Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006
What this means for your business
- Enforced by
- APHA
- Applies to
- United Kingdom
- On this page
- 43 compliance obligations, 1 practical guide
What you must do
43 compliance obligations under this legislation.
Management duties 37
Check that your poultry premises obey surveillance‑zone rules
Unlimited fineIf the Secretary of State declares a surveillance zone because of avian flu, all commercial poultry premises in that zone must follow the movement restrictions set out in the Order. These rules may be relaxed for racing pigeons or special‑category premises, but the general restrictions still apply unless the Secretary lifts them. Your business must also make sure the authorities know it is a poultry premises and keep records of any moves made.
Cleanse and disinfect premises, equipment and vehicles when HPAI is suspected
If you run a place that could be infected with highly pathogenic avian influenza, or you own or drive a vehicle that might be contaminated, you must clean and disinfect it as directed by a veterinary inspector. This helps stop the disease spreading to other birds, animals or people.
Comply with avian influenza control measures on suspect premises
If your farm, poultry house or other premises is identified as a suspect for avian influenza, the Secretary of State can serve you a notice. You must follow any bio‑security steps set out in that notice – such as movement restrictions, control zones or other actions – to stop the disease spreading.
Comply with avian influenza control measures when notified
If the government suspects that highly‑pathogenic bird flu is present at your premises, a notice will be sent. You must then carry out the disease‑control actions set out in the Order – such as cleaning, disinfecting, restricting movements or culling animals – to stop an outbreak. Acting promptly and keeping good records avoids legal penalties.
Comply with CVO notice and avian influenza control measures
If the Chief Veterinary Officer serves you with a written notice (or declares a restriction zone) under the avian‑influenza order, you must put in place any additional measures they require to control or monitor the spread of the virus in mammals. This means acting promptly on the notice and keeping evidence that you have complied.
Comply with official requirements for traced meat and eggs
If you receive a notice that meat or eggs in your possession have been traced from an infected farm, you must follow the authority’s instructions – either dispose of the product, obtain a licence to move it, ensure each egg consignment is sealed and the transport vehicle cleaned, and do not move any poultry hatched from those eggs for 21 days. Failure to do so can lead to prosecution.
Comply with protection‑zone record‑keeping and bio‑security for poultry premises
Unlimited fineIf you run a premises in a protection zone where poultry or other captive birds are kept, you must keep detailed logs of visitors, bird and egg movements, ensure birds are housed or isolated as directed, obtain licences for any movements of birds, eggs, meat or carcasses, dispose of carcasses as instructed and follow any bio‑security measures required by veterinary inspectors. Breaching these rules can lead to criminal prosecution.
Comply with veterinary‑inspector notices on suspect premises
If the government sends you a notice because a low‑pathogenic avian virus is kept in your lab or your premises are suspected of hosting the virus, you must follow the restrictions and operational measures set out in that notice. You may also be given special exemptions (derogations), but you’ll have to comply with those too and keep records of the work you do.
Control movement and processing of poultry from protection zones
If your business handles poultry that comes from a designated protection zone you must keep it separate from all other poultry, slaughter it separately, clean and disinfect equipment before processing any other birds, and only move it with a veterinary‑inspector licence and an approved zone‑identifying mark. You must also not export such meat, remove its mark, or use raw meat for animal feed or pet food.
Cooperate with veterinary investigations and preserve markings
If a veterinary inspector carries out an investigation on your premises, you must help them – allow them to mark, count, sample and take any people or items they need, and let them return unaccompanied if required. You must not remove or deface any marks they place unless you have written permission from the inspector.
Follow government‑imposed restrictions if HPAI confirmed
Unlimited fineIf the Chief Veterinary Officer confirms that highly pathogenic avian influenza has existed or is present on your poultry or other bird premises within the last 56 days, the Secretary of State will issue a notice. You must comply with the measures specified in that notice – which add extra restrictions to the normal controls – and keep the notice visible and the measures in place until it is lifted.
Follow infection‑control measures at contact premises
If your property is classed as a contact premises – a place that keeps poultry or other captive birds and has been linked to infected sites – you must apply the bio‑security steps set out in Schedule 1 and any extra steps the veterinary inspector adds from Schedule 2. You must keep these measures in place until the inspector tells you they can be lifted or the site is declared infected.
