The Bovine Semen (England) Regulations 2007

PART 1 General Provisions

Title, application and commencement

1.  These Regulations—

(a) may be cited as the Bovine Semen (England) Regulations 2007;

(b) apply in England only; and

(c) come into force on 22nd May 2007.

Interpretation

2.—(1) In these Regulations—

“bovine” includes the species Bubalus bubalis and Bison bison;

“bovine semen centre” means premises licensed under regulation 4;

“cattle identification regulations” means—

(a)

the Cattle Identification Regulations 1998(1) or the Cattle Identification (Identification of Older Animals) Regulations 2000(2) (in the case of bovine animals born in England), or

(b)

Council Regulation 1760/2000, as amended from time to time (in the case of bovine animals born outside England);

“centre veterinarian” has the meaning given in regulation 5(b);

“Council Regulation 1760/2000” means Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products(3) and repealing Council Regulation (EC) No 820/97(4), as amended from time to time;

“dam”, in the case of bovine animals derived from embryo transfer, means the recipient of the embryo;

“the Directive” means Council Directive 88/407/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the bovine species(5), as amended from time to time;

“Directive 64/432/EEC” means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine(6), as amended from time to time;

“domestic collection centre” has the meaning given in regulation 4(b)(ii);

“domestic storage centre” has the meaning given in regulation 4(c)(ii);

“EC collection centre” has the meaning given in regulation 4(b)(i);

“EC quarantine centre” has the meaning given in regulation 4(a);

“EC storage centre” has the meaning given in regulation 4(c)(i);

“fresh semen” means semen which has not been frozen;

“inspector” means a person authorised in writing by the Secretary of State in accordance with section 10(4) of the Animal Health and Welfare Act 1984;

“processing” means one or more of—

(a)

diluting (except in the course of or immediately after semen collection),

(b)

adding any substance with the intention of prolonging the natural life of the semen (except in the course of or immediately after semen collection),

(c)

adding any antibiotic,

(d)

packing into straws or other appropriate receptacles, and

(e)

freezing;

“straw” means a receptacle used to contain a single dose of semen;

“teaser animal” means a bovine animal which is used as an aid in the collection of semen;

“unlicensed premises” are premises that do not have a licence under regulation 4;

“veterinary surgeon” means a veterinary surgeon or veterinary practitioner registered under the Veterinary Surgeons Act 1966(7).

(2) Expressions that are not defined in these Regulations and are used in the Directive have the same meaning in these Regulations as they have for the purposes of the Directive.

Exceptions

3.—(1) These Regulations do not apply where—

(a) semen is collected for the purpose of the artificial insemination of a bovine animal with fresh semen;

(b) the bovine animal from which the semen is collected—

(i) is not, at the time of collection, affected by an Order made under sections 6(c), 8, 17, 23, 25, 26 or 29 of the Animal Health Act 1981(8); or,

(ii) is so affected, but the use of its semen is authorised by the Secretary of State; and

(c) when the bovine animal is inseminated—

(i) it is in the same ownership and the same herd as the bovine animal from which the semen was collected; and

(ii) it is kept on the same premises as that bovine animal.

(2) These Regulations do not apply where semen is collected for the purpose of—

(a) assessing the suitability of a bovine animal for use in breeding;

(b) diagnosing infection or disease in a bovine animal; or

(c) education or research,

provided the semen collected is not used for artificial insemination and is not the subject of intra-Community trade.

(3) These Regulations do not apply to research authorised under the Animals (Scientific Procedures) Act 1986(9).

(4) These Regulations, in so far as they apply to semen intended for intra-Community trade, do not apply to semen collected on or before 31st December 1989.

(1)

S.I. 1998/871, as amended by S.I. 1998/1796, 1998/2969, 1999/1339, 2001/1644, 2001/3960 and 2006/1538.

(2)

S.I. 2000/2976, as amended by S.I. 2001/1644, 2001/3960 and 2002/95.

(3)

OJ No. L 204, 11.8.2000, p. 1.

(4)

OJ No L 117, 7.5.1997, p. 1.

(5)

OJ No. L 194, 22.7.1988, p. 10. As of the date of these Regulations, this Directive was last amended by Commission Decision 2006/16/EC (OJ No. L 11, 17.1.2006, p. 21).

(6)

OJ No. P 121, 29.7.1964, p. 1977. As of the date of these Regulations, this Directive was last amended by Commission Regulation (EC) No 599/2004 (OJ No. L 94, 31.3.2004, p. 44.)

(7)

1966 c.36.

(8)

1981 c.22. Section 17(4) was repealed by the Animal Health and Welfare Act 1984, section 16(2) and Schedule 2.

(9)

1986 c. 14.