Statutory Instrument 1991 No. 2246

The Bovine Spongiform Encephalopathy Order 1991

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© Crown Copyright 1991

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1991 No. 2246

ANIMALS
ANIMAL HEALTH

The Bovine Spongiform Encephalopathy Order 1991

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotlandand the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 1, 7(1), 8(1), 15(4), 32(2), 35(1) and (1A), 36(5)(a), 72, 83(2), 87(2) and (5) and 88(2) of the Animal Health Act 1981^[1] and the Minister of Agriculture, Fisheries and Food in exercise of the powers conferred on him by section 11 of that Act, and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement
    1.    This Order may be cited as the Bovine Spongiform Encephalopathy Order 1991 and shall come into force on 6th November 1991.

Extension of definition of "disease"
    2.    For the purposes of the Act the definition of "disease" in section 88(1) of the Act is hereby extended so as to comprise bovine spongiform encephalopathy.

Extension of definitions of "animals" and "poultry"
    3.    For the purposes of the Act in its application to this Order—
 (a) the definition of "animals" in section 87(1) of the Act is hereby extended so as to comprise—
 (i) any kind of mammal except man, and
 (ii) any kind of four-footed beast which is not a mammal; and
 (b) the definition of "poultry" in section 87(4) of the Act is hereby extended so as to comprise birds of every species.

Interpretation
    4.—(1)  In this Order, unless the context otherwise requires—

"the Act" means the Animal Health Act 1981;


"affected animal" means a bovine animal which is affected with the disease;


"bovine animal" means a bull, cow, steer, heifer or calf;


"the disease" means bovine spongiform encephalopathy;


"the Divisional Veterinary Officer" means the veterinary inspector appointed for the time being by the Minister to receive information about affected or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are;


"feedingstuff" includes pet food;


"intestines" means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum;


"market" means a market, fairground, sale-yard or any other place where bovine animals are commonly exposed for sale;


"premises" includes land;


"protein" means any protein material which is derived from a carcase but does not include milk or any milk product or dicalcium bone phosphate;


"research establishment" means an establishment carrying out research into the disease;


"slaughterhouse" means—
 (a) in relation to England and Wales, a slaughterhouse or knacker's yard as defined in section 34 of the Slaughterhouses Act 1974^[2], and
 (b) in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980^[3];


"specified bovine offal" means the brain, spinal cord, spleen, thymus, tonsils and intestines of a bovine animal over six months of age which has died or has been slaughtered, as the case may be, in the United Kingdom;


"suspected animal" means a bovine animal which is suspected of being affected with the disease;


"veterinary surgeon" means a person registered in the register of veterinary surgeons or in the supplementary veterinary register.

    (2)  Any reference in this Order—
 (a) to a numbered article, is a reference to the article bearing that number in this Order, and
 (b) to a lettered form, is a reference to the Form bearing that letter in the Schedule to this Order.

Notification of disease in bovine animals
    5.—(1)  A person who has in his possession or under his charge an affected or a suspected animal, or the carcase of such an animal, and any veterinary surgeon or other person who, in the course of his duties, examines or inspects any such animal or carcase shall, with all practicable speed, notify the fact to the Divisional Veterinary Officer.

    (2)  A person who has in his possession or under his charge on any premises an affected or a suspected animal, or the carcase of such an animal, shall detain it on the premises until it has been examined by a veterinary inspector.

Veterinary enquiry as to existence of disease and requirements as respects affected or suspected animals

    6.—(1)  If a veterinary inspector has reasonable grounds for supposing that the disease exists or has within 56 days existed on any premises he shall, with all practicable speed, take such steps as may be necessary to establish the correctness of that supposition.

    (2)  For the purposes of such an enquiry a veterinary inspector may—
 (a) examine any bovine animal or carcase on the premises;
 (b) make such tests and take such samples from any bovine animal or carcase on the premises as he may consider necessary for the purpose of diagnosis;
 (c) mark for identification purposes any bovine animal or carcase on the premises.

    (3)  The occupier of the premises and his employees, and any person who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall—
 (a) provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes of the enquiry; and
 (b) if so required by an inspector of the Minister or by an officer of the appropriate Minister, give such information as he possesses as to—
 (i) any animal or carcase which is or has been on the premises;
 (ii) any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact, and
 (iii) the location and movement of any animal or carcase which is or has been in his possession or charge.

