1 Title, application and commencement

(1)    These Regulations may be cited as the Zoonoses and Animal By-Products (Fees) (England) Regulations 2010.

(2)    They apply in England only.

(3)    They come into force on 20th July 2010.

NOTES
Initial Commencement
Specified date

Specified date: 20 July 2010: see para (3) above.

2 Interpretation

2Interpretation

In these Regulations—

“the 2005 Regulations” means the Animal By-Products Regulations 2005;

“the European Regulation” means Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents as amended from time to time;

“official control samples” means samples taken by the Secretary of State under any of the following—

(a)    point 2.1.2.2 of the Annex to Commission Regulation (EC) No 1003/2005 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No 2160/2003, as amended from time to time;

(b)    point 2.1 of the Annex to Commission Regulation (EC) No 1168/2006 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in laying flocks of Gallus gallus and amending Regulation (EC) No 1003/2005, as amended from time to time;

(c)    point 1(b) and (c) of the Annex to Commission Regulation (EC) No 646/2007 implementing Regulation 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in broiler flocks of Gallus gallus and repealing Regulation (EC) No 1091/2005, as amended from time to time; or

(d)    point 1(b)(iii) of the Annex to Commission Regulation (EC) No 584/2008 implementing Regulation 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in turkeys, as amended from time to time.

NOTES
Initial Commencement
Specified date

Specified date: 20 July 2010: see reg 1(3).

3 Fees

3Fees

The fees prescribed in the Schedule must be paid to the Secretary of State by the person indicated in the Schedule and must be paid within 14 days of demand.

NOTES
Initial Commencement
Specified date

Specified date: 20 July 2010: see reg 1(3).

4 Revocation

4Revocation

The Zoonoses and Animal By-Products (Fees) (England) Regulations 2009 are revoked.

NOTES
Initial Commencement
Specified date

Specified date: 20 July 2010: see reg 1(3).

Signature

James Paice

Minister of State

Department for Environment, Food and Rural Affairs

30th May 2010

We consent

Angela Watkinson

Michael Fabricant

Two of the Lords Commissioners of Her Majesty's Treasury

22nd June 2010

SCHEDULE

SCHEDULE   Regulation 3
ActivityFee (£)Fee to be paid by:
Taking or supervising the taking of official control samplesA fixed fee of £76 plus £29 per ½ hour (or part of ½ hour) spentThe person in charge of the holding
Examination of official control samples15.30 per sampleThe person in charge of the holding
Processing of an application for approval of a laboratory under Regulation 21 of the 2005 Regulations or Article 12 of the European Regulation13The operator of the laboratory
Processing of annual registration documentation in respect of a laboratory approved under Regulation 21 of the 2005 Regulations or Article 12 of the European Regulation31The operator of the laboratory
Inspecting a laboratory for the purpose of Regulation 21 of the 2005 Regulations or Article 12 of the European Regulation for— The operator of the laboratory
(a)    one test631
(b)    two tests650.50
(c)    three tests670
(d)    four tests689.50
Administering a quality control test under Regulation 21 of the 2005 Regulations or Article 12 of the European Regulation for— The operator of the laboratory
(a)    Salmonella36
(b)    Enterobacteriaceae67
(c)    Clostridium perfringens67
Conducting tests under point 4(b)(i) of part D of Annex II to the European Regulation107.10The person in charge of the holding
Conducting tests under point 4(b)(ii) of part D of Annex II to the European Regulation3,435The person in charge of the holding
Conducting tests under point 4(b)(iii) of part D of Annex II to the European Regulation2,235The person in charge of the holding
NOTES
Initial Commencement
Specified date

Specified date: 20 July 2010: see reg 1(3).

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations, which apply in England, revoke the Zoonoses and Animal By-Products (Fees) (England) Regulations 2009 (SI 2009/2043) and remake them with additional fees for conducting tests under Commission Regulation (EC) No 584/2008 (OJ No L 162, 21.6.2008, p 3). The fee for taking or supervising the taking of official samples, which will affect all poultry farmers covered by this Regulation is increased from £66 to £76. Otherwise the fees are unchanged.

The Regulations make provision for the Secretary of State to charge fees for activities required under Commission Regulation (EC) No 1003/2005 (OJ No L 170, 1.7.2005, p 12), Commission Regulation (EC) No 1168/2006 (OJ No L 211, 1.8.2006, p 4), Regulation (EC) No 2160/2003 (OJ No L 325, 12.12.2003, p 1), Commission Regulation (EC) No 646/2007, Commission Regulation (EC) No 584/2008 and the Animal By-Products Regulations 2005 (SI 2005/2347). The activities and the fees are listed in the table of fees in the Schedule.