being notified or

suspected< the possible origin of the foot-and-mouth disease on

the holding and the identification of other holdings on which there

are animals of susceptible species which may have become infected

or contaminated from the same source<

(b) the movement of persons, vehicles and substances

referred to in sub-rule 4 (1)(e) likely to have carried the foot-and-

mouth virus to or from the holdings in question.

(1) (a) Where the official veterinarian finds, or considers

on the basis of confirmed data, that foot-and-mouth disease could have

been introduced from other holdings on to the holding referred to in

rule 4, or from the latter holding on to other holdings as a result of the

movement of persons, animals or vehicles or in any other way, those

other holdings shall be placed under official surveillance in accordance

with rule 4 and this surveillance shall not be lifted until the suspected

presence of foot-and-mouth disease on the holding referred to in rule 4

has been officially ruled out.

(b) Where the official veterinarian finds, or considers

on the basis of confirmed data, that foot-and-mouth disease could have

been introduced on to the holding referred to in rule 5 from other holdings

as a result of the movement of persons, animals or vehicles or in any

other way, those other holdings shall be placed under official surveillance

in accordance with rule 4.

(c) Where the official veterinarian finds, or considers

on the basis of confirmed data, that foot-and-mouth disease could have

been introduced from the holding referred to in rule 5 on to other holdings

as a result of the movement of persons, animals or vehicles or in any

other way, those other holdings shall become subject to the provisions

of rule 4.

(2) When a holding has been subject to the provisions of

sub-rule (1), the competent authority shall prohibit removal of animals

from the holding other than for transport directly to a slaughterhouse

under official supervision for the purpose of emergency slaughter during

a 15-day period in the case of holdings referred to in sub-rule (1) (a)

and (b) and a 21-day period in the case of holdings referred to in sub-

rule (1) (c) respectively. Prior to granting such authorisation, the official

veterinarian must have carried out an examination of the herd and

confirmed that none of the animals is suspected of being infected.

(3) Where it considers that conditions permit, the competent

authority may limit the measures provided for in sub-rule (1) (a) and

(b) to a part of the holding and the animals contained therein, provided

that the animals there have been housed, kept and fed completely

separately.

(1) (a) The Veterinary Services shall take all the necessary Protection zone.

provisions to ensure that, once the diagnosis of foot-and-mouth disease

has been officially confirmed, a protection zone based on a minimum

radius of 3 kilometres and a surveillance zone based on a minimum

radius of 10 kilometres is established around the infected holding.

(b) The definition of zones shall take account of natural

boundaries, supervision facilities and technological progress which

makes it possible to foresee the possible dispersion of the virus by air

or any other means and will have to be reviewed, if necessary, in the

light of such elements.

(2) (a)

The following measures shall be applied in the

protection zones>

(i) a census of all the holdings with animals of susceptible

species must be carried out,

(ii) holdings which are the subject of such a census must

periodically undergo a veterinary inspection,

(iii) animals of susceptible species may not be removed

during the first 15 days from the holding on which they are kept

except to be transported directly under official supervision for the

purpose of emergency slaughter to a slaughterhouse located in that

zone or, if that zone has no slaughterhouse under veterinary

supervision, to a slaughterhouse designated by the competent

authority. Such movement may be authorised by the competent

authority only after examination by the official veterinarian of all

the animals of susceptible species on the holding has ruled out the

presence of suspected animals<

(iv) itinerant service for breeding shall be prohibited<

(v) artificial insemination shall be prohibited during the first

15 days except where it is carried out by the farmer with sperm

that is on the farm or with sperm delivered directly by an

insemination centre<

(vi) fairs, markets, shows or other gatherings of susceptible

animals, including collection and distribution, shall be prohibited<

(vii) without prejudice to the case provided for in the second

sentence of sub-paragraph (iii), the transport of animals of

susceptible species shall be prohibited, except for transit by major

highways or mainline railways.

(b) The measures applied in the protection zone shall

be maintained for at least 15 days after elimination of all the animals

referred to in rule 5 from the holding and the carrying out on that holding

of preliminary cleaning and disinfection operations in accordance with

rule 10. However, the measures described in sub-rule (3) hereof for the

surveillance zone shall remain in force in the protection zone for the

period provided for in sub-rule (3) (b) hereof.