Follow movement restrictions and allow inspections in protection zones
If a protection zone is declared over your poultry premises, you must stop moving poultry, poultry meat or related products in, out of or within that zone unless the Secretary of State says you can. You also have to allow veterinary inspectors to examine your birds and to conduct inquiries at any premises to which goods leave or arrive during the zone.
Follow State‑issued restrictions at your bird premises
Unlimited fineIf the Secretary of State gives you a notice, you must put in place the measures told to you in the Order to stop avian influenza spreading. This could mean stopping movement of birds, culling infected ones, taking samples for testing and following other government‑specified controls. The requirements stop only when the notice expires or the conditions change.
Follow the rules in Schedule 7 when your premises are in a low‑pathogenic avian influenza zone
Unlimited fineIf a low‑pathogenic avian influenza (LPAI) restricted zone is declared around your premises, you must carry out all the measures set out in Schedule 7. These are usually restrictions on poultry movements, slaughter, and other activities that help stop the spread of disease. The zone lasts as long as the authorities keep it in place, so you must keep up‑to‑date with any changes or lifting of restrictions.
Follow veterinary inspector’s instructions for killing, transport and monitoring of mammals
If you keep mammals on a premises where avian influenza is suspected or confirmed, you must kill or slaughter them according to a veterinary inspector’s directions and transport them as instructed. You also have to allow any monitoring the inspector requires. This ensures the disease does not spread.
Follow veterinary measures when notified of avian influenza at your slaughterhouse
Unlimited fineIf the Secretary of State tells you that highly pathogenic avian influenza is suspected or confirmed at your slaughterhouse, you must immediately put in place the veterinary measures set out in the notice. This could involve restricting bird movements, cleaning and disinfecting, allowing veterinary officers in and any other actions the Secretary specifies.
House, isolate and control movement of birds on infected premises
If you run a special‑category premises where avian influenza has been confirmed and you are not killing or slaughtering the birds, you must keep the birds either in suitable housing or, if a veterinary inspector tells you, in isolation. You may not move any bird except to a licensed slaughterhouse or other premises with a veterinary licence, and you must take reasonable steps to stop isolated birds from coming into contact with wild birds.
Implement biosecurity for eggs moved to processing plants
If you run an egg processing plant or transport eggs to one from suspect or infected premises, you must keep those eggs separate, dispose of shells, clean or destroy the transport packaging, ensure all staff follow biosecurity steps, and clean/disinfect any vehicle before loading and after unloading. In short, treat these eggs as high‑risk and follow strict hygiene and separation procedures at all stages.
Implement bio‑security measures on premises where avian influenza is confirmed
If you run a property where avian influenza has been confirmed, you must cooperate with veterinary inspectors and follow any directions they give to stop the virus spreading. This includes helping with carcass disposal, tracing the source, cleaning and disinfecting the site, and you may only restock animals once cleaning is done and a licence has been issued.
Implement disease control measures when low pathogenic avian influenza is confirmed
If low pathogenic avian influenza is confirmed on your farm or premises, you must put in place a range of bio‑security steps. This includes keeping a daily record of all poultry, other captive birds and mammals, restricting movement of birds, animals, people, vehicles and equipment without a veterinary licence, isolating or housing birds as directed, ensuring sealed transport to designated slaughterhouses, disinfecting vehicles and premises, disposing of carcasses, eggs and waste as instructed, and assisting inspectors with tracing and testing.
Implement disease control measures when notified of avian influenza risk
If a veterinary inspector suspects that avian influenza has been present on your premises in the last 56 days, they will serve you a notice requiring you to carry out specific control steps (set out in Schedule 9) to stop the disease spreading. You must follow those steps as instructed.
Implement veterinary‑imposed measures when avian influenza is confirmed
If the Chief Veterinary Officer confirms that avian influenza is present (or has been present in the past 56 days) on your premises, a veterinary inspector will serve you a notice setting out control measures you must follow (listed in Schedules 9 and 10). You must put those measures in place as directed to stay compliant with the law.
Implement veterinary inspector’s notice to control avian influenza
If a veterinary inspector thinks avian influenza could be moved to or from your premises where mammals are kept, they will give you a written notice. You must carry out any bio‑security or movement‑restriction steps set out in that notice, and the site will be classed as a “contact premises”. Failure to follow the notice could lead to enforcement action.
Maintain biosecurity measures in restricted zones for the required period
If your premises are placed in a restricted zone because of low pathogenic avian influenza, you must keep all cleaning, disinfection and movement‑restriction measures in place for at least 21 days after any preliminary cleaning (or 42 days after the outbreak is confirmed) and continue until the minister confirms the risk is negligible. This ensures the disease does not spread from your site.
