The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2018

Regulation 6(d)

SCHEDULE 4 N.I. CONTROL AND ERADICATION OF TSE IN OVINE AND CAPRINE ANIMALS

Notification of TSE N.I.

1.—(1) For the purposes of Article 11, any person who has in their possession or under their charge an ovine or caprine animal suspected of being affected with a TSE must immediately notify the Department and detain it on the premises until it has been examined by a veterinary inspector.

(2) Any veterinary surgeon who examines or inspects any such animal must, with all practical speed, notify the Department.

(3) Any person (other than the Department) who examines the body of any ovine or caprine animal, or any part of it, in a laboratory and who reasonably suspects the presence of a TSE must immediately notify the Department, and retain the body and any parts of it until a veterinary inspector has authorised disposal.

(4) Failure to comply with this paragraph is an offence.

Restriction of a notified animal N.I.

2.—(1) If notification is given to the Department under paragraph 1 in relation to an ovine or caprine animal an inspector may, pending determination by a veterinary inspector of whether or not it is suspected of being affected with a TSE, serve a notice prohibiting the movement of that animal from the premises on which it was detained and the movement of any other ovine or caprine animal onto or from those premises.

(2) Movements of animals restricted under this paragraph are only permitted in accordance with regulation 17.

Slaughter of a suspect animal N.I.

3.—(1) For the purposes of Article 12(1) and (2), if a veterinary inspector suspects that an ovine or caprine animal is affected with a TSE, the veterinary inspector must either—

(a) kill it immediately on the premises on which it was kept;

(b) serve a notice prohibiting the animal from being moved from the premises until it has been killed; or

(c) serve a notice directing the occupier to consign it to other premises for killing and prohibiting movement other than in accordance with that direction.

(2) If the animal is killed on any premises in accordance with this paragraph, it is an offence to remove the body from the premises except in accordance with a written direction from an inspector.

Movement restrictions N.I.

4.—(1) For the purposes of Article 12(1) and point 2(2) of Chapter B of Annex VII, following suspicion of a TSE in an ovine or caprine animal (“a suspected animal”) (whether in a live animal or through the monitoring under Annex III ), an inspector—

(a) must serve a notice prohibiting the movement of any other ovine or caprine animal onto or from the premises on which the suspected ovine or caprine animal is kept if the inspector considers that the ovine or caprine animal was exposed to a TSE on those premises;

(b) may serve a notice prohibiting the movement onto or from any premises of any ovine or caprine animal if there is evidence that the suspected ovine or caprine animal was exposed to a TSE on those premises;

(c) may serve a notice prohibiting movement onto or from any premises where an animal specified in point 1(b) of Annex VII is kept or where the inspector suspects such an animal is kept; and

(d) must serve a notice prohibiting the movement of milk or milk products derived from any ovine or caprine animal present on any holding referred to in sub-paragraphs (a) to (c).

(2) Movements of animals or products restricted under this Schedule are only permitted in accordance with regulation 17.

(3) A notice served under paragraph (1)(d) does not prohibit the use of milk or milk products within the premises.

(4) A notice referred to in paragraph (1)(a) to (d) remains in force until one of the paragraphs 5, 6, and 8 applies.

Action where TSE is not confirmed N.I.

5.  If it is confirmed in any case to which this Schedule applies that a suspected animal was not affected with a TSE, an inspector must, as soon as is reasonably possible, remove all restrictions imposed because of the suspected animal.

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

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.

Use of milk or milk products following confirmation of classical scrapie N.I.

7.—(1) This paragraph applies to milk or milk products derived from an ovine or caprine animal that is to be destroyed in accordance with paragraph 6.

(2) Milk or milk products must not—

(a) be used for feeding ruminants, other than ruminants within the premises; or

(b) [F1 except as provided by sub- paragraph (3)] be exported, or allowed to be exported, to a member State or third country as feed for non-ruminants.

