The Brucellosis (Wales) Order 2006

Sampling of milk for testing for evidence of the existence of brucellosis

7.—(1) Any person who buys milk from the owner or person in charge of a herd of dairy cows in Wales for resale as milk or milk products will—

(a) select an approved laboratory to carry out testing of such milk for brucellosis;

(b) notify the National Assembly of the laboratory selected;

(c) once each month and at that person’s own expense submit a sample of milk (which includes milk from all the dairy cows in that herd whose milk is available for sale) to that laboratory for testing for evidence of the existence of brucellosis;

(d) add such preservative to the sample as may be requested by the person in charge of the laboratory; and

(e) ensure that the sample is labelled with—

(i) a bar code or other device which enables the 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 imposed by paragraph (1) above, if that person only buys pre-packed raw milk for resale—

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

(b) from a vehicle which is lawfully used as a shop; and

(c) direct to the ultimate consumer.

(3) In paragraph (2) above, “ultimate consumer” means any person who buys milk other than for the purposes of—

(a) resale;

(b) a catering establishment; or

(c) a manufacturing business.

(4) No person is permitted in any way to treat, other than by adding a preservative in accordance with paragraph (1)(d) above, or tamper with, any sample or its label and a person will be 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.

(5) The person in charge of an approved laboratory must comply with the following provisions as a condition of the approval—

(a) that person must maintain a record of the herds from which milk is sent for testing under paragraph (1) above;

(b) that person must immediately notify the National Assembly if in any month, a sample is not received from one of the herds listed in the records held under sub-paragraph (a) above;

(c) that person must notify the National Assembly within 24 hours where a sample has been tested for evidence of the existence of brucellosis and the result is positive;

(d) that person must notify the National Assembly within one month where a sample has been tested for evidence of the existence of brucellosis and the result is negative; and

(e) that person must maintain a record of the results of all the tests carried out for evidence of the existence of brucellosis for a period of one year from the date of the test.

(6) If any person fails to take any action required under the provisions of paragraph (1) above, a veterinary inspector may, without prejudice to any proceedings for an offence arising out of such default, take or cause to be taken such action, and any expenses reasonably incurred in so doing will be recoverable by the National Assembly from the person in default.