FOOT-AND-MOUTH DISEASE (CONTROL MEASURES) RULES *

SUBSIDIARY LEGISLATION 437.81

FOOT-AND-MOUTH DISEASE

(CONTROL MEASURES) RULES *

30th August, 2005

LEGAL NOTICE 305 of 2005.

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

(Control Measures) Rules.

(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.

(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.

For the purposes of these rules, the following definitions

shall apply.

"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;

"animal of a susceptible species" means any domestic or wild

ruminant or swine present on a holding;

"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;

"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;

"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;

"brucellosis-free bovine animal" means a bovine animal which

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

64/432/EEC;

"brucellosis-free bovine herd" means a bovine herd which

sat isfies th e condi tion s laid down in Annex A(II)(A)(3) of

Directive 64/432/EEC;

"brucellosis-free swine" means swine which satisfy the

*These rules have been repealed by Legal Notice 77 of 2025.

conditions laid down in Annex A(II)(B)(1) of Directive 64/432/

EEC;

"compulsorily notifiable diseases" means the diseases listed in

Annex E of Directive 64/432/EEC;

"country of destination" means the Member State to which

bovine animals and swine are sent from another Member State;

"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;

"exporting country" means the Member State from which bovine

animals and swine are sent to another Member State;

"holding" means an agricultural establishment or officially

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

production or slaughter are regularly kept or bred;

"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;

"official veterinarian" means the veterinarian designated by the

competent authority;

"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;

"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;

"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;

"receptive animal" means any animal of a susceptible species

which is n ot v accinated, o r which is v accinated but whose

immunisation cover is considered to be inadequate by the

competent authority;

"tuberculosis-free bovine animal" means a bovine animal which

satisfies the conditions laid down in Annex A(I)(1) of Directive 64/

432/EEC.

(Rule 11)

National laboratory authorised to handle for Malta live foot-and-mouth disease virus

Institute for Animal Health, Pirbright, Woking, Surrey.

The Veterinary Services shall take all the necessary

provisions to ensure that the presence, or suspected presence, of

foot-and-mouth 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

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.

(2) The competent authority may extend the measures provided

for in sub-rule (1) 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

infected animals, as defined in rule 2, are on a holding, the

competent authority 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 rule 4(1);

(2) in addition to the measures listed in 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 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 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 twenty-

one days after completion of the cleaning and

disinfection operations carried out in accordance

with rule 10;

(i) an epizootiological inquiry shall be carried out

in accordance with rules 7 and 8;

(3) the provisions of paragraph (1) 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 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 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 subrule (1),

the competent authority shall ensure that the rules they

apply include, at least, the following

(i)

the derogation available in sub-rule (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.

FOOT-AND MOUTH DISEASE (CONTROL MEASURES)

(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) 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 rule 2 were present on

the holding, taking into account the likely incubation

period of the disease.

The epizootiological inquiry shall deal with

(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 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 fifteen-day period in the case of

holdings referred to in sub-rule (1)(a) and (b) and a twenty-one-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

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 three

kilometres and a surveillance zone based on a

minimum radius of ten 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.

FOOT-AND MOUTH DISEASE (CONTROL MEASURES)

(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 fifteen 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 fifteen 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 fifteen 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) for the surveillance zone shall remain in force

in the protection zone for the period provided for in

sub-rule (3)(b).

(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 fifteen days.

Between the fifteenth day and the thirtieth 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 thirty 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

are officially approved by the competent authority.

(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-

mouth disease are carried out by the national laboratory indicated

in Schedule B. 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 measures

to ensure that

(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

FOOT-AND MOUTH DISEASE (CONTROL MEASURES)

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.

FOOT-AND MOUTH DISEASE (CONTROL MEASURES)