The Bovine Viral Diarrhoea (Scotland) Amendment Order 2015

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Bovine Viral Diarrhoea (Scotland) Amendment Order 2015 and comes into force on 1st June 2015.

(2) In this Order, “the principal Order” means the Bovine Viral Diarrhoea (Scotland) Order 2013(1).

Amendment of the principal Order

2.  The principal Order is amended in accordance with articles 3 to 15.

3.  In article 2 (interpretation)—

(a) after the definition of “CPH number” insert—

““dairy breeding herd” means a breeding herd which is primarily maintained for the purpose of milk production and which is being managed according to a system which allows for the possibility of calving throughout the year;”; and

(b) the definitions of “bulk milk sample”, “milk collector” and “milk recorder” are revoked.

4.  For article 10 (compliance deadlines) substitute—

“Compliance deadlines

10.— (1) The first compliance deadline is the date falling 13 calendar months after this article first applies to the breeding herd or breeding bovine animal.

(2) This article first applies to a herd or animal on the day on which the herd or animal has been kept in Scotland, as a breeding herd or breeding bovine animal, for a total of not less than 30 days in any period of one year beginning no earlier than 1st June 2015.

(3) Subject to paragraphs (4), (5) and (6)—

(a) the second compliance deadline is the date falling 13 calendar months after the first compliance deadline; and

(b) compliance deadlines subsequently occur on the date falling 13 calendar months after the immediately preceding compliance deadline.

(4) Subject to paragraphs (5) and (6), where in the case of a dairy breeding herd the keeper of the herd has taken (or has arranged to take) a sample as described in article 11(2)(c)—

(a) the second compliance deadline is the date falling 7 calendar months after the first compliance deadline; and

(b) compliance deadlines subsequently occur on the date falling 7 calendar months after the immediately preceding compliance deadline.

(5) Where in any case article 9(1) is complied with before a compliance deadline, the date of such compliance is substituted as the starting point for the determination of the next compliance deadline in relation to the breeding herd or breeding bovine animal concerned.

(6) Where a herd or animal is kept in Scotland as a breeding herd or breeding bovine animal for a total of less than 30 days in the period between two compliance deadlines—

(a) the keeper does not have to comply with article 9(1) in relation to the later of those compliance deadlines; and

(b) the herd or animal is treated, as at the later of those compliance deadlines, as not previously having been kept in Scotland.”.

5.  For article 11 (taking of samples) substitute—

“Taking of samples

11.— (1) The keeper of a breeding herd must take (or arrange to have taken) a sample or samples as described in any one of the sub-paragraphs of paragraph (2).

(2) The samples described in this paragraph are—

(a) except in a case mentioned in sub-paragraph (b) or (c), a sample of blood from—

(i) each of 5 calves between the age of 9 and 18 months in the herd at the time, or, where the herd contains separately managed groups, each of 5 such calves from each such group or, if there are fewer than 5 such calves in the herd or, as the case may be, group, each of such calves in the herd or group;

(ii) each of 10 calves between the age of 6 and 18 months in the herd at the time or, where the herd contains separately managed groups, each of 10 such calves from each such group or, if there are fewer than 10 such calves in the herd or, as the case may be, group, each of such calves in the herd or group; or

(iii) where there are no calves as referred to in head (ii) in the herd at the time or, as the case may be, separately managed group, each of 5 bovine animals over the age of 18 months in the herd at the time or, as the case may be, each of 5 such animals from each such group, where those animals have not left the holding since birth or, if there are fewer than 5 such animals in the herd or, as the case may be, group, each of such animals in the herd or group, where those animals have not left the holding since birth;

(b) in the case of a breeding herd kept in any area within the local government area of the Shetland Islands(2), a sample of blood from each of 5 calves between the age of 6 and 18 months in the herd at the time or, where the herd contains separately managed groups, each of 5 such calves from each such group or, if there are fewer than 5 such calves in the herd or, as the case may be, group, each of such calves in the herd or group;

(c) in the case of a dairy breeding herd, a sample of blood from—

(i) each of 10 calves between the age of 9 and 18 months in the herd at the time or, where the herd contains separately managed groups, each of 10 such calves from each such group; or

(ii) if there are fewer than 10 such calves in the herd or, as the case may be, group, each of such calves in the herd or group;

(d) subject to paragraphs (3) and (4), from each of the calves in the herd born since the immediately preceding compliance deadline either—

(i) an ear tag sample of tissue taken in accordance with paragraphs (7) and (8); or

(ii) a sample of blood; and

(e) from each of the bovine animals in the herd at the time either—

(i) an ear tag sample of tissue taken in accordance with paragraphs (7) and (8); or

(ii) a sample of blood.

(3) Paragraph (2)(d) applies only where since the immediately preceding compliance deadline no calves have been removed from the herd.

(4) In relation to the first compliance deadline the reference in paragraph (2)(d) to the immediately preceding compliance deadline is to be read as a reference to the day on which article 10 first applies to the herd.

(5) For the purposes of paragraphs (2)(d) and (e), (3) and (4), the herd does not include any bovine animals which, so far as known by the keeper, have previously tested negative for the presence of BVDV or which are the maternal antecedents of any which have previously tested negative for the presence of BVDV.

(6) The keeper of a breeding bovine animal must take (or arrange to have taken) from the animal—

(a) an ear tag sample of tissue taken in accordance with paragraphs (7) and (9); or

(b) a sample of blood.

