Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958

DISEASES OF ANIMALS (IMPORTATION OF MISCELLANEOUS GOODS) (JERSEY) ORDER 1958 Revised Edition 02.400.20 Showing the law as at 1 January 2006 This is a revised edition of the law Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 Arrangement Revised Edition – 1 January 2006 Page - 3 02.400.20 DISEASES OF ANIMALS (IMPORTATION OF MISCELLANEOUS GOODS) (JERSEY) ORDER 1958 Arrangement Article 1 Interpretation ................................................................................................... 5 2 Control on importation .................................................................................... 5 3 Provision as to directions, licences and authorizations ................................... 5 4 Citation ............................................................................................................ 6 SCHEDULE 1 7 SCHEDULE 2 12 (PROHIBITION NO. 1(3)) 12 SCHEDULE 3 13 (PROHIBITION NO. 2) 13 SCHEDULE 4 15 (PROHIBITION NO. 5) 15 DECLARATION IN RESPECT OF FERTILIZERS NOT CONTAINING MATERIALS OF ANIMAL ORIGIN, ETC. 15 Supporting Documents ENDNOTES 16 Table of Legislation History ......................................................................................... 16 Table of Renumbered Provisions .................................................................................. 17 Table of Endnote References ........................................................................................ 18 Arrangement Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 Page - 4 Revised Edition – 1 January 2006 02.400.20 Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 Article 1 Revised Edition – 1 January 2006 Page - 5 02.400.20 DISEASES OF ANIMALS (IMPORTATION OF MISCELLANEOUS GOODS) (JERSEY) ORDER 19581 THE ECONOMIC DEVELOPMENT COMMITTEE, in pursuance of Articles 13 and 42 of the Diseases of Animals (Jersey) Law 1956,2 orders as follows – Commencement [see endnotes] 1 Interpretation3 In this Order – “Communities” has the same meaning as in the European Communities (Jersey) Law 1973;4 and “Continent of Europe” means all countries in Europe and includes the islands adjacent thereto but excludes the British Islands and the Republic of Ireland. 2 Control on importation The importation into Jersey of the goods mentioned in column 2 of Schedule 1 originating in or brought from the countries mentioned in column 3 of the said Schedule is prohibited except as provided in column 4 of the said Schedule. 3 Provision as to directions, licences and authorizations (1) The provisions of this Order are subject to – (a) any direction which may at any time be given by or on behalf of the Minister; and (b) any licence or authorization which may be granted under this Order by or on behalf of the Minister. Article 4 Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 Page - 6 Revised Edition – 1 January 2006 02.400.20 (2) Every person holding a licence or authorization granted under this Order shall comply with every condition subject to which that licence or authorization is granted. (3) Any licence granted under this Article may be revoked, suspended or varied at any time by the Minister. (4) Any direction, licence or authorization given or granted under the Diseases of Animals (Importation of Goods) (Control) (Jersey) Order 1952, and subsisting immediately before the coming into force of this Order shall continue to have effect as though given or granted under this Order. 4 Citation This Order may be cited as the Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958. Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 SCHEDULE 1 Revised Edition – 1 January 2006 Page - 7 02.400.20 SCHEDULE 1 Prohibition Number. Description of Goods. Country of origin. Exceptions. 1 Hay, straw, reed, grass meal and cubes and mixtures containing grass meal. All countries, excluding the Bailiwick of Guernsey and member states of the Commun ities. 5 2 Fertilizers containing bones and bone shavings, steamed bone flour, bone meal, meat meal, dried blood, horns and hoofs of animals and meal and shavings thereof, and any other materials of animal origin (other than goods to which Prohibition No. 4 applies), shoddy and any other form of waste wool, and all mixtures containing any of the said substances. All countries, excluding the Republic of Ireland, Australia and New Zealand. This prohibition shall not apply to importations from the United Kingdom in respect of each consignment of which there is delivered to the Minister – (a) a certificate (or a certified copy thereof) issued by a Veterinary Officer of the Ministry of Agriculture, Fisheries and Food for England and Wales or of the Department of Agriculture for Scotland or the Ministry of Agriculture for Northern Ireland (as the case may require) to the effect that the factory from which the goods are consigned is equipped with apparatus capable of treating such goods at a temperature exceeding 165 degrees Fahrenheit; and (b) a declaration, made within 14 days of the date of shipment, by the Director, Manager or Secretary of the factory from which such goods are consigned, in the form set out in Schedule 3 to this Order, and containing the several particulars required thereby; the requirements of the Ministry of Agriculture, Fisheries and Food for England