DEPARTMENT OF THE ENVIRONMENT
Animal Health Legislation
Purpose of the Report
There is a requirement for new animal health legislation to provide good governance consistent with international standards by preventing, as far as practicable, the introduction and spread of animal diseases to protect animal health and welfare and human health.
There exist a number of pieces of local legislation fulfilling and partially fulfilling many relevant functions to achieve this objective. However, much of this legislation is now out of date and unresponsive and requires redrafting to achieve modern outcomes. The most effective way to achieve this is to repeal out of date legislation and provide new primary legislation with order-making powers, administration functions and powers and enforcement provisions. This will enable reduction of 4 or 5 primary Laws to 1 or 2 providing improved clarity and legislation in keeping with government’s lean objective.
The legislation will enable a range of activities to be regulated consequently providing control of animal diseases, including diseases transmissible to humans, assurance about the safety of food of animal origin, support international trade and enable proportionate enforcement of improvements.
Background
Veterinary legislation is an essential element of legal infrastructure which enables veterinary services to efficiently carry out their key functions, including:
- epidemio-surveillance;
- early detection and reporting of diseases, including zoonoses;
- rapid response to and prevention and control of animal health emergencies;
- safeguarding food safety of animal products;
- promoting animal welfare
- relevant certification of animals and animal products for export.
In the face of increasing global trade, climate change and the emergence and re-emergence of diseases that can rapidly spread across international borders, the Veterinary Services must be supported by effective and modern legislation.
The Diseases of Animal (Jersey) Law 1956 established sound principles to apply animal disease control.
In the 60 years since enactment of the Diseases of Animal (Jersey) Law 1956 the animal disease situation in Europe has changed significantly, for example Foot and Mouth Disease is eradicated and many countries have achieved freedom from Rabies.
People, animals and goods now travel internationally in a very short time creating challenges to disease control not envisaged in 1956. Since 1956, many discoveries and developments in the fields of veterinary medicine and epidemiology have informed and changed the way in which some diseases of animals are controlled.
Internationally, legislation is based on standards and protocols established by agreement in the World Organisation for Animal Health (OIE), which has 175 member countries. Specific animal diseases are subject to government control because they have a serious impact on animal or human health or on the economic viability of businesses, including those not directly linked to animals and animal products e.g. tourism.
The list of OIE notifiable diseases is regularly revised by experts and updates approved at the annual General Assembly.
Since 1st September 1973, as a matter of European Union (EU) law for the purposes of trade in agricultural products and products processed therefrom, Jersey is treated as part of the same Member State of the European Union as the United Kingdom and Jersey must apply rules in relation to such products on the same basis as the United Kingdom. Great Britain is an OIE founder Member.
European Community rules in the field of veterinary legislation, animal health legislation, food legislation and feedingstuff legislation as well as plant health legislation, quality and marketing standards must, therefore, be part of the law of Jersey. European Community Regulations in these areas are of direct effect and application in Jersey. To comply with obligations for international trade, Jersey must implement European Community Directives in these subject areas and administer and enforce Regulations under domestic law.
New legislation will add to existing provisions and promote standards based on EU legislation and best practice reflecting current knowledge.
Discussion
Much veterinary legislation governing animal health covers diverse controls and requires complex legislation, much of it derived from the OIE. Consequently, it is recommended it will be most effective to enact primary legislation which provides powers, including Order making, for the Minister to control, administer and enforce in accordance with international standards and obligations.
Updated animal health legislation will provide Ministerial powers to enact subordinate legislation to meet Jersey’s obligations under Protocol 3 of the United Kingdom’s Treaty of Accession to the European Community and to enact legislation based on best practice to protect animal health and welfare and human health.
The legislation will provide the framework enabling the Minister to administer and enforce controls governing a wide range of species, activities and businesses involving aquatic and terrestrial animals, animal carcases and animal products. The controls must be commensurate with international standards and provide for implementation of relevant European legislation permitting lawful trade in animals and animal products.
The required powers fall into two broad categories
- powers for disease prevention, surveillance and safeguarding food safety
- powers to be applied when disease is suspected or confirmed
The legislation will make reporting suspicion of certain diseases mandatory with a range of powers to enable government to take action to eradicate disease and prevent spread.
Transparent application of international standards underpins Jersey’s credibility as a trading partner. The powers will enable the Minister to ensure businesses operating in or from Jersey are compliant with required standards of production, handling, storage, disposal, transport and record keeping. The ability to quickly identify those at risk in the event of disease incursion is to be included.
Although no significant exotic animal disease, for example Foot and Mouth Disease, has been confirmed in Jersey in recent years, the threat of incursion remains. Therefore, the power to carry out controls promptly and efficiently when a disease threat or incursion arises must be available.
The power to prevent disease spread by appropriate imposition of movement restrictions must also be available. For certain diseases, all susceptible animals must be culled followed by cleansing and disinfection of equipment and premises with strict rules on re-stocking. The Minister may be required to pay compensation for animals culled. Certain diseases may be controlled by vaccination, for example rabies, therefore, power to require vaccination of eligible animals must be included.
Detailed investigations to determine where disease came from and where it has spread must be carried out and restrictions placed on premises and things which may have links to those with confirmed disease. For disease such as Foot and Mouth, restrictions have to be applied in an area rather than to individual premises only.
The following list indicates required powers but is not limited to powers for inclusion in legislation
- require animal owners and keepers and those operating businesses handling animals or animal products to register,
- identify animals by prescribed means,
- attain and verify structural or production standards required
- maintain records
- carry out surveillance including repeated sampling and testing for diseases which may or may not be present in Jersey
- appoint inspectors including veterinary inspectors
- enter land, premises, buildings, vehicles or vessels at all reasonable times to investigate suspicion of failure to comply with controls, disease or the presence of a pathogen and to take samples and apply tests
- apply time limits for compliance with required actions
- regulate movements of animals, carcases, animal products, vehicles, equipment, feedingstuffs or any thing which may transmit disease into, within or from Jersey
- regulate gatherings of animals at shows, fairs, markets and exhibitions which may or may not be held for the purpose of selling animals, animal products and equipment
- obtain information relevant to disease prevention and control
- require cleansing and disinfection to specified standards of premises, vehicles and things
- require isolation of an animal or group of animals
- seize and detain any animals or things suspected of being infected with disease or capable of transmitting disease
- regulate exhumation of animal carcases
- issue licences to individuals or to classes of people permitting movements or actions otherwise prohibited
- apply conditions to licences
- compulsorily slaughter on suspicion or confirmation of disease
- compulsorily destroy things which may transmit disease and cannot reasonable be cleansed and disinfected
- require vaccination
- when an exotic or emerging disease[1] is suspected or confirmed apply appropriate controls to people and inanimate objects
Enforcement in support of the control measures will be provided by power to apply penalties or sanctions, either criminal or administrative.
In accordance with States of Jersey User Pays policy, provision to levy fees for carrying out inspections, sampling, tests whether or not these result in issuing of approval and issue of approvals, licences, authorisations and certificates will be included.
Recommendation
The Minister is recommended to instruct the Veterinary Officer to provide law drafting instructions for new animal health legislation including provision to charge fees in accordance with User Pays policy.
Written by: | Veterinary Officer |
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Approved by: | Deputy Chief Officer, Department of the Environment |
[File Ref]
Ministerial Decision ref: MD-PE-2015-0047
14 July 2015
gov.je