Scottish Government

These requirements apply if you use Plant Protection Products on your holding.

You must not use any plant protection product unless:

(i) it has been approved under the Plant Protection Products Regulations 2005 (" PPPR") or the Control of Pesticides Regulations 1986;

(ii) it is used in accordance with any requirement or condition which is:

• specified in the approval or in any extension of use; or
• required by the approval or extension of use to be on the labelling.

(iii) it is used in accordance with the principles of good plant protection practice; and

(iv) whenever possible, it is used in accordance with the principles of integrated control.

The farmer has used an unapproved product, e.g.

• an older product that is no longer approved
• an imported product that is not labelled in English

In most cases:

Limited to an on-farm effect

The impact of the use of an illegal product will vary dependent on the product but may pose a risk to human health and or the environment. In cases where an environmental contamination or residues in foodstuffs arising from illegal use may mean this is:

Not limited to an on-farm effect

High

Permanent or Rectifiable

In complying with this SMR you should note the following:

a. "Plant protection product" means an active substance or a preparation containing one or more active substances, put up in the form in which it is supplied to the user, intended to-

• protect plants or plant products against all harmful organisms or prevent the action of such organisms;
• influence (for example, as a growth regulator) the life processes of plants, other than as a nutrient;
• preserve plant products, in so far as such active substances or preparations are not subject to provisions of Community law on preservatives;
• destroy undesired plants; or
• destroy parts of plants or check or prevent the undesired growth of plants.

The farmer has used an approved product but has not complied with the conditions and requirements of approval, e.g.

• product not approved for intended use, crop, land or situation
• product not approved for intended method of application
• maximum dose / concentration exceeded
• number of permitted treatments/total dose exceeded
• application dates / harvest intervals not observed
• access restrictions for workers and/or livestock ignored
• notifications not given ( e.g. to neighbours when spraying sulphuric acid, to beekeepers, when aerial spraying)

In most cases:

Limited to an on-farm effect

The impact may vary depending on the non-compliance. Possible damage to the environment and/or human health . Environmental contamination from non-compliance may mean this is:

Not limited to an on-farm effect

Medium or High

High where the breach may have consequences for human health or the environment

Medium where the breach is technical in nature.

Permanent or Rectifiable

b. "Active substance" means any substance or micro-organism, including a virus, having general or specific action against harmful organisms or on plants, parts of plants or plant products.

c. Details of approved products are all recorded under the pesticide product names from the Pesticides Safety Directorate.

d. "Good plant protection practice" is the practice whereby the treatments with plant protection products applied to a given crop, in conformity with the conditions of their approved uses, are selected, dosed and timed to ensure optimum efficacy, taking due account of local conditions and of the possibilities for cultural and biological control.

e. Good plant protection practice is explained in the Code of Practice for the safe use of plant protection products see the "Green Code", the statutory Code of Practice made under section 17 of Food and Environment Protection Act 1985, sections 1, 2 and 6.

The farmer has used a plant protection product in non-compliance with the principles of good plant protection practice as set out in the code of practice

Important requirements of the code include:

• Use of the pesticide is carefully and properly planned, including completion of appropriate risk assessments, e.g.LERAP
• Application/use by competent operators and where appropriate holders of certificates of competence ( NPTC/ SSTS)
• Application equipment is suitable, calibrated and properly maintained
• Application is confined to the target area, crop, land, etc.

On-farm or off-farm effect

(Dependent on non-compliance may be off farm, e.g. contamination of water catchments.)

Medium or High

High where the breach may have consequences for human health or the environment.

Medium where the breach is technical in nature.

Permanent or Rectifiable

f. The Green Code is currently being revised. The new code (in draft format),, "The Draft Code of practice for the safe use of plant protection products in Scotland" is expected to be published in Spring 2006. The draft format can be found onwww.scotland.gov.uk.

g. "integrated control" means the rational application of a combination of biological, biotechnological, chemical, cultural or plant-breeding measures whereby the use of chemical plant protection products is limited to the minimum strictly necessary to maintain harmful organisms below levels above which economically unacceptable damage or loss would occur.

h. For further information on integrated control, see the publication "Pesticides and Integrated Control" available from the PSD.

There are record keeping requirements for pesticides and these can be found in SMR 11.

Appropriate measures for preventing and controlling spillage and leakage, e.g. during mixing and filling of equipment

• Buffer zones, grass margins and conservation headlands are maintained
• Suitable and sufficient personal protective equipment ( PPE) is used
• adequate arrangements for washing and cleaning equipment after use
• Emergency action plan prepared and equipment available

The impact may vary depending on the non-compliance.

Possible damage to the environment and or human health.

The farmer has used approved products in accordance with label requirements and good practice but there is evidence that they have done so without considering the need for treatment or the use of alternatives including non-chemical means of control.

