The Transmissible Spongiform Encephalopathies (Wales) Regulations 2006 (revoked)

Regulation 6

SCHEDULE 3 E+W Control and eradication of TSE in bovine animals

Control and eradication of TSE - notification E+W

1.—(1) For the purposes of Article 11 of the Community TSE Regulation, any person who has in his or her possession or under his or her control any bovine animal suspected of being affected by a TSE must immediately notify the National Assembly and detain it on the premises until it has been examined by a veterinary inspector.

(2) Any veterinary surgeon who examines or inspects any such animal must, with all practical speed, notify the National Assembly.

(3) Any person (other than the National Assembly) who examines the body of any bovine animal, or any part of it, in a laboratory and who reasonably suspects the presence of a TSE must immediately notify the National Assembly, 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 E+W

2.  If an animal is notified under paragraph 1 an inspector may serve a notice prohibiting its movement from the premises pending determination of whether or not it is suspected of being affected with BSE.

Slaughter of a suspect animal E+W

3.—(1) For the purposes of paragraphs (1) and (2) of Article 12 of the Community TSE Regulation, if a veterinary inspector suspects that a bovine animal is affected with BSE, he or she must either–

(a) kill it on the holding immediately;

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

(c) ensure that its cattle passport is stamped “Not for human consumption”and serve a notice directing the owner to consign it to other premises for killing and prohibiting movement other than in accordance with that direction.

(2) He or she must restrict the movement of other bovine animals from the holding in accordance with the second and fourth paragraphs of Article 12(1) of the Community TSE Regulation and Article 2(1)(a) of Commission Decision 2005/598/EC.

(3) In accordance with Article 12(3) of the Community TSE Regulation, if the animal is killed on the holding, it is an offence to remove the body from that holding except in accordance with a written direction from an inspector.

(4) If the animal is not killed immediately, its keeper must dispose of its milk in such a way that it cannot be consumed by humans or animals except its own calf or animals kept for research purposes, and failure to comply with this sub-paragraph is an offence.

Identification and restriction of offspring and cohorts E+W

4.—(1) In accordance with Articles 12(1) and 13(2) of the Community TSE Regulation, if–

(a) a veterinary inspector suspects that a bovine animal is affected with BSE;

(b) the monitoring of carcases under Schedule 2 or under Annex III to the Community TSE Regulation confirms that an animal is suspected of being affected with BSE; or

(c) the competent authority of another part of the United Kingdom or another member State notifies the National Assembly that a bovine animal is suspected of being affected with BSE,

an inspector must identify–

(i) (if the suspect animal is female) all its offspring born within two years prior to, or after clinical onset of the disease; and

(ii) all its bovine cohorts born on or after 1 August 1996,

and for these purposes the animal's date of birth is the one shown on its cattle passport.

(2) An inspector must serve notices prohibiting movement of those animals from the holding on which they are kept or where he or she suspects they may be kept (whether or not this is the same holding as that of the suspect animal) and remove their cattle passports.

(3) If he or she cannot immediately identify the animals in sub-paragraph (1) an inspector must prohibit the movement of all bovine animals from the holding pending identification.

(4) Movements of restricted animals are only permitted in accordance with regulation 20.

Action following confirmation E+W

5.—(1) In accordance with Article 13(1)(c) of, and point 2 of Annex VII to, the Community TSE Regulation, if it is confirmed that the suspect animal was affected with BSE an inspector must–

(a) if the animal is female, kill all its offspring born within two years prior to, or after clinical onset of the disease; and

(b) in all cases, kill all the bovine animals in its cohort born on or after 1 August 1996 except where–

(i) he or she is satisfied that the animal did not have access to the same feed as the affected animal; or

(ii) the animal is a bull that is kept at, and will not be removed from, a semen collection centre, but it is an offence to remove the animal from the centre except to be killed, and when it is killed the owner commits an offence unless he or she ensures that the carcase is completely destroyed.

(2) If the animal is not killed on the holding, an inspector must ensure that its passport is stamped “Not for human consumption” and must direct the owner in writing to consign it to other premises for killing as specified in the direction.

(3) If the test is negative he or she must remove all restrictions imposed because of the suspect animal and return the cattle passports.

(4) When an animal is killed under this regulation, it is an offence to remove the carcase from the premises on which it was killed except in accordance with a written direction from an inspector.

Death while under restriction E+W

6.  If any animal dies or is killed while it is under restriction for any reason under this Schedule, the owner must immediately notify the National Assembly, and retain the body on the premises until he or she is directed in writing to move or dispose of it by an inspector, 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 bovine progeny E+W

7.  Any person who places on the market any bovine animal in contravention of Article 15(2) of the Community TSE Regulation and Chapter B of Annex VIII to that Regulation is guilty of an offence.