Diseases of Animals (Jersey) Law 1956: Revocation of Various Orders

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A decision made 29 January 2016:

Decision Reference: MD-PE-2016-0014
Decision Summary Title :		Proposal to revoke six Orders under the Diseases of Animals (Jersey) Law 1956		Date of Decision Summary:	20 January 2016
Decision Summary Author:		States Veterinary Assistant		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet	Public
Type of Report: Oral or Written?		Written		Person Giving Oral Report:
Written Report Title :		Proposal to revoke six Orders under the Diseases of Animals (Jersey) Law 1956		Date of Written Report:	20 January 2016
Written Report Author:		States Veterinary Assistant		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Revoke six Orders under the Diseases of Animals (Jersey) Law 1956
Decision(s): The Minister – (1) agreed that the Importation of Equine Animals (Jersey) Order 1958, Cattle Plague (Jersey) Order 1958, Fowl Typhoid (Jersey) Order 1959, Parasitic Mange (Jersey) Order 1958, Teschen Disease (Jersey) Order 1975, Virus Hepatitis (Jersey) Order 1958, and the Warble Fly (Jersey) Order 1984 should be revoked; and (2) decided that the Law Draftsman should be instructed accordingly.
Reason(s) for Decision: It is no longer appropriate to certify, test or isolate equine imported under the Importation of Equine Animals (Jersey) Order 1958. The need for the other Orders is considered unnecessary because the specific diseases are not of major economic importance nor zoonotic and it is disproportionate for government to apply controls at tax payers expense.
Resource Implications: None
Action required: States Veterinary Assistant to request the Law Draftsman to prepare a revised draft Order for consideration by the Minister.
Signature: Deputy S Luce			Position: Minister for the Environment
Date Signed:	Initials		Date of Decision (If different from Date Signed):

Diseases of Animals (Jersey) Law 1956: Revocation of Various Orders

DEPARTMENT OF THE ENVIRONMENT

Proposal to revoke six Orders under the Diseases of Animals (Jersey) Law 1956.

(Public)

Purpose of the Report

It is proposed that the Minister for the Environment make an Order to revoke the following Orders under the Diseases of Animals (Jersey) Law 1956:

 Importation of Equine Animals (Jersey) Order 1958

 Cattle Plague (Jersey) Order 1958

 Fowl Typhoid (Jersey) Order 1959

 Parasitic Mange (Jersey) Order 1958

 Virus Hepatitis (Jersey) Order 1958

 Teschen Disease (Jersey) Order 1975 and

 Warble Fly (Jersey) Order 1984

Background

 Importation of Equine Animals (Jersey) Order 1958 places restrictions on the import of equine animals imported into Jersey. Equine imports are prohibited without a health certificate. The Order extends the definition of “disease” in Article 1 of the Diseases of Animals (Jersey) Law 1956 to include encephalomyelitis, equine virus abortion, horsepox, influenza, ringworm, strangles and ulcerative lymphangitis.

For many years, horses have been imported to Jersey from UK and other Channel Islands without veterinary health certification. The point at which this Order was no longer enforced cannot reasonably be established.

Horses imported from Europe are subject to controls laid down in relevant EU legislation and Decisions.

Many of the diseases made notifiable by the 1958 Order are now rare and with the exception of viral encephalomyelitis, none are subject to government control in UK and responsibility for diagnosis and control is a private matter for owners and their veterinary advisers.

 Cattle Plague (Jersey) Order 1958 provides the Minister with powers where he/she believes disease or suspects disease is present in cattle, sheep and goats, and all other ruminating animals and swine to control the disease which include powers to; slaughter, carry out a veterinary enquiry, declare an infected place, set rules applicable to an infected place including movement restrictions and for cleansing and disinfection.

The World Organisation for Animal Health (OIE) reports the world was officially free from Cattle Plague also known as Rinderpest infection in May 2011. The last outbreak in Great Britain was in 1877.