Can be an on-farm effect or off

(Dependent on non-compliance.)

Minimum

Rectifiable

Domestic law prohibits most uses of such substances in all species of farm animals. However, administration of some of these substances is permitted under veterinary control for a very limited range of uses. SEERAD's evidence is that nearly all farmers in Scotland are already in compliance with SMR 10.

You must not:

• store substances related to oestradiol 17ß, beta-agonists that are for induction purposes in the treatment of tocolysis, or products containing these substances on the farm
• use hormonal substances for growth promotion
• use substances containing or related to oestradiol for oestrus induction in farm animals after October 2006. (You should note that UK law allows the use of oestradiol 17-ß or its ester-like derivatives only for oestrus induction in cattle, horses, sheep or goats or for treating cattle for foetus maceration, mummification or pyometra. However, its use for oestrus induction in cattle, horses, sheep or goats is prohibited from 14 October 2006.)

The farmer has administered Illegal substances with hormonal or thyrostatic action or beta-agonists to food-producing animals.

Note that farmers are able to administer (under a vet's direction):

• Allyl trenbolone, orally, to non-production animals for a therapeutic purpose
• Beta-agonists to equidae and companion animals, for a therapeutic purpose

Products with a gestagenic, oestragenic or androgenic action for the synchronisation of oestrus or the preparation of donors or recipients for the implantation of embryos

If the animals remain alive : limited to an on farm effect

If the animals have left the farm : not limited to an on- farm effect (as the food chain is already jeopardised).

High

Permanent

You must:

• use only UK authorised veterinary medicinal products for their authorised purposes
• obtain 'Prescription Only Medicines - UK Veterinarian' ( POM-V) through a veterinary surgeon or UK registered pharmacy
• follow the instructions for use
• update medicines records whenever these substances are used on the farm
• follow the withdrawal periods as laid out in the product's instructions for use or veterinary prescription

The types of substances whose uses are limited by SMR 10 include:

• oestrogens, such as oestradiol and zeranol
• androgens, such as testosterone
• gestagens, such as melengestrol acetate
• thyrostats, such as methylthiouracil
• stilbenes, such as diethyl stilboestrol and
• beta-agonists, such as salbutamol and clenbuterol

Note: Evidence for this breach may come from the detection in samples taken from live animals or from samples taken at slaughterhouses

Evidence may also come from the detection in feed or water of unauthorised substances having hormonal or thyrostatic action or beta-agonists. The inspector would need to make an assessment of whether some of the batch of feed or container of water had already been administered to animals or whether such treatment appeared to be routine.

Examples of products that might contain these substances include - PRID, Planipart and Ventipulmin. Your veterinarian will be able to advise you on where use of these might be allowed.

The farmer is in possession on a farm of:
hormonal or thyrostatic action without a relevant veterinary prescription
any substance containing oestradiol 17ß or its ester-like derivatives
any substance containing a beta-agonist that is authorised to be used for induction purposes in the treatment of tocolysis
Note: Any prescription may not be available in written form on the farm. But the farmer should be able to demonstrate who prescribed the medicinal product - and this should be followed up to verify. As farmers are required to keep the proof of purchase of all veterinary medicinal products for 5 years this should be available to identify the supplier of the source of the medication.

Limited to an on farm effect

High

Rectifiable
As any illegally possessed products can be disposed of.

Only the farmer's own veterinary surgeon or a UK registered pharmacy should have supplied drugs covered by SMR10. However, obtaining such products from a non-authorised source may not in itself constitute a breach of SMR 10, if it is a UK authorised product.

Some banned substances have legitimate uses as medicines for humans and companion animals. If the inspector is satisfied that any products found are for these purposes, no breach of SMR10 has occurred.

Where illegal possession is suspected or has been established, an assessment will have to be made as to whether illegal administration has also taken place (see above).

Inspectors may also have to take into account that medicines may be found that were legally obtained, but have since ceased to be authorised. The continued possession of such products is unlawful.

The farmer is not observing the relevant withdrawal periods for authorised products containing substances with hormonal or thyrostatic action or beta-agonists. (Although currently there are no authorised medicines containing thyrostats).

Failure to observe withdrawal periods only applies to slaughtered animals or to live animals from which products (usually eggs or milk) are taken.

Not limited to an on-farm effect

Note: the effect of this offence is possible contamination of food so the extent is off-farm.

High

In respect of food safety where animals or their products can be prevented from entering the food chain:

May be rectifiable

In respect of the particular animal(s):

Permanent

The farmer in possession of animals with residues in any tissues or body fluids at concentrations that indicate illegal administration or non compliance with an authorised product's stated dosing instructions and /or withdrawal time of substances with hormonal or thyrostatic action or beta-agonists to food-producing animals.

