« Previous | Contents | Next »
Listen
Preparing for a new GB strategy on bovine tuberculosis
ANNEX B
Main legislation relevant to bovine TB controls
Cattle controls
EU legislation: The requirements for routine testing of cattle for TB are set out in EC Council Directive 64/432/EEC. This Directive deals with animal health problems affecting intra-Community trade in bovine animals and swine. This has been amended and updated, most recently by Commission Regulation EC/1226/02. It ensures that only animals with proven disease-free status can be exported to another Member State. Annex A to the Directive sets out the criteria for the TB testing frequency for achieving and maintaining officially tuberculosis-free status, and Annex B lays down the procedures for carrying out the testing regime.
National cattle controls: In Great Britain the domestic legislation which provides for the notification of disease, compulsory testing, slaughter, valuation and compensation, and restriction of the movement of affected herds is set out in the Tuberculosis Orders (listed below), which are made under The Animal Health Act 1981.
- The Tuberculosis (England and Wales) Order 1984 SI No 1943 as amended
- The Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978 SI No 1483 as amended
- The Tuberculosis (Scotland) Order 1984 No 2063 (S.163) as amended
- The Brucellosis and Tuberculosis Compensation (Scotland) Order 1978 No 1485 (S.137) as amended
Deer controls
- The Tuberculosis (Deer) Order 1989 as amended
- The Tuberculosis (Deer) Notice of Intended Slaughter and Compensation Order 1989
Public Health
The occupational health risks from bovine TB are governed by the Health and Safety at Work Act 1974 under which the following regulations are made:
- Reporting of Injuries, Disease and Dangerous Occurrences Regulations (RIDDOR) 1995 which requires employers to notify the Health and Safety Executive of any human cases of tuberculosis that have possible occupational origins.
- Control of Substances Hazardous to Health Regulations (COSHH) 2002 that requires employers to assess the risk to employees and others and institute measures to prevent exposure to biological agents as far as is reasonable possible
- The management of Health and Safety at Work regulation 1999
The food safety risks in relation to bovine TB are managed under EU and domestic legislation:
- The Dairy Products (Hygiene) Regulations (DPHRs) SI 1995 No 1086, made under the Food Safety Act 1990 (as amended, which requires raw cows' milk must come from animals belonging to a herd which is Officially Tuberculosis Free (OTF).
- Milk and Dairies (General) Regulations 1959 which allows notice to be served to heat-treat milk where there is sufficient evidence or suspicion of failure to comply with DPHR 1995.
- Fresh Meat Directive 64/433/EEC under the Fresh Meat (Hygiene and Inspection) Regulations (as amended) SI 1995 No. 539 are made. These describe the additional inspection to follow where an inspector or Official Veterinary Surgeon (OVS) has reason to suspect that any part of the carcase or offal of any animal is infected with tuberculosis. Schedule 10, part IX (3) states that to determine whether or not tuberculosis is generalised, the OVS must take into account the sum of the evidence of disease and the character of the lesions throughout the carcase. In particular, he shall regard evidence of any of the conditions described in this schedule as satisfactory evidence of generalised tuberculosis. If TB is generalised then all of the carcase will be rejected as unfit for human consumption. If TB is not generalised then the specific part as described in the schedule may be rejected as unfit for human consumption.
Badger protection
- The Protection of Badgers Act 1992. The Badger Protection Act makes it an offence to kill, or take a badger, or attempt to do so except under licence or in circumstances defined in the Act, or injure, ill-treat or dig for one This protection, which is unique for a common animal, reflects the concern which is felt by Parliament about the gratuitous acts of cruelty to which badgers have been subjected to all too often in the past. Under the Act licences may be issued by Agriculture Departments to kill or take badgers or interfere with badger setts for a range of very specific purposes. Badgers are further protected from a range of cruel acts by the Wild Mammals (Protection) Act 1996.
« Previous | Contents | Next »