and Wales, the Department of Agriculture for Scotland and the Ministry of Agriculture for Northern Ireland mentioned in the said declaration being as follows – (i) that sterilization was effected in the said factory at a temperature in excess of 165 degrees Fahrenheit, or by other process approved by the appropriate Ministry or Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 Page - 8 Revised Edition – 1 January 2006 02.400.20 Prohibition Number. Description of Goods. Country of origin. Exceptions. Department, (ii) that the sterilized goods were packed at the said factory in new sacks or in second-hand sacks which had been disinfected with a 5% solution of standard phenol or with a disinfectant of equal efficiency since their last previous use for any purpose, and that every precaution was taken to prevent re-infection of the sterilized goods by contact with unsterilized material, (iii) that the vehicles or barges used to convey the goods from the said factory to ship were previously treated with a disinfectant approved by the appropriate Ministry or Department, or with a 5% solution of standard phenol in a manner approved by the appropriate Ministry or Department, and (iv) that the ship or ships used to convey the goods were similarly treated, if, during the previous 60 days, they had touched at any port outside the British Islands, Iceland or the Faroe Islands. 6 3 Peat of all descriptions, moss litter and leaf mould. All countries excluding member states of the Commun ities. 7 4 Bacterized sewage. All countries. This prohibition shall not apply to importations from Great Britain in respect of each consignment of which there is produced a declaration signed by the Director, Manager or Secretary of the factory from which the sewage is consigned, stating that the sewage comprised in the consignment has been sterilized in the process of manufacture by being raised to a temperature of not less than 165 degrees Fahrenheit. 5 Fertilizers not containing any of the materials referred to in column 2 of All countries. This prohibition shall not apply to fertilizers in respect of each consignment of which there is delivered to the Minister a Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 Revised Edition – 1 January 2006 Page - 9 02.400.20 Prohibition Number. Description of Goods. Country of origin. Exceptions. Prohibition No. 2. declaration in the form set out in Schedule 4 to this Order, containing the several particulars required thereby and signed by the Director, Manager or Secretary of the factory from which such goods are consigned. 8 6 Animals with a cloven hoof. All countries. 7 Ova and embryos of animals with cloven hoofs All countries. 9 8 Coypu. All countries. 9 Grey Squirrel. All countries. 10 Muskrat. All countries. 11 Fox. All countries. 10 12 Mink. All countries. 11 13 Live lobsters of the species Homarus americanus. All countries. 12 14 Reptiles. All countries. 15 Live rabbits and hares. All countries. 16 Dead rabbits and hares and the skins thereof. All countries excluding the United Kingdom and the Republic of Ireland This prohibition shall not apply to carcases from which the skins have been entirely removed. 13 17 Meat, being any part of an animal fit for human consumption. All countries This prohibition shall not apply – (a) to meat from the United Kingdom or meat originating in a country other than the United Kingdom which has been imported from the United Kingdom and which complies with the requirements for the time Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 Page - 10 Revised Edition – 1 January 2006 02.400.20 Prohibition Number. Description of Goods. Country of origin. Exceptions. being in force relating to the importation of such meat into the United Kingdom; (b) to corned meat; (c) to meat (including canned meat) which has been subjected to a process of cooking throughout its whole substance so as to render it unnecessary for it to be further cooked before being used for human consumption; and to fully cured bacon and ham originating in Belgium, Cyprus, Denmark, Holland, Italy, Luxemburg, Sweden, Switzerland, Western Germany or Poland (excluding any area within 60 kilometres of the Czechoslovakian frontier) in respect of which there has been furnished to the Minister a certificate signed by a duly authorized officer of the Government of the country in which the bacon or ham has been cured describing fully the process of curing to which it has been subjected, which shall be one of the following – (i) pumping with brine under a pressure of 80 lb or more to the square inch and subsequently soaking in brine or dry-salting for a period of not less than 4 days, or (ii) salting (wet-salting or dry-salting) for a period of not less than 10 days: Provided that – (A) in the case of bacon or ham cured in or brought from Denmark, Holland, Sweden or that part of Poland situated more than 60 kilometres from the Czechoslovakian frontier, the above-mentioned certificate shall not be required if every side or piece of such bacon or ham is stamped or branded with an official stamp or brand of a pattern prescribed by the regulations of the Government of the country in which, or from which, the bacon or ham has been cured or brought and recognized by the Minister, (B) in respect of each consignment of bacon or ham cured in or