Pest Control Legislation
In the United Kingdom, there are several pieces of legislation which address pests and pest prevention in all industries which must be abided by. Some of the main pieces of legislation include -
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The Destructive Imported Animals Act 1932 - This act makes it an offence to import, keep or release non-indigenous animals. Animals currently included in this Act include - Grey Squirrels, Non-European Rabbits (those other then Oryctalagus cuniculus) and Mink, except under license.
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Public Health Act 1936 - Gives local authorities the power to serve notice requiring necessary action to be taken to kill or remove vermin. Vermin is defined as "In its application to insects and parasites includes their eggs, larvae and pupae"
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Prevention of Damage by Pests Act 1949 - Gives local authorities the duty to secure, as far as is practically possible, a district kept clear of rats and mice in particular. This enables them to carry out periodical inspections of land and premises; to kill rats and mice on land occupied by the authority, and to enforce the duties under the Act of owners and occupiers. Also occupiers of non-agricultural land must notify their local authority if rats and/or mice are present on their land in substantial numbers (although a substantial number is not specified); and authorities may serve notice on the owner/occupier to take action, within a specified period of time.
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The Pests Act 1954 - This Act and the Rabbit Clearance Order no 148 issued in 1972, makes the whole of England and Wales a Rabbit clearance area (excluding the City of London, Isles of Scilly and Skokholm Island). All occupiers have a continuing obligation to control Rabbits living on, or resorting to their land. An occupier within a Rabbit clearance area has unrestricted rights to kill Rabbits on their land by any lawful means except shooting.
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Health Services and Public Health Act 1968 and The Public Health (Infectious Diseases) Regulations 1988 - Where a local authority or port health authority has reason to believe that rats are threatened by or infected with plague or are dying in unusual numbers, they must take measures for destroying all rats in their district and for preventing rats from entering buildings.
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Agriculture (Miscellaneous Provisions Act 1972 (Under Section 19) - Authorises the use of poison against Grey Squirrel in designated counties in England and Wales where there is not a viable Red Squirrel population and only for the protection of Trees.
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Health and Safety at Work Act 1974 - Employers must take necessary procedures to ensure that the health, safety and welfare of employees and the general public is not compromised by the spreading of pathogenic diseases carried by pests, slippery conditions caused by bird guano and contamination of food by pests.
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Wildlife and Countryside Act 1981 - This Act gives protection to species of Bird, Mammal and Amphibian listed and specifies certain methods of control which are permitted for species not protected. To view protected species (Schedule 5) click here; Animals which may not be Killed or Taken by Certain Methods (Schedule 6) click here; Birds which are protected by special penalties (Schedule 1) click here; Birds which may be killed or taken by authorised persons at any time click here.
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The Food Safety Act 1990 - Any organisation that manufactures, processes, stores, distributes, prepares, packages or sells food, must ensure that it is fit for human consumption. It is an offence to sell, supply, advertise or even be in possession of food that is unfit for human consumption. Food and food products must be prevented from being damaged or contaminated by pests, making it unfit for human consumption. Improvement notices and prohibition orders may be imposed on food businesses, processes or equipment if there is any risk of injury or illness to public health.
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The Protection of Badgers Act 1992 - This Act makes it an offence to Kill, injure or take Badgers; attempt to kill injure or take Badgers; have in your possession any dead Badger or part of a Badger; cruelly ill-treat a badger; use Badger tongs; Dig for a Badger; Interfere with a Badger sett; allow a dog to enter a Badger sett; or disturb a Badger Sett.
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The Food Safety (General Food Hygiene) Regulations 1995 - Under no circumstances must food be contaminated by pests, and food premises should have suitable controls in place to protect themselves against pests and protect food against external sources of pests.
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Food premises must be constructed so that there can be no contamination by pests.
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In rooms where food is prepared, treated or processed, windows which can be opened to the outside environment must be fitted with insect-proof screens. Refuse stores must be designed and managed in such a way as to enable them to be protected against access from pests.
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In all food premises, adequate procedures must be in place to ensure pests are controlled.
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All of these pieces of legislation come with a varying degree of penalties ranging from unlimited fines if the case goes to a Crown Court; orders to close the premises; disqualification from catering for up to two years, and up to two years imprisonment.
