The Bovine Viral Diarrhoea (Scotland) Order 2019

Explanatory Note

(This note is not part of the Order)

This Order provides for the control and eradication of Bovine Viral Diarrhoea (“BVD”) in Scotland. The Order revokes and replaces the existing BVD scheme under the Bovine Viral Diarrhoea (Scotland) Order 2013 (S.S.I. 2013/3), as amended (“the 2013 Order”).

Part 1 of this Order contains general provisions. Article 4 extends the definition of disease under section 88(1) of the Animal Health Act 1981 (c.22) (“the Act”) to BVD.

Part 2 provides the conditions for, and requirements of, sampling and testing of bovine animals for BVD. The Scottish Ministers may approve veterinary surgeons (article 6) and laboratories (articles 7 and 8) to carry out functions under the Order. The keeper of a breeding herd or a breeding bovine animal must annually sample the herd or animal for BVD in accordance with annual compliance deadlines (articles 9,10, and 11). The keeper of a breeding herd which has collective BVD status of not negative for a period of 15 months is subject to additional testing requirements (articles 12 and 13). The keeper of a qualifying calf (which is a calf born into a herd, or to a bovine animal, not intended for breeding) must arrange for a sample from the calf to be tested for BVD before the calf is 40 days old (article 19).

Article 14 provides conditions applicable where a keeper takes an ear tag sample of tissue from an animal. Articles 15 and 16 apply where the keeper applies a management tag to an animal. The types of samples listed in article 17 may only be taken by, or under the supervision of, an approved veterinary surgeon. Samples must be submitted for testing under the conditions of article 18.

Articles 20 and 21 specify when approved laboratories are to test samples for the presence of BVD and when they are to test samples for exposure to BVD. Approved laboratories must notify test results to the Scottish Ministers and the keeper under article 22. They must also keep records as provided in article 24. Article 23 provides for the testing of samples from qualifying calves. Article 25 provides for testing of samples for BVD which were collected otherwise than under this Order (for example, by a veterinary surgeon in the course of a regular health check).

Part 3 provides for BVD control. The individual BVD status of each breeding bovine animal, each animal in a breeding herd and each qualifying calf is ascertained in accordance with article 26. The collective BVD status of breeding herds is ascertained in accordance with article 27. A veterinary inspector may change the individual BVD status of a bovine animal (article 28) or the collective status of a breeding herd (article 29) and must notify such a change to the keeper and the Scottish Ministers (article 30.

Articles 31 to 35 provide for movement restrictions of animals. Restrictions on the movement of animals off a holding applies to (i) a keeper who is in breach of the obligations set out in articles 9, 10, 12 or 13 (article 31), (ii) a keeper of a bovine animal with an individual BVD status of positive (article 32), (iii) the keeper of a bovine animal which is part of a herd with a collective BVD status of not negative or kept on a holding that also holds an animal with an individual BVD status of positive (article 33), and (iv) the keeper of a high risk animal unless that animal has an individual BVD status of negative (article 35). Each of these movement restrictions provides an exception where the animal is being moved to slaughter. Articles 31 and 35 provide a further exception where an approved veterinary surgeon has confirmed to the Scottish Ministers that sufficient further action has been undertaken which confirms that BVD is not present in the animal. A restriction on the movement of animals onto a holding applies to any keeper where an animal with an individual BVD status of positive is kept on the holding (article 34). Articles 36 and 37 require keepers to notify others of the individual BVD status of their animals.

Part 4 contains final provisions. Article 39 provides for the Scottish Ministers to keep and disclose information. Articles 40, 41 and 42 provides for enforcement, powers of entry and powers of inspectors. Article 43 provides for offences by bodies corporate against the Act in relation to the Order. Article 44 revokes the 2013 Order subject to transitional provisions in the schedule.

The schedule contains transitional provisions.

The principal provisions of this Order which are different to the 2013 Order are as follows:

• The date of a subsequent compliance deadline is calculated from the date that the test results of samples are notified to the keeper and the Scottish Ministers (article 11). Previously, it was calculated from the date that the samples were taken.

• There are additional sampling and testing requirements in relation to herds which have a collective BVD status of not negative for a period of 15 months or more (articles 12 and 13).

• There are additional controls on the application of ear tags (article 14).

• There are additional controls about the taking of samples, in particular, samples which can only be taken by a veterinary surgeon.

• There are new statuses which are applicable to breeding herds (collective BVD status) and bovine animals (individual BVD status).

• There is a new restriction on the movement of animals onto a holding which contains a bovine animal with an individual BVD status of positive (article 34).

• There is a new restriction of the movement of high risk animals which cannot be moved off a holding until they have an individual BVD status of negative (article 35).