Statutory Instruments
Animals, England
Animal Health
Made
23rd February 2015
Coming into force
1st April 2015
The Secretary of State makes this Order in exercise of the powers conferred by sections 1, 6, 7(1), 8, 15(4), 28, 32(2), 34(7), 35(3) and 87(2) of the Animal Health Act 1981(1).
1.—(1) This Order may be cited as the Brucellosis (England) Order 2015 and comes into force on 1st April 2015.
(2) This Order extends to England and Wales but applies to England only.
2.—(1) In this Order—
“the Act” means the Animal Health Act 1981;
“abortion or premature calving” means an abortion or calving which takes place less than 271 days after service or insemination, or 265 days after implantation or transfer of an embryo, whether the calf is born dead or alive;
“approved laboratory” means a laboratory approved by the Secretary of State to carry out testing for brucellosis of milk bought or offered for sale in England;
“approved veterinary surgeon” means a veterinary surgeon who is approved in accordance with article 3;
“bovine animal” means a bull, cow, heifer or calf but does not include a steer;
“brucellosis” means the disease caused by Brucella abortus, otherwise known as contagious abortion;
“full-term calving” means a calving which takes place 271 days or more after service or insemination, or 265 days or more after implantation or transfer of an embryo, whether the calf is born dead or alive;
“officer” means an approved veterinary surgeon or other officer of the Secretary of State;
“premises” includes land with or without buildings;
“reactor” means a bovine animal which develops a reaction consistent with it being infected with brucellosis when tested for that disease;
“slaughterhouse” means—
any premises used for the commercial slaughter or killing of animals, whether or not the flesh of those animals is intended for sale for human consumption;
any place on those premises available for the confinement of animals while awaiting slaughter; and
any place on those premises available for keeping products of the slaughter of animals or for subjecting those products to any treatment or process;
“steer” means a castrated bull or male calf aged four months or over;
“veterinary surgeon” means a veterinary surgeon (or veterinary practitioner) registered under the Veterinary Surgeons Act 1966(2);
(2) A notice, approval or licence issued under this Order—
(a)must be in writing;
(b)may be issued subject to conditions; and
(c)may be amended, suspended, withdrawn or revoked in writing at any time.
3.—(1) The Secretary of State may approve a veterinary surgeon where—
(a)the veterinary surgeon has undertaken any training as required by the Secretary of State; and
(b)the Secretary of State is of the opinion that the veterinary surgeon is suitable to carry out functions conferred on an approved veterinary surgeon by this Order.
(2) The Secretary of State may by notice revoke any such approval, giving reasons for the revocation.
4.—(1) No person may vaccinate bovine animals against brucellosis except—
(a)an approved veterinary surgeon; or
(b)a person to whom a licence has been issued for the purpose by an approved veterinary surgeon.
(2) No person may treat bovine animals for brucellosis.
5.—(1) An officer may serve a notice in accordance with paragraph (2) on the owner or person in charge of bovine animals or steers, for the purposes of controlling or preventing the spread of brucellosis.
(2) A notice under paragraph (1) may prohibit the movement onto or off any premises of bovine animals or steers, or of such bovine animals or steers as may be specified, except under the authority of a licence issued by an officer.
6.—(1) An officer may serve a notice in accordance with paragraph (2) on the owner or person in charge of bovine animals or steers, for the purposes of controlling or preventing the spread of brucellosis.
(2) A notice under paragraph (1) may require bovine animals or steers, or such bovine animals or steers as may be specified, to be moved to such other premises and within such time as may be specified.
(3) Where a notice under paragraph (1) is in force, the owner or person in charge of bovine animals or steers to which the notice relates must not move them from the specified premises except under the authority of a licence issued by an officer.
7. No slaughterhouse may be used for the slaughter of reactors unless it has been approved by the Secretary of State to carry out the slaughter of reactors.
8.—(1) Any person who buys milk in England in any form for resale as milk or milk products from the owner or person in charge of a herd of dairy cows must—
(a)at intervals of 3 months and at that person’s own expense, take (or arrange to have taken) a sample of milk which includes milk from all of the dairy cows in the herd at the time and whose milk is available for sale in any form;
(b)ensure, at that person’s own expense, that any sample of milk taken under sub-paragraph (a) is received by an approved laboratory for testing for evidence of the existence of brucellosis;
(c)add such preservative to the sample as may be specified from time to time by the approved laboratory; and
(d)ensure that each sample is labelled with—
(i)a bar code or other device which enables the approved laboratory to identify the herd or part of a herd from which the sample was taken; and
(ii)the date on which the sample was taken.