In cases where the animals or animal products can be prevented from entering the food chain :

Limited to an on-farm effect

In cases where the animals or animal products cannot be prevented from entering the food chain :

Not limited to an on-farm effect

High

Rectifiable

Note: as the animals concerned can be destroyed.

The farmer has placed on the market animals with residues in any tissues or body fluids at concentrations that indicate illegal administration of substances with hormonal or thyrostatic action or beta-agonists to food-producing animals (certain exemptions apply - see Regulation 9 of SI 1997 No. 1729.

In cases where the animals or animal products can be prevented from entering the food chain:

Limited to an on-farm

In cases where the animals or animal products cannot be prevented from entering the food chain :

Not limited to an on-farm effect

High

In cases where the animals have not been sold (they can be destroyed instead):

Rectifiable

In cases where the animals have already been sold (usually the case):

Permanent

The farmer has slaughtered for human consumption of animals with residues in any tissues or body fluids of substances with hormonal or thyrostatic action or beta-agonists at concentrations that indicate illegal administration of to food-producing animals or non compliance with an authorised product's stated dosing instructions and /or withdrawal time.

Not limited to an on-farm effect

High

In cases where the animals can still be prevented from entering the food chain:

Rectifiable

In cases where the cannot be prevented from entering the food chain:

Permanent

The farmer has sold meat or animal products from animals with residues at concentrations that indicate illegal administration or non compliance with an authorised product's stated dosing instructions and /or withdrawal time of substances with hormonal or thyrostatic action or beta-agonists.

Not limited to an on-farm effect

High

Permanent

The farmer is in possession of meat or animal products from animals with residues at concentrations that indicate illegal administration or non compliance with an authorised product's stated dosing instructions and /or withdrawal time of substances with hormonal or thyrostatic action or beta-agonists.

Can have an on-farm or off farm effect

Note: Slaughterhouses, food processing plants, dairies, egg-packing businesses, farm shops and retail outlets would possess meat and animal products too.

High

Rectifiable

Note: the food can be condemned as unfit for human consumption.

Non-maintenance of records of permitted animal treatment with substances with hormonal or beta-agonists to food-producing animals contrary to Regulations 17 (if the administration is by the vet) or 18 (administration is by the farmer) of the Veterinary Medicines Regulations 2005.

Assessment of medicines records is often part of the procedure for the State Veterinary Service when they inspect farms.

Limited to an on-farm effect

Minimum

Minor omissions in records of administration of SMR10 substances or mistakes but inspector still able to make an assessment of compliance with withdrawal periods or trace treated animals

Rectifiable or Permanent

Note: depending on time-lag between suspected treatment and whether farmer is in possession of any information that would enable him to make a record. ( NB it may be difficult for inspector to decide whether no records = no treatment or = treatment but no record-keeping)

Where administration of the substances covered by SMR10 is permitted under an exception, keeping the records required by the Veterinary Medicines Regulations 2005 is also required and failure to do so is a breach of SMR10. Only where the inspector considers that lawful use of substances controlled by SMR10 has taken place is it likely that penalties can be applied for the consequential failure to keep adequate records.

Medium

Records of administration of SMR10 substances incomplete-only sufficient for inspector to make a partial assessment of compliance with withdrawal periods or trace treated animals

Farmers must keep proof of purchase of all veterinary medicinal products for 5 years. This will include proof of purchase of any treatments relating to SMR10. Therefore if a farmer has the appropriate proof of purchase but no or an incomplete record of use of an SMR10 product this may provide evidence of an offence.

For CAP cross-compliance purposes, Regulation 18 of the Veterinary Medicines Regulations 2005) requires that a record is made at the time of administration'.

High

No records of administration of SMR10 substances - or inspector unable to make an assessment of compliance with withdrawal periods or trace treated animals

Food safety, withdrawal and recall

You must not place food on the market if it is unsafe. Food is considered to be unsafe if it is either injurious to human health or unfit for human consumption.

There is evidence that food that is unfit for consumption and/or injurious to health (for example, mould growth or pest infestation of grain) has been placed on the market and is not to be disposed of or used as feed.

Not limited to an on farm effect.

High

Rectifiable or Permanent - if producer has no system to trace or recall the product and has not informed the competent authorities

If you have reason to believe that you have supplied food that does not meet food safety requirements (it is either injurious to health or unfit for human consumption), and it has left your immediate control, then you shall immediately initiate procedures to withdraw it from the market and inform both competent authorities (ie the Local Authority and the Food Standards Agency).

Where your food may already have reached consumers they must be informed of the reason for its withdrawal. The food must be recalled from the market if there is no other way of achieving a sufficiently high level of health protection.

