The Brucellosis (Scotland) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and substantially re enact the Brucellosis Order 1997 (S.I. 1997/758) in relation to Scotland.

These Regulations implement the provisions relating to milk in Council Directive 64/432/EEC as amended (on animal health problems affecting intra Community trade in bovine animals and swine) (O.J. No. L 121, 29.7.64, p.1977) and Council Directive 77/391/EEC as amended (introducing Community measures for the eradication of brucellosis, tuberculosis and leucosis in cattle) (O.J. No. L 145, 13.6.77, p.44). These Directives require the operation of a monitoring and testing programme to maintain the officially brucellosis free status of Great Britain under Council Directive 64/432/EEC.

Regulations 4, 5 and 6 deal with restrictions on vaccination and treatment of diseased animals as well as controls on movement of diseased animals.

The principal changes made by these Regulations relate to the arrangements for testing milk for evidence of brucellosis and the removal of the list of approved laboratories. Regulation 7(1) sets out the duties of those who buy milk in Scotland for resale to ensure that milk is sent for testing to an approved laboratory.

The person in charge of an approved laboratory must notify the Scottish Ministers if the result of any test for brucellosis is positive within 24 hours and if the result is negative within one month. That person must maintain records of all the tests carried out for a period of one year (regulation 7(5)).

Veterinary inspectors can require testing of animals for brucellosis (regulation 8). Owners of bovine animals are required to notify abortions or premature calving (regulation 10). Regulations 11 to 17 provide for measures to control the spread of any brucellosis infection. Diseased animals can be slaughtered at the request of the Scottish Ministers (regulations 18 to 21).

Regulation 22 gives powers to veterinary inspectors and inspectors. Regulation 23 sets out offences and penalties. The maximum penalty for an offence under the Regulations is the statutory maximum (currently £5000).

The Regulations are enforced by the local authority (regulation 24). The Scottish Ministers have the power to direct in particular cases that they shall enforce the Regulations.

A Regulatory Impact Assessment in relation to these Regulations has not been prepared as the Regulations place no new burdens on those affected by them.