Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Bovine Semen (Scotland) Regulations 2007

Type Scottish-Statutory-Instrument

Publication 2007-06-14

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 14th June 2007

Laid before the Scottish Parliament: 15th June 2007

Coming into force: 13th July 2007

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 10 of the Animal Health and Welfare Act 1984 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and of all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references to Community instruments referred to in regulation 2(1) to be references to those instruments as amended from time to time.

PART 1 — General Provisions

Citation, commencement and extent

1

(1) These Regulations may be cited as the Bovine Semen (Scotland) Regulations 2007 and shall come into force on 13th July 2007.

(2) These Regulations extend to Scotland only.

Interpretation

2

(1) In these Regulations–

“bovine” includes the species Bubalus bubalis and Bison bison;

“bovine semen centre” means any premises licensed under regulation 4;

“cattle identification regulations” means–the Cattle Identification (Scotland) Regulations 2007 (in the case of bovine animals born in Scotland); andCouncil Regulation 1760/2000 (in the case of bovine animals born outside Scotland);

“centre veterinarian” has the meaning given in regulation 5(b);

“a certificate” means an animal health certificate published by the Scottish Ministers from time to time;

“collection” means a quantity of semen taken from a donor at any time;

“consignment” means a quantity of semen covered by a single certificate;

“Council Regulation 1760/2000” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97 , as amended from time to time;

“dam”, in the case of bovine animals derived from embryo transfer, means the recipient of the embryo;

“the Directive” means Council Directive 88/407/EEC laying down the animal health requirements applicable to intra Community trade in and imports of semen of domestic animals of the bovine species , as amended from time to time;

“Directive 64/432/EEC” means Council Directive 64/432/EEC on animal health problems affecting intra Community trade in bovine animals and swine , as amended from time to time;

“domestic collection centre” has the meaning given in regulation 4(b)(ii);

“domestic storage centre” has the meaning given in regulation 4(c)(ii);

“fresh semen” means semen which has not been frozen;

“inspector” means a person authorised in writing by the Scottish Ministers in accordance with section 10(4) of the Animal Health and Welfare Act 1984;

“licensed collection centre” has the meaning given in regulation 4(b)(i);

“licensed quarantine centre” has the meaning given in regulation 4(a);

“licensed storage centre” has the meaning given in regulation 4(c)(i);

“processing” means one or more of–diluting (except in the course of or immediately after semen collection);adding any substance with the intention of prolonging the natural life of the semen (except in the course of or immediately after semen collection);adding any antibiotic;packing into straws or other appropriate receptacles; andfreezing;

“relevant approval” means an approval under these Regulations except regulation 24(3);

“semen” means the prepared or diluted ejaculate of a domestic animal of the bovine species;

“straw” means a receptacle used to contain a single dose of semen;

“teaser animal” means a bovine animal which is used as an aid in the collection of semen;

“unlicensed premises” are premises that do not have a licence under regulation 4 other than unlicensed processing premises; ...

“unlicensed processing premises” means premises used for the processing of semen other than a licensed collection centre or domestic collection centre; and

“veterinary surgeon” means a veterinary surgeon or veterinary practitioner registered under the Veterinary Surgeons Act 1966 .

(2) Unless the context otherwise requires, any expressions used in these Regulations have the same meaning as in the Directive.

(3) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000 , which has been recorded and is consequently capable of being reproduced.

Exceptions

3

(1) These Regulations do not apply where–

(a) semen is collected for the purpose of the artificial insemination of a bovine animal with fresh semen;

(b) the bovine animal from which the semen is collected–

(i) is not, at the time of collection, affected by an order made under sections 6(c), 8, 17, 23, 25, 26 or 29 of the Animal Health Act 1981 ; or

(ii) is so affected, but the use of its semen is authorised by the Scottish Ministers; and

(i) is in the same ownership and the same herd as the bovine animal from which the semen was collected; and

(ii) is kept on the same premises as that bovine animal.

(2) These Regulations do not apply where semen is collected for the purpose of–

(a) assessing the suitability of a bovine animal for use in breeding;

(b) diagnosing infection or disease in a bovine animal; or

provided the semen collected is not used for artificial insemination and is not the subject of trade with a member State.