Additionally, if you believe that food which you have supplied, or which is in your possession and which you intend to sell, could be injurious to health, you shall immediately inform the competent authorities. You must also inform the competent authorities of actions you have taken to prevent risks to the final consumer.

Where there has been a food safety incident and the farmer has not followed the requirements concerning notification, recall and withdrawal.

Not limited to an on farm effect.

High - unsafe food has been supplied and adversely affected the food chain (actual incident) - evidence required, producer failed to recall or inform competent authority

Rectifiable

or

Permanent - if producer has not followed the requirements concerning notification, withdrawal and recall.

Feed safety, withdrawal and recall

You must not place unsafe feed on the market or feed it to food producing animals if it is unsafe. Feed is deemed to be unsafe if it has an adverse effect on human or animal health or if it makes the food derived from food producing animals unsafe for human consumption.

There is evidence that feed that is held for placing on the market or feed to food producing animals is obviously unsafe e.g. there are visible signs or other evidence of gross contamination such as mould or pest infestation.

Not limited to an on-farm effect.

Medium - Clear visible signs or other evidence of gross contamination, feed has not been fed to animals but producer has failed to take steps to destroy or treat contamination.

High - Unsafe feed has been fed to food producing animals resulting in animal deaths or sickness, or food products have become contaminated.

Rectifiable - if feed has not all been fed or can be recalled

Otherwise, permanent

If you have reason to believe that you have supplied feed that does not meet feed safety requirements then you shall immediately initiate procedures to withdraw it from the market and inform both competent authorities ( i.e. the Local Authority and the Food Standards Agency).

The feed must be destroyed unless the competent authority is satisfied otherwise.

If your feed product is already with the user of the feed then they must be informed of the reason for its withdrawal. The feed must be recalled from the market if there is no other way of achieving a sufficiently high level of health protection.

Where there has been a feed safety incident and the farmer has not followed the due processes.

"Due processes" - procedures to withdraw feed include holding any unused stock and not using it for feed. Recall would include contacting customers receiving non-complying feed. The competent authorities that must be informed of a withdrawal or recall are either the local authority (the trading standards department) or the Food Standards Agency. Destruction would probably be under the direction of a local authority inspector and would often be as a result of a sample of feed having been tested positive for a contaminant, which breached a statutory maximum permitted level. Other acceptable uses might be considered depending on the case as long as these did not have implications for the food chain ( e.g. industrial use)

Not limited to on-farm effect.

The breach might be in relation to a nationwide recall of batches.

A farmer must keep records of those they have immediately supplied with a feed but not other parties, which might receive the feed subsequently.

Medium - if feed is unlikely to have an adverse affect on animal or consumer health

High - if feed is likely to have an adverse affect on animal or consumer health

Permanent: if feed has been used ( i.e. fed)

or

Rectifiable if not used

Traceability -You must put in place systems and procedures related to the traceability of inputs* to your farm.

These systems must identify:

• The name and address of your supplier
• The nature and quantity of the products that were supplied to you
• The date of the transaction (delivery)

*Inputs are: food, feed, food-producing animals, and any other substance intended/ expected to be incorporated into a feed.

You must also put in place systems and procedures related to the traceability of your products when they leave the farm.

These systems must identify;

• The name and address of your customer
• The nature and quantity of the products that were supplied to that customer
• The date of the transaction (when the product left the farm)

Key pieces of information are missing, or information is not kept at all.

Information is kept but not in a systematic manner: it cannot be produced on demand, taking into account a test of reasonableness. (For Cross Compliance purposes, this effectively means within the period of the Cross Compliance inspection.)

Limited to on-farm effect

Although limited to on-farm the consequences of poor traceability systems could affect entire food chain. This would only raise serious implications in the event of a recall/ withdrawal where records were unavailable and there was a serious risk to human health.

Minimum - Information largely available but incomplete

Medium -Poor or inadequate system of keeping the required information. Cannot fully meet inspection requirements

High - No system or information kept

Rectifiable

It is for you to determine the system of storing information, which could be computerised or written records or filing of written receipts. However, it is stressed that the information must be complete, comprehensive, organised and in a format which is readily available so that it can be produced when requested.

Hygiene of foodstuffs and feed hygiene

If you are rearing animals, whether for food or for their products, you must only source and use feed from establishments that are registered and/or approved. This does not refer only to manufactured feed but any substance or product intended to be used for oral feeding to animals. Therefore, examples are compound feeds, premixtures, additives and feed materials such as cereals and fodder.

Evidence that the farmer is sourcing and/ or using feed from establishments that are not registered/ approved.

In most cases :

On-farm

In extreme cases:

Not limited to on-farm ( i.e. when there has been a food/ feed safety incident)

Minimum: Feed has been sourced from establishment not registered/approved in accordance with 183/2005 but there has been no contamination/risk to animal health or human health.

