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5.—(1) In accordance with Article 13(1)(c), and point 2 of Annex VII of the Community TSE Regulation as read with Articles 2(1)(b) and (2) of Commission Decision 2007/411/EC, if it is confirmed that the suspected animal to which paragraph 4(1) applies was affected 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)kill all the bovine animals in its cohort born on or after 1st August 1996 except where—
(i)the inspector is satisfied that the animal did not have access to the same feed as the affected animal; or
(ii)the animal is a bull that is kept at, and will not be removed from, a semen collection centre.
(2) The appeals procedure in regulation 10 applies to a decision to kill under sub-paragraph (1)(b).
(3) Where a decision not to kill has been made under sub-paragraph (1)(b)(ii)—
(a)it is an offence to remove the bull from the semen collection centre, except to kill it; and
(b)when it is killed the owner commits an offence unless they ensure that its carcase is completely destroyed.
(4) If an animal required to be killed under sub-paragraph (1) is not killed on the premises on which it was kept, an inspector must issue a licence authorising the owner to consign it to other premises for killing as specified in the licence and must ensure that any cattle passport relating to it is stamped “Not for human consumption”.
(5) 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 movement licence issued by an inspector.
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