The Brucellosis (Scotland) Order 2009

Made: 3rd June 2009

Laid before the Scottish Parliament: 4th June 2009

Coming into force: 26th June 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 1, 7(1), 8(1), 15(4), 25, 32(2) and (3), 34(7), 83(2), 87(2) and 88(2) of the Animal Health Act 1981 , section 2(2) of the European Communities Act 1972 and all other powers enabling them to do so.

PART 1 — Introductory provisions

Citation, commencement and extent

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• (1) This Order may be cited as the Brucellosis (Scotland) Order 2009 and comes into force on 26th June 2009.

• (2) This Order extends to Scotland only.

Interpretation

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• (1) In this Order–

• “the Act” means the Animal Health Act 1981;

• “average price” means, for any given month, a price calculated in accordance with article 20;

• “bovine animal” means domestic cattle of the genus Bos, species Bubalus bubalis or Bison bison but does not include a steer;

• “brucellosis” means the disease caused by Brucella abortus, otherwise known as contagious abortion;

• “heifer” means a young cow that has not had a calf;

• “infected animal” means a bovine animal which is infected with brucellosis;

• “premises” includes land, with or without buildings;

• “market value” means–in the case of a bovine animal born before 1st August 1996, the higher of–the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an infected animal or a reactor, or, in the case of an animal exposed to brucellosis, had not been so exposed; orthe purchase price which would have applied had the animal been slaughtered in accordance with Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom, as amended ; andin the case of a bovine animal born on or after 1st August 1996, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an infected animal or a reactor or, in the case of an animal exposed to brucellosis, had not been so exposed;

• “milk” includes cream and separated or skimmed milk;

• “reactor” means a bovine animal which gives rise to a reaction consistent with its being infected with brucellosis when tested for that disease;

• “steer” means a castrated male aged 4 months or over; and

• “veterinary inspector” means a veterinary inspector appointed by the Scottish Ministers.

• (2) For the purpose of this Order the animals comprised in a herd include–

• (a) any bovine animal which is isolated on the premises on which the herd is kept for the purpose of its being incorporated in the herd; and

• (b) any bovine animal which is temporarily removed from the herd.

• (3) Any notice, approval or licence issued under this Order must be in writing, may be issued subject to conditions and may be amended, suspended, withdrawn or revoked in writing at any time.

• (4) A reference in this Order to any notice, approval or licence specified in paragraph (3) includes a reference to an electronic communication, as defined in section 15(1) of the Electronic Communications Act 2000 , which has been recorded and is consequently capable of being reproduced.

Extension of definition of “disease” and power to slaughter on account of brucellosis

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For the purposes of the Act (slaughter in other diseases), the definition of “disease” in section 88(1) of the Act is extended to include brucellosis, and section 32 of the Act applies to that disease.

PART 2 — Movement

Restrictions on the movement of bovine animals or steers

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Where a veterinary inspector reasonably believes that a bovine animal kept on any premises is or may be infected with brucellosis, the veterinary inspector may serve a notice on the owner or occupier of the premises, prohibiting the movement of bovine animals or steers on to or off such premises, except under the authority of a licence issued by a veterinary inspector.

Movement of bovine animals or steers to specified premises

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• (1) A veterinary inspector may, where that inspector considers it necessary for the purpose of eradicating brucellosis, serve a notice on the owner or keeper of bovine animals or steers kept on any premises, requiring the animals to be moved from the premises to such other premises and within such time limit as may be specified in the notice.

• (2) Where a notice served in accordance with paragraph (1) is in force, the owner or keeper of such animals must not move them from the premises specified in the notice except under the authority of a licence issued by a veterinary inspector.

• (3) If any person on whom a notice under paragraph (1) is served fails to comply with it, the Scottish Ministers may, without prejudice to any proceedings for an offence arising out of such default, carry out or cause to be carried out the requirements of the notice, and any expenses reasonably incurred by the Scottish Ministers are recoverable by them from the person in default.

Animal waste

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Where a notice has been served on the owner or occupier of any premises under article 4, no manure, slurry or other animal waste is to be removed from the premises except under authority of a licence issued by a veterinary inspector.

