“Taking of samples11.

(1)

The keeper of a breeding herd must take (or arrange to have taken) a sample or samples as described in any one of the sub-paragraphs of paragraph (2).

(2)

The samples described in this paragraph are—

(a)

except in a case mentioned in sub-paragraph (b) or (c), a sample of blood from—

(i)

each of 5 calves between the age of 9 and 18 months in the herd at the time, or, where the herd contains separately managed groups, each of 5 such calves from each such group or, if there are fewer than 5 such calves in the herd or, as the case may be, group, each of such calves in the herd or group;

(ii)

each of 10 calves between the age of 6 and 18 months in the herd at the time or, where the herd contains separately managed groups, each of 10 such calves from each such group or, if there are fewer than 10 such calves in the herd or, as the case may be, group, each of such calves in the herd or group; or

(iii)

where there are no calves as referred to in head (ii) in the herd at the time or, as the case may be, separately managed group, each of 5 bovine animals over the age of 18 months in the herd at the time or, as the case may be, each of 5 such animals from each such group, where those animals have not left the holding since birth or, if there are fewer than 5 such animals in the herd or, as the case may be, group, each of such animals in the herd or group, where those animals have not left the holding since birth;

(b)

in the case of a breeding herd kept in any area within the local government area of the Shetland Islands3, a sample of blood from each of 5 calves between the age of 6 and 18 months in the herd at the time or, where the herd contains separately managed groups, each of 5 such calves from each such group or, if there are fewer than 5 such calves in the herd or, as the case may be, group, each of such calves in the herd or group;

(c)

in the case of a dairy breeding herd, a sample of blood from—

(i)

each of 10 calves between the age of 9 and 18 months in the herd at the time or, where the herd contains separately managed groups, each of 10 such calves from each such group; or

(ii)

if there are fewer than 10 such calves in the herd or, as the case may be, group, each of such calves in the herd or group;

(d)

subject to paragraphs (3) and (4), from each of the calves in the herd born since the immediately preceding compliance deadline either—

(i)

an ear tag sample of tissue taken in accordance with paragraphs (7) and (8); or

(ii)

a sample of blood; and

(e)

from each of the bovine animals in the herd at the time either—

(i)

an ear tag sample of tissue taken in accordance with paragraphs (7) and (8); or

(ii)

a sample of blood.

(3)

Paragraph (2)(d) applies only where since the immediately preceding compliance deadline no calves have been removed from the herd.

(4)

In relation to the first compliance deadline the reference in paragraph (2)(d) to the immediately preceding compliance deadline is to be read as a reference to the day on which article 10 first applies to the herd.

(5)

For the purposes of paragraphs (2)(d) and (e), (3) and (4), the herd does not include any bovine animals which, so far as known by the keeper, have previously tested negative for the presence of BVDV or which are the maternal antecedents of any which have previously tested negative for the presence of BVDV.

(6)

The keeper of a breeding bovine animal must take (or arrange to have taken) from the animal—

(a)

an ear tag sample of tissue taken in accordance with paragraphs (7) and (9); or

(b)

a sample of blood.

(7)

An ear tag sample of tissue is taken in accordance with this paragraph if—

(a)

the tag used when the sample is collected is an ear tag applied under the 2007 Regulations; or

(b)

the tag used is a management tag, and the tag and the vessel for collecting the sample have an identical, pre-printed, identification number; and that identification number—

(i)

in the case of a sample taken from a bovine animal in a breeding herd, is used only once within the same herd; and

(ii)

in the case of a sample taken from a breeding bovine animal or a bovine animal in a breeding herd, is notified along with the animal’s ear tag number required by article 14(3)(b)(v), (va) or (vi) when the sample is submitted.

(8)

For the purposes of paragraph (2)(d) and (e) the keeper of a breeding herd must not take (or arrange to have taken) an ear tag sample of tissue from any calves or bovine animals in the herd from which such a sample has previously been collected from a management tag.

(9)

For the purposes of paragraph (6) the keeper of a breeding bovine animal must not take (or arrange to have taken) an ear tag sample of tissue from that animal if such a sample has previously been collected from a management tag from it.”.