brought from Poland there has been furnished to the Minister a certificate signed by a duly authorized officer of the Government of that country to the effect that the bacon or ham originated in a part of Poland situated more than 60 kilometres from the Czechoslovakian frontier, and Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 Revised Edition – 1 January 2006 Page - 11 02.400.20 Prohibition Number. Description of Goods. Country of origin. Exceptions. (C) in respect of each consignment of fully cured bacon or ham originating in Italy there has been furnished to the Minister a certificate signed by a duly authorized officer of the Government of that country to the effect that the bacon or ham was cured after the thirteenth day of April, 1970, and that the animals from which the bacon or ham is derived were in Italy for at least 28 days immediately prior to being slaughtered. 14 18 Rawhide. Continent of Europe. 19 Unboiled fats. Continent of Europe. 20 All feeding stuffs containing protein originating from animals. All countries. This prohibition shall not apply to – (a) milk and milk products; (b) dicalcium bone phosphate; (c) dog biscuits and similar manufactured dog foods containing bone meal or meat meal. 15 SCHEDULE 2 Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 Page - 12 Revised Edition – 1 January 2006 02.400.20 SCHEDULE 2 (PROHIBITION NO. 1(3)16) I certify that the packing used in a shipment consisting of …............................................................ cases, with the following identification markings …………………………… ….............................................................................................. …….......................................................................................... . …............. consigned by me/us to …...................................... of …............................................. per SS ….............................. sailing …...................................................... has been effectively disinfected by being …........................................... (state here the method of disinfection) ……......................... Signed ….......................................... (Consignor) Address …................................................................................. Signed and declared this …............ day of …................ 20 …........... In the presence of …....................................................................... …...............................(Title). Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 SCHEDULE 3 Revised Edition – 1 January 2006 Page - 13 02.400.20 SCHEDULE 3 (PROHIBITION NO. 2) 1. Precise description of the goods for which the permit is required. 2. Designation and address of the factory from which the goods are consigned, giving full particulars. 3. Port of loading. 4. Name and full address of consignee. 5. Premises to which the goods will be moved. 6. Supplementary remarks, if any. I, the undersigned (a) …............................................................ of the (b) …................................. factory of (c) …................................... declare on their behalf that the goods referred to above have been sterilized in accordance with the requirements of the [Ministry of Agriculture, Fisheries and Food for England and Wales] [Department of Agriculture for Scotland] [Ministry of Agriculture for Northern Ireland] (d), and I therefore apply for permission to land this consignment of the said goods and undertake to observe all the conditions governing the importation of such goods into Jersey. Signature …........................................................................ Address …........................................................................... Date ….................................................... Witness …............................................................................ (a) State whether Director, Manager or Secretary. (b) State designation and address of the factory from which the goods are consigned. (c) State name or other designation of the owners of the factory. (d) Strike out whichever is inapplicable. Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 Page - 14 Revised Edition – 1 January 2006 02.400.20 Notes. (1) Fertilizers containing bones and bone shavings, steamed bone flour, bone meal, meat meal, dried blood, horns and hoofs of animals, and meal and shavings thereof, and any other materials of animal origin (other than bacterized sewage), shoddy and any other form of waste wool and all mixtures containing any of the said substances, originating in or brought from countries other than the United Kingdom, the Republic of Ireland, Australia or New Zealand may not be imported into Jersey. (2) Feeding stuffs containing protein originating from animals other than – (a) milk and milk products; (b) dicalcium bone phosphate; (c) dog biscuits and similar manufactured dog foods containing bone meal or meat meal, may not be imported into the Island of Jersey, irrespective of the country in which they originate or from which they are brought.17 Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 SCHEDULE 4 Revised Edition – 1 January 2006 Page - 15 02.400.20 SCHEDULE 4 (PROHIBITION NO. 5) DECLARATION IN RESPECT OF FERTILIZERS NOT CONTAINING MATERIALS OF ANIMAL ORIGIN, ETC.18 1. Precise description of goods including weight and number of packages. 