PART 3 — Notification and testing

Sampling of milk

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• (1) Any person who buys milk from the owner or keeper of a herd of bovine animals in Scotland for resale as milk or milk products must–

• (a) select an approved laboratory to carry out testing of such milk for brucellosis;

• (b) notify the Scottish Ministers of the laboratory selected;

• (c) at intervals of 3 months and at that person’s own expense, take (or arrange to have taken) a sample of milk comprising milk from all of the lactating bovine animals in the herd at the time and whose milk is available for sale;

• (ca) submit (or arrange to have submitted), at that person’s own expense, any sample of milk taken under sub-paragraph (c) to that laboratory for testing for evidence of the existence of brucellosis;

• (d) add such preservative to the sample as may be requested by the person in charge of the laboratory; and

• (e) ensure that the sample is labelled with–

• (i) a bar code or other device which enables the laboratory to identify the herd or part of a herd from which the sample was taken; and

• (ii) the date on which the sample was taken.

• (1A) Any person who owns or keeps a herd of bovine animals in Scotland and who offers for sale processed milk or milk products derived from milk produced by that herd must—

• (a) select an approved laboratory to carry out testing of milk produced by that herd for brucellosis;

• (b) notify the Scottish Ministers of the laboratory selected;

• (c) at intervals of 3 months and at that person’s own expense, take (or arrange to have taken) a sample of milk comprising milk from all of the lactating bovine animals in the herd at the time and whose milk is available for sale;

• (d) submit (or arrange to have submitted), at that person’s own expense, any sample of milk taken under sub-paragraph (c) to that laboratory for testing for evidence of the existence of brucellosis;

• (e) add such preservative to the sample as may be requested by the person in charge of the laboratory; and

• (f) ensure that the sample is labelled with—

• (i) a bar code or other device which enables the laboratory to identify the herd or part of a herd from which the sample was taken; and

• (ii) the date on which the sample was taken.

• (2) No person may in any way treat, other than by adding a preservative in accordance with paragraph (1)(d) or (1A)(e), or tamper with, any sample or its label, and a person is deemed to have treated or tampered with a sample or its label if that person does anything in relation to it which is likely to affect the result of the testing required under this article.

• (3) The person in charge of an approved laboratory must–

• (a) maintain a record of the herds from which milk is sent for testing under paragraph (1) or (1A);

• (b) notify the Scottish Ministers as soon as reasonably practicable if, in any month, a sample is not received from one of the herds listed in the records held under sub-paragraph (a);

• (c) notify the Scottish Ministers within 24 hours where a sample has been tested for evidence of the existence of brucellosis and the result is positive;

• (d) notify the Scottish Ministers within one month where a sample has been tested for evidence of the existence of brucellosis and the result is negative; and

• (e) maintain a record of the results of all the tests carried out for evidence of the existence of brucellosis for a period of one year from the date of the test.

• (4) If any person fails to take any action required under the provisions of paragraph (1) or (1A), a veterinary inspector may, without prejudice to any proceedings for an offence arising out of such default, take or cause to be taken such action, and any expenses reasonably incurred in so doing are recoverable by the Scottish Ministers from the person in default.

• (5) In this article—

• “approved laboratory” means a laboratory approved by the Scottish Ministers to carry out testing of milk for brucellosis; and

• “processed milk” means milk that has been heated to more than 40°C or undergone any treatment that has an equivalent effect.

• (6) It is an offence for a person, without lawful authority or excuse, proof of which shall lie on that person, to fail to comply with paragraph (1), (1A), (2) or (3).

• (7) Where—

• (a) an offence under paragraph (6) has been committed by a body corporate or a Scottish partnership or other unincorporated association; and

• (b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

• (i) a relevant individual; or

• (ii) an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

• (8) In paragraph (7), “relevant individual” means—

• (a) in relation to a body corporate—

• (i) a director, manager, secretary or other similar officer of the body;

• (ii) where the affairs of the body are managed by its members, a member;

• (b) in relation to a Scottish partnership, a partner;

• (c) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

• (9) A person who commits an offence under paragraph (6) is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or both.

Testing of bovine animals or steers

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• (1) The owner or keeper of bovine animals or steers kept on any premises must comply with a reasonable request by a veterinary inspector for facilities to examine, test or diagnose any bovine animal or steer for brucellosis, and in particular, must arrange for the collection, penning and securing of any such animal.

• (2) If any person fails to comply with a reasonable request by a veterinary inspector under paragraph (1), the Scottish Ministers may, without prejudice to any proceedings for an offence arising out of such default, take or cause to be taken all such reasonable steps as may facilitate the examination, testing and diagnosis of bovine animals or steers for brucellosis, and any expenses reasonably incurred by the Scottish Ministers are recoverable from the person in default.

