Explanatory note

This Order revokes and substantially re-enacts the Brucellosis (England) Order 2000 (S.I. 2000/2055) (“the 2000 Order”) and the Brucellosis (England) (Amendment) Order 2008 (S.I. 2008/618) in relation to England.

It implements the provisions relating to milk of Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine (OJ No L 121, 29.7.1964, p 1977) and Council Directive 77/391/EEC introducing Community measures for the eradication of brucellosis, tuberculosis and leucosis in cattle (OJ No L 145, 13.6.1977, p 44). These Directives require the operation of a monitoring and testing programme to maintain the “Officially Brucellosis-Free” status of Great Britain under Council Directive 64/432/EEC.

The main changes to the previous regime made by this Order relate to the arrangements for testing milk for evidence of brucellosis and provision for the Secretary of State to approve veterinary surgeons to carry out the functions previously performed by veterinary inspectors under the 2000 Order.

Article 3 provides for the Secretary of State to approve veterinary surgeons for the purpose of functions under the Order.

Article 8(1) places a duty on those who buy milk (in any form) in England for resale from the owner or person in charge of a herd of dairy cows to ensure that on a quarterly basis a sample of milk (which includes milk from all the dairy cows in that herd whose milk is available for sale) is taken and received by an approved laboratory for testing for brucellosis. The 2000 Order previously required such testing on a monthly basis.

Article 8(4) introduces a new obligation for any person who owns or keeps a herd of dairy cows in England and who offers for sale any milk or milk products derived from milk produced by that herd to ensure that 3 times a year, at times to be notified by the Secretary of State, a sample of milk from all of the cows in the herd whose milk is available for sale is taken and received by an approved laboratory for testing for brucellosis. The offences (article 23) and enforcement provisions (article 24) apply to this new obligation.

An impact assessment of the effect of this instrument on the costs to business is available from the Zoonoses Policy team, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and is published with the Explanatory Memorandum alongside the instrument at www.legislation.gov.uk.