What a Regulation 22 means

A Regulation 22 is the working name given to a Notice issued under Regulation 22(1) of the Animals and Animal Products (Import and Export) Regulations 2006. It is the regulation that allows animals to enter the UK even though there has been an error with the legislative ‘process’ of importation, it is issued in order to prevent the destruction of such a consignment provided they can be held in a manner that does not compromise the health status of the UK until the regulation can be released.

When is a Regulation 22 issued?

A Regulation 22 can be issued when an error is identified with a consignment and/or the documentation accompanying it and the consignment can be isolated sufficiently to pose a low risk to the health status of GB.

Who is a Regulation 22 issued to?

A Regulation 22 is served on the importer of the consignment – as they are deemed to be ‘the person appearing to be in charge of those animals’ at the time of the importation and the veterinary checks. It may also be served on the end destination of the consignment if there are no facilities available with the importer.

All isolation facilities must be pre-approved by the Fish Health Inspectorate (FHI).

It is their responsibility to ensure that the terms of the Regulation 22 are complied with.

What is isolation?

An isolated facility must be totally physically separate, have separate equipment, separate procedures (e.g. staff movements maintain separation to any other facilities present) and the stock must remain in the isolation facility until the regulation is released (see Regulation 22 information sheet at the bottom of this page).

Any site named as the detention address for a Regulation 22 must comply with the terms of Annex II of the Regulation.

Failure to do so is a breach of the Regulation 22 which could lead to prosecution and/ or jeopardise any other animals mixed with those controlled under the Regulation 22.

How and when is a Regulation 22 released?

The recipient of the Regulation 22 (the importer) must resolve the problem that resulted in the placing of the Regulation 22.

When documentation issues cannot be resolved the Fish Health Inspectorate (FHI) may sample and test the consignment. This will involve the sacrifice of a minimum of 30 animals and approximately a 2-3 week wait, hopefully, for a negative result. The consignment will be tested for the relevant disease as to the species within the consignment as controlled in England and Wales.

Once the BIP and/ or FHI staff are content the problem has been rectified a Release Notice will be issued. Only once this has been issued can the animals be moved/ traded.

Repeated failures to resolve issues or isolate animals appropriately may lead to future consignments not being permitted to leave the BIP under a Regulation 22 and could lead to the withdrawal of an authorisation or even prosecution.

What if the species involved are non-susceptible tropical species?

Consignments of species that are not susceptible or vector species to the diseases for which we have controls in England and Wales will be issued a Notice under the Aquatic Animal Health Regulations 2009, the legislation under which importers are authorised. This will still require importers to obtain replacement corrected paperwork but will not require the animals to be detained in isolation while this is resolved as tropical species are not considered to pose a risk to the disease controls in England and Wales.

Repeated failures to resolve issues may lead to future consignments not being permitted to leave the BIP under this ‘light touch’ approach and could lead to the withdrawal of an authorisation or even prosecution.

Contact us

The FHI are happy to advise throughout and can be contacted on fhi@cefas.co.uk or 01305 206700.

For more information

Additional detailed information including regarding Regulation 22 can be found in this Regulation 22 information sheet.