(3) Milk or milk products that are to be fed to non-ruminants in the United Kingdom must be—

(a) accompanied by documentation that clearly states that it must not be fed to ruminants; and

(b) contained in packaging that is clearly marked “must not be fed to ruminants”.

(4) Feedingstuffs containing these milk or milk products must not be stored on premises where ruminants are kept.

(5) Bulk feedingstuffs containing milk or milk products must not be transported in vehicles that also transport feedingstuffs for ruminants.

(6) Vehicles that have transported bulk feedingstuffs containing milk or milk products must, before being used for the transport of any feedingstuffs intended for ruminants, be thoroughly cleaned so as to avoid cross-contamination, in accordance with a procedure approved by the Department.

(7) Failure to comply with any of sub-paragraphs (2) to (6) is an offence.

Textual Amendments

F1 Words in Sch. 4 para. 7(2)(b) inserted (31.12.2020) by The Animals (Health, Identification, Trade and Veterinary Medicines) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/353), regs. 1(3), 9

Inability to exclude BSE in ovine or caprine animals N.I.

8.—(1) This paragraph applies if a TSE is confirmed in a suspected ovine or caprine animal, or a body of an ovine or caprine animal monitored under Annex III , and BSE cannot be excluded by the results of a ring trial carried out in accordance with the procedure set out in Annex X, Chapter C, point 3(2)(c).

(2) The Department, after carrying out the inquiry specified in Article 13(1)(b) and point 1(b) of Chapter B of Annex VII, must serve a notice on the occupier of the premises informing them of its intention to kill and destroy the animals, destroy the embryos and ova and milk or milk products in accordance with Article 13(1)(c) and point 2(3)(a) of Chapter B of Annex VII of that Regulation.

(3) In sub-paragraph (2), “milk or milk products” means the milk or milk products that derived from the ovine or caprine animals that were present on the relevant premises on and from the date on which notice was served under paragraph 4(1)(d).

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

Confirmation of atypical scrapie in ovine or caprine animals N.I.

9.—(1) If the TSE confirmed as atypical scrapie, and BSE is excluded, then the Department, after carrying out an inquiry must serve a notice informing the occupier that the premises will be subject to monitoring in accordance with Annex VII.

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

Derogation N.I.

10.—(1) Subject to sub-paragraphs (2) to (4)—

(a) the Department may decide to delay the destruction of any animals specified in a notice served under paragraph 6; or

(b) the occupier of the relevant holding may apply to the Department for a delay in the destruction of any such animals.

(2) The Department must not decide upon, or consent to, a delay unless satisfied that—

(a) the frequency of ARR allele within the relevant breed or holding is low or absent; or

(b) a delay is necessary in order to avoid inbreeding.

(3) Subject to sub-paragraph (4), the Department may decide upon, or consent to, a delay of up to five breeding years.

(4) The Department must not decide upon, or consent to—

(a) any delay, if a breeding ram (other than a ram of the ARR/ARR genotype present within the breed or holding) is on the holding; or

(b) a delay of more than 18 months in relation to ovine or caprine animals kept for the production of milk or milk products intended for placing on the market.

(5) An application under sub-paragraph (1)(b) must be in writing and must set out in full the reasons for the application.

(6) The Department must provide the applicant with a decision in writing, stating that the Department—

(a) consents to the application;

(b) consents in part to the application; or

(c) refuses the application.

(7) The Department may impose any conditions that it considers to be reasonably necessary in relation to any decision made, or consent granted, under this paragraph.

(8) Unless the Department consents to the application in full, the appeals procedure in regulation 11 applies.

Time for appeals N.I.

11.  The Department must not kill any ovine or caprine animal, or destroy any ovum or embryo, under this Schedule until—

(a) it has received written notification from the person on whom the notice is served to indicate that person has no intention to proceed with an appeal; or

(b) if sub-paragraph (a) does not apply after the 21 day period for appeal under regulation 11 is completed; or

(c) if there is an appeal, the appeal is determined or withdrawn.

Killing and destruction following confirmation N.I.