(3) These Regulations do not apply to research authorised under the Animals (Scientific Procedures) Act 1986 .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Licensing of bovine semen centres and approval of bovine animals

Licensing of bovine semen centres

4

The Scottish Ministers may grant a licence for the following premises–

(a) if they comply with Part 1 of Schedule 1, as premises for the quarantine of bovine animals (a “licensed quarantine centre”);

(b) if they comply with Part 2 of Schedule 1, either as–

(i) premises for the collection, processing and quarantine of semen intended for trade with a member State ((a “licensed collection centre”); or

(ii) premises for the collection, processing and quarantine of semen not intended for trade with a member State (a “domestic collection centre”); or

(i) premises for the storage of semen intended for trade with a member State (a “licensed storage centre”); or

(ii) premises for the storage of semen not intended for trade with a member State (a “domestic storage centre”).

Application for a licence to operate a bovine semen centre

5

An application for a licence to operate a bovine semen centre must–

(a) be made in writing to the Scottish Ministers;

(b) be signed by the applicant for the licence and by the veterinary surgeon who will have responsibility for veterinary supervision of the centre (“the centre veterinarian”);

(d) specify the licence applied for.

Bovine semen centre licence

6

(1) A bovine semen centre licence granted under regulation 4 must specify–

(a) the address of the centre;

(b) the licence number of the centre;

(d) the centre veterinarian;

(e) the type of licence granted; and

(f) any conditions to which the licence is subject.

(2) A licence must be in writing and may be made subject to such conditions as are necessary to–

(a) ensure that the provisions of these Regulations are complied with;

(b) protect public or animal health.

Approval of a bovine animal

7

(1) The Scottish Ministers may approve a bovine animal for use in a licensed collection centre, a domestic collection centre, or at unlicensed premises if it has tested negative for–

(a) the tests set out in Schedule 2, paragraph 2(1)(a) to (e), prior to its entry to a licensed quarantine centre; and

(b) the tests set out in Schedule 2, paragraph 3(1)(a) to (d) and paragraph 4(1)(a), after its entry to a licensed quarantine centre.

(2) The Scottish Ministers may approve a bovine animal despite a positive result to a serological test set out in Schedule 2, paragraph 2(1)(e)(ii) or paragraph 4(1)(b).

(3) The Scottish Ministers may also approve a bovine animal for use in a domestic collection centre or at unlicensed premises, if it has tested negative to the tests set out in Part 2 of Schedule 8, paragraphs 2(a) to (c).

Application for approval of a bovine animal

8

Any application for approval of a bovine animal for the purpose of collecting its semen, or for use as a teaser animal, must be made to the Scottish Ministers by or on behalf of its owner and must–

(a) specify the name and breed of the bovine animal;

(b) specify the number by which it is identifiable in accordance with the cattle identification regulations; and

Form of approval for a bovine animal

9

(1) An approval for a bovine animal must specify–

(a) the name and breed of the bovine animal;

(b) the number by which it is identifiable in accordance with the cattle identification regulations; and

(2) An approval must be in writing and may be made subject to such conditions as are necessary to–

(a) ensure that the provisions of these Regulations are complied with; and

(b) protect public or animal health.

Approval of bovine animals for use at unlicensed premises

10

(1) The Scottish Ministers may approve the use of a bovine animal for the collection of its semen ... at unlicensed premises for a maximum period of 3 months.

(2) The Scottish Ministers may renew an approval under paragraph (1) for subsequent periods of up to 3 months if–

(a) they receive the application for renewal of the approval in writing and signed by or on behalf the owner, at least 28 days before the date on which it is due to expire; and

(b) the tests referred to in Part 2 of Schedule 8, paragraph 2(a) to (c) have been conducted again, with negative results, on the bovine animal to which the approval relates, no more than 28 days before the date the approval is due to expire.

(3) If the results of any of the tests carried out on a bovine animal under paragraph 2(b) will not be available until after its approval is due to expire, the Scottish Ministers may grant a temporary approval.

(4) Where the Scottish Ministers grant a temporary approval under paragraph (3), no person may trade any semen which has been–

(a) collected from a bovine animal; or

(b) processed following such collection,

until negative results to the tests on the bovine animal ... are confirmed.

