The Artificial Insemination of Cattle (Advertising Controls etc.) (Great Britain) Regulations 1987

Statutory Instruments

1987 No. 904

AGRICULTURE

LIVESTOCK INDUSTRIES

The Artificial Insemination of Cattle (Advertising Controls etc.) (Great Britain) Regulations 1987

Made

14th May 1987

Laid before Parliament

15th May 1987

Coming into force

30th June 1987

The Minister of Agriculture, Fisheries and Food in relation to England, the Secretary of State for Scotland in relation to Scotland and the Secretary of State for Wales in relation to Wales, in exercise of the powers conferred on them by section 10 of the Animal Health and Welfare Act 1984(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Title and commencement

These Regulations may be cited as the Artificial Insemination of Cattle (Advertising Controls etc.) (Great Britain) Regulations 1987 and shall come into force on 30th June 1987.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires —

• “advertisement” includes every form of advertising to the public, whether in a publication, or by the display of any notice, or by means of any catalogue, price list, letter (whether circular or addressed to a particular person) or other document, or by words inscribed on any article, or by the exhibition of a photographic or a cinematograph film, or by way of sound recording, sound broadcasting or television, or in any other way;

• “the Animal Health (England and Wales) Regulations” means the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985(2);

• “the Animal Health (Scotland) Regulations” means the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985(3);

• “dairy breed” means any of the Ayrshire, British Friesian (including Red and White Friesian and Poll Friesian), British Holstein, Jersey or Guernsey breeds or Dairy Shorthorn types of cattle;

• “Improved Contemporary Comparison” means predicted transmitting ability for production for bulls of dairy breeds published from time to time jointly by the Milk Marketing Board and the Scottish Milk Marketing Board;

• “licensed artificial insemination organisation or centre” means an organisation or centre authorised for the time being to process, store or supply semen by virtue of a licence issued under the Animal Health (England and Wales) Regulations or under the Animal Health (Scotland) Regulations.

(2) Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

Advertisement of semen from a bull of a dairy breed

3.—(1) Subject to paragraphs (2) and (3) below, no person shall cause an advertisement relating to any semen from a bull of a dairy breed to be issued unless that advertisement includes —

(a) a statement of the breed and name of the bull from which that semen was taken and the herd book number;

(b) where an Improved Contemporary Comparison has been published for the bull, all the latest information available relating to the matters specified in paragraph 1 of Schedule 1 and a statement that such information is based on progeny testing;

(c) where an Improved Contemporary Comparison has not been published for the bull —

(i) all the latest information available relating to the matters specified in paragraph 2 of Schedule 1 and a statement that such information is based on progeny testing or, as the case may be, sibling testing of the bull and its parents, and

(ii) where the bull was produced under a multiple ovulation and embryo transfer scheme and is being, or has been, sibling tested, all the latest information available relating to the matters specified in paragraph 3 of Schedule 1 and a statement that such information is based on sibling testing; and

(d) all the latest information available relating to any other matters as the appropriate Minister may from time to time require in writing.

(2) Where any information required under paragraph (1)(b) or (1)(c) above is not obtainable in Great Britain in relation to semen from an imported bull of a dairy breed or semen from a bull of a dairy breed in a country other than Great Britain at the time of semen collection, corresponding information from the country of origin shall be given, expressed in terms, so far as is practicable, comparable to the information required under paragraph (1)(b) or (1)(c) above.

(3) Where in relation to any semen any information required under paragraph (1) or (2) above cannot be obtained after reasonable enquiry, a statement to that effect, specifying the information which cannot be so obtained, shall be made in the advertisement.

Form of statements, etc.

4.  Any statement or information to be provided under regulation 3 shall be given in a clear manner, and where it is printed it shall be legible, and that which is unfavourable shall be given equal prominence to that which is favourable.

False information

5.  No person shall furnish any information under regulation 3 which he knows to be false or does not believe to be true.

Amendment of the Animal Health (England and Wales) Regulations

6.  The Animal Health (England and Wales) Regulations shall be amended in accordance with Schedule 2.

Amendment of the Animal Health (Scotland) Regulations

7.  The Animal Health (Scotland) Regulations shall be amended in accordance with Schedule 3.

Revocation

8.  The Artificial Insemination of Cattle (Livestock Quality) (England and Wales) Regulations 1985(4) and the Artificial Insemination of Cattle (Livestock Quality) (Scotland) Regulations 1985(5) are revoked.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th May 1987.

L.S.

