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SCHEDULE 4CONTROL AND ERADICATION OF TSE IN OVINE AND CAPRINE ANIMALS

Confirmation of a TSE other than BSE or atypical scrapie in ovine or caprine animals

6.—(1) This paragraph applies if it is confirmed that a suspected ovine animal, or a body of an ovine animal monitored under Annex III, is affected with a TSE, and BSE and atypical scrapie is excluded in accordance with the procedure set out in Annex VII, and Annex X, Chapter C, point 3(2).

(2) The Department, after—

(a)carrying out the inquiry specified in Article 13(1)(b) and point 1(b) of Chapter B of Annex VII; and

(b)sampling the animals to establish their genotype (if this is necessary),

must decide which of the options set out in point 2.2.2(b) or (c) of Chapter B of Annex VII it intends to exercise.

(3) The Department must then serve a notice on the occupier of the premises in question informing the occupier of which of the options in those points it intends to exercise.

(4) The notice must specify—

(a)the identity of the animals to be killed and destroyed;

(b)the identity of the animals (if any) to be slaughtered for human consumption;

(c)the identity of the animals (if any) that may be retained;

(d)the identity of any ovum or embryo to be destroyed; and

(e)the time limit for complying with the notice.

(5) The appeals procedure in regulation 11 applies in relation to any decision under this paragraph.