2. Designation and address of the factory from which the goods are consigned, giving full particulars. 3. Port of loading. 4. Name and full address of consignee. 5. Premises to which the goods will be moved. 6. Supplementary remarks, if any. I, the undersigned (a) …..................................................... of the (b) ….................................................................................. factory of (c) …................................................................................................. . declare on their behalf that no bones, bone shavings, steamed bone flour, bone meal, meat meal, dried blood, horns or hoofs of animals or meal or shavings thereof, or any other materials of animal origin (other than bacterized sewage), shoddy or any other form of waste wool or any mixture containing any of the said substances were used in manufacturing the goods referred to in paragraph 1 of this Certificate. Signature …........................................................... Address …............................................................. Date ….......................................... Witness ….................................................................... (a) State whether Director, Manager or Secretary. (b) State designation and address of the factory from which the goods are consigned. (c) State name or other designation of the owners of the factory. Endnotes Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 Page - 16 Revised Edition – 1 January 2006 02.400.20 ENDNOTES Table of Legislation History Legislation Year and No Commencement Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 R&O.3964 1 December 1958 Diseases of Animals (Amendment of Orders) (Jersey) Order 1958 R&O.3999 1 December 1958 Diseases of Animals (Importation of Miscellaneous Goods) (Amendment) (Jersey) Order 1961 R&O.4211 1 March 1961 Diseases of Animals (Importation of Miscellaneous Goods) (Amendment No. 2) (Jersey) Order 1964 R&O.4579 1 September 1964 Diseases of Animals (Importation of Miscellaneous Goods) (Amendment No. 4) (Jersey) Order 1967 R&O.5009 9 December 1967 Diseases of Animals (Importation of Miscellaneous Goods) (Amendment No. 9) (Jersey) Order 1970 R&O.5408 17 September 1970 Diseases of Animals (Importation of Miscellaneous Goods) (Amendment No. 10) (Jersey) Order 1972 R&O.5721 28 September 1972 Diseases of Animals (Importation of Miscellaneous Goods) (Amended No. 11) (Jersey) Order 1977 R&O.6478 17 November 1977 Diseases of Animals (Importation of Miscellaneous Goods) (Amendment No. 12) (Jersey) Order 1980 R&O.6752 7 January 1980 Diseases of Animals (Importation of Miscellaneous Goods) (Amendment No. 13) (Jersey) Order 1988 R&O.7776 28 July 1988 Diseases of Animals (Importation of Miscellaneous Goods) (Amendment No. 14) (Jersey) Order 1988 R&O.7805 22 September 1988 Diseases of Animals (Importation of Miscellaneous Goods) (Amendment No. 15) (Jersey) Order 1988 R&O.7806 22 September 1988 Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 Endnotes Revised Edition – 1 January 2006 Page - 17 02.400.20 Legislation Year and No Commencement Diseases of Animals (Importation of Miscellaneous Goods) (Amendment No. 16) (Jersey) Order 1999 R&O.9393 12 May 1999 Diseases of Animals (Importation of Miscellaneous Goods) (Amendment No. 17) (Jersey) Order 2003 R&O.40/2003 14 May 2003 States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005 R&O.132/2005 9 December 2005 Table of Renumbered Provisions Original Current FIRST SCHEDULE SCHEDULE 1 Prohibition 1(1) repealed by R&O.40/2003 1(2) repealed by R&O.9393 1(3) repealed by R&O.40/2003 Prohibition 6 repealed by R&O.40/2003 7 6 7A 7 8 8 9 9 10 10 10A 11 10B 12 10C 13 11 14 12 15 13 16 14 17 14A repealed by R&O.5009; former paragraph inserted by R&O.4211 15 18 16 19 17 20 SECOND SCHEDULE SCHEDULE 2 THIRD SCHEDULE SCHEDULE 3 FOURTH SCHEDULE SCHEDULE 4 Endnotes Diseases of Animals (Importation of Miscellaneous Goods) (Jersey) Order 1958 Page - 18 Revised Edition – 1 January 2006 02.400.20 Table of Endnote References 1 This Order has been amended by the States of Jersey (Amendments and Construction Provisions No. 3) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government 2 chapter 02.400 3 Article 1 definition “Port Officer” deleted by R&O.3999, definition “shipped direct” deleted by R&O.40/2003 4 Article 1 chapter 17.210 definition “Communities” inserted by R&O.40/2003 5 Schedule 1 Prohibition No.1 amended by R&O.3999, R&O.9393, R&O.40/2003 6 Schedule 1 Prohibition No. 2 amended by R&O.3999, R&O.7806 7 Schedule 1 Prohibition No. 3 amended by R&O.40/2003 8 Schedule 1 Prohibition No. 5 amended by R&O.3999, R&O.7806 9 Schedule 1 Prohibition No. 7 inserted by R&O.6752 10 Schedule 1 Prohibition No. 11 inserted by R&O.6478 11 Schedule 1 Prohibition No. 12 inserted by R&O.6478 12 Schedule 1 Prohibition No. 13 inserted by R&O.7776, amended by R&O.7805 13 Schedule 1 Prohibition No. 16 amended by R&O.5408 14 Schedule 1 Prohibition No. 17 substituted by R&O.4211, amended by R&O.4579, R&O.5009, R&O.5408, R&O.5721 15 Schedule 1 Prohibition No. 20 inserted by R&O.7806 16 exception (3) was repealed by R&O.40/2003 17 Schedule 3 amended by R&O.7806 18 Schedule 4 heading and Schedule amended by R&O.7806