Michael Jopling

Minister of Agriculture, Fisheries and Food

John J. MacKay

Parliamentary Under-Secretary of State, Scottish Office

13th May 1987

Nicholas Edwards

Secretary of State for Wales

13th May 1987

Regulation 3

SCHEDULE 1 ADVERTISEMENT OF SEMEN FROM BULLS OF DAIRY BREEDS

1.—(a) The date of publication of, and the following details from, the latest Improved Contemporary Comparison relating to the bull from which the semen was taken, with the appropriate weighting for each Improved Contemporary Comparison, placing the symbol “—” or the word “minus” immediately before negative figures —

(i) number of daughter records in the milk yield Improved Contemporary Comparison,

(ii) number of herds in which the daughters to which those records relate were milked,

(iii) percentage of those daughters in the herd with the largest number of those daughters,

(iv) where the percentage of daughters in the herd with the second largest number of those daughters was more than 10%, that percentage,

(v) kilograms of milk,

(vi) kilograms of butter-fat and butter-fat percentage,

(vii) kilograms of protein and protein percentage.

(b) The number of daughters of the bull from which the semen was taken which have been classified by a breed society or licensed artificial insemination organisation or centre, the associated weighting, classification summary of the ratings of the daughters in respect of the legs, feet and the components of the mammary system, the date on which these summary ratings were last determined and the name of the breed society or licensed artificial insemination organisation or centre from which this information was obtained.

2.—(a) The name of the sire of the bull from which the semen was taken and the details of the latest Improved Contemporary Comparison relating to that sire as set out in paragraph 1(a) above, together with their date of publication.

(b) The number of daughters of the sire of the bull from which the semen was taken which have been classified by a breed society or licensed artificial insemination organisation or centre, classification summary of the ratings of the daughters in respect of the legs, feet and the components of the mammary system, the date on which these summary ratings were last determined and the name of the breed society or licensed artificial insemination organisation or centre from which this information was obtained.

(c) The name of the dam of the bull from which the semen was taken, her breed society type classification, including the source of such classification, and details of the first four authenticated 305 day lactations, including calving dates, and either the current breeding index or the production indices, stating the herd base to which the cow has been compared.

3.  The number of records of the dam, full sisters and half sisters on which the evaluation of the bull is based.

Regulation 6

SCHEDULE 2 AMENDMENTS TO THE ANIMAL HEALTH (ENGLAND AND WALES) REGULATIONS

1.  In regulation 2(1) (interpretation) the definitions of “extended use” and “supplementarily approved bull” shall be omitted.

2.  In regulation 5 (bulls for use in artificial insemination) —

(a) in paragraph (1) the words “subject to paragraph (13) below” shall be omitted; and

(b) paragraph (13) shall be omitted.

Regulation 7

SCHEDULE 3 AMENDMENTS TO THE ANIMAL HEALTH (SCOTLAND) REGULATIONS

1.  In regulation 2(1) (interpretation) the definitions of “extended use” and “supplementarily approved bull” shall be omitted.

2.  In regulation 5 (bulls for use in artificial insemination) —

(a) in paragraph (1) the words “subject to paragraph (13) below” shall be omitted; and

(b) paragraph (13) shall be omitted.

Explanatory Note

(This note is not part of the Regulations)

These Regulations impose controls on the advertisement in Great Britain of semen from bulls of dairy breeds. A person may not cause such an advertisement to be issued unless it includes specified information (regulation 3 and Schedule 1).

Failure to comply with the Regulations is an offence under section 10(6) of the Animal Health and Welfare Act 1984, punishable on summary conviction by imprisonment for a term not exceeding three months or by a fine not exceeding level 3 on the standard scale (currently £400), or both.

The Regulations revoke the Artificial Insemination of Cattle (Livestock Quality) (England and Wales) Regulations 1985 and the Artificial Insemination of Cattle (Livestock Quality) (Scotland) Regulations 1985 (regulation 8). Those Regulations provided for the issue of supplementary approvals by Ministers for bulls for use in artificial insemination that was not restricted to the herds of the owner or co-owners of the bull. Those Regulations also required certain information to be given when advertising or distributing semen from a supplementarily approved bull of a dairy breed.

These Regulations also make consequential amendments to the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 (regulation 6 and Schedule 2) and the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985 (regulation 7 and Schedule 3).

(1)

1984 c. 40.

(2)

S.I. 1985/1861.

(3)

S.I. 1985/1857.

(4)

S.I. 1985/1862.

(5)

S.I. 1985/1858.