An Explanation of the Law 

THE FORMS
7 Form A  Declaration of an infected place.
7 Form B  Withdraws form A.
7 Form C  Place of suspected outbreak.
7 Form D  Animals exposed to infection.
7 Form E  Withdraws form D.


SERVICE OF NOTICES  Animal Health Act 1981 ("the Act")
Service is by hand, by leaving it at the farmer's home or place of business or by post. Service of notice is not a pre-requisite to slaughter. The power to slaughter can be exercised whether or not a notice has been served.


POWERS OF INSPECTION FMD Order
The FMD Order includes an express power for a veterinary inspector to enter farms to inspect animals where the veterinary inspector has reasonable grounds to suppose that disease exists or where it is necessary to ascertain whether disease exists. The vet may examine the animal and take samples for tests. The farmer must provide reasonable facilities to enable this to take place. Neither the Act nor the Order state that the vet must be "clean" but he or she must comply with the requirements of any form A or D notice that has been served in respect of the premises.


SLAUGHTER POWERS the Act
The Minister may slaughter:
infected animals; animals suspected of being infected; animals which have been in contact with infected animals; any animals which appear to have been in any way exposed to the infection of the Foot and Mouth disease. The Minister does not have to prove that the animals have foot and mouth disease. Suspicion of infection or suspicion that the animals have in any way been exposed to the infection is sufficient. Consequently, the farmer is not entitled (under the Act or the Order) to require the Ministry to blood test the livestock. The power to slaughter does not depend upon the Ministry having first served an A or D notice.

THE POWER OF ENTRY
There is an express power for the Ministry to enter farm premises to inspect livestock. There is no express power in the Act for the Ministry to enter farm premises to slaughter livestock with FMD or suspected of having it. It should be noted, however, that such a power is almost certain to be implied by the Courts. The Ministry currently accepts that the implied power to enter premises to slaughter livestock does not amount to a power to enter by force in circumstances where the farmer is opposed to that entry.
Where the farmer opposes entry, the Ministry may seek a Court Order to enter. If the Ministry obtain a Court Order the farmer may have to pay the Ministry's costs of those proceedings. If entry is opposed the farmer should seek legal advice.


ENFORCEMENT & OFFENCES the Act
It is an arrestable offence to: obstruct or impede; or
assist in the obstruction of a constable/Ministry inspector in the execution of his duties under the Act or FMD Order. Breach of the Act or FMD Order is a summary offence punishable by fine. For a second or subsequent offence, a prison term not exceeding one month may be imposed in lieu of a fine.


POLICY
On the basis of epidemiological advice, a three stage policy has been developed as follows: FIRST STAGE: All susceptible animals on infected premises are culled within 24 hours of a report of infection, starting with the infected animals.
SECOND STAGE: All sheep and pigs on contiguous farms are culled within 48 hours of confirmation of the infection subject to the possibility of limited exceptions based on risk assessment. Cattle on contiguous premises will be monitored and not automatically culled. THIRD STAGE:
All sheep and pigs in a three-kilometre zone around infected premises in the Solway area of Dumfries & Galloway and in the Penrith area to be culled as soon as possible.
NB: The three-kilometre zone does not operate outside the counties referred to above.


RESISTING THE CULL
Each case will turn on its own facts and this note is not a substitute for taking advice in an individual case.

I strongly advise Farmers and Pet owners who feel their animals are under threat to contact me immediately.

I will put them in touch with an experienced Legal Team who can advise on each individual case. (Please see attached note with reference to the cost).
If on the facts of a particular case, the farmer believes his livestock have not been exposed to infection, he should make representations (both oral and written) to the Divisional Veterinary Manager.
Relevant facts will include (but are not limited) to the following:
Whether the farm is contiguous to infected premises;
The distance between the livestock units on the two farms; Whether livestock are housed; Whether there has been any contact with infected animals; The time that has elapsed since infection; Bio-security measures taken by the farmer; Prevailing winds; Whether the livestock are pedigree or from a rare breed.
The farmer should consider inviting the Ministry to undertake serological testing for both virus and antibodies.
NB: Slaughter should only be resisted where there are good reasons to believe that the livestock have not been exposed to infection. Where animals are incubating the disease the scientists suggest that it is not possible to undertake tests to confirm that those animals have been exposed to the virus. If infected, however, the animals will start to excrete the virus several days before clinical signs appear. If the animals are found to be infected, sheep and pigs on adjoining farms may be subject to the contiguous cull and cattle will be monitored.
 