High: Feed has been sourced from establishment not registered/approved in accordance with 183/2005 and has led to, or can be linked to, food- borne disease with a direct impact on human health; linked to animal illness death.

Permanent only where there has been an off-farm food/ feed safety incident and feed sourced from unregistered/unapproved establishment.

All other cases are Rectifiable

You must store and handle waste and hazardous substances so as to prevent contamination of your food products or your feed. Hazardous substances are any that have the potential to cause an adverse effect on health (human or animal). There is no exhaustive list of waste and hazardous substances but may include such things as: slurry, dirty water/ run-off, silage effluent, waste metal, car batteries, sheep dip, plant protection products and biocides, fertilisers, veterinary products, noxious chemicals, diesel. Please note that these are examples only.

There is evidence of inappropriate use and handling of waste or hazardous substances which have the capacity to contaminate stored foodstuffs or feedstuffs.

Waste or hazardous substances stored inappropriately which could cause contamination of stored foodstuffs or feedstuffs.

In most cases:

On-farm

In extreme cases:

Not limited to on-farm ( i.e. when there has been a food/ feed safety incident)

Medium: e.g. gross contamination from poorly stored/ handled waste or hazardous substances. The product is still on farm. The non-compliance is unlikely to lead to a direct impact on human health.

High: in extreme instances where non-compliance has led to, or can be linked to, food- borne disease with a direct impact on human health.

Farmer has taken no steps to control or prevent the breach.

Permanent only where there has been an off-farm food/ feed safety incident and traceability is not possible. Otherwise can withdraw ( i.e. not permanent)

All other cases are Rectifiable

You must store feed correctly, away from chemicals or any other products prohibited for use as animal feed.

You must store medicated feed and non-medicated feed - intended for different categories or species of animals - in such a way as to reduce the risk of feeding to non-target animals.

Feed not stored separately or is stored in direct contact with a product with the potential to cause contamination.

Medicated feedingstuffs not clearly labelled as such and stored separately from non-medicated feed. Feeds are not separated in store via physical barrier or bagged.

In most cases:

On-farm

In extreme cases:

Medium:e.g. gross contamination from poorly stored/ handled feed that has come into contact with chemicals or medicated feed has contaminated non medicated feed. The product is still on farm. The non-compliance is unlikely to lead to a direct impact on human health.

High: in extreme instances where non-compliance has led to, or can be linked to, food- borne disease or illness with a direct impact on human health.

Farmer has taken no steps to control or prevent the breach.

Permanent only where there has been an off-farm food or feed safety incident and traceability is not possible.

You must take adequate measures to prevent the introduction and spread of contagious diseases such as brucellosis, tuberculosis, and salmonella which includes taking precautionary measures when you introduce new animals.

Any suspected outbreaks of the above diseases must be reported to the competent authority.

Farmer has not notified the relevant authority of a disease incident on farm.

No system in place regarding precautionary measures when new animals are introduced on-farm e.g. newly introduced animals are not kept separate from rest of herd/flock to verify whether they carry disease or not.

Failure to abide by the statutory testing of animals before sale/removal off farm (for benefit of purchasing production holding) or failure to report indicators of potential outbreaks (abortions)

All eligible animals must conform to national herd / flock health surveillance for Brucellosis / TB. Testing intervals must be observed.

In most cases:

On-farm

In extreme cases:

Not limited to on-farm ( i.e. when there has been a food/ feed safety incident)

Medium where testing has passed 3 months interval. Farm under SVS restriction.

High where test overdue by 1 year or more and animals have moved off whilst under restriction. Where non-compliance has led to, or can be linked to, a food- borne disease with a direct impact on human health.

Farmer has taken no steps to control or prevent the breach.

Permanent, herd not conformed to testing interval and animals have moved off causing disease elsewhere. Where there has been an off-farm food/ feed safety incident Otherwise can withdraw ( i.e. not permanent)

Rectifiable, herd test can be carried out

If you use feed additives, veterinary medicinal products or biocides on your farm then you must do so correctly. To fulfil this requirement you should ensure that the dosage, application or use must be as stated on the label or as prescribed.

Evidence that feed additives, veterinary medicines or biocides being used incorrectly or inappropriately. For example:

• not mixed or stored correctly
• not labelled
• past their use-by dates
• not used in accordance with the instructions/ dosage on the label (evidence from records of application)
• withdrawal periods have been contravened (evidence from veterinary medicines records)

In most cases:

On-farm

In extreme cases:

Not limited to on-farm ( i.e. when there has been a food/ feed safety incident)

Medium:e.g., gross contamination of feed not stored separately, or products used past their sell by date, not used in accordance with label instructions or withdrawal periods not observed. The non-compliance is unlikely to have a direct impact on human health.