(3) (a)

The following measures shall be applied in the

surveillance zone>

(i) a census shall be taken of all holdings having animals

of susceptible species<

(ii) the movement of animals of susceptible species on

public roads shall be prohibited except for the purpose of leading

them to pasture<

(iii) the transport of animals of susceptible species within

the surveillance zone shall be subject to the authorisation of the

competent authority<

(iv) the animals may not be removed from the surveillance

zone during the first 15 days. Between the 15th day and the 30th

day, the animals may not be removed from the said zone except to

be transported under official supervision directly to a

slaughterhouse for the purpose of emergency slaughter. Such

transport may be authorised by the competent authority only after

the official veterinarian has carried out an examination of all the

animals concerned and confirmed that none of the animals is

suspected of being infected<

(v) itinerant service for breeding shall be prohibited<

(vi) fairs, markets, shows and other gatherings of susceptible

animals shall be prohibited.

(b) The measures in the surveillance zone shall be kept

in force for at least 30 days after the elimination of all the animals

referred to in rule 5 from the holding and the carrying out on that holding

of preliminary cleaning and disinfection operations in accordance with

rule 10.

(1) The disinfectants to be used and their concentrations Cleaning and

disinfection

are officially approved by the competent authority.

operations.

(2) The cleaning and disinfection operations are carried out

under official supervision, in accordance with the instructions given by

the official veterinarian.

(1) Laboratory testing to detect the presence of foot-and- Testing in

laboratory.

mouth disease are carried out by the national laboratory indicated in

Schedule B to these rules. This laboratory testing should, if necessary

and especially on the first appearance of the disease, show the type,

subtype or, where appropriate, the variant of the relevant virus which

may be confirmed, if necessary, by a reference laboratory designated

by the community.

(2) The national laboratories referred to in sub-rule (1) liase

with a reference laboratory designated by the European Community.

The Veterinary Services shall take the necessary provisions Provisions to be

taken by Veterinary

to ensure that>

Services.

(a) when animals of susceptible species are moved out of

the holding on which they are kept, they are identified in such a

way as to enable their holding of origin, or the holding from which

they have come, and their movements to be traced rapidly.

However, for certain categories of animals and without prejudice

to measures concerning tracing of pigs for the control of classical

swine fever, the competent authority may, in certain circumstances

and having regard to the health situation, authorise other ways of

rapidly tracing their holding of origin, or the holding from which

they have come, and their movements. The arrangements for

identifying the animals or for tracing the holding of origin shall be

determined by the competent authority<

(b) the owner or keeper of the animals is required to supply

the competent authority, on request by that authority, with

information concerning animals entering or leaving his holding<

(c) all persons engaged in the transport or marketing of

animals of susceptible species are able to supply the competent

authority with information concerning the movements of animals

which they have transported or marketed and to furnish all the

details concerning such information.

(1) (a) The use of foot-and-mouth vaccines, the

manipulation of foot-and-mouth virus for research, diagnosis and, or

manufacture of vaccines is prohibited.

(b) The storage, supply, distribution and sale of foot-

and-mouth vaccines shall be carried out under official control.

(2) Notwithstanding the provisions of sub-rule (1)

concerning the use of foot-and-mouth disease vaccine, it may be decided,

when foot-and-mouth disease has been confirmed and threatens to

become extensive, that emergency vaccination using technical

procedures guaranteeing the animals total immunity may be introduced

provided that basic community interests are not endangered. In this

case, the measures to be taken shall include>

(a) the extent of the geographical area in which emergency

vaccination is to be carried out,

(b) the species and the age of the animals to be vaccinated,

(c)

the duration of the vaccination campaign,

(d) a specific standstill of vaccinated animals and their

products,

(e) the special identification and special registration of the

vaccinated animals, and

(f) other matters appropriate to the emergency situation. The

decision to introduce emergency vaccination shall be taken in

collaboration with the Member States. This decision shall have

particular regard to the degree of concentration of animals in certain

regions and the need to protect special breeds.