Explanatory note

This Order amends the Diseases of Animals (Ascertainment of Disease) Order 1985 (S.I. 1985/1765) so as to extend the meaning of ‘disease’ to include spongiform encephalopathy (article 2) and amends the Specified Diseases (Notification) Order 1991 (S.I. 1991/1155) so as to make spongiform encephalopathy notifiable in certain circumstances and to extend the definition of “animals” for this purpose (article 3).

The Order also amends the Bovine Spongiform Encephalopathy Order 1991 (S.I. 1991/2246). It extends the controls on certain specified bovine offal to such offal derived from animals aged six months or under and applies the controls not only to the brain, spinal cord, spleen, thymus, tonsils and intestines of any bovine animal which died or was slaughtered in the United Kingdom and which was over six months old at the time (as did the 1991 Order), but also to the thymus and intestines of all bovine animals, with an exception for offal from animals under two months of age which have not been slaughtered for human consumption (article 4(2)).

It also extends the provisions relating to notification of bovine spongiform encephalopathy (article 4(3)) and the condition restricting the use of milk from an affected or suspected animal imposed under Form A (article 4(8)). It implements Commission Decision 94/381/EC (OJ No. L172, 7.7.94, p.23) by prohibiting the sale, supply and use of feedingstuffs incorporating mammalian protein for feeding to ruminant animals (article 4(4)) and implements article 3(1)(b) of Commission Decision 94/474/EC (OJ No. L194, 29.7.94, p.96) by prohibiting the export of specified bovine offal and protein derived from specified bovine offal except for research purposes under the authority of a licence (article 4(5)).

The Order also corrects some minor errors in the 1991 Order (article 4(6) and (9)).

A Compliance Cost Assessment has been prepared and a copy has been placed in the library of each House of Parliament.