The Enzootic Bovine Leukosis (Scotland) Regulations 2000

Sampling of milk for testing for evidence of the existence of enzootic bovine leukosis

6.—(1) Any person who buys milk from the owner or person in charge of a herd of dairy cows in Scotland for resale as milk or milk products shall–

(a) select an approved laboratory to carry out testing of such milk for enzootic bovine leukosis;

(b) notify the Scottish Ministers of the laboratory selected;

(c) upon notification by the Scottish Ministers, and at that person’s own expense, submit to that laboratory for testing for evidence of enzootic bovine leukosis two samples of milk which shall be taken in every fifth calendar year at a minimum of four months apart and such samples shall include milk from all the dairy cows in that herd;

(d) add such preservative to the sample as may be requested by the person in charge of the laboratory; and

(e) ensure that the sample is labelled with–

(i) a bar code or other device which enables the 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 imposed by paragraph (1) above, if that person only purchases pre-packed raw milk for resale–

(a) in the container in which that person received it with the fastenings unbroken;

(b) from a vehicle which is lawfully used as shop premises; and

(c) direct to the ultimate consumer,

(3) For the purposes of this regulation,

(a) “ultimate consumer” means any person who buys milk other than for the purposes of–

(i) resale;

(ii) a catering establishment; or

(iii) a manufacturing business; and

(b) “catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation.

(4) No person shall in any way treat, other than by adding preservative in accordance with paragraph (1)(d) above, or tamper with any sample or its label and a person shall be 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 regulation.

(5) The person in charge of an approved laboratory shall–

(a) maintain a record of those herds, the milk from which is sent to it for testing under paragraph (1) above;

(b) notify the Scottish Ministers forthwith if a sample is not received from one of the herds listed in its records held under sub-paragraph (a);

(c) notify the Scottish Ministers within 24 hours where a sample has been tested for evidence of the existence of enzootic bovine leukosis and the result is positive;

(d) notify the Scottish Ministers within one month where a sample has been tested for evidence of the existence of enzootic bovine leukosis and the result is negative; and

(e) maintain a record of the result of all the tests carried out for evidence of the existence of enzootic bovine leukosis for a period of one year from the date of the test.

(6) If any person fails to take any action required under the provisions of paragraph (1) above, a veterinary inspector may, without prejudice to any proceedings for an offence arising out of such default, take or cause to be taken such action and any expenses reasonably incurred in so doing shall be recoverable by the Scottish Ministers from the person in default.