Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

S.L. 437.93 · Measures For The Control Of Avian (S.L. 437.93)

S.L. 437.93 Art. 3Definitions.

In KraftAmtlicher Text

For the purposes of these rules, the following definitions shall apply: "avian influenza" means any of the influenza infections so described in Schedule I(1); "carcase" means poultry or other captive birds which have died or have been killed and are unfit for human consumption, or parts thereof; "commercial poultry holding" means a holding where poultry are kept for commercial purposes; "competent authority" means the Veterinary Services; "Community vaccine bank" means appropriate premises designated in accordance with rule 59(1) for the storage of Community reserves of avian influenza vaccines; "contact holding" means a holding where avian influenza could have come from or have been introduced to as a result of its

*These rules have been repealed by Legal Notice 77 of 2025. location, the movement of persons, poultry or other captive birds, vehicles or in any other way; "day-old chicks" means all poultry less than seventy-two hours old, not yet fed, and muscovy ducks (Cairina or their moschata) crosses, less than seventy-two hours old, whether or not fed; "diagnostic manual" means the diagnostic manual provided for in rule 51(1); "highly pathogenic avian influenza (HPAI)" means any of the avian influenza infections so described in Schedule I; "Differentiating Infected from Vaccinated Animal (DIVA) strategy" means a vaccination strategy which enables a differentiation to be made between vaccinated/infected and vaccinated/non-infected animals through the application of a diagnostic test designed to detect antibodies against the field virus and the use of non-vaccinated sentinel birds;

"disposing of" means the act of collecting, transporting, storing, handling, processing and using or disposing of animal by-products in accordance with:

(a) Regulation (EC) No 1774/2002; or

(b) rules to be adopted under the procedure referred to in rule 64(2); "flock" means all poultry or other captive birds within a single production unit; "holding" means any agricultural or other premises, including hatcheries, circuses, zoos, pet bird shops, bird markets, and aviaries, where poultry or other captive birds are being bred or kept:

Provided that this definition does not include slaughterhouses, means of transport, quarantine facilities and centres, border inspection posts and laboratories authorised by the competent authority to hold avian influenza virus; "killing" means any process other than slaughter causing the death of a mammal, poultry or other captive birds; "low pathogenic avian influenza (LPAI)" means any of the avian influenza infections so described in Schedule I(3); "mammal" means an animal of the class except Mammalia, humans: "non-commercial holding" means a holding where poultry or other captive birds are kept by their owners:

(a) for their own consumption or use; or

(b) as pets; "official veterinarian" means the veterinarian designated by the competent authority; "official supervision" means the actions taken by the competent authority to verify that the requirements of these rules and of any instructions from that authority as to how those requirements should be met are being, or have been, complied with;

"official surveillance" means the action of careful monitoring by the competent authority of the health status of poultry or other captive birds or mammals on a holding in relation to avian influenza; "officially registered rare breeds of poultry or other captive birds" means any poultry or other captive birds that the competent authority has officially recognised as a rare breed within their contingency plan provided for in rule 63; "other captive bird" means any bird other than poultry that is kept in captivity for any reason other than those referred to in the definition of "poultry" including those that are kept for shows, races, exhibitions, competitions, breeding or selling;

"outbreak" means a holding where avian influenza has been confirmed by the competent authority;

"owner" means any person or persons, either natural or legal having ownership of poultry or other captive birds, or charged with keeping such, whether or not for commercial purposes; "poultry" means all birds that are reared or kept in captivity for the production of meat or eggs for consumption, the production of other products, for re-stocking supplies of game birds or for the purposes of any breeding programme for the production of these categories of birds; "poultry compartment" or "other captive birds compartment" means a holding or holdings under a common biosecurity management system containing a poultry or other captive birds sub-population with a distinct health status with respect to avian influenza subjected to appropriate surveillance, control and biosecurity measures; "poultry or other captive birds suspected of being infected" means any poultry or other captive birds exhibiting clinical signs or showing post-mortem lesions or reactions to laboratory tests which are such that the presence of avian influenza cannot be excluded; "primary outbreak" means an outbreak not epidemiologically linked with a previous outbreak in the same region of a Member State or the first outbreak in a different region of the same Member State;

"production unit" means a unit on a holding which the official veterinarian is satisfied is completely independent of any other unit in the same holding in terms of its location and day-to-day management of the poultry or other captive birds kept there; "slaughter" means any process causing the death of a mammal or poultry by bleeding, for the purpose of human consumption; "suspected outbreak" means a holding where the competent authority suspects the presence of avian influenza; "wild bird" means a free-living bird which is not kept on any holding. CHAPTER II

PREVENTIVE BIOSECURITY, SURVEILLANCE, NOTIFICATIONS AND EPIDEMIOLOGICAL INQUIRIES