The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010

Regulation 5(c)

SCHEDULE 4 Control and eradication of TSE in sheep and goats

1. 1. Notification

2. 2. Restriction of a notified animal

3. 3. Killing of a suspect animal

4. 4. Movement restrictions

5. 5. Action where TSE is not confirmed

6. 6. Action following confirmation of TSE in sheep

7. 7. Confirmation of TSE in goats

8. 8. Use of milk and milk products following confirmation of classical scrapie

9. 9. Inability to exclude BSE in sheep or goats

10. 10. Confirmation of atypical scrapie in sheep or goats

11. 11. Derogation

12. 12. Time for appeals

13. 13. Killing and destruction following confirmation

14. 14. Animals from another holding

15. 15. Common grazing

16. 16. Multiple flocks on a holding

17. 17. Subsequent occupiers

18. 18. Introduction of animals onto a holding

19. 19. Use of ovine germinal products

20. 20. Movement of animals from a holding

21. 21. Period of movement restrictions

22. 22. Death while under restriction

23. 23. Placing on the market of progeny of sheep or goats in which BSE is confirmed

24. 24. Compensation for a sheep or goat slaughtered as a suspect animal

25. 25. Compensation for animals killed or products destroyed followig confirmation of TSE

26. 26. Valuations

27. 27. Compensation for milk and milk products compulsorily destroyed in accordance with paragraph 9

Notification

1.—(1) For the purposes of Article 11 of the EU TSE Regulation (notification), any person who has possession or control of any sheep or goat suspected of having a TSE must immediately notify the Scottish Ministers and detain it on the premises until it has been examined by a veterinary inspector.

(2) Any veterinary surgeon who examines or inspects any sheep or goat suspected of having a TSE must, with all practical speed, notify the Scottish Ministers.

(3) Any person (other than the Scottish Ministers) who examines the body of any sheep or goat, or any part of it, in a laboratory and who reasonably suspects the presence of a TSE must immediately notify the Scottish Ministers, 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

2.—(1) When a sheep or goat is the subject of notification under paragraph 1, a veterinary inspector may, pending determination of whether or not it is suspected of having a TSE, serve a notice prohibiting the movement of the animal from its holding and the movement of any other sheep or goat on to or from that holding.

(2) Movements of restricted animals are only permitted in accordance with regulation 16.

Killing of a suspect animal

3.—(1) For the purposes of Article 12(1) and (2) (measures with respect to suspect animals) of the EU TSE Regulation, if a veterinary inspector suspects that a sheep or goat has a TSE, the inspector must—

(a) cause the animal to be killed on the holding immediately;

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

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

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

Movement restrictions

4.—(1) For the purposes of Article 12(1) (measures with respect to suspect animals) of, and point 2.2 of Chapter A of Annex VII (measures following confirmation of the presence of a TSE) to, the EU TSE Regulation, following suspicion of a TSE (whether in a live animal or through the monitoring under Annex III to the EU TSE Regulation (monitoring system)), an inspector—

(a) must serve a notice prohibiting the movement onto or from its holding of any sheep or goat on the same holding as the suspect animal if the inspector considers that the animal was exposed to a TSE on that holding;

(b) may serve a notice prohibiting the movement onto or from any holding of any sheep or goat if there is evidence that the suspect animal was exposed to a TSE on that holding;

(c) may serve a notice prohibiting movement onto or from a holding where an animal specified in point 1(b) of Chapter A of Annex VII to the EU TSE Regulation (measures following confirmation of the presence of a TSE) is kept or where the inspector suspects such an animal is kept; and

(d) must serve a notice prohibiting the movement of sheep or goat milk, or sheep or goat milk products, derived from any sheep or goat present on any holding referred to in paragraphs (a) to (c).

(2) Movements of restricted animals or products are only permitted in accordance with regulation 16.

(3) To avoid doubt, a notice served under sub-paragraph (1)(d) does not prohibit the use of milk or milk products within the holding.

(4) A notice referred to in sub-paragraph (1)(a) to (d) remains in force until one of paragraphs 5, 6, 7 or 9 applies.

