The Brucellosis (England) Order 2015

Sampling of milk for testing for evidence of brucellosis E+W

8.—(1) Any person who buys milk in England in any form for resale as milk or milk products from the owner or person in charge of a herd of dairy cows must—

(a) at intervals of 3 months and at that person’s own expense, take (or arrange to have taken) a sample of milk which includes milk from all of the dairy cows in the herd at the time and whose milk is available for sale in any form;

(b) ensure, at that person’s own expense, that any sample of milk taken under sub-paragraph (a) is received by an approved laboratory for testing for evidence of the existence of brucellosis;

(c) add such preservative to the sample as may be specified from time to time by the approved laboratory; and

(d) ensure that each sample is labelled with—

(i) a bar code or other device which enables the approved laboratory to identify the herd or part of a herd from which the sample was taken; and

(ii) the date on which the sample was taken.

(2) A person is exempt from the duty in paragraph (1) if that person only buys pre-packed raw milk for resale direct to the final consumer—

(a) in the container in which that person received it with the fastenings unbroken; or

(b) from a vehicle which is lawfully used as shop premises.

(3) In paragraph (2), “final consumer” has the same meaning as in point 18 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(1).

(4) Any person who owns or keeps a herd of dairy cows in England and who offers for sale any milk or milk products derived from milk produced by that herd must—

(a) on 3 occasions each year, at such times as are notified to that person by the Secretary of State and at that person’s own expense, take (or arrange to have taken) a sample of milk which includes milk from all of the dairy cows in the herd at the time and whose milk is available for sale in any form;

(b) ensure, at that person’s own expense, that any sample of milk taken under sub-paragraph (a) is received by an approved laboratory for testing for evidence of the existence of brucellosis;

(c) add such preservative to the sample as may be specified from time to time by the approved laboratory; and

(d) ensure that the sample is labelled with—

(i) a bar code or other device which enables the approved laboratory to identify the herd or part of a herd from which the sample was taken; and

(ii) the date on which the sample was taken.

(5) No person may—

(a) treat any sample except by adding a preservative in accordance with paragraph (1)(c) or (4)(c), or

(b) tamper with any sample or its label.

(6) A person is deemed to have treated or tampered with a sample if that person does anything in relation to it which is likely to affect the result of the testing required under this article.

(7) Without prejudice to any proceedings for an offence under this Order, where there has been a failure by any person to comply with this article, an approved veterinary surgeon may take or cause to be taken any action specified in paragraph (1) or (4) (including taking a milk sample), and the amount of any expenses reasonably incurred by the approved veterinary surgeon is recoverable by the Secretary of State from that person.

(1)

OJ No L 031, 1.2.2002, p.1, as last amended by Regulation (EU) No 652/2014 (OJ No L 189, 27.6.2014, p.1).