How much will it cost? 

The experienced Solicitors in England, Scotland and Wales are very willing to help in this situation.

The advice they will give you in the initial telephone consultation will be free.
For their negotiations with the Ministry, which may involve several letters and phone calls,
it will cost no more that #250.00. If your case should need to be the subject of a Court Hearing, third party funding is available and these Solicitors will negotiate for that on your behalf if necessary.

If you would like to make a donation towards the Legal costs of those involved - please make your cheque payable to:

"The Legal Fund" and post it to: Freedom in Action, 32, Addison Grove, London W4 1ER

 

 


 

 

 

 

Farm-Talking.com___________________________

'For evil to triumph all that is required is that good men do nothing'

 

Mrs. E. Jane. M. Barribal & Associates.

2 - Howpark Farm Cottages - Grantshouse - Duns - Berwickshire - TD11 3RP

Tel: 01361-850282 or 01361-850680 - E-mail: farmtalking@aol.com - Fax: 0870-139-8935

 

 

 

IMPORTANT ADVICE

 

Re: The MAFF Serological (Blood) Testing of Farmer's Sheep

 

 

I advise all farmers receiving requests from the MAFF to allow them to blood test a percentage of their flock to ensure that the following advice is followed.

Ensure the MAFF Vet is 'clean' & has not visited another farm in past 3 days.

 

  1. Number each sheep as it is tested in sequence and ensure that each sample phial is also numbered to match.
  2. Ensure your Holding number is also clearly marked on each sample phial.
  3. Ensure that the box containing the samples is also clearly marked with your name, address & and Holding number.

 

In the event of the MAFF telling you they have found two or more sero-positives among the samples from the sheep tested and therefore wishing to cull your flock, you will be able to ask the numbers of the phial samples that were positive, pull those animals from the flock and have them examined by your Vet and/or a MAFF Vet for lesions/healed lesions.

In the event of no lesions being found, you could demand another test.

 

Be warned that at present it seems that if sero-positive results are found the MAFF order a cull. If lesions/healed are found in those animals after the cull, the premises are treated as an IP (Infected Premises) and contiguous culls result.

 

Jane Barribal - Farmtalking.com

 

Farm-Talking.co

Mrs E.Jane M.Bariibal - 2 Howpark Farm Cottages - Grantshouse - Duns Berwickshire - TD11 3RP

Tel: 01361-850282 or 01361-850680 - e-mail: farmtalking@aol.com - - Fax: 0870-139-8935

"For evil to triumph all that is required is that good men do nothing"

PRESS RELEASE

Building the' Heart of Britain' - 28th May 2001

 

The Government's mishandling of the FMD crisis has spurred the people to action. Farmers and Country business owners have had enough and plan to take control of their own destiny.

Over the past few weeks more and more people have contacted Farmtalking to say they are setting up a Group in their own area.

At present the aims of these individual Groups vary slightly but a rapid cohesion of their ideas and intentions seems be growing fast.

Briefly they include the following and probably many more:

Support for farmers whose healthy livestock are threatened

Campaigning for an end to the slaughter policy

Community efforts to protect the environment

Preparations to take Legal Action against the Government

Help with animal and human welfare problems

Research into causes and cures for FMD

Plans for the future of farming, Country-side business &

Tourism.

Inspired by the Heart of Devon Campaign, launched by the Western Press and backed by T.V. personality, Noel Edmonds, the fearless campaigner for justice, John Gouriet, Chairman of Freedom in Action, has proposed the' Heart of Britain Campaign'.

It seems likely that these individual Groups will become the 'Heart' of each Village, Town and County and work together to put the 'Heart' back into Britain.