• (3) Where the owner or keeper of bovine animals or steers kept on any premises arranges or permits any diagnostic test for brucellosis to be carried out on those animals, otherwise than on behalf of the Scottish Ministers, that person must notify the Scottish Ministers of–

• (a) any positive test result within 24 hours; and

• (b) any negative test result within one month.

• (4) The owner or keeper of bovine animals or steers kept on any premises must not do, or cause to be done, anything which is likely to affect the result of a diagnostic test for brucellosis carried out on behalf of the Scottish Ministers.

Notification of abortion or premature calving

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• (1) Where the owner or keeper of bovine animals kept on any premises reasonably believes that an abortion or premature calving has occurred, that person must within 24 hours–

• (a) give notice of that belief to a veterinary inspector; and

• (b) arrange for the isolation so far as practicable of the animal concerned and its foetus or calf and placenta from all other bovine animals and steers on the premises.

• (2) Any owner or person subject to a duty under paragraph (1)(b) must ensure that an animal to which that paragraph relates remains in isolation, and its foetus or calf and placenta must be retained by the owner or keeper of the animal until such time as a veterinary inspector serves a notice requiring the disposal or destruction of the foetus or calf and placenta.

• (3) If any person on whom a notice under paragraph (2) is served fails to comply with it, the Scottish Ministers may, without prejudice to any proceedings for an offence arising out of such default, carry out or cause to be carried out the requirements of the notice, and any expenses reasonably incurred by the Scottish Ministers are recoverable by them from the person in default.

• (4) In this article, “abortion or premature calving” means an abortion or calving which takes place less than 271 days after service or insemination, or less than 265 days after implantation or transfer of an embryo, whether the calf is born dead or alive.

Notification of full-term calving in herds infected with brucellosis

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• (1) Where an animal kept or formerly kept on any premises has reacted to a diagnostic test for brucellosis or where a veterinary inspector reasonably believes that brucellosis exists on any premises, the veterinary inspector may serve a notice on the owner or keeper of any bovine animal requiring that person to notify the Scottish Ministers within such period as may be specified in the notice, of any full-term calving which may occur among such animals.

• (2) Where a notice has been served on any person under paragraph (1) and any full-term calving occurs among bovine animals to which such notice relates, the placenta and, if it dies at or after birth, the calf, must be retained by that person until such time as a veterinary inspector may by a further notice in writing require the disposal or destruction of the placenta and dead calf.

• (3) If any person on whom a notice under paragraph (1) or (2) is served fails to comply with it, the Scottish Ministers may, without prejudice to any proceedings for an offence arising out of such default, carry out or cause to be carried out the requirements of the notice and any expenses reasonably incurred by the Scottish Ministers are recoverable by them from the person in default.

• (4) In this article, “full-term calving” means a calving which takes place 271 days or more after service or insemination, or 265 or more days after implantation or transfer of an embryo, whether the calf is born dead or alive.

Restrictions on the use of semen

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Where a veterinary inspector reasonably believes that a bovine animal kept on any premises is or may be infected with brucellosis, the veterinary inspector may serve a notice on the owner or occupier of such premises, prohibiting the use of semen from such an animal, or restricting its use.

Control of premises used by dealers for the keeping of bovine animals

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• (1) No person may use premises for the keeping of bovine animals for or in connection with that person's business as a dealer in bovine animals unless that person has notified the Scottish Ministers in writing that the premises are to be so used.

• (2) In this article, “a dealer in bovine animals” means any person whose trade or business regularly includes the selling of bovine animals purchased by that person for the purpose of resale within 28 days.

PART 4 — Prevention of spread of infection

Precautions against the spread of infection

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• (1) Where a veterinary inspector has certified that any bovine animal kept on any premises has reacted to a diagnostic test for brucellosis, the occupier of the premises must, on being given notice of the certification, take all reasonable steps to prevent the infection of bovine animals kept on adjoining premises by contact with bovine animals and steers kept on that occupier's premises.

• (2) Where a veterinary inspector has certified that any bovine animal kept on any premises has reacted to a diagnostic test for brucellosis, or the veterinary inspector reasonably believes it is infected with that disease, the veterinary inspector may serve a notice on the owner or occupier of the premises requiring that person to ensure that milk from such animals is not fed to other animals on the same or any other premises unless it has been pasteurised, sterilised or ultra-heat treated.