ARCHIVE: Legislation

Animal Health Act 1981

The Animal Health Act 1981 provides the powers for the control of Foot and Mouth Disease.

The 1981 Act, together with the Foot and Mouth Disease (England) Order 2006, which is made under it provides for the following measures:

  • Power of entry to premises for the purpose of veterinary inquiry;
  • slaughter of affected, suspected or exposed animals;
  • seizure and control of affected carcases and things;
  • cleansing and disinfection of premises, vehicles and people;
  • movement controls on people, animals and vehicles;
  • slaughter (and payment of compensation) of animals on welfare grounds arising as a result of movement controls;
  • other controls in a number of control zones.

Animal Health Act 2002

The Animal Health Act 2002 amended the Animal Health Act 1981 and supplemented its existing powers by allowing animals to be slaughtered wherever this is necessary to prevent the spread of disease.

However, the 2002 Act amendments require the Secretary of State to publish the reasons for using this preventive slaughter power, prior to exercising it. Emergency vaccination would have to be considered prior to any preventive slaughter powers, and, if not used, the reasons would have to be published.

The 2002 Act amendments allow vaccinated animals to be slaughtered and require compensation at the market value for such animals to be paid. They also provided for the publication and annual review of this Contingency Plan and required the publication of Biosecurity guidance. They strengthen enforcement powers, including improved powers of entry to farms; require reasonable assistance for the purposes of slaughter, vaccination and testing; and increase penalties.

European Union (EU) Legislation

Council Directive 2003/85/EC, adopted in September 2003, updated measures contained in previous Directives, taking into account scientific progress and experience gained in eradicating the disease in the EU in 2001. It sets out minimum control measures Member States must take against Foot and Mouth Disease and allows stricter measures to be taken if the disease situation requires it. It requires rapid action to be taken as soon as disease is suspected, including movement controls.

The ban on prophylactic (routine) vaccination, which has been in place across the EU since 1992, is maintained in the new Directive, though emergency vaccination is moved to the forefront of our control strategies in the event of an outbreak. However, under both Directive 85/511 and Directive 2003/85 the required basic disease control policy is the slaughter of all susceptible animals on premises infected with Foot and Mouth Disease and those identified as “dangerous contacts”.

Other features of Directive 2003/85 include:

  • provision for the adoption of “special measures” (including possible protective emergency vaccination and derogation from slaughter) to be applied in premises including laboratories, zoos, and wildlife parks and to allow the conservation of “farm animal genetic resources”

the requirement for Member States “to prepare all arrangements necessary for emergency vaccination in an area at least the size of the Surveillance Zone” as soon as the first case of Foot and Mouth Disease is confirmed.

  • details of the treatment required for animal health reasons for meat and meat products and milk and milk products from animals from the Protection, Surveillance and Vaccination Zones. Such treatments include heat treatment or deboning and maturation of meat and pasteurisation of milk.

Secondary Legislation

Council Directive 2003/85 was transposed into domestic legislation in late 2005/early 2006 by the introduction of three separate pieces of secondary legislation:

The Animal Health Act 1981 (Amendment) Regulations 2005 - These Regulations take account of the Directive by making a minor technical amendment to the Animal Health Act 1981 to change the Secretary of State’s previous discretion to slaughter susceptible animals on infected premises to a duty to slaughter on infected premises only. This does not represent any change to policy but is merely to bring the 1981 Act into line with the Directive. The amendments made by the Regulations also allow certain exceptions to this duty to slaughter in laboratories, zoos, wildlife parks, for rare breeds and separate production units.

The Foot and Mouth Disease (Control of Vaccination) (England) Regulations 2006 (PDF Link to the OPSI website) - These transpose the vaccination provisions of the Directive. The Regulations move the potential use of emergency vaccination to the forefront of disease control, as an adjunct to the basic slaughter policy. The Regulations ban vaccination except under licence by the Secretary of State and also ban the export of vaccinated animals to other EU or EEA states. The Regulations also similarly provide for zones of control, both for where vaccination takes place and where it is expressly prohibited, and introduces treatments for meat and other animal products from vaccinated animals.

Foot and Mouth Disease (England) Order 2006 - This transposes the bulk of the Foot and Mouth Disease Directive, as well as some additional provisions preserved from the Foot and Mouth Disease Order 1983 (which is repealed). Under the Order, the slaughter of susceptible animals on infected premises remains the principal tool for tackling an Foot and Mouth Disease outbreak. The Order sets out the procedures and controls required on suspicion and confirmation of Foot and Mouth Disease and provides for a number of zones of different levels of control. In particular, the Order introduces a number of treatments, such as heat treatment (cooking) and deboning and maturation, that have to be applied to meat and other animal products from infected areas.

The Animal By-Products Order 1999 (as amended)

This Order prohibits the feeding to livestock of certain categories of catering waste whether that waste has been processed or unprocessed. It also removes the possibility of non-mammalian animal by-products being rendered for the production of swill for feeding to pigs or poultry.

The Foot-and-Mouth Disease (Packing Materials) Orders of 1925 and 1926

These require all hay or straw which has been used as packing to be kept away from all animals and, unless it is used again as packing, or returned in a crate or box to be so used again, to be destroyed. No trees, plants etc., packed in straw or hay may be exposed for sale or stored in any place where animals are exposed for sale.

The Transport of Animals (Cleansing and Disinfection) (England) Order 2003

The Order specifies that vehicles and equipment used to transport animals must, with very few exceptions, be cleansed and if necessary disinfected after the animals have been unloaded and before any further animals are loaded. This principle is one of the mainstays of this country's policy on the prevention of the spread of animal diseases and has been for many years.

The legislation to deal with future outbreaks of Foot and Mouth Disease is as follows:

EU Directive

A EU Directive on measures to control Foot and Mouth disease was adopted at Agriculture Council on 29 September 2003.

Page last modified: 2 February 2011