Action where TSE is not confirmed

5.  If it is confirmed that the sheep or goat did not have a TSE, an inspector must remove as soon as reasonably practicable all restrictions imposed because the sheep or goat was suspected of having a TSE.

Action following confirmation of TSE in sheep

6.—(1) When it is confirmed that a suspect sheep or the body of a sheep monitored under Annex III to the EU TSE Regulation (monitoring system) has a TSE, and BSE is excluded in accordance with the procedure set out in point 3.2(c) of Chapter C of Annex X to that Regulation (further examination of positive TSE cases), the Scottish Ministers, after—

(a) carrying out the inquiry specified in Article 2.3(b) of, and point 1(b) of Chapter A of Annex VII to, the EU TSE Regulation (measures following confirmation of the presence of a TSE); and

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

must decide which of the options set out in point 2.3(b)(i) and (ii) of Chapter A of Annex VII to the EU TSE Regulation they intend to exercise.

(2) The Scottish Ministers must then serve a notice on the occupier of the holding identifying which of the options in point 2.3(b)(i) or (ii) of Chapter A of Annex VII to that Regulation they intend to exercise.

(3) The notice must specify—

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

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

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

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

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

(4) The appeals procedure in regulation 10 applies in relation to any decision of the Scottish Ministers under this paragraph.

Confirmation of TSE in goats

7.—(1) This paragraph applies if it is confirmed that a suspect goat, or a body of a goat monitored under Annex III to the EU TSE Regulation, is affected with a TSE, and BSE is excluded in accordance with the procedure set out in point 3.2(c) of Chapter C of Annex X to that Regulation (further examination of positive TSE cases), except where the Scottish Ministers decide to exercise the power in paragraph 10(3).

(2) The Scottish Ministers, after carrying out the inquiry specified in Article 13(1)(b) of, and point 1(b) of Chapter A of Annex VII to, the EU TSE Regulation (measures following confirmation of the presence of a TSE), must serve a notice on the occupier of the holding informing him or her that the Scottish Ministers intend to kill and destroy all the goats on the holding and all embryos and ova from those animals in accordance with Article 13(1)(c) of, and point 2.3(b)(i) of Chapter A of Annex VII, to that Regulation.

(3) The appeals procedure in regulation 10 applies in relation to any decision of the Scottish Ministers under this paragraph.

Use of milk and milk products following confirmation of classical scrapie

8.—(1) This paragraph applies to milk or milk products derived from a sheep or goat that is to be destroyed in accordance with paragraph 6 or 7.

(2) Milk and milk products must not—

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

(b) be exported, or allowed to be exported, to any other Member State or third country as feed for non-ruminants.

(3) Milk and 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 milk or milk products must not be stored on farms 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 transporting any feedingstuffs intended for ruminants, be thoroughly cleaned so as to avoid cross-contamination, in accordance with a procedure approved by the Scottish Ministers.

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

Inability to exclude BSE in sheep or goats

9.—(1) This paragraph applies if a TSE is confirmed in a suspect sheep or goat, or a body of a sheep or goat monitored under Annex III to the EU TSE Regulation (monitoring system), and BSE cannot be excluded by the results of a ring trial carried out in accordance with the procedure set out in point 3.2(c) of Chapter C of Annex X to that Regulation (further examination of positive TSE cases).

(2) The Scottish Ministers, after carrying out the inquiry specified in Article 13(1)(b) of, and point 1(b) of Chapter A of Annex VII to, the EU TSE Regulation (measures following confirmation of the presence of a TSE), must serve a notice on the occupier of the holding informing him or her of the Scottish Ministers’ intention to have the animals killed and destroyed, and the embryos and ova destroyed and the milk and milk products destroyed, in accordance with Article 13(1)(c), and point 2.3(a) of Chapter A of Annex VII to that Regulation.

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

(4) The appeals procedure in regulation 10 applies in relation to any decision of the Scottish Ministers under this paragraph.