High: in extreme cases, where non-compliance has led to or can be linked with direct impacts on human health. The farmer has not controlled or prevented the breach.

Permanent only where there has been an off-farm food/ feed safety incident. Otherwise can withdraw ( i.e. not permanent)

All other cases are Rectifiable

If you are a feed business operator you must take account of the results of any relevant analyses carried out on samples taken from primary products or other samples relevant to feed safety.

Failure to exclude or dispose of feed ingredients which analysis has shown to be in breach ( e.g., containing unauthorised additives, or with levels of contaminants above permitted maxima)

No other action taken to correct a problem that has been identified through analysis.

On-farm

Minimum

Rectifiable

In addition to the information to be kept under traceability requirements, you must keep records on all of the following areas if they are relevant to your business:

(a) veterinary medicinal products, or other treatments, administered to your animals; the dates of the treatment and the withdrawal period.

(b) the results of any analyses carried out on samples taken from food producing animals, plants or other samples taken for diagnostic purposes, that have importance for human health;

(c) any relevant reports on checks carried out on animals or products of animal origin.

(d) use of plant protection products and biocides.

(e) any use of genetically modified seeds (in feed production)

The Green Code has further information and guidance on record keeping for pesticides, included a suggested format.

No records kept or records incomplete

On-farm effect

Minimum

Rectifiable

If records can be corrected:

Permanent

If records cannot be corrected:

Food business operators must take appropriate remedial action when informed of problems identified during official controls. Official control means any form of control that the competent authority performs for the verification of compliance with feed and food law, animal health and welfare rules. This may be, for example, remedial actions required following inspections by SEERAD, the State Veterinary Service ( SVS) or local authority staff.

Failure to take action when informed of problems during an official control.

In most cases:

On-farm

In extreme cases:

Not limited to on-farm ( i.e. when there has been a resultant food/ feed safety incident)

Minimum to High (depending on impact of failure to take action from official control)

Permanent only where there has been an off-farm food/ feed safety incident. Otherwise can withdraw and/or carry out remedial action ( i.e. not permanent)

All other cases are Rectifiable

DAIRY HYGIENE REQUIREMENTS

The following additional hygiene requirements apply where you are a producer of raw milk (from any species).

You must ensure that raw milk comes from animals that:

(a) are in a good general state of health

(b) present no sign of disease that might result in the contamination of milk and, in particular, are not suffering from any infection of the genital tract with discharge, enteritis with diarrhoea and fever, or a recognisable inflammation of the udder;

(c) do not have any udder wound likely to affect the milk;

(d) are not within the prescribed withdrawal period following the administration of authorised products or substances

(e) have not been administered with any unauthorised substances or products

a - c) Evidence that milk from animals showing signs of ill health (as could reasonably be determined by a non-vet, e.g. discharge, inflammation, udder wounds) has been included in the bulk tank.

(d) Evidence of milk from treated animals that have not observed the required withdrawal time has been included in the bulk tank

(e) Evidence of milk from animals treated with an unauthorised substance has been included in the milk tank

Not Limited to an on-farm effect

Not Limited to an on-farm effect

Not Limited to an on-farm effect

Minimum - where milk is going for heat treatment.

Medium - where milk will not be heat treated

High

High

Rectifiable

As regards tuberculosis and brucellosis, you must ensure that raw milk comes from animals belonging to herds which have disease-free status.

Where your herd/ holding is not free from tuberculosis or brucellosis, you may sell milk from your non-reactor animals if:

• you are selling to a wholesaler who will heat treat the milk before marketing it for human consumption, or
• the raw milk is from sheep/ goats and is intended to be made into cheese that has a maturation period of at least two months.

Raw milk from any animal not complying with these requirements must not be placed on the market for human consumption.

Evidence that milk for human consumption from herds or flocks that have lost their disease free status has not been sent for appropriate heat treatment.

Evidence that milk from reactor animals has been sold for human consumption

Not Limited to an on-farm effect

High - only if producer retails raw drinking milk directly to the ultimate consumer.

Minimum - all other situations.

Rectifiable

The isolation of animals that are infected, or suspected of being infected, with tuberculosis and brucellosis must be effective in order to avoid any adverse effect on other animals' milk.

Evidence of failure to keep infected animals isolated.

Not Limited to an on-farm effect

Minimum -contact with herd mates

High - contact with susceptible livestock on neighbouring holdings

Rectifiable

You must ensure that milking equipment and the premises where milk is stored, handled or cooled must be located and constructed so as to limit the risk of contamination of milk

Poor location or construction of such premises that is within the farmer's ability to do something about.

