These Regulations revoke and re-enact with some amendments the Enzootic Bovine Leukosis Order 1997 (S.I. 1997/757) in relation to Scotland.

These Regulations implement the provisions relating to milk in Council Directive 64/432/EEC as amended (on 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 leukosis) (O.J. No. L 145, 13.6.77, p.44). These Directives require the operation of a monitoring and testing programme in order to achieve and maintain official enzootic bovine leukosis-free status.

The principal changes made by these Regulations relate to the arrangements for testing milk for evidence of enzootic bovine leukosis and the removal of the list of approved laboratories.

Notice must be given to the Divisional Veterinary Manager if any animal, carcase or laboratory sample is found to be infected with enzootic bovine leukosis (regulations 3, 4 and 5).

Regulation 6 sets out the duties of purchasers of milk for resale to ensure that milk is sent for testing to one of the approved laboratories.

The person in charge of an approved laboratory must notify the Scottish Ministers of any positive test results within 24 hours and negative test results within one month. That person must also maintain records of all the tests carried out for a period of one year from the date of the test (regulation 6(5)).

Regulations 7 to 11 provide veterinary inspectors with powers to inquire as to the existence of enzootic bovine leukosis, to control the movement of and to mark affected animals, as well as requiring cleansing and disinfection. Regulations 13 and 14 give the Scottish Ministers power to order the slaughter of affected animals.

Regulation 15 gives powers to inspectors.

Regulation 16 sets out offences and penalties. The maximum penalty for an offence under the Regulations is the statutory maximum (currently £5000).

These Regulations are enforced by the local authority. The Scottish Ministers however have the power to direct in particular cases that they shall enforce the Regulations.

A Regulatory Impact Assessment in relation to these Regulations has been placed in the Scottish Parliament Information Centre and copies can be obtained from the Scottish Executive Rural Affairs Department, LAHW, Room 350 Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.