The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006

Action following confirmation

5.—(1) In accordance with Article 13(1)(c) of, and point 2 of Annex VII to, the Community TSE Regulation, when it is confirmed that a bovine animal had BSE an inspector shall cause to be killed–

(a) if the animal is female, all its progeny born within two years prior to, or after, clinical onset of the disease; and

(b) in all cases, all the bovine animals in its cohort born on or after 1st August 1996 except where–

(i) an inspector is satisfied that the animal did not have access to the same feed as the animal in which BSE was confirmed; or

(ii) the animal is a bull that is kept at, and will not be removed from, a semen collection centre, but it is an offence to remove the animal from the centre except to be killed, and when it is killed the owner shall ensure that the carcase is completely destroyed, and failure to do so is an offence.

(2) If the animal is not killed on the holding, an inspector shall ensure that its cattle passport is stamped “Not for human consumption” and shall serve a notice directing the owner to consign it to other premises for killing as specified in the direction.

(3) If the test is negative the inspector shall remove all restrictions imposed because of the suspect animal and return the cattle passports.

(4) When an animal is killed under this paragraph, it is an offence to remove the body of the animal from the premises on which it was killed except in accordance with a written direction from an inspector.