Evidence that there is a significant risk of contamination occurring due to location of the milking equipment close to hazardous materials and/or due to poor construction and/or practices in maintenance of the milking shed or milk storage area

Limited to an on-farm effect

Minimum - where there are minor problems with small risk of contamination

Medium - where the problems found show a higher risk of contamination of the milk

Rectifiable

You must ensure that premises used for the storage of milk must:

a) be protected against vermin - including birds and birds' nests;

b) have adequate separation from premises where animals are housed; and

c) have suitable refrigeration equipment

(a & b) Evidence that premises used for the storage of milk are not adequately protected e.g. visible signs of vermin infestation or common air space with livestock areas.

c) Evidence of refrigeration equipment not working to the required level

( NB some milk tankers automatically shut down if the temperature of the milk is above the required level)

In most cases:

On-farm

In extreme cases:

Not limited to on-farm ( i.e. when there has been a food/ feed safety incident or if food went off-farm)

High: in extreme instances where non-compliance has led to / or can be linked to food borne disease from the milk that has a direct impact on human health.

Farmer has taken no steps to control or prevent the breach.

Medium:e.g. gross infestation, inadequate separation or poor refrigeration and milk is still on farm. The non-compliance is unlikely to lead to a direct impact on human health.

Rectifiable

Surfaces of equipment that come into contact with milk (utensils, containers, tanks etc) must be easy to clean, and disinfect where this is necessary. They must also be maintained in a sound condition. This requires the use of smooth, washable and non-toxic materials.

After use, these surfaces must be cleaned and, where necessary, disinfected.

Evidence that equipment that comes in contact with milk is not constructed of materials conducive to easy cleaning/are not maintained in a sound condition.

Evidence that smooth, washable and non-toxic materials are not in use.

Evidence of dirty facilities and equipment.

Evidence that milk contact surfaces in the milking area or milk storage area are dirty or contaminated (eg stale milk residues/ milk stone/ mould)

Limited to an on-farm effect

In extreme cases:

Not limited to an on-farm effect (where there has been a food safety incident that may have had potential human health effects)

Minimum to medium dependent upon the levels of contamination and the location of any such contamination

Rectifiable

You must carry out milking hygienically. Particular practices that you should ensure are:

(a) before milking starts, the teats, udder and adjacent parts are clean;

(b) you satisfactorily identify animals undergoing any medical treatment which is likely to transfer residues to the milk;

(c) milk from such animals, or any that are still within the withdrawal period is not used for human consumption

(a) Teats and udders not clean before cluster attachment at milking time. Milking routine or facilities are not robust enough for the cleanliness of the animals.

(b) animals that are undergoing medical treatment likely to transfer residues to the milk, or are still within the withdrawal period for that treatment are not adequately identified at milking

(c) such animals are not milked last and with the delivery pipe removed from the bulk tank, or using separate equipment eg separate dump bucket and cluster. [if such practices are not followed it could lead to milk obtained from these animals being sold for human consumption]

Limited to an on-farm effect

Limited to an on-farm effect

Not Limited to an on-farm effect

High - only if producer retails raw drinking milk to the ultimate consumer.

All other situations Minimum

High

Rectifiable

Immediately after milking you must ensure that milk is held in a clean place designed and equipped to avoid contamination.

The milk must be cooled immediately to: not more than 8 °C if it is collected daily; or not more than 6 °C if it is not collected daily.

For the purposes of this requirement it is considered that "immediately" means within a reasonable and practicable time period (2 hours).

You do not need to meet these temperature requirements for cooling if the milk is processed within two hours of milking, or a higher temperature is necessary for technological reasons related to the manufacture of certain dairy products. In this case the competent authority would have had to authorise the temperature.

Evidence of inappropriate storage of milk. Storage facilities are not clean; or are not constructed from materials conducive to easy cleaning and prevention of contamination.

Milk has not been cooled within a reasonable period (2 hours) following the end of milking and prior to collection. ( NB It may not be practical to cool milk immediately in all situations)

Evidence of inappropriate storage or refrigeration of milk.

In most cases:

Limited to an on-farm effect

In extreme cases:

Not Limited to an on-farm effect (where there has been a food safety incident).

In most cases:

Limited to an on-farm effect (the milk will not be collected by the buyer)

In extreme cases:

Not Limited to an on-farm effect (where there has been a food safety incident; milk has left the premises).

Minimum to medium dependent upon the levels and location of any contamination and the likelihood of it leading to a direct impact on human health.

Minimum - non-compliance is unlikely to lead to a direct impact on human health.

Medium - where breach is seen as to be a very recent development and little or no effort is being made to rectify situation

High - where it is obvious that the facilities are not in effective operational order or are not suitable for the volume of milk to be stored (extra tanks outside dairies without cooling equipment for example) and no action is being taken to rectify situation

Rectifiable

ADDITIONAL REQUIREMENTS FOR EGG PRODUCERS

This hygiene requirement relates to all eggs in shell that are produced by farmed birds.