PART 3 — The operation of a bovine semen centre and collection at unlicensed premises

Entry of persons to bovine semen centres

11

(1) No person may enter, without lawful authority or reasonable excuse, a bovine semen centre without the authority of the centre veterinarian.

(2) A person authorised by the centre veterinarian to enter a bovine semen centre must comply with any requirements laid down by the centre veterinarian to ensure compliance with these Regulations.

(3) The centre veterinarian must ensure that unauthorised persons do not enter the bovine semen centre.

Entry of non-bovine animals to bovine semen centres

12

(1) No person may introduce a non bovine animal into a bovine semen centre without the written authorisation of the centre veterinarian.

(2) The centre veterinarian may authorise the admission of domestic animals of non bovine species into a bovine semen centre provided–

(a) they are necessary for the operation of the centre;

(b) they present no risk of infection to those bovine animals whose semen is to be collected; and

Requirement to keep records of bovine animals

13

(1) This regulation does not apply to a licensed storage centre or domestic storage centre.

(2) The centre veterinarian or operator of unlicensed premises must make a record for each bovine animal moved into or out of the centre or premises of–

(a) its breed;

(b) its date of birth;

(d) all vaccinations administered to it;

(e) the tests it has undergone for diseases and their results; and

(f) any indication of disease it may have.

(3) The centre veterinarian or operator of unlicensed premises must ensure that these records are kept for at least two years from the date on which the bovine animal leaves the centre or premises or dies at the centre or premises.

Requirement to keep records of semen

14

(1) This regulation does not apply to licensed quarantine centres.

(2) Whenever semen is moved from or to a bovine semen centre or is destroyed, the centre veterinarian must record–

(a) the number by which the donor bovine animal is identifiable in accordance with the cattle identification regulations;

(b) its health status;

(d) the numbers on the receptacles in which the semen is or was contained (as applicable);

(e) the date the semen was received, dispatched or destroyed (as applicable);

(f) the premises, or bovine semen centre, of dispatch (if applicable); and

(g) the destination (if applicable).

(3) The operator of unlicensed premises must record the information in paragraphs 2(a) to (g) for semen sent from the premises for processing.

(4) The operator of unlicensed premises or the centre veterinarian must ensure that each consignment of semen is accompanied by documents containing the information in paragraphs 2(a) to (g).

(5) The operator of unlicensed premises or the centre veterinarian must ensure that these records are retained for at least two years after the dispatch, receipt, or destruction of the semen.

General duties of centre veterinarians

15

(1) The centre veterinarian must ensure that–

(a) the centre is operated in accordance with these Regulations;

(b) the conditions of the licence under which the centre operates are observed;

(c) appropriate standards of hygiene are maintained at the centre to prevent the incursion of disease transmissible by semen; and

(d) the biosecurity of the centre is maintained to prevent the incursion of disease transmissible by semen.

(2) The centre veterinarian must ensure that staff at the centre are technically competent and have received appropriate training in disinfection procedures and hygiene techniques.

(3) The centre veterinarian must ensure that the Scottish Ministers are notified immediately if the result of any test carried out on a bovine animal at the centre for any disease that must be tested for under these Regulations indicates a change in the health status of the bovine animal.

Specific duties of centre veterinarians , veterinarians supervising unlicensed processing premises and operators of unlicensed premises

16

(1) The duties of the centre veterinarian–

(a) of a licensed quarantine centre are set out in Schedule 2;

(b) of a licensed collection centre are set out in Schedule 3;

(d) of a domestic collection centre are set out in Schedule 5; and

(e) of a domestic storage centre are set out in Schedule 6.

(1A) A veterinarian responsible for supervising processing of semen at unlicensed processing premises in accordance with regulation 24(2)(c) must perform the duties of a centre veterinarian of a licensed collection centre to the extent listed in Part 3 of Schedule 3, paragraphs 1(d), (e) and (f) and 2(b).

(2) The duties of the operator of unlicensed premises are set out in Schedule 7.

Taking blood samples and testing for bovine tuberculosis

17

(1) Taking blood samples for laboratory analysis may only be undertaken by–

(a) a centre veterinarian;

(b) an inspector who is qualified as a veterinary surgeon; or

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.