    (4)  If, on completion of the enquiry, the veterinary inspector is of the opinion that there is an affected or a suspected animal, or the carcase of such an animal, on the premises he shall serve a notice in Form A on the owner or person in charge of that animal or carcase.

    (5)  Subject to paragraph (6) below, a notice in Form A shall remain in force for a period of 28 days from the date specified in the notice unless—
 (a) renewed for a further period of 28 days beginning with the day on which it would otherwise have expired by a further notice in writing served by a veterinary inspector on the owner or person in charge of such animal or carcase before or on the day on which the notice in Form A was due to expire; or
 (b) the animal or carcase to which the notice in Form A relates has been removed from the premises under the authority of a licence issued by a veterinary inspector.

    (6)  Any notice in Form A which has been renewed under paragraph (5)(a) above may be further renewed from time to time by a veterinary inspector in a similar manner and for a similar period.

    (7)  A notice in Form A may at any time be withdrawn by a notice in Form B served by a veterinary inspector on the owner or person in charge of the animal or carcase to which the notice in Form A relates.

    (8)  On the service of a notice in Form A the requirements contained in that notice shall have effect.

Restrictions on movement of other bovine animals
    7.—(1)  If a veterinary inspector has reasonable grounds for supposing that the movement of any bovine animal, other than an affected or suspected animal, from any premises may give rise to the risk of the spread of the disease he may, by notice in writing served on the owner or person in charge of the animal, prohibit the movement of the animal off the premises, except under the authority of a licence issued by an officer of the appropriate Minister and in accordance with any conditions subject to which the licence is issued.

    (2)  A notice served under paragraph (1) above shall continue in force until withdrawn by a further notice in writing served by a veterinary inspector on the owner or person in charge of the animal to which that notice relates.

Cleansing and disinfection
    8.—(1)  A veterinary inspector may serve on the occupier of any premises on which there is or has within 56 days been an affected or a suspected animal, or the carcase of such an animal, a notice requiring him to cleanse and disinfect, at his own expense, and in such a manner and within such period as may be specified in the notice,—
 (a) all or any part of the premises;
 (b) any equipment or any other thing used in connection with any such animal or carcase.

    (2)  If any person on whom a notice is served under paragraph (1) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable by the appropriate Minister or, as the case may be, by the local authority from the person in default.

Movement of protein material derived from specified bovine offal
    9.    No person shall remove from any premises any protein which is derived from any specified bovine offal, except under the authority of a licence issued by an officer of the appropriate Minister and in accordance with any conditions subject to which the licence is issued.

Application of section 32 of the Act to the disease and notice of intended slaughter
    10.—(1)  Section 32 of the Act, which enables the Minister to cause animals to be slaughtered on account of disease, shall apply to the disease.

    (2)  Where the Minister proposes to cause an affected or a suspected animal to be slaughtered under the powers conferred on him by section 32 of the Act in its application to the disease a veterinary inspector shall serve a notice of intended slaughter in Form C on the owner or person in charge of the animal.

Seizure of carcases
    11.—(1)  For the purpose of preventing the spread of the disease an inspector may seize, destroy or dispose of any carcase.

    (2)  For the purpose of determining the amount of compensation payable by the Minister under section 36(1)(b) of the Act for a carcase seized under paragraph (1) of this article (being, in accordance with section 36(3) of the Act, its value at the time of seizure) the value of such carcase shall be ascertained in a similar manner to that in which the value of an animal or bird slaughtered or liable to be slaughtered under the Act is to be ascertained under the Diseases of Animals (Ascertainment of Compensation) Order 1959^[4] and as if the reference in that Order to an animal or bird included references to a carcase.

    (3)  Compensation shall be paid by the Minister for carcases affected with the disease being carcases seized for the purpose of preventing the spread of the disease.

Prohibition of sale, supply and use of certain feedingstuffs for feeding to animals and poultry
    12.—(1)  Subject to paragraph (2) below, no person shall—
 (a) knowingly sell or supply for feeding to ruminant animals any feedingstuff in which he knows or has reason to suspect any protein which is derived from a ruminant animal has been incorporated;
 (b) feed to a ruminant animal any feedingstuff in which he knows or has reason to suspect that any protein which is derived from a ruminant animal has been incorporated;
 (c) knowingly sell or supply for feeding to animals or poultry any specified bovine offal or any feedingstuff which he knows or has reason to suspect contains specified bovine offal or protein which is derived from any specified bovine offal; or
 (d) feed to an animal or poultry any specified bovine offal or any feedingstuff which he knows or has reason to suspect contains specified bovine offal or protein whichis derived from any specified bovine offal.