Manage avian influenza risk at border control posts
If you run a border control post and avian influenza is suspected or confirmed in poultry, other captive birds or kept mammals, you must follow the Secretary of State’s directions – carry out a veterinary inquiry, apply the required control measures, and either kill, slaughter or isolate the animals as instructed, ensuring any killing is done without delay and that other animals are kept isolated under official supervision.
Manage movement and health monitoring of poultry moved from controlled zones
If you take delivery of any poultry that has come from a protection or surveillance zone (for example day‑old chicks, ready‑to‑lay or brood‑and‑move birds) and your farm is outside those zones, you must keep the birds on your site for at least 21 days, record daily health and production data, keep those records for six weeks, allow veterinary checks and put in biosecurity measures such as keeping the birds separate from other animals.
Obtain a veterinary licence before exporting prohibited animal products
If you supply poultry, other captive birds, hatching eggs, used litter, manure or slurry for export, you must first have a licence from a veterinary inspector when those items come from premises where avian‑influenza control measures have been lifted. Without a licence you must not export those goods outside the UK.
Obtain licence before restocking poultry or captive birds
If your premises have had birds killed because of an avian influenza outbreak, you must not put new poultry or other captive birds back on the site until a veterinary inspector grants you a licence. The licence can only be given at least 21 days after the final cleaning and disinfection has been completed.
Obtain testing and licence before moving birds from infected premises
If you run a zoo, circus, pet shop, wildlife park, rescue centre or any other listed special‑category premises and your birds become infected with avian flu, you cannot move live birds until a veterinary inspector has tested them and is satisfied they are not infectious. You also need to get ministerial authorisation if the birds are being moved to a place that falls under another British Islands administration.
Obtain veterinary licence before moving tested mammals
If you have a mammal that has been tested during an avian influenza investigation, you must not move it off your premises until a veterinary inspector confirms it is not infective and issues a licence. Your business must wait for that clearance before any transport, sale or disposal.
Provide facilities and feed/tend restricted poultry or captive birds/mammals
If you become the person entitled to occupy premises when a movement restriction on poultry, captive birds or mammals ends, you must let the previous keeper continue to feed and look after the animals. This means giving them suitable feeding facilities, allowing them (and anyone they authorise) access at reasonable times, and stepping in to feed the animals yourself if the keeper cannot. You also have to pay any reasonable costs incurred for this care.
Separate and dispose of poultry and by‑products when avian flu is suspected or confirmed
If highly pathogenic avian influenza is suspected or confirmed in your slaughterhouse, you must keep any affected birds, their meat and by‑products separate from all other poultry and carcasses. Follow the veterinary inspector’s instructions and, when the disease is confirmed, dispose of or help remove those items as directed.
Slaughter all poultry on site promptly when HPAI is suspected
If you occupy a slaughterhouse and highly pathogenic avian influenza is suspected or confirmed, you must quickly kill all birds on the premises once you receive a notice. You must follow the instructions given by the veterinary inspector when carrying out the slaughter.
Slaughter infected poultry promptly at designated slaughterhouse
If you run a designated slaughterhouse and receive birds from a farm where low‑pathogenic avian influenza has been confirmed, you must have those birds killed or slaughtered quickly under official supervision to stop the disease spreading.
Stop moving prohibited animals and vehicles in a temporary restriction zone
If the government declares a temporary movement restriction zone because of avian flu, you must halt moving poultry, other captive birds, eggs, vehicles that could carry them, and kept mammals within that zone. For kept mammals you must stop within 72 hours unless the Secretary says it can continue, in which case you must review the decision every 72 hours. This means you need to check every transport plan against the zone and pause any such movement immediately.
Wait for inspection clearance before re‑introducing poultry after HPAI
If highly pathogenic avian influenza is suspected or confirmed at a slaughterhouse or border control post, you must not bring poultry (or other captive birds at a border post) back onto the site until a veterinary inspector has confirmed that thorough cleaning and disinfection have been completed and at least 24 hours have passed. Keep a record of the cleaning, the inspector’s sign‑off, and the waiting period before resuming operations.
Notifications 1
Notify the Secretary of State of suspected avian influenza and follow control measures
If you hold, examine or analyse any bird, bird carcass, mammal or mammal carcass and you suspect it may be infected with avian influenza (or you detect antibodies), you must tell the Secretary of State right away and make sure any required control steps (such as isolation, disposal or other measures in the schedules) are carried out.