(2) A person is exempt from the duty in paragraph (1) if that person only buys pre-packed raw milk for resale direct to the final consumer—
(a)in the container in which that person received it with the fastenings unbroken; or
(b)from a vehicle which is lawfully used as shop premises.
(3) In paragraph (2), “final consumer” has the same meaning as in point 18 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3).
(4) Any person who owns or keeps a herd of dairy cows in England and who offers for sale any milk or milk products derived from milk produced by that herd must—
(a)on 3 occasions each year, at such times as are notified to that person by the Secretary of State and at that person’s own expense, take (or arrange to have taken) a sample of milk which includes milk from all of the dairy cows in the herd at the time and whose milk is available for sale in any form;
(b)ensure, at that person’s own expense, that any sample of milk taken under sub-paragraph (a) is received by an approved laboratory for testing for evidence of the existence of brucellosis;
(c)add such preservative to the sample as may be specified from time to time by the approved laboratory; and
(d)ensure that the sample is labelled with—
(i)a bar code or other device which enables the approved laboratory to identify the herd or part of a herd from which the sample was taken; and
(ii)the date on which the sample was taken.
(5) No person may—
(a)treat any sample except by adding a preservative in accordance with paragraph (1)(c) or (4)(c), or
(b)tamper with any sample or its label.
(6) A person is deemed to have treated or tampered with a sample if that person does anything in relation to it which is likely to affect the result of the testing required under this article.
(7) Without prejudice to any proceedings for an offence under this Order, where there has been a failure by any person to comply with this article, an approved veterinary surgeon may take or cause to be taken any action specified in paragraph (1) or (4) (including taking a milk sample), and the amount of any expenses reasonably incurred by the approved veterinary surgeon is recoverable by the Secretary of State from that person.
9.—(1) The owner or person in charge of bovine animals or steers must—
(a)comply with a request of an officer for facilities to examine or test any bovine animal or steer for brucellosis, or diagnose it with that disease, and
(b)arrange for the collection, penning and securing of any such animal.
(2) Where the owner or person in charge of bovine animals or steers arranges or permits any diagnostic test for brucellosis to be carried out on those animals, otherwise than on behalf of the Secretary of State, that person must notify the Secretary of State of—
(a)any positive test result within 24 hours; and
(b)any negative test result within one month.
(3) The owner or person in charge of bovine animals or steers must not do or cause to be done anything likely to affect the result of a diagnostic test for brucellosis carried out on behalf of the Secretary of State.
(4) Without prejudice to any proceedings for an offence under this Order, where there has been a failure by any person to comply with this article, the Secretary of State may take or cause to be taken all reasonable steps to facilitate the examination and testing of bovine animals or steers for brucellosis, and the diagnosis of such animals with that disease, and the amount of any expenses reasonably incurred by the Secretary of State is recoverable from that person.
10.—(1) If required by an approved veterinary surgeon, the owner or person in charge of bovine animals or steers must mark those animals in a manner specified by the veterinary surgeon.
(2) An approved veterinary surgeon may paint, stamp, clip or otherwise mark bovine animals or steers.
(3) No person may alter, remove, obliterate or deface, or attempt to alter, remove, obliterate or deface, any marking made in accordance with paragraph (1) or (2).
11.—(1) Where the owner or person in charge of bovine animals reasonably believes that an abortion or premature calving has occurred, that person must within 24 hours—
(a)give notice of that fact to an officer; and
(b)arrange for the animal concerned, its foetus or calf, and its placenta to be isolated as far as practicable from other bovine animals.
(2) Paragraph (1)(b) applies until such time as an officer serves a notice in accordance with paragraph (3) upon the owner or person in charge of the bovine animal.
(3) A notice under paragraph (2) may require the disposal or destruction of the foetus or calf and the placenta without delay, whether or not samples are taken and a test result for brucellosis is obtained.
12.—(1) Where an officer has certified that any bovine animal has reacted to a diagnostic test for brucellosis, the occupier of the premises must, on being given notice of certification, take all reasonable steps to prevent the infection of bovine animals kept on adjoining premises by contact with bovine animals kept on that person’s premises.
