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This item was published during the term of a previous administration that ended in April 2007

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Thirty month rule to be replaced

01/12/2004

Scottish Ministers today announced their intention to lift the automatic ban on older cattle from entering the human food chain, subject to a rigorous BSE testing regime being put in place.

The decision follows advice from the Food Standards Agency (FSA).

The incidence of BSE has been declining since its peak in the early 1990s and has now fallen by over 99%.

The numbers of new clinical cases detected are also at the lowest level since recording began. The FSA has advised that the current control measures are no longer proportionate to the risk.

The final changeover from using the Over Thirty Month (OTM) Rule to a managed system of testing will only take place once a testing system is in place.

Any changeover will depend on FSA approval of the testing regime.

Any changes in the domestic OTM Rule are unlikely to come into effect until the latter half of 2005.

Changes in export restrictions are not expected to come into effect until late 2005.

Health Minister Andy Kerr said:

"This Government has always seen protecting public health as a priority, which is why tight controls like the OTM Rule have been put in place.

"Having weighed up all the factors and taken careful account of the advice of our experts, we now consider it appropriate to begin to move towards a system of BSE testing, which will in due course replace the OTM Rule.

"Those who operate and oversee all our BSE controls have a very important job to protect the consumer.

"The OTM Rule will not be replaced until Ministers receive assurance from the FSA that the new testing regime for older cattle is able to operate to the highest standards. This means addressing concerns about recent testing failures."

Sir John Krebs, Chairman of the FSA, said:

"The FSA has commissioned the best available independent scientific advice on BSE risks. We have also consulted widely and examined the evidence, acknowledging the uncertainties, in an open and transparent way.

"The FSA has advised that replacing the OTM rule with BSE testing is proportionate because of the very low risk to consumers and the effectiveness of other controls. Ministers have now accepted that advice.

"However this is still subject to there being a robust BSE testing system for cattle born on or after 1 August 1996 in place and the Agency has set up an independent group to advise on this.

"It will also be important to engage stakeholders in the work of this independent group. Once its work is done, the Agency will advise Ministers on the robustness of the testing system."

Environment and Rural Development Minister Ross Finnie said:

"Today marks the start of the process to replace the OTM Rule with a system of robust testing.

"Protection of public health remains the Executive's priority. It is encouraging that the BSE epidemic in cattle has declined to its current low level, but we must remain vigilant and ensure that strict controls remain in place.

"We will not change the OTM Rule until robust testing arrangements, which satisfy the FSA, are in place and the FSA has considered the outcome of a further public information and consultation exercise.

"We will continue to work in Brussels to ensure that beef from domestically-produced cattle born on or after August 1, 1996, can be exported as soon as possible after it becomes eligible for sale in the UK."

The main public health control measure against BSE is the removal of Specified Risk Material (SRM) which removes over 99% of infectivity in cattle.

The other key control is the ban on feeding animal protein to all farmed livestock which has led to the reduction of over 99% in clinical BSE cases since 1992.

The FSA have set up an independent group to advise them on whether the testing regime that will be proposed by Defra can be considered robust, including any additional steps that might need to be taken to ensure this.

The terms of reference of the independent group are 'to make recommendations to the FSA on a robust regimen.

In so doing, to agree:

(a) the components of a robust, reliable and effective regime for BSE testing of OTM cattle slaughtered for human consumption

(b) the approach to assessing the performance of the testing regime; to then review those recommendations in light of a trial of the testing system, and to report to the FSA'.

When the Rule is replaced by BSE testing, the group is also asked 'to evaluate reports of an audit of the testing system on the first six months following implementation and make recommendations as to any corrective action needed'.

Members of the group are:

  • Professor Patrick Wall (Chairman)
  • Peter Jinman
  • Professor Peter Lind
  • Mrs Barbara Saunders
  • Dr Geoff Spriegel

For cattle born before August 1, 1996, the Executive will be consulting with industry - and the UK will consult the EU Commission - on the shape and duration of a successor scheme to the current OTM Scheme.

Temporary measures will be considered, to minimise disruption to the beef market when cattle born on or after August 1, 1996, are re-introduced into the food chain.

The UK will need a further EU inspection of its BSE controls, a specific proposal from the European Commission and the agreement of the other EU Member States before it can export beef from cattle born on or after August 1, 1996, on the same basis as the rest of the EU.

The decision has been made by the Executive, the UK Government and Welsh Assembly Government.

Page updated: Wednesday, December 01, 2004