The Bovine Viral Diarrhoea (Wales) Order 2024

PART 4 BVD Status

Individual BVD status of animals

19.—(1) For the purposes of this Order, a bovine animal or calf has either—

(a) an individual BVD status of positive,

(b) an individual BVD status of persistently infected,

(c) an individual BVD status of negative, or

(d) no individual BVD status.

(2) Subject to article 21, a bovine animal has an individual BVD status of positive if the operator of an approved laboratory has by notice informed the Welsh Ministers that the animal has an individual BVD status of positive under articles 31(1)(b)(i), 40(5)(b), 41(4)(b) or, in the case of a calf, article 37(b).

(3) A bovine animal has an individual BVD status of persistently infected if the operator of an approved laboratory has by notice informed the Welsh Ministers that the animal has an individual BVD status of persistently infected under article 34(b)(i).

(4) A bovine animal has an individual BVD status of negative if the operator of an approved laboratory has by notice informed the Welsh Ministers that the animal has an individual BVD status of negative under articles 31(1)(a)(i), 34(a)(i), 40(5)(a), 41(4)(a) or, in the case of a calf, article 37(a).

(5) A bovine animal has no individual BVD status in all other cases.

Collective BVD status of herds

20.—(1) For the purposes of this Order, a bovine herd has either—

(a) a collective BVD status of not negative,

(b) a collective BVD status of negative, or

(c) no collective BVD status.

(2) Subject to article 22, a bovine herd has a collective BVD status of not negative—

(a) at any time that paragraph (4) applies to the herd, or

(b) where the operator of an approved laboratory has by notice under articles 28(b), 31(1)(b)(ii) or 34(b)(ii) informed the Welsh Ministers that the herd has a collective BVD status of not negative.

(3) A bovine herd has a collective BVD status of negative—

(a) at any time paragraph (4) does not apply to the herd, and

(b) where the operator of an approved laboratory has by notice under articles 28(a), 31(1)(a)(ii) or 34(a)(ii) informed the Welsh Ministers that the herd has a collective BVD status of negative.

(4) This article applies where—

(a) the herd contains a bovine animal which has an individual BVD status of positive,

(b) the herd contains a bovine animal which has an individual BVD status of persistently infected, or

(c) the keeper of the bovine herd has not complied with any obligations applicable to the herd in article 25 (Sampling of bovine herds in accordance with compliance deadlines).

(5) The bovine herd has no collective BVD status in all other cases.

(6) In this article, any reference to a “notice” means the most recent notice submitted by the operator of an approved laboratory to the Welsh Ministers under articles 28, 31 or 34.

Change of individual BVD status by an approved veterinary surgeon

21.  An approved veterinary surgeon may change the individual BVD status of a bovine animal from positive to negative where that surgeon reasonably considers that further action or investigation has been carried out which confirms that BVDV is not or is no longer present in that animal.

Change of collective BVD status by an approved veterinary surgeon

22.  An approved veterinary surgeon may change the collective BVD status of a bovine herd from not negative to negative where that surgeon reasonably considers that—

(a) further action or investigation has been carried out to confirm the presence of BVDV in any animal forming part of the herd, and

(b) as a result of such action or investigation, either the presence of BVDV has not been confirmed in any such animal or, in the case where the presence of BVDV has been confirmed in any such animal, that animal has been removed from the herd and, prior to its removal, the animal was isolated or other appropriate steps were taken so as to minimise the risk of spread of BVDV to any other animal in the herd.

Notification of a change of status by an approved veterinary surgeon

23.—(1) The approved veterinary surgeon must by notice inform the keeper and the Welsh Ministers of any change of BVD status under articles 21 or 22.

(2) A notice under paragraph (1) must be given within 5 days of the approved veterinary surgeon’s determination of the change of BVD status and must include the official ear tag number of the animal or animals in respect of which the further action or investigation or, as the case may be, further testing, has been carried out.

Publication of status

24.  The Welsh Ministers may publish any information regarding the status, or change of status, of a bovine herd or bovine animal, in any form, that the Welsh Ministers see fit for the purpose of helping other persons to protect against the spread of BVD.