(2) Where an officer has certified that any bovine animal has reacted to a diagnostic test for brucellosis or the officer reasonably believes it is infected with that disease, the officer may serve a notice in accordance with paragraph (3) on the owner or person in charge of that animal or on the occupier of the premises.
(3) A notice under paragraph (2) may require the owner or person in charge of the bovine animal or the occupier of the premises where the animal is kept to ensure that milk from the animal is not fed to other animals unless it has been pasteurised, sterilised or ultra-heat treated.
(4) Where an officer reasonably believes that any bovine animal kept or formerly kept on any premises is infected with brucellosis, or has been exposed to the risk of infection by that disease, the officer may serve a notice on the owner or person in charge of the animal requiring them to—
(a)arrange for the isolation of any animal specified in the notice in any part of the premises specified in the notice;
(b)ensure that any part of the premises specified in the notice is not used by any animal on the premises, or by such animals as may be specified;
(c)at that person’s own expense, cleanse and disinfect any part of the premises specified in the notice, and any vehicle, plant or equipment before it leaves the premises;
(d)treat and store manure, slurry or other animal waste from any place used by the animal;
(e)restrict the spreading of manure and the spraying of slurry from any place used by the animal, as specified in the notice; and
(f)burn, disinfect, bury or destroy any straw, litter or other matter which has or might have come into contact with the animal, its foetus or calf, or its placenta, as specified in the notice.
(5) A notice served in accordance with paragraph (4) may require any cow or heifer on the premises which is about to calve to be isolated as far as practicable from other bovine animals during the period of calving.
(6) Where an officer reasonably believes that any bovine animal which is present at, or has been present at, any slaughterhouse or premises used for a show, exhibition, market, sale or fair is infected with brucellosis, the officer may serve a notice on the occupier of the slaughterhouse or premises prescribing the manner of disposal of any manure, slurry, other animal waste, straw, litter or other matter which has or might have come into contact with the animal.
13.—(1) Where a bovine animal has reacted to a diagnostic test for brucellosis or where an officer reasonably believes that brucellosis exists on any premises, the officer may serve a notice on the owner or person in charge of the animal requiring them to notify the Secretary of State within a specified period of any full-term calving by the animal.
(2) Where a notice has been served under paragraph (1) and there is any full-term calving by the bovine animal to which the notice relates, the placenta and, if it dies at or after birth, the calf, must be retained by the owner or person in charge of the animal until such time as an officer serves a notice requiring the disposal or destruction of the placenta and calf.
14. Where a notice has been served under article 5, no manure, slurry or other animal waste may be removed from the premises except under the authority of a licence issued by an officer.
15. An officer may serve a notice on the owner or person in charge of bovine animals prohibiting or restricting the use of semen.
16.—(1) No person may use premises in connection with the holding of a show, exhibition, market, sale or fair at which bovine animals are present except under the authority of a licence issued by an officer.
(2) Where an officer believes that any bovine animal on premises at which a show, exhibition, market, sale or fair is being held is infected with, or has been exposed to the risk of infection by, brucellosis, the officer may require the animal to be removed from those premises and the owner or person in charge of such animals may choose to take them to—
(a)a slaughterhouse for immediate slaughter;
(b)the premises from which the animal was brought to the show, exhibition, market, sale or fair; or
(c)such other premises as the officer may direct.
(3) A bovine animal may only be removed in accordance with paragraph (2)(b) or (c) if it is immediately put into isolation for a period specified in a notice served by an officer on the owner or person in charge of the animal.
17.—(1) Unless a person has notified the Secretary of State in writing, that person must not use premises for the keeping of bovine animals for or in connection with—
(a)that person’s business as a dealer in bovine animals; or
(b)the regular purchase by that person of pregnant bovine animals for resale within 30 days of their expected date of calving or of their having calved.
(2) In paragraph (1), “dealer in bovine animals” means any person whose trade or business regularly includes the selling of bovine animals purchased by that person for the purpose of resale within 28 days.
18. Where an approved veterinary surgeon reasonably believes that a bovine animal is or may be infected with brucellosis, the veterinary surgeon may serve a notice on the occupier of the premises requiring the occupier to keep the animal under control in such manner or confined to such part of the premises as specified in the notice.