Other requirements 2
Allow inspectors access to premises for licence decisions
If you occupy premises from which animals or related items are moved under a licence, you must let authorised inspectors enter without delay when they need to decide whether the licence should be granted or kept. You cannot refuse entry unless you have a good reason.
Give only truthful information to officials
When you supply information to anyone carrying out the Avian Influenza Order, you must ensure it is accurate and not misleading. Providing false or deceptive information is a criminal offence, so always check that the data you give is correct before you send it.
Offences and prohibitions 1
Be held liable for corporate offence with officer consent or neglect
Unlimited fineIf your company commits an offence under the Avian Influenza Act and a director, manager or other officer either agreed to it, turned a blind eye, or was negligent, both the company and that officer can be prosecuted. They face the same penalties that apply to the underlying offence, which may include unlimited fines and possible imprisonment.
Record keeping 2
Keep daily records after restocking commercial poultry premises
If you run a commercial poultry business and have restocked your birds, you must write down key information every day for the next 21 days – how many birds you have, how many get sick or die, how much feed (and water if possible) they use, and any eggs produced. Then keep those records for at least six weeks after the last entry.
Record details of licensed poultry movements
If you move poultry, captive birds or their products under a licence, you must write down the key details of each movement – what was moved, how much, the date, who sent it, where it started, the vehicle registration, who received it and where it went – as soon as reasonably possible. You must then keep that record for at least six weeks after the movement is completed.
Penalties for non-compliance
7 penalties under this legislation. 7 carry an unlimited fine.
Check that your poultry premises obey surveillance‑zone rules
Unlimited fine
Comply with protection‑zone record‑keeping and bio‑security for poultry premises
Unlimited fine
Follow government‑imposed restrictions if HPAI confirmed
Unlimited fine
Follow State‑issued restrictions at your bird premises
Unlimited fine
Follow the rules in Schedule 7 when your premises are in a low‑pathogenic avian influenza zone
Unlimited fine
Follow veterinary measures when notified of avian influenza at your slaughterhouse
Unlimited fine
Be held liable for corporate offence with officer consent or neglect
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
90 classified provisions from this legislation.
Duties 59
- Schedule 4 Measures in a protection zone person
- Schedule 6 Measures when low pathogenic avian influenza is confirmed person
- s.9 Notification procedures and precautions to be taken where avian influenza is suspected
- Schedule 10 Measures on premises where influenza of avian origin is confirmed
- s.11 Derogations from restrictions applicable at suspect premises person
- s.12 Veterinary inquiries and sampling The Secretary of State
- s.13 Measures to minimise the risk of the spread of avian influenza from suspect premises
- s.14 Measures to be taken into account in respect of vehicles
- s.15 Measures in a temporary movement restriction zone decision
- s.16 Additional restrictions at suspect premises
- s.17 Declaration of a temporary control zone
- s.19 Restrictions on confirmation of highly pathogenic avian influenza
- s.20 Killing of birds on premises the Secretary of State
- s.22 Measures on special category premises A veterinary inspector
- s.24 Measures when meat and eggs have been traced premises
- s.25 Veterinary inquiry at infected premises The Secretary of State
- s.26 Identification of contact premises
- s.27 Restrictions at contact premises he
- s.29 Size of zones
- s.30 Measures in protection zones The Secretary of State
- ... and 39 more duties
Powers 19
- s.7 Surveillance for avian influenza
- s.21 Movement of birds off premises for killing
- s.23 Tracing of meat and eggs from infected premises
- s.28 Declaration of protection, surveillance and restricted zones
- s.35 Additional measures in protection and surveillance zones
- s.36 Ending of protection, surveillance and restricted zones
- s.42 Control of vehicles
- s.46 Measures when low pathogenic avian influenza is confirmed
- s.48 Movement of eggs from premises where low pathogenic avian influenza is confirmed
- s.55 Declaration of a low pathogenic avian influenza restricted zone
- s.66 Cleansing, disinfection and treatment
- s.70 Measures at other restocked premises
- s.71 Designation of premises to which things may be moved
- s.75 Retention and production of records
- s.76 Duty to comply with declarations, licences and notices
- s.82 General powers of inspectors
- s.83 Powers of inspectors in case of default
- s.85 Enforcement
- Restrictions on the movement of wild game bird pro Restrictions on the movement of wild game bird products originating in a protection, surveillance or restricted zone