UK Offence Report

The Poultry Laying Flocks (Testing and Registration etc.) Order 1989

UK Statutory Instrument 1989 No. 1964 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
19 October 1989
In force from
26 October 1989
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
Animal Health Act 1981

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order which revokes the Testing of Poultry Flocks Order 1989 and the Poultry Laying Flocks (Collection and Handling of Eggs and Control of Vermin) Order 1989 requires the owner or person in charge of a laying flock, that is to say a flock of poultry consisting of not less than 25 birds which are kept for the production of eggs for human consumption (including birds reared for that purpose) or of less than 25 birds the eggs of which are sold for human consumption, to ensure that samples are taken in respect of the flock and are submitted to a laboratory for testing for the presence of salmonella (article 3 and Schedule 1). The Order also requires the person in charge of a laboratory to which any such sample has been submitted for testing to ensure that the test is carried out in a required manner and that the result of the test is reported to the person who submitted the sample and who, if he is not the owner or person in charge of the flock in respect of which the sample was taken, is required to pass the report to the owner or person in charge of the flock (article 4). In addition, the Order requires the owner or person in charge of a laying flock to – 1 comply with certain specified requirements relating to the collection and handling of eggs from the flock (article 5 and Schedule 2); 2 ensure that effective measures are taken to control vermin in poultry houses on the premises on which the flock is kept (article 6); and 3 keep records of samples taken from the flock, of the results of tests on such samples and of the movement of any poultry onto and off the premises on which the flock is kept (article 8 and Schedule 3). The Order also prohibits a person from keeping a laying flock on any premises unless his name is entered in the Laying Flocks Register in respect of those premises, this register being kept by the appropriate Minister (the Minister of Agriculture, Fisheries and Food or the Secretary of State for Scotland or Wales). For the purposes of this requirement, which comes into force on 2nd April 1990, a “laying flock” means a flock of poultry consisting of not less than 100 birds which are kept for the production of eggs for human consumption (excluding birds which are being reared for that purpose). The registration of a person in the Laying Flocks Register in respect of any premises will remain in force for an unlimited period except that the appropriate Minister is required to revoke such registration if he has been notified by the registered person, within 28 days of any anniversary of the date of such registration, that the number of birds kept by that person on the premises is less than 100 and such person has not informed the appropriate Minister that he anticipates that the number of such birds will increase to 100 or more during the 12 months following the date of that anniversary (article 9 and Schedule 4). A registered person is required to notify the appropriate Minister every 12 weeks of the results of tests on samples reported to him under the Order (article 10 and Schedule 5). Until 1st June 1990 samples taken under the Order are required to be tested at laboratories which have the necessary facilities and personnel for carrying out the tests in accordance with the Order and after that date the samples are required to be tested at laboratories authorised in writing by the Minister of Agriculture, Fisheries and Food for this purpose (article 2(2)).

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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