Amendments to the Tuberculosis (Wales) Order 20102
1
The Tuberculosis (Wales) Order 20102 is amended as follows.
2
In article 2 (interpretation)—
a
after the definition of “approved disinfectant” insert—
“approved veterinary surgeon” (“milfeddyg cymeradwy”) means a veterinary surgeon who is approved in accordance with article 2A;
b
for the definition of “relevant test” substitute—
“relevant test” (“prawf perthnasol”) means—
- a
a skin test; or
- b
any other diagnostic test for tuberculosis approved by the Welsh Ministers;
3
After article 2 insert—
Approval of veterinary surgeons2A
1
The Welsh Ministers may approve a veterinary surgeon where—
a
the veterinary surgeon has undertaken any training as required by the Welsh Ministers, and
b
the Welsh Ministers are of the opinion that the veterinary surgeon is suitable to carry out functions conferred on an approved veterinary surgeon by this Order.
2
The Welsh Ministers may by notice revoke any such approval, giving reasons for the revocation.
4
In article 12 (tuberculosis testing)—
a
in paragraph (2) after the words “requirements of an inspector” insert “or an approved veterinary surgeon”;
b
in sub-paragraph (a) of paragraph (2) after the word “inspector” insert “or an approved veterinary surgeon”;
c
for paragraph (3) substitute—
3
The requirements on the keeper in paragraph (3A) apply where—
a
a relevant test has been applied to a bovine animal;
b
the result of that test has been read by an inspector, or an approved veterinary surgeon, and that result communicated to the keeper; and
c
the inspector or the approved veterinary surgeon is satisfied that the test reading reveals the bovine animal to be either a reactor, or an inconclusive reactor.
3A
The requirements are—
a
that no bovine animal be moved on or off the premises on which the reactor or inconclusive reactor is kept except under the authority of a licence issued by an inspector;
b
to ensure that every reactor and inconclusive reactor is isolated from other animals;
c
to permit every reactor to be marked by the person who read the relevant test or by an officer of the Welsh Ministers;
d
not to place any milk from a reactor dairy cow in a bulk milk tank; and
e
where the reactor resides on premises with a milking herd, to inform every commercial buyer which buys milk from that herd of the loss of tuberculosis-free status of the dairy herd.
3B
An inspector may by notice amend or disapply the requirement referred to in paragraph (3A)(a) or (b) at any time.
d
after paragraph (7) insert—
8
The inspector or approved veterinary surgeon reading the result of a relevant test which reveals a reactor or inconclusive reactor must report such test result as soon as reasonably practicable to the Welsh Ministers.
9
In this article—
“inconclusive reactor” (“adweithydd amhendant”) means a bovine animal that reveals a non-negative reading when tested for tuberculosis, but is not regarded as a reactor; and
“loss of tuberculosis-free status” (“colli ei statws rhydd rhag twbercwlosis”) means the herd no longer satisfies the conditions laid down in Annex A.I, paragraphs 1 and 2 of Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine.
5
In article 13 (pre-movement testing)—
a
in paragraph (1)(b) after “inspector” insert “or an approved veterinary surgeon”; and
b
after paragraph (1) insert—
1A
Where a reading of the test in paragraph (1)(b) does not reveal a negative result for tuberculosis the requirements in article 12(3A) apply.
6
In paragraph (1) of article 14 (tuberculosis test records) after “inspector” insert “or an approved veterinary surgeon”.
7
In article 21 (marking of bovine animals)—
a
for paragraph (1) substitute—
1
If directed to so by an inspector or an approved veterinary surgeon, the keeper must mark any bovine animal in the manner required by the inspector or the approved veterinary surgeon.
b
in paragraph (2) after “inspector” insert “or, the approved veterinary surgeon”.