    (2)  The prohibitions in paragraph (1) above shall not apply to the feeding to an animal or poultry of any specified bovine offal or any feedingstuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, or to the sale or supply to a research establishment for such purposes.

Prohibition of sale, supply and use of milk from affected or suspected animals
    13.—(1)  Subject to paragraph (2) below, no person shall knowingly—
 (a) sell or supply for human consumption or for feeding to an animal or poultry, or
 (b) use in the manufacture of any product for sale or supply for human consumption or for feeding to an animal or poultry, or
 (c) feed to an animal or poultry
any milk which he knows or has reason to suspect has been produced by an affected or a suspected animal.

    (2)  The prohibitions in paragraph (1) above shall not apply—
 (a) to the feeding to its own calf of any milk produced by a cow; or
 (b) to the feeding to an animal or poultry of any milk for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, or to the sale or supply to a research establishment for such purposes.

Regulation of exportation of specified bovine offal
    14.—(1)  Specified bovine offal or protein derived from any specified bovine offal is prohibited to be exported from Great Britain to a member State except under the authority of a licence issued by the Minister and in accordance with the conditions, if any, of the licence.

    (2)  Such a licence may be general or specific.

    (3)  A general licence shall be issued by its publication in such manner as the Minister thinks sufficient to bring it to the attention of persons likely to be affected by it.

    (4)  The Minister may vary, revoke or suspend a licence—
 (a) if it is a general licence, by a notice published, so far as practicable, in the same manner as the licence;
 (b) if it is a specific licence, by a notice in writing served on the person to whom the licence was issued.

    (5)  Any person wishing to obtain a licence shall apply to the Minister in such form and manner and within such time as the Minister may require.

Sampling
    15.    Where an inspector of the Minister has reasonable grounds for supposing that the provisions of articles 9, 12 and 14 have not been or are not being complied with he may take from any protein, offal or feedingstuff such samples as he considers necessary in order to establish the correctness of that supposition.

Production of licences
    16.—(1)  Where an animal, carcase or any protein is being moved under the authority of a licence issued under this Order the person in charge of the animal, carcase or protein being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or by a member of a police force, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his nameand address.

    (2)  A licence issued under article 14 above shall, on demand, be produced by the person in charge of the specified bovine offal or the protein derived from specified bovine offal to which the licence relates to an officer of the Customs and Excise or an inspector of the Ministry, who may take a copy or extract from it.

Offences
    17.    Any person who, without lawful authority or excuse, proof of which shall lie on him—
 (a) defaces, obliterates or removes any mark applied to any bovine animal or carcase under article 6(2)(c),
 (b) contravenes article 5(1), 5(2), 6(3), 9, 12(1), 13(1), 14(1), 16(1) or 16(2),
 (c) fails to comply with any notice served under article 6(4), 7(1) or 8(1),
 (d) fails to comply with any condition of a licence issued under article 6(5)(b), 7(1), 9, 12(2), 13(2)(b) or 14(1), or
 (e) knowingly causes or permits any such contravention or non-compliance,
commits an offence against the Act.

Local authority to enforce Order
    18.    The provisions of this Order shall, except where otherwise provided, be executed and enforced by the local authority.

Revocation
    19.    The Bovine Spongiform Encephalopathy (No. 2) Order 1988^[5] and the Bovine Spongiform Encephalopathy (No. 2) Amendment Order 1990^[6] are hereby revoked.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

Trumpington

Minister of State, Ministry of Agriculture, Fisheries and Food

26th September 1991.

Strathclyde

Parliamentary Under Secretary of State Scottish Office

1st October 1991

David Hunt

Secretary of State for Wales

27th September 1991

[1] 1981 c. 22; see section 86(1) for definitions of "the Minister" and "the Ministers"; sections 1, 7(1), 8(1), 72, 83(2), 86(1), 87(2) and (5) and 88(2) were applied to bovine spongiform encephalopathy by the Zoonoses Order 1988(S.I. 1988/2264). back

[2] 1974 c. 3. back

[3] 1980 c. 13. back

[4] S.I. 1959/1335. back

[5] S.I. 1988/2299. back

[6] S.I. 1990/1930. back

Explanatory Note