19. Section 32 of the Act (slaughter in other diseases) applies to brucellosis.
20.—(1) Where the Secretary of State proposes to cause bovine animals to be slaughtered under the powers conferred by section 32 of the Act in its application to brucellosis, an approved veterinary surgeon may serve a notice of intended slaughter on the owner or person in charge of the animal—
(a)informing that person of the proposed slaughter; and
(b)requiring that person to detain the animal pending slaughter and isolate it as far as practicable from other animals as may be specified.
(2) The person on whom such a notice is served must not move the animal off the premises, or cause or permit it to be moved off the premises, except under the authority of a licence issued by an officer.
21.—(1) Where the Secretary of State proposes to cause a bovine animal to be slaughtered under section 32 of the Act, the owner or person in charge of the animal must comply with the reasonable requirements of an officer for assistance in the collection, penning, and securing of the animal for identification and inspection in connection with the ascertainment of its value.
(2) Without prejudice to any proceedings for an offence under this Order, where there has been a failure by any person to comply with this article, the Secretary of State may carry out or cause to be carried out the collection, penning and securing of the animal for identification and inspection in connection with the ascertainment of its value, and the amount of any expenses reasonably incurred by the Secretary of State is recoverable from that person.
22. Where a licence is required under this Order for the movement of a bovine animal or steer, the person in charge of the animal must, at the request of an officer, inspector of a local authority or police constable—
(a)provide their name and address;
(b)produce the licence; and
(c)allow a copy or extract of the licence to be taken.
23.—(1) Any person who fails to comply with this Order is guilty of an offence under the Act.
(2) Without prejudice to any proceedings for an offence under this Order, where there has been a failure by any person to comply with article 6, 11, 12, 13 or 18 the Secretary of State may—
(a)carry out or cause to be carried out the requirements of any notice served under article 6(1), 11(2), 12(4), 12(6), 13(2) or 18; and
(b)recover from that person the amount of any expenses reasonably incurred by the Secretary of State.
24. Enforcement of this Order is by the local authority.
25. The following Orders are revoked—
(a)the Brucellosis (England) Order 2000(4); and
(b)the Brucellosis (England) (Amendment) Order 2008(5).
George Eustice
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
23rd February 2015
(This note is not part of the Order)
This Order revokes and substantially re-enacts the Brucellosis (England) Order 2000 (S.I. 2000/2055) (“the 2000 Order”) and the Brucellosis (England) (Amendment) Order 2008 (S.I. 2008/618) in relation to England.
It implements the provisions relating to milk of Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine (OJ No L 121, 29.7.1964, p 1977) and Council Directive 77/391/EEC introducing Community measures for the eradication of brucellosis, tuberculosis and leucosis in cattle (OJ No L 145, 13.6.1977, 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.
The main changes to the previous regime made by this Order relate to the arrangements for testing milk for evidence of brucellosis and provision for the Secretary of State to approve veterinary surgeons to carry out the functions previously performed by veterinary inspectors under the 2000 Order.
Article 3 provides for the Secretary of State to approve veterinary surgeons for the purpose of functions under the Order.
Article 8(1) places a duty on those who buy milk (in any form) in England for resale from the owner or person in charge of a herd of dairy cows to ensure that on a quarterly basis a sample of milk (which includes milk from all the dairy cows in that herd whose milk is available for sale) is taken and received by an approved laboratory for testing for brucellosis. The 2000 Order previously required such testing on a monthly basis.
Article 8(4) introduces a new obligation for any person who owns or keeps a herd of dairy cows in England and who offers for sale any milk or milk products derived from milk produced by that herd to ensure that 3 times a year, at times to be notified by the Secretary of State, a sample of milk from all of the cows in the herd whose milk is available for sale is taken and received by an approved laboratory for testing for brucellosis. The offences (article 23) and enforcement provisions (article 24) apply to this new obligation.
An impact assessment of the effect of this instrument on the costs to business is available from the Zoonoses Policy team, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and is published with the Explanatory Memorandum alongside the instrument at www.legislation.gov.uk.
1981 c. 22. By virtue of section 86(1)(ii), functions relating to brucellosis conferred by that Act on “the Ministers” are exercisable by “the appropriate Minister”, defined in section 86(1)(b) in relation to England as the Minister of Agriculture, Fisheries and Food. Functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), article 2.
OJ No L 031, 1.2.2002, p.1, as last amended by Regulation (EU) No 652/2014 (OJ No L 189, 27.6.2014, p.1).
S.I. 2000/2055, amended by S.I. 2008/618 and 2009/2713.