The Scottish Government

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JOINT SCOTTISH GOVERNMENT RURAL DIRECTORATE AND FOOD STANDARDS AGENCY SCOTLAND CONSULTATION

CHANGES TO BSE TESTING

Issue

1. From 1 January 2009, we expect the EU to allow the UK to raise to 48 months the age above which all cattle require testing for Bovine Spongiform Encephalopathy (BSE). We are consulting on this proposal and associated amendments to The Transmissible Spongiform Encephalopathy (Scotland) Regulations 2006 (SSI 2006 No.530).

Background

EU Developments

2. The EU TSE Regulation requires all Member States (MS) to carry out an annual surveillance programme for transmissible spongiform encephalopathy (TSE). In relation to cattle, the annual monitoring programme in all MS must include BSE testing of:

• all "risk cattle" aged over 24 months;
• all cattle aged over 30 months slaughtered normally for human consumption;
• all cattle suspected of being affected with BSE.

"Risk cattle" comprise cattle sent for emergency slaughter or found at ante mortem inspection to have an abnormality (these are eligible for human consumption) and fallen stock (these are cattle that have died or been killed other than for human consumption).

3. The TSE Roadmap adopted by the Commission in July 2005 (and endorsed by both the European Parliament and the Council) stated that amendments to certain TSE measures could be envisaged, without endangering the health of the consumer or the policy of eradicating BSE, provided the downward trend in the epidemic continued and the amendments were scientifically justified. The Roadmap envisaged a decrease in the number of cattle for which BSE testing is required.

4. An amendment to the EU TSE Regulation which came into force in January 2007 allows MS to apply to revise their BSE surveillance programmes. Applicant MSs must be able to demonstrate an improvement in their epidemiological situation. They must also provide proof of their capability to determine the effectiveness of the measures in place and ensure the protection of human and animal health, based on a comprehensive risk analysis. In particular, the MS must demonstrate a declining or low prevalence of BSE and that they have implemented the EU BSE surveillance programme and the EU feed ban for at least six years. Detailed rules for applications by MS to apply a revised monitoring programme were adopted in June 2008. The UK submitted an application in August 2008.

5. The Commission decided that the reduction in BSE surveillance in eligible MS would be applied in a uniform way. The Commission only permits MSs to apply to increase to 48 months the age above which all healthy slaughtered or risk cattle must be tested. This age was determined on the basis of advice from the European Food Safety Authority (EFSA) ( Annex A).

6. On 14 October 2008, the EU agreed a draft Commission Decision which would allow the United Kingdom and the other fourteen older EU Member States to amend their BSE surveillance programme as per paragraph 5. The draft Decision is expected to be adopted in late 2008. The Decision would not change the requirements described in paragraph 2 above, but provides eligible Member States with a derogation from those requirements (which they can choose not to implement).

7. Whether or not the BSE test age is increased, BSE will remain a notifiable disease and cattle of all ages reported as suspect clinical cases must continue to be tested. Controls on specified risk material (SRM) e.g. brains and spinal cord, which are the key controls to protect public health will remain in place along with controls on animal feed which are the key controls to protect animal health.

UK developments

8. On 15 October 2008, the Spongiform Encephalopathy Advisory Committee (SEAC) advised that the increased risks to human health from the proposal to raise the testing age for cattle slaughtered for human consumption were very small, provided the incidence of BSE remained low; and for this reason, it was important to maintain effective BSE surveillance.

9. In reaching its conclusion, SEAC was informed by risk assessments produced by both EFSA and the Veterinary Laboratories Agency (VLA). Both assessments concluded that the number of BSE test positive cattle missed by increasing to 48 months the age above which healthy slaughtered and risk cattle must be tested was extremely low. The conclusions are summarised in Annex A. Annex B provides details of the cattle slaughtered for human consumption which have tested positive since November 2005. Annex C provides details of the cattle aged less than 48 months which have tested positive for BSE as emergency slaughtered, clinical signs at ante-mortem inspection or fallen stock, since 2001.

10. Also on 15 October, the FSA Board agreed in principle that the age above which cattle slaughtered for human consumption require BSE testing could be raised to 48 months, but did not want this to be implemented until SEAC had reviewed a further report on BSE surveillance. Defra is preparing a further report and SEAC's further advice will be considered by the FSA Board on 10 December.

11. The FSA Board and Health Ministers must agree to raise to 48 months the age above which all cattle slaughtered for human consumption must be BSE tested before this change can be implemented in the UK.

Summary of proposals

From 1 January 2009

• The age threshold for BSE testing of cattle for human consumption will increase from 30 months to 48 months.
• The age threshold for BSE testing of fallen stock for surveillance purposes will increase from 24 to 48 months.

From 12 January 2009

• Free collection and disposal of fallen stock for BSE surveillance (including pre August 1996 animals following the closure of the Older Cattle Disposal Scheme) will cease. Producers will be required to arrange uplift and delivery to an approved sampling site.
• Abattoir operators will be required to pay for BSE testing of bovines for human consumption.
• Testing laboratories will be permitted to offer a BSE testing service to abattoirs on a commercial basis. The costs associated with the lab approval and monitoring process will be charged to them.