(7) An ear tag sample of tissue is taken in accordance with this paragraph if—

(a) the tag used when the sample is collected is an ear tag applied under the 2007 Regulations; or

(b) the tag used is a management tag, and the tag and the vessel for collecting the sample have an identical, pre-printed, identification number; and that identification number—

(i) in the case of a sample taken from a bovine animal in a breeding herd, is used only once within the same herd; and

(ii) in the case of a sample taken from a breeding bovine animal or a bovine animal in a breeding herd, is notified along with the animal’s ear tag number required by article 14(3)(b)(v), (va) or (vi) when the sample is submitted.

(8) For the purposes of paragraph (2)(d) and (e) the keeper of a breeding herd must not take (or arrange to have taken) an ear tag sample of tissue from any calves or bovine animals in the herd from which such a sample has previously been collected from a management tag.

(9) For the purposes of paragraph (6) the keeper of a breeding bovine animal must not take (or arrange to have taken) an ear tag sample of tissue from that animal if such a sample has previously been collected from a management tag from it.”.

6.  In article 12(1) (decision on type of sample to take)—

(a) in sub-paragraph (a), for “article 11(2)(d) or (da)” substitute “article 11(2)(a), (b) or (c)”; and

(b) in sub-paragraph (b), for “article 11(5A) (other than a sample as described in article 11(5A)(b))” substitute “article 11(6) (other than a sample as described in article 11(6)(b))”.

7.  Article 13 (persons authorised to take milk samples) is revoked.

8.  In article 14 (submission of samples)—

(a) in paragraph (1), omit “Subject to paragraph (2),”;

(b) paragraph (2) is revoked; and

(c) in paragraph (3)(b)—

(i) in head (v), for “article 11(2)(d), (da), (e) or (f)” substitute “article 11(2)(a), (b), (c), (d) or (e)”;

(ii) in head (va), for “article 11(5A)” substitute “article 11(6)”; and

(iii) in head (vi), for “article 11(6)(a)” substitute “article 11(7)(a)”.

9.  In article 17 (duties of operators of approved laboratories – breeding herds or breeding bovine animals)—

(a) in paragraph (2)(b)(ia), for “article 11(2)(e) or (f) or (5A)” substitute “article 11(2)(d) or (e) or (6)”;

(b) in paragraph (3)(a), for “article 11(2)(a), (b), (c), (d) or (da)” substitute “article 11(2)(a), (b) or (c)”;

(c) paragraph (4) is revoked; and

(d) in paragraph (5)—

(i) in sub-paragraph (g), for “article 11(2)(e) or (f)” substitute “article 11(2)(d) or (e)”; and

(ii) in sub-paragraph (ga), for “article 11(5A)” substitute “article 11(6)”.

10.  In article 21 (BVD status of a breeding herd or breeding bovine animal)—

(a) after paragraph (5) insert—

“(5A) The BVD status of a breeding herd or a breeding bovine animal is “not negative” during any period when the herd or bovine animal is kept on the same holding as another breeding herd or breeding bovine animal which does not have a BVD status as determined in accordance with this article.”; and

(b) in paragraph (6)(a)(ii) after “from the herd” insert “and, prior to its removal, the animal was isolated or other appropriate steps were taken so as to minimise the risk of spread of BVDV to any other animal in the herd”.

11.  In article 23B(2)(b) (movement of bovine animals), after “veterinary inspector” insert “or the Scottish Ministers”.

12.  In article 23C(3)(b) (movement of a qualifying calf), after “veterinary inspector” insert “or the Scottish Ministers”.

13.  In article 23D (movement of an animal in which BVDV is present)—

(a) in paragraph (1)(a), after “reasonably to know” insert “(as determined in accordance with paragraphs (3) and (4))”;

(b) in paragraph (2)(b), after “veterinary inspector” insert “or the Scottish Ministers”;

(c) in paragraph (3)(b), after “laboratory has” insert “or the Scottish Ministers have”; and

(d) after paragraph (3) insert—

“(4) For the purpose of paragraph (1), the keeper of a bovine animal is to be taken to know that BVDV is present in the animal if the animal is the calf of a bovine animal as mentioned in paragraph (3).”.

14.  After article 23D insert—

“Movement of an animal with a not negative BVD status

23E.   The keeper of a breeding herd or breeding bovine animal must not move (or arrange to move) any animal forming part of the breeding herd or the breeding bovine animal off the holding on which it is kept where, in accordance with article 21, the BVD status of the breeding herd or breeding bovine animal is “not negative” unless—

(a) the animal is being moved to slaughter;

(b) the movement is under a licence granted by a veterinary inspector or the Scottish Ministers;

(c) subject to article 23D—

(i) a sample (of any description) has been taken from the animal which has been tested by a laboratory (by any means) for the presence of BVDV; and

(ii) the operator of the laboratory has by notice informed the keeper and the Scottish Ministers of the result of the test which clearly indicates that the result is negative for the presence of BVDV; or

(d) the animal is the maternal antecedent of any animal which has previously tested negative for the presence of BVDV.”.

15.  For article 24(1) (maintenance and provision of information) substitute—

“(1) The Scottish Ministers must maintain a record of information notified or provided in accordance with articles 17(2)(b)(iii), 18(2)(c), 19(2), 20(2), 21(7), 23C(3)(c) and 23E(c)(ii).”.

Revocation, transitional and savings provisions

16.—(1) The following provisions are revoked—

(a) article 4 of the Bovine Viral Diarrhoea (Scotland) Amendment Order 2013(3);

(b) article 5 of the Bovine Viral Diarrhoea (Scotland) Amendment (No. 2) Order 2013(4); and

(c) article 10 of the Bovine Viral Diarrhoea (Scotland) Amendment (No. 3) Order 2013(5).

(2) This Order is subject to the transitional and savings provisions specified in the Schedule.

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew’s House,

Edinburgh

29th April 2015