The Transmissible Spongiform Encephalopathies (England) Regulations 2010

Action following confirmation

5.—(1) In accordance with Article 13(1)(c) of, and point 2 of Annex VII to, the EU TSE Regulation, as read with Articles 2(1)(b) and 2(2) of Commission Decision 2007/411/EC, if it is confirmed that the suspect animal was infected with a TSE an inspector must—

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

(b) (in all cases) kill all the bovine animals in its cohort born on or after 1st August 1996 except where the inspector is satisfied that —

(i) (in all cases) the animal did not have access to the same feed as the affected animal; or

(ii) (where the animal is a bull) the animal is continuously kept at, and will not be removed from, a semen collection centre, in which case the killing may be deferred until the end of that animal’s productive life.

(2) The appeals procedure in regulation 10 applies to a decision to kill under sub-paragraph (1)(b), and no animal may be killed until—

(a) receipt of written notification from the person on whom the notice is served that that person has no intention to proceed with an appeal;

(b) after the 21-day period for appeal under regulation 10 is completed; or

(c) if there is an appeal, the appeal is determined or withdrawn.

(3) Where sub-paragraph 1(b)(ii) applies, it is an offence to remove the animal from the semen collection centre, except in accordance with a licence issued under regulation 16.

(4) If an animal is to be killed in accordance with this paragraph, but is not to be killed on the holding, an inspector must ensure that its passport is stamped “Not for human consumption” and must direct the owner in writing to consign it to other premises for killing as specified in the direction.

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

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