Farmtalking.com is assisting liaison between Groups around the Country, and a central register of the Heart of Britain Groups is being formed. Anyone who has formed a Group or is wanting to do so, may contact Heart of Britain - http://www.heartofbritain.com the new web site and register there by e-mail: register@heartofbritain.com or

Tel: 01361- 850282 or 01361- 850680

for further information or to register off-line.

 

John Gouriet says, " Everyone should be encouraged to form a Group in their own area, to share ideas and information, lend a helping hand to those in despair and put the Heart back into Britain again."

 

Jane Barribal - Farmtalking.com

 

 

 


 

Permit Notification

 

 

I, (Name)

 

Of - (Address)

 

________________________________________________________________________

 

________________________________________________________________________

 

 

Having taken every precaution to protect my livestock from Foot and Mouth Disease

and believing them to be healthy at this time

 

 

Permit_ (Name)

 

To enter my property for the purpose of examining and taking blood samples from my livestock.

 

 

Signed________________________________Owner/Occupier/Livestock Owner

 

 

I, the undersigned, confirm I have not visited another farm within the last three days.

 

 

Signed_________________________________M.R.C.V.S. (T.V.I. MAFF/SERAD)

 

 

Date:__________________________________________________________________

 


 

 

Farm-Talking.com___________________________

'For evil to triumph all that is required is that good men do nothing'

 

2 - Howpark Farm Cottages - Grantshouse - Duns - Berwickshire - TD11 3RP

Tel: 0136-850282 or 01361-850680 - E-mail: farmtalking@aol.com - Fax: 0870-139-8935

 

 

 

2nd June 2001

 

Dear Friend,

 

Farmtalking.com was started more by accident than design. When FMD was formally announced in February, the area I live in, was soon restricted by a 'D' notice. Farmtalking.com was launched on-line on March 10th as a point of contact and information for my isolated friends in the area. The addition of a shared message board, already displayed on Peter Kindersley's Sheepdrove web site, increased the visitors to Farmtalking.com enormously. The necessity for a Help-Line became obvious and my telephone numbers were displayed. Sound Legal Advice was obtained and working in close co-operation with John Gouriet, (chairman of Freedom in Action), and the Solicitors, Burges-Salmon, information concerning the Legal rights of both the MAFF and Farmers was published on Farmtalking.com and made available to those that requested it.

 

Since those early days, always hoping that as the Government stated, the situation was becoming 'controlled', my telephone lines have become more frequently engaged. More information based on sound science concerning FMD has become available and published. Attempts to challenge the Government's Policy through the Courts have been made, while many articles have been written and published, highlighting the problems associated with FMD. Also, tragically, many millions of innocent healthy animals have been slaughtered.

 

More established web sites have dedicated some of their pages to this disaster and new sites have been born on-line to highlight the problems. Various groups of people have gathered from all over the Country, to support beleaguered farmers in their efforts to save their livestock.

 

 

 

 

Meanwhile, many friends give me support in different ways, including donations towards the cost of my telephones, for which I am extremely grateful.

Others have visited me to take phone calls and allow me a short break, ensuring my phones are always manned. Arrangements have also been made to allow call diversion from time to time for the same reason.

 

I welcome the advent of new web sites devoted to the FMD crisis, the formation of support groups around the country and the valuable work they do.

All are working in different areas and differing circumstances, commensurate with the variety of farming techniques essential in our varied landscape.

 

Farmtalking.com is not only National but International, as it is part of the Internet. As more people recognize the name and visit the site from all over the world, they become aware of the situation and developments concerning FMD in the U.K. The need for the continuation of the Help-Lines in the U.K. is also becoming more important. Not only as new outbreaks appear to be diagnosed, but to assist in the recovery from this disaster. I, and my friends, will continue to endeavor to keep the Farmtalking lines open for as long as they are needed.

 

Some weeks ago, in conversation with a friend, it was suggested by him that some form of organization similar to the French farmer's 'Co-ordination Rurale' should be formed, to ensure that those living and working in the countryside would have a truly representative voice enabling them to ensure our Government took their views into account and acted on them. Since then, inspired by the Heart of Devon Appeal, plans are going ahead for the formation of such an organization. Groups of volunteers gathering together to lend support and exchange ideas and plans for the future, thus becoming the 'Heart' of their village, town and County, the whole organization becoming the 'Heart of Britain' with the interests of all who live and work in the Countryside at 'Heart'. I think this is an excellent idea and will do all I can to help such groups to grow and link together. I am looking forward to the official launch of 'The Heart of Britain' expected later this month.