12.—(1) An inspector must ensure that any animal specified for killing in the notice in paragraph 6(3), 8(2) or 9(1) is killed and that all the ova and embryos, and milk or milk products specified for destruction in the notice are destroyed.

(2) If an animal to which sub-paragraph (1) applies is not killed on the premises on which it is kept, an inspector must direct the owner in writing to consign it to other premises for killing as specified in the direction.

(3) When an animal has been killed in accordance with this paragraph, it is an offence to remove the body from the premises on which it was killed except in accordance with a written direction from an inspector.

Infected animals from other premises N.I.

13.  For the purposes of point 2(3) of Chapter B of Annex VII, if the infected animal was introduced from any other premises onto the premises where the infection was confirmed, the Department may act in accordance with this Schedule in relation to those other premises in addition to, or instead of, the premises on which infection was confirmed.

Common grazing N.I.

14.  In the case of an infected animal on common grazing, the Department may limit a notice under paragraphs 6(3), or 8(2) to an individual flock or herd.

Multiple flocks on any premises N.I.

15.  Where more than one flock is kept on a premises, the Department may limit a notice under paragraphs 6(3) or 8(2) to an individual flock or herd.

Change of occupier N.I.

16.—(1) If there is a change in occupation of any premises, the previous occupier must ensure that the new occupier is made aware of the existence and contents of any notice served under this Schedule in relation to those premises, and failure to do so is an offence.

(2) The new occupier must comply with the notice as if that notice was served on that occupier, and failure to do so is an offence.

Introduction of an animal onto any premises N.I.

17.  Any person who introduces an animal onto any premises in contravention of point 3(2) of Chapter B of Annex VII is guilty of an offence.

Use of ovine germinal products N.I.

18.  Any person who uses ovine germinal products in contravention of point 3(3) of Chapter B of Annex VII is guilty of an offence.

Movement of an animal from any premises N.I.

19.  Any person who moves an animal from any premises in contravention of point 3(4) of Chapter B of Annex VII is guilty of an offence.

Time of movement restrictions N.I.

20.  For the purposes of point 3(5) of Chapter B of Annex VII the relevant dates must be established by the Department giving written notification of those dates to the occupier of the premises in question.

Death while under restriction N.I.

21.—(1) If any animal of 18 months of age or over dies or is killed while it is under restriction for any reason under this Schedule or Annex VII, the owner must immediately notify the Department, and retain the body on the premises where it was kept until they are directed in writing to move or dispose of it by the Department.

(2) It is an offence not to comply with this paragraph or to fail to comply with a direction under it.

Prohibitions from placing on the market of progeny of a BSE affected ovine or caprine animal N.I.

22.  A person must not place on the market the last born progeny of a BSE confirmed, ovine or caprine animal born during the preceding two-year period or during the period that followed the appearance of the first clinical signs of the onset of the disease.

Compensation for animals killed or products destroyed following confirmation of TSE N.I.

23.  The Department must pay compensation to the owner of animals killed and products (other than products destroyed in accordance with paragraph 8) destroyed under this Schedule following confirmation of a TSE.

Valuations N.I.

24.—(1) If compensation for an animal is to be paid, the valuation of the animal will be the market value of the animal determined in accordance with the procedure in regulation 12.

(2) The nominated valuer must value the animal, milk and milk product at the price that might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal was not from a flock or herd affected by a TSE.

Compensation for milk or milk products compulsorily destroyed in accordance with paragraph 8 N.I.

25.—(1) The Department must pay compensation in accordance with this paragraph for milk or milk products destroyed pursuant to paragraph 8.

(2) The compensation payable is that which the Department believes might reasonably have been obtained for the milk or milk products on the open market had it not been compulsorily destroyed and had not been milk derived from a flock or herd affected by TSE.

(3) If the owner of the milk or milk products considers the compensation to be unreasonable a valuation must be carried out in accordance with the procedure laid down in regulation 12(3) to (8) with the owner paying any valuation fee arising.