The Bovine Viral Diarrhoea (Scotland) Order 2013

Interpretation

2.  In this Order unless the context otherwise requires—

“the 2007 Regulations” means the Cattle Identification (Scotland) Regulations 2007(1);

“the 2012 Order” means the Bovine Viral Diarrhoea (Scotland) Order 2012(2);

“the Act” means the Animal Health Act 1981;

“approved laboratory” means a laboratory approved by the Scottish Ministers under article 6;

“approved veterinary surgeon” means a veterinary surgeon approved by the Scottish Ministers under article 5;

“bovine animal” means a domestic animal of the genusBos or the species Bubalus bubalus orBison bison;

“breeding bovine animal” means a bovine animal not forming part of a herd of bovine animals which, whether by natural, assisted or artificial means, is intended by its keeper to breed and no steps are taken to prevent or minimise the chances of its breeding;

“breeding herd” means a group of two or more bovine animals in which breeding, whether by natural, assisted or artificial means, is intended by its keeper to take place and no steps are taken to prevent or minimise the chances of such breeding;

“bulk milk sample” means a sample taken from a container of milk comprising milk from more than one bovine animal;

“BVD” means bovine viral diarrhoea;

“BVD finding” means, in relation to a breeding herd or breeding bovine animal in respect of which samples have been tested by the operator of an approved laboratory under article 17 or the operator of a laboratory as mentioned in article 20, the finding of—

(a)

negative for the presence of BVDV or, as the case may be, evidence of exposure to BVDV; or

(b)

not negative for the presence of BVDV or, as the case may be, evidence of exposure to BVDV,

as determined by the operator of an approved laboratory under article 17(2)(b)(i) or, as the case may be, the operator of a laboratory as mentioned in article 20; and “negative” and “not negative”, in relation to BVD finding, are to be construed accordingly;

“BVDV” means BVD virus;

“calves” means bovine animals which are aged 18 months or less;

“coming into force day” means the day on which this Order comes into force;

“CPH number” means the county parish holding number assigned to a holding or part of a holding by the Scottish Ministers;

“holding” means a holding or part of a holding to which a CPH number has been assigned;

“keeper” means, in relation to a bovine animal, the person who is in day-to-day charge of the animal; and that person remains the keeper where the animal is placed temporarily in the control of another person (including where it is placed in the control of a transporter);

“management tag” means an ear tag, other than an ear tag applied under the 2007 Regulations, which is suitable to be applied to a bovine animal for the purpose of taking a sample of tissue;

“milk collector” means a person employed by, or contracted to, a dairy or other facility for the purpose of collecting milk for human consumption from the holding on which it is produced;

“milk recorder” means a person employed by, or contracted to—

(a)

a milk recording organisation which is a member of the International Committee for Animal Recording; or

(b)

the operator of an approved laboratory,

for the purpose of taking representative samples from individual bovine animals and bulk milk tanks;

“qualifying calf” means a calf of a bovine animal that is born otherwise than into a breeding herd or to a breeding bovine animal; and

“separately managed group” means, within a breeding herd, any bovine animals that, for a period of two months or more, graze or are housed together—

(a)

separately from any other animals in the herd; and

(b)

in sufficient proximity to each other to allow BVDV to circulate amongst them.

(1)

S.S.I. 2007/174, amended byS.S.I. 2007/312 and2011/412 andS.I. 2011/1043.

(2)

S.S.I. 2012/78.