Previous Consultation

12. Scottish Government, Defra and FSA have had regular discussions with stakeholders about proposals to increase the BSE testing age. In January 2008, Defra sought consumer representative's views on proposals to reduce the level of active surveillance. Consumer representatives agreed that the costly surveillance burden could be eased. However, this would need to be explained carefully to the public and would only be acceptable subject to very tight industry control.

http://www.defra.gov.uk/animalh/ahws/consumer/pdf/meeting310108.pdf

13. In September 2008, the FSA invited consumers and industry representatives to meetings in England, Wales, Scotland and Northern Ireland to discuss proposals to increase the age at which cattle slaughtered for human consumption must be tested for BSE. The responses are summarised in the FSA Board paper.

http://www.food.gov.uk/multimedia/pdfs/board/fsa081007.pdf

14. Scottish Government has also participated in meetings with industry, usually held at GB level, over increasing the age at which fallen cattle must be tested. In particular, since January 2008, Scottish Government has participated in meetings with producers, the animal by-products industry and the National Fallen Stock Company to consider practical arrangements for the collection and disposal of fallen stock should the free collection and disposal service come to an end. Discussions have taken account of a possible increase in the age threshold above which fallen stock must be tested for BSE.

Legislation

15. Scottish Government will need to amend the Transmissible Spongiform Encephalopathy (Scotland) Regulations 2006 to put: (a) the Commission Decision into effect and (b) give effect to the other regulatory changes listed in paragraph 11 above. This cannot be done until the Commission Decision is adopted and in force. The Decision allows us to make use of the derogation but we will not do so until the FSA Board and Health Ministers are both satisfied that BSE surveillance is effective and have agreed to increase the age above which cattle slaughtered for human consumption must be tested. The FSA Board will be informed by the results of this consultation. If domestic legislation is not in place but the necessary agreements have been secured, we would consider increasing testing ages administratively.

16. FSA is separately considering what further changes to legislation may be required to deal with OTM cattle that do not need to be tested but where vertebral column must be removed and destroyed as SRM. In the interim, OTM cattle must still be sent to OTM approved abattoirs.

Impact Assessment

17. This is a deregulatory measure. Currently all healthy cattle slaughtered for human consumption aged over 30 months; all emergency slaughtered cattle and cattle with clinical signs at ante-mortem inspection aged over 24 months and all fallen cattle aged over 24 months, require BSE testing. Raising the testing threshold to include all cattle over 48 months will reduce the number of cattle that require testing by about 25% in each category ( Figures 1 and 2).

Figure 1: Estimated number of tests on healthy slaughtered cattle carried out in England and Wales in 2009 as a result of raising the testing threshold from 30 to 48 months.

Figure 2: Estimated number of tests on fallen stock cattle carried out in England and Wales in 2009 as a result of raising the testing threshold from 24 to 48 months.

18. On 30 September 2008, it was announced that from 1 January 2009 abattoirs will have to pay for BSE tests so increasing the BSE testing age for cattle slaughtered for human consumption will reduce the cost to abattoirs by about £155,000 in Scotland (assuming a cost of about £11 per test). In addition, where cattle do not require testing, abattoirs will save costs such as taking brainstem samples, transporting samples to laboratories and making special arrangements for carcases until test results are available.

19. On 30 September 2008, it was also announced that the free collection and disposal service for fallen adult cattle would end. Government will continue to pay for sampling, transport of samples and analysis. From 12 January 2009, farmers in Scotland, and elsewhere in the UK, will need to send cattle requiring BSE testing, to approved animal by-products premises that are also approved to take brainstem samples. Fallen cattle that do not require testing can be handled by any suitably approved animal by-products premises. If the testing age is increased from 1 January 2009, farmers will be responsible for the collection and disposal of fallen cattle aged 24-48 months, from this date. In many cases, the costs of collection and disposal borne by the farmer will be similar but it is likely that there will be some cases where it is cheaper for farmers to dispose of carcases that do not require testing. In addition, the taxpayer would not have to pay for brainstem samples to be taken, transported and analysed at a cost of some £20 per sample for 24-48 month old fallen cattle.

20. Even though the cost of BSE tests for cattle sold for human consumption will transfer to abattoirs on 1 January 2009 and the cost of collection and transport of fallen adult cattle that require testing will transfer to producers on 12 January 2009, the number of tests will not diminish on this account. The Meat Hygiene Service will continue to enforce controls in abattoirs that prevent the carcases of cattle that must be tested from being released until a negative BSE test result is available. Similarly, 10% of cattle holdings will continue to be checked each year to enforce compliance with cattle identification regulations and cross checks will be carried out between the Cattle Tracing System database and the TSE Surveillance database to identify cattle that have been reported as dead but have not been tested for BSE. Failure to comply with cattle identification regulations can lead to significant penalties being applied to Common Agricultural Policy Single Farm Payments.

21. It is likely that other eligible Member States will raise the age threshold for BSE testing cattle slaughtered for human consumption, from 1 January 2009. There would be a competitive disadvantage for UK meat producers if the UK were to import meat from untested cattle aged 30-48 months from other Member States, whilst UK cattle still had to be tested.

22. A specific Regulatory Impact Assessment (RIA) has not been prepared for this consultation but the impact assessment for the 2007 Responsibility and Cost Sharing consultation will be updated to reflect the proposed increase in the testing ages for cattle.

QUESTIONS FOR CONSULTEES

• Do you agree that it would be acceptable to increase to 48 months the age above which cattle slaughtered for human consumption must be tested for BSE? If not, can you explain why?
• Do you agree that it would be acceptable to increase to 48 months the age above which fallen and other 'risk' cattle are tested for BSE? If not, can you explain why?

23. Responses should be received by 3 December 2008. Apologies for the short consultation period but this is necessary to meet the EU's expected timetable and allow the possibility of applying these proposals from 1 January 2009.

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