EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for all keepers of breeding cattle to screen their herds or the animal annually to determine whether the bovine viral diarrhoea virus (“BVDV”) is or may be present in the herd or the animal.

Every keeper of a breeding herd or animal must arrange for his or her herd or animal to be screened by one of the screening methods provided for (article 7). All the methods require samples to be tested, and keepers must use laboratories that have been approved by Scottish Ministers for this purpose under article 4.

Keepers may take milk samples and ear-tag samples, but veterinary surgeons are required to take blood and tissue samples (other than ear-tag samples). A milk recorder may take individual and bulk milk samples and a milk collector may take bulk milk samples (article 10). A keeper may decide, without consulting a veterinary surgeon, to screen by milk testing or testing all calves, but a decision to screen using any of the other methods must be agreed with a veterinary surgeon (article 11).

On receipt of samples, approved laboratories must test for the presence of BVDV or evidence of exposure to BVDV. They must determine the overall BVD status, as either negative for the presence of BVDV and evidence of exposure to BVDV (“negative”) or not-negative for the presence of BVDV or evidence of exposure to BVDV (“not negative”), and report these findings to the Scottish Ministers, together with a note of the CPH number for the holding on which the herd or animal is kept (article 13). The laboratories must keep records of any test carried out under this Order for 3 years and, if requested, provide these to the Scottish Ministers (article 14).

Where a laboratory has determined the BVD finding to be “not negative” (and has notified the Scottish Ministers accordingly), a veterinary surgeon approved for this purpose by the Scottish Ministers may, if he or she considers that appropriate follow-up testing has been carried, notify the Scottish Ministers of a change in BVD finding from “not negative” to “negative” (article 12).

Provision is also made in relation to any calves which are born other than to breeding cattle. A blood or tissue sample must be taken from each such calf within 40 days of its birth and submitted to an approved laboratory for testing for the presence of BVDV. The laboratory must report the results to the animal’s keeper and to the Scottish Ministers (articles 15 and 16).

Articles 17 and 18 make provision as to the BVD status of breeding herds and breeding bovine animals.

Articles 19 to 23 make provision in relation to enforcement and offences.

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Government Rural Affairs and Environment Directorate, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD and online at www.legislation.gov.uk.