Confirmation of atypical scrapie in sheep or goats

10.—(1) This paragraph applies if the TSE confirmed in a suspect sheep or goat, or a body of a sheep or goat, monitored under Annex III to the EU TSE Regulation is atypical scrapie, and BSE is excluded in accordance with the procedure set out in point 3.2(c) of Chapter C of Annex X to that Regulation (further examination of positive TSE cases).

(2) The Scottish Ministers may decide not to apply paragraph 6 in respect of sheep, or paragraph 7 in respect of goats.

(3) If the Scottish Ministers decide not to apply either paragraph 6 or 7, the Scottish Ministers must, instead of complying with the requirements in that paragraph—

(a) carry out the inquiry specified in Article 13(1)(b) of, and point 1(b) of Chapter A of Annex VII to, the EU TSE Regulation (measures following confirmation of the presence of a TSE); and

(b) decide which of the options set out in point 5(a) or (b) of Chapter A of Annex VII to that Regulation the Scottish Ministers intend to exercise.

(4) The Scottish Ministers must then serve a notice on the occupier of the holding informing him or her of which option the Scottish Ministers intend to exercise.

(5) If the Scottish Ministers choose the option set out in point 5(a) of Chapter A of Annex VII to the EU TSE Regulation, the notice must specify—

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

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

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

(6) If the Scottish Ministers choose the option set out in point 5(b) of Chapter A of Annex VII to the EU TSE Regulation, for 2 breeding years following the detection of the last TSE case, the occupier must—

(a) identify all sheep and goats on the holding by attaching a tag to the ear of each animal;

(b) ensure that no tag is removed, other than as directed or permitted by the Scottish Ministers; and

(c) subject the holding to the intensified TSE monitoring set out in point 5(b)(ii) of Chapter A of that Annex,

and failure to comply with this sub-paragraph is an offence.

(7) No person may export any live sheep or goat identified under sub-paragraph (6) or embryos or ova from such animals to another Member State or third country, and failure to comply with this sub-paragraph is an offence.

(8) The appeals procedure in regulation 10 applies in relation to any decision by the Scottish Ministers under this paragraph.

(9) In sub-paragraph (6), “tag” means an identification tag approved for the purposes of sub-paragraph (6) by the Scottish Ministers.

Derogation

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

(a) the Scottish Ministers may decide to delay the destruction of any animals specified in a notice served under paragraph 6 or 7; or

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

(2) The Scottish Ministers 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 Scottish Ministers may decide upon, or consent to, a delay of up to 5 breeding years.

(4) The Scottish Ministers 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 sheep or goats 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 Scottish Ministers must provide the applicant with a decision in writing, stating that the Scottish Ministers—

(a) consent to the application;

(b) consent in part to the application; or

(c) refuse the application.

(7) The Scottish Ministers may impose any conditions that they consider to be reasonably necessary in relation to any decision made, or consent granted, under this paragraph.

(8) Unless the Scottish Ministers consent to the application in full, the appeals procedure in regulation 10 applies in relation to any decision by the Scottish Ministers under this paragraph.

Time for appeals

12.  The Scottish Ministers must not cause to be killed any sheep or goat, or cause to be destroyed any ovum or embryo, under this Schedule until—

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

(b) after the 21 day period for appeal under regulation 10 has expired; or

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

Killing and destruction following confirmation

13.—(1) An inspector must ensure that all the animals specified for killing in the notice under paragraph 6(2), 7(2), 9(2) or 10(4) are killed and that all the ova and embryos specified for destruction in the notice are destroyed.

(2) If an animal is not killed on the holding, 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 under 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.

Animals from another holding

14.  For the purposes of point 2.4 of Chapter A of Annex VII to the EU TSE Regulation (measures following confirmation of the presence of a TSE), if the animal with a TSE was introduced from another holding, the Scottish Ministers may act in accordance with this Schedule in relation to the holding of origin in addition to, or instead of, the holding on which a TSE was confirmed.