 

Thank you for your interest and help. I do hope we can all continue to work together with the many volunteers all over the Country in the firm belief that

"a problem shared is a problem solved!"

 

Jane Barribal

 

Jane Barribal - Farmtalking.com


 

 

 

Farm-Talking.com___________________________

'For evil to triumph all that is required is that good men do nothing'

 

Mrs. E. Jane. M. Barribal & Associates.

2 - Howpark Farm Cottages - Grantshouse - Duns - Berwickshire - TD11 3RP

Tel: 01361-850282 or 01361-850680 - E-mail: farmtalking@aol.com - - Fax: 0870-139-8935

 

 

 

 

Free - Information - Help - Advice - Legal Rights for Farmers

 

 

 

Dear Friend,

 

Here is the Farmtalking.com Help Pack you requested, we do hope you will find it both useful and interesting.

 

Please understand the contents do not do not constitute Legal advice and you are strongly advised to contact your own Solicitor. However, every effort has been made to provide accurate information with the help of an experienced Legal team. We will be pleased to introduce you to them if you need help and advice of this nature.

 

If you feel you or your animals are victims of unreasonable treatment by MAFF/SERAD/DEVRA officials, please apply for our Incident Report Pack.

This has been designed to help you collect your thoughts concerning such incidents and collate an accurate report of what happened. In some cases you may wish to take Legal Advice concerning such incidents and we can help in that regard. Alternatively, we would be grateful for the return of completed forms, which may, with your permission, become evidence put forward in a Judicial Review of the Foot and Mouth Crisis in the U.K.

 

If you require further information, help or advice or just want to 'chat' please don't hesitate to call me. I'm available at any time, day or night.

 

With kind regards and best wishes,

 

Jane Barribal

 

Farmtalking.com

 

 

 

 

www.Farmtalking.com

'For evil to triumph all that is required is for good men to do nothing'

 

The website for

FARMERS & their families!

 

Links - www.Farmtalking.com

Advice - www.Farmtalking.com

Articles - www.Farmtalking.com

Information - www.Farmtalking.com

Message board - www.Farmtalking.com

 

 

 

HELP LINES

 

01361-850282/850680

 

A friend in need is a friend in deed!

 

Farm-Talking.com

 

The U.K. Web site and Help-Lines for those affected by

Foot and Mouth Disease in the U.K.

 

Farmtalking.com was launched on the 10th March 2001, by Jane Barribal, an animal artist sharing her home with five dogs and two cats on a family run farm in the beautiful Scottish Borders.

Coming from a farming family, Jane trained as a Veterinary nurse early in her working life and has since been employed in Industry, Estate management and Animal Charities.

During the early 1990's she organized some help and support for families who had their innocent dogs seized under the Dangerous Dogs Act 1991. Campaigning for a change in the Law and a better understanding of animals and their behaviour.

 

Farmtalking.com provides help, advice and information, plus little light relief and a point of contact for everyone affected by this National tragedy.

Among her many friends are Farmers, Lawyers, Vets, Journalists and Scientists who contribute both to the Website content and the varied forms of

information made available .

All working together as a team to ensure accurate information, advice, support and help is available twenty-four hours a day and seven days a week for those who may need it.

 

When Jane launched Farmtalkiing.com, she never dreamed it would grow to the size it is today nor imagined the enormity of the FMD tragedy throughout the United Kingdom

Invaluable Advice and Information is passed on through the Website & Message Board, by e-Mail, Telephone, Fax and Post!

Farmtalking will continue for as long as it is needed with the help of its professional associates and many volunteers all over the Country.

A very big 'THANK YOU' to them all!

Funding is needed to finance this essential service.

Please send what you can afford to:

Farmtalking

2, Howpark Farm Cottages,

Grantshouse,

Duns, Berwickshire

TD 11 3RP

United Kingdom

"For evil to triumph all that is required is for good men to do nothing"