The Bovine Spongiform Encephalopathy (No. 2) Order 1988

Explanatory Note

(This note is not part of the Order)

This Order revokes and re-enacts, with certain amendments, the provisions of the Bovine Spongiform Encephalopathy Order 1988 (“the principal Order”) as amended.

The Order continues to provide for—

(a) the compulsory notification of bovine spongiform encephalopathy (“the disease”) in bovine animals (article 4);

(b) the application of section 32 of the Animal Health Act 1981 (power to slaughter animals) to the disease and the service by a veterinary inspector of a notice of intended slaughter (in Form C) on the owner of any bovine animal which is affected, or suspected of being affected, with the disease and which the Minister proposes to cause to be slaughtered under the powers conferred on him under section 32 of the Act in its application to the disease (article 5);

(c) the investigation by a veterinary inspector into the existence of the disease and the examination by him of bovine animals and their carcases for this purpose (article 6(1), (2) and (3));

(d) the imposition (by a notice in Form A served by a veterinary inspector) of certain requirements, including a prohibition on movement except under licence, in respect of a bovine animal which is affected, or suspected of being affected, with the disease (article 6(4), (5) and (6));

(e) the prohibition (by a notice in writing served by a veterinary inspector) of the movement of any bovine animal, except under licence, where this may give rise to the risk of the spread of the disease (article 7);

(f) the prohibition (which will now cease to have effect on 1st January 1990 instead of 1st January 1989 and which is now subject to one exemption) of (1) the sale and supply for feeding to ruminating animals of any feedingstuff in which any animal protein (as defined in the Order) has been incorporated and (2) the feeding to ruminating animals of any such feedingstuff (article 8);

(g) the cleansing and disinfection of premises and of equipment used in connection with a bovine animal or carcase which is affected or suspected of being affected with the disease (article 10); and

(h) sampling of feedingstuffs, production of licences issued for the movement of bovine animals and carcases and offences (articles 11, 12 and 13).

The only changes of substance made to the principal Order are the inclusion of prohibitions on (1) the sale and supply for human consumption or for feeding to animals or birds of any milk from a bovine animal which is affected or suspected of being affected with the disease (2) the use of any such milk in the manufacture of any product for sale or supply for human consumption or for feeding to animals or birds and (3) the feeding (subject to certain exemptions) of any such milk to animals or birds (article 9).