Common grazing

15.  In the case of animals with a TSE on common grazing, the Scottish Ministers may limit a notice under paragraph 6(2), 7(2), 9(2) or 10(4) to an individual flock or herd in accordance with point 2.4 of Chapter A of Annex VII to the EU TSE Regulation.

Multiple flocks on a holding

16.  Where more than one flock is kept on a single holding, the Scottish Ministers may limit a notice under paragraph 6(2), 7(2), 9(2) or 10(4) to an individual flock or herd in accordance with point 2.4 of Chapter A of Annex VII to the EU TSE Regulation.

Subsequent occupiers

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

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

Introduction of animals onto a holding

18.  Any person who introduces an animal onto a holding in contravention of point 3.1 of Chapter A of Annex VII to the EU TSE Regulation is guilty of an offence.

Use of ovine germinal products

19.  Any person who uses ovine germinal products in contravention of point 3.2 of Chapter A of Annex VII to the EU TSE Regulation is guilty of an offence.

Movement of animals from a holding

20.  Any person who moves an animal from a holding in contravention of point 3.3 of Chapter A of Annex VII to the EU TSE Regulation is guilty of an offence.

Period of movement restrictions

21.  For the purposes of point 3.4 of Chapter A of Annex VII to the EU TSE Regulation the relevant dates must be established by the Scottish Ministers giving written notification of those dates to the occupier of the holding.

Death while under restriction

22.  If any animal aged 18 months or over dies or is killed while it is under restriction for any reason under this Schedule or Annex VII to the EU TSE Regulation, the owner must immediately notify the Scottish Ministers, and retain the body on the premises until the owner is directed in writing to move or dispose of it by the Scottish Ministers, and it is an offence not to comply with this paragraph or to fail to comply with a direction under it.

Placing on the market of progeny of sheep or goats in which BSE is confirmed

23.  Any person who places on the market any first generation progeny, semen, embryo or ovum of a sheep or goat suspected of, or confirmed with, a TSE in contravention of Article 15(2) of the EU TSE Regulation and Chapter B of Annex VIII to that Regulation is guilty of an offence.

Compensation for a sheep or goat slaughtered as a suspect animal

24.—(1) The Scottish Ministers must pay compensation in accordance with this paragraph for a sheep or goat killed as a suspect animal.

(2) Where it is confirmed that it was affected with a TSE, the compensation is—

(a) £30 in the case of an animal at the end of its productive life; and

(b) £90 in any other case.

(3) Where it is not confirmed that it was affected with a TSE, the compensation is the higher of—

(a) the amount that would have been payable under this paragraph if it had been confirmed the animal was affected with a TSE; and

(b) such sum as appears to the Scottish Ministers, having regard to any information provided by the owner of the animal and any other relevant information, to reflect the market value of the animal, subject to a maximum sum of £400 for each animal.

Compensation for animals killed or products destroyed following confirmation of TSE

25.  The Scottish Ministers must pay compensation to the owner of animals killed and products destroyed under this Schedule following confirmation of a TSE in accordance with the following provisions of this paragraph—

Compensation

Animal or product	Compensation (£)
Male sheep or goat	90
Female sheep or goat	65
Lamb (under 12 months old) or kid (under 12 months old)	40
Embryo	150
Ovum	5.

Valuations

26.—(1) If the owner of an animal or product considers the compensation in the preceding paragraph to be unreasonable a valuation must be carried out in accordance with the procedure laid down in regulation 11(3) to (8), with the owner paying any valuation fee arising.

(2) When carrying out a valuation under regulation 11(5), the valuer must value the animal or product at the price that might reasonably have been obtained for it at the time of valuation from a buyer in the open market as if the animal or product was not from a flock or herd affected by TSE.

Compensation for milk and milk products compulsorily destroyed in accordance with paragraph 9

27.—(1) The Scottish Ministers must pay compensation in accordance with this paragraph for milk and milk products destroyed pursuant to paragraph 9.

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

(3) If the owner of milk or milk products considers the compensation in the preceding paragraph to be unreasonable, a valuation must be carried out in accordance with the procedure laid down in regulation 11(3) to (8), with the owner paying any valuation fee arising.