While they are on your premises, you must keep eggs clean and dry, free of extraneous odour, effectively protected from shocks and out of direct sunshine.

Eggs kept in unsuitable conditions. For example close to moving agricultural machinery, in the tractor shed, close to bleach or diesel

This hygiene requirement relates to all eggs in shell that are produced by farmed birds.

Not limited to an on-farm effect.

Minimum

Rectifiable

The relevant domestic legislation relating to this SMR is currently being amended for January 2006. You will be informed should there be any changes to the requirements listed below in the light of the new legislation. In the meantime, however, all the farmer requirements listed below are applicable.

You must:

• Immediately notify the Divisional Veterinary Manager of any animal suspected of being infected by a TSE.
• On notification of a TSE suspect or confirmed case, fully comply with movement restrictions, including any order to slaughter and destroy the animal(s), or any other notices served by an inspector imposing measures concerning that animal or animals under the TSE Regulations 2002.

There is evidence that the farmer is feeding animal protein or products containing animal protein or processed animal proteins not derogated for feeding to ruminants or farmed animals - as specified in ' SMR12 farmer requirements'.

The farmer does not have adequate on-farm measures, including feed production, storage (including physical separation) or feeding arrangements, to ensure that feed containing proteins derogated for non-ruminant use (as specified in SRM 12 farmer requirements) are not fed to ruminants or allowed to contaminate ruminant feed.

Not limited to an on-farm effect in cases where animals have moved off since being fed non-derogated protein:

Limited to an on-farm effect

High

Minimum - If potential contamination

High -

If actual contamination

Permanent

Rectifiable

• Not feed to ruminants, any animal protein or any feedingstuff, which contains animal protein, except (subject to required processing)
• Milk, milk-based products and colostrums,
• Eggs & egg products,
• Gelatine from non-ruminants,
• Hydrolysed proteins derived from non-ruminants or from ruminant hides and skins
• Not feed products containing the following to farmed animals (ruminants or non-ruminants), directly or in feedingstuffs:
• Processed animal protein (includes mammalian meat and bonemeal, poultry meal, feather meal etc);
• Gelatine from ruminants

The farmer is not able to produce confirmation letters providing authorisation, registration or permission as set out in SMR12, SEERAD and/or Local Authorities confirm that these have not been issued to the farm in question.

Limited to an on-farm effect

Minimum - if ruminants not kept

Medium if ruminants present.

Rectifiable

• Use the following proteins for non-ruminant use only for feed production, or use or store complete feed containing them:
• Fishmeal;
• Blood products;
• Blood meal, only where fed to farmed fish;
• Dicalcium phosphate and tricalcium phosphate of animal origin, (mineral-derived versions are permitted for all livestock and are most commonly used - feed labels not specifying 'animal origin' can be taken to be mineral);

Only use the above where:

• Authorised by SEERAD to use derogated proteins to produce non-ruminant feed ( e.g. on-farm mixers - authorisation is always required where ruminants are present);
• Registered by SEERAD to use derogated proteins to produce non-ruminant feed where no ruminants are present ( e.g. on-farm mixers)
• Registered by SEERAD to use feed products containing derogated proteins on premises where ruminants are present

The farmer has not notified the DVM of an animal suspected of being infected by a TSE.

The farmer has failed to comply with any notices served on an animal or animals by an inspector after notification of a TSE suspect case or confirmed case.

Limited to an on-farm effect

Limited to an on-farm effect

High

High

Permanent

Permanent

The registration referred to in the final bullet will require farmers to confirm adequate on-farm measures, including storage and feeding arrangements, to ensure that feed containing derogated proteins are not fed to ruminants and kept adequately separated from ruminant feed. Following registration SVS inspection will confirm permission to use such products on the premises in line with EU requirements.

Farmers must notify DVM if you know or suspect that an animal or carcass in your possession or under your charge is infected with foot and mouth disease;

Evidence (on the balance of probabilities) that farmer has known or suspected an animal under his charge is infected but has not notified DVM (see footnote*).

Evidence may include evidence of clinical signs, or evidence of old healed lesions in the case of FMD for example.

Likely to have an off-farm effect.

High

Permanent

Restrictions on the movement of infected (or suspect) animals have not been complied with.

Likely to have an off-farm effect (could be on-farm if no impact at all on other holdings).

High

Permanent

* Evidence of non-compliance during an outbreak might be gathered and recorded through routine veterinary work (rather than specifically targeting "cross compliance checks" during an outbreak). If this is the case, we would need to ensure checks could be made retrospectively against the information gathered during routine work ( i.e. databases/records would have to hold enough information to provide evidence of the above breaches so that control forms could be completed after the event).