 Fowl Typhoid (Jersey) Order 1959 provides the Minister with powers where he/she believes or suspects disease is present to; detain poultry on a premises, carry out a veterinary enquiry, declare an infected place, set rules applicable to an infected place including movement restrictions, cleansing and disinfection and require treatment of poultry.

The disease was an important cause of economic loss in poultry before stringent control and eradication measures were introduced. It is now found only rarely in backyard flocks and it is appropriate control is a private matter.

Fowl Typhoid is not a notifiable disease in the UK. The last outbreak reported in Jersey was in 1959.

 Parasitic Mange (Jersey) Order 1958 provides the Minister with powers where he/she believes or suspects disease is present requiring any horse; affected or suspect of having disease to be examined by the Veterinary Officer, to be detained and treated, exposed to infection to be treated and for cleansing and disinfection.

When horses were used as draft animals in agriculture, government controls were applied to parasitic mange to minimise loss of working days and promote fit and healthy animals which played a key role in food production. It is no longer appropriate to apply official controls which can be applied privately.

Parasitic Mange is not notifiable in the UK.

 Virus Hepatitis (Jersey) Order 1958 provides the Minister with powers where he/she believes or suspects disease is present to detain poultry and eggs on any premises, set rules applicable to a premises or any treatment and require cleansing and disinfection of the premises.

The disease has not been recorded in Jersey and in the unlikely event there is an incursion, it is appropriate control is a private matter.

Virus Hepatitis is not a notifiable disease in the UK.

 Teschen Disease (Jersey) Order 1975 makes Teschen Disease a notifiable disease under Article 1 of the Diseases of Animals (Jersey) Law 1956 and provide the Minister with powers where he/she believes or suspects disease is present to require any pigs or carcases; affected or suspect of having disease to be examined by the Veterinary Officer, declare an infected place, set rules applicable to an infected place including movement restrictions and for cleansing and disinfection.

Teschen disease is no longer a notifiable in the EU, Commission Decision 2008/650/EC refers. It is appropriate control is a private matter.

 Warble Fly (Jersey) Order 1984 makes Warble Fly a notifiable disease under Article 1 of the Diseases of Animals (Jersey) Law 1956 and provides the Minister with powers to require any cattle, sheep, goat and horse infected with the maggots of the warble fly to be treated within the treatment season period commencing on the 15 March and ending on 30 June in each year.

This parasitic infestation was made notifiable when there was significant economic loss caused by gadding and hide damage. A successful eradication program was implemented with the last outbreak reported in Jersey in 1984.

Warble fly remains notifiable in cattle only in Scotland as the England and Wales regulations were revoked from 1 April 2015.

Discussion

The requirement to certify, test or isolate equine imported as required under the Importation of Equine Animals (Jersey) Order 1958 is outdated. Equines imported into Jersey from the UK have not been subject to health certification for very many years and imports from the rest of the EU and Third Countries must be accompanied by a valid health certificate.

The need for the other Orders is considered unnecessary because the specific diseases are not of major economic importance nor zoonotic and it is disproportionate for government to apply controls at tax payers expense. Control measures, including treatment when appropriate, can be implemented by owners and industry in conjunction with their private veterinary advisers.

Conclusion

The proposed revocations are proportionate and reflect changes in disease incidence and control as well as international animal health trade requirements.

Recommendation

The Minister is recommended to make an Order to revoke the Importation of Equine Animals (Jersey) Order 1958, Cattle Plague (Jersey) Order 1958, Fowl Typhoid (Jersey) Order 1959, Parasitic Mange (Jersey) Order 1958, Teschen Disease (Jersey) Order 1975, Virus Hepatitis (Jersey) Order 1958, and the Warble Fly (Jersey) Order 1984.

Written by:	States Veterinary Assistant

Approved by:	Director for Environment / Deputy Chief Officer

[File Ref]

Ministerial Decision ref: MD-PE-2016-0014

20 January 2016