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Statutory Instruments of the Scottish Parliament
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The Scottish Ministers, in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Enzootic Bovine Leukosis (Scotland) Regulations 2000 and shall come into force on 1st November 2000. (2) These Regulations extend to Scotland and where they extend beyond Scotland, they do so only as a matter of Scots law. Interpretation 2. - (1) In these Regulations-
(b) a haematological examination of the animal has disclosed a lymphocyte count within the range specified in the Schedule to these Regulations; or (c) any other test carried out on the animal has indicated the possible presence of infection with the bovine leukosis virus;
(2) All notices, licences or approvals issued under these Regulations shall be in writing and may be made subject to conditions and may be amended, suspended or revoked at any time.
(b) the Divisional Veterinary Manager.
(2) Where notice under paragraph (1) of this regulation is given to an inspector, the inspector shall immediately transmit the information to the Divisional Veterinary Manager responsible for that area.
(b) notify the Scottish Ministers of the laboratory selected; (c) upon notification by the Scottish Ministers, and at that person's own expense, submit to that laboratory for testing for evidence of enzootic bovine leukosis two samples of milk which shall be taken in every fifth calendar year at a minimum of four months apart and such samples shall include milk from all the dairy cows in that herd; (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-
(ii) the date on which the sample was taken.
(2) A person is exempt from the duty imposed by paragraph (1) above, if that person only purchases pre-packed raw milk for resale-
(b) from a vehicle which is lawfully used as shop premises; and (c) direct to the ultimate consumer,
(3) For the purposes of this regulation,
(ii) a catering establishment; or (iii) a manufacturing business; and
(b) "catering establishment" means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation.
(4) No person shall in any way treat, other than by adding preservative in accordance with paragraph (1)(d) above, or tamper with any sample or its label and a person shall be deemed to have treated or tampered with a sample if that person does anything in relation to it which is likely to affect the result of the testing required under this regulation.
(b) notify the Scottish Ministers forthwith if a sample is not received from one of the herds listed in its 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 enzootic bovine leukosis 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 enzootic bovine leukosis and the result is negative; and (e) maintain a record of the result of all the tests carried out for evidence of the existence of enzootic bovine leukosis for a period of one year from the date of the test.
(6) If any person fails to take any action required under the provisions of paragraph (1) above, 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 shall be recoverable by the Scottish Ministers from the person in default.
(b) the length of time that disease has existed on the premises; (c) the possible origin of the disease on the premises.
(2) For the purposes of an inquiry under paragraph 1 above, a veterinary inspector may, on production on demand of his authority-
(b) enter on to any part of the premises; (c) take such samples as may be required for the purpose of diagnosis from any bovine animal or carcase on the premises; or (d) examine any records in whatever form on the premises and take copies of such records.
(3) The occupier of the premises, employees of the occupier, any person who is or has been in possession or charge of any bovine animal which is or has been on the premises and any veterinary surgeon who has been attending any bovin e animal on the premises or has been consulted about such animal or carcase, shall-
(b) provide any relevant information to the veterinary inspector or the Scottish Ministers relating to the location and movements of that bovine animal or carcase and as to the location and movements of any other bovine animal or carcase (which is or has been on the premises) with which that animal has been in contact.
(4) A veterinary inspector entering premises under the provisions of this regulation shall, if required by the occupier or person in charge, state the reasons for entering.
(b) requiring physical separation from other bovine animals on the premises; or (c) imposing such conditions in respect of its movement as may be considered expedient.
Marking of affected animals
(b) any apparatus, equipment or thing used in connection with any affected animal, suspected animal or the carcase of such an animal.
(2) If the requirements of a notice served under paragraph (1) above are not complied with, a veterinary inspector may, without prejudice to any proceedings for an offence arising out of such default, carry out or cause to be carried out, such cleansing and disinfection and any expenses reasonably incurred by the veterinary inspector shall be recoverable by the Scottish Ministers from the person in default.
(b) any bovine animal which has been exposed to the infection of enzootic bovine leukosis.
(2) The Scottish Ministers may pay for bovine animals slaughtered under this regulation such compensation as they think fit.
(b) examine any records in whatever form on the premises and take copies of those records; or (c) take with him such other person as may be considered necessary for any purpose in relation to the enforcement of these Regulations.
Offences
(ii) any notice or requirement contained in a notice; or
(b) fails without reasonable excuse to comply with regulation 6(5) or with any requirement imposed by a veterinary inspector or an inspector in exercise of any powers under these Regulations or obstructs any veterinary inspector or inspector in the exercise of those powers,
shall be guilty of an offence.
EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations revoke and re-enact with some amendments the Enzootic Bovine Leukosis Order 1997 (S.I. 1997/757) in relation to Scotland. These Regulations implement the provisions relating to milk in Council Directive 64/432/EEC as amended (on health problems affecting intra-Community trade in bovine animals and swine) (O.J. No. L 121, 29.7.64, p.1977) and Council Directive 77/391/EEC as amended (introducing Community measures for the eradication of brucellosis tuberculosis and leukosis) (O.J. No. L 145, 13.6.77, p.44). These Directives require the operation of a monitoring and testing programme in order to achieve and maintain official enzootic bovine leukosis-free status. The principal changes made by these Regulations relate to the arrangements for testing milk for evidence of enzootic bovine leukosis and the removal of the list of approved laboratories. Notice must be given to the Divisional Veterinary Manager if any animal, carcase or laboratory sample is found to be infected with enzootic bovine leukosis (regulations 3, 4 and 5). Regulation 6 sets out the duties of purchasers of milk for resale to ensure that milk is sent for testing to one of the approved laboratories. The person in charge of an approved laboratory must notify the Scottish Ministers of any positive test results within 24 hours and negative test results within one month. That person must also maintain records of all the tests carried out for a period of one year from the date of the test (regulation 6(5)). Regulations 7 to 11 provide veterinary inspectors with powers to inquire as to the existence of enzootic bovine leukosis, to control the movement of and to mark affected animals, as well as requiring cleansing and disinfection. Regulations 13 and 14 give the Scottish Ministers power to order the slaughter of affected animals. Regulation 15 gives powers to inspectors. Regulation 16 sets out offences and penalties. The maximum penalty for an offence under the Regulations is the statutory maximum (currently £5000). These Regulations are enforced by the local authority. The Scottish Ministers however have the power to direct in particular cases that they shall enforce the Regulations. A Regulatory Impact Assessment in relation to these Regulations has been placed in the Scottish Parliament Information Centre and copies can be obtained from the Scottish Executive Rural Affairs Department, LAHW, Room 350 Pentland House, 47 Robb's Loan, Edinburgh EH14 1TY. [1] 1972 (c.68). Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred on the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back
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