Livestock Feed Controls in Scotland review Partial Business and Regulatory Impact Assessment

1. Title of Proposal

The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2025

1.1 Purpose and Intended Effect

1.1.1 Background

Transmissible Spongiform Encephalopathies (TSEs) are a family of prion diseases including Bovine Spongiform Encephalopathy (BSE) or ‘Mad Cow Disease’ in cattle, Scrapie in sheep and goats, and Chronic Wasting Disease (CWD) in deer.

BSE is a zoonotic disease i.e. it can be transmitted between species from animals to humans. Variant Creutzfeldt Jakob Disease (vCJD), a human TSE, is transmitted via the consumption of infected meat and products from bovines affected by BSE.

BSE was first identified in cattle in 1986 in Great Britian (GB). Classical BSE is believed to have been transmitted by cattle feed contaminated with the BSE agent (misfolded proteins known as ‘prions’). This was caused by the recycling into feed of ruminant protein from infected animals. In GB ruminant livestock are cattle, sheep, goats and deer. At the height of the epidemic, just over 180,000 cattle were culled.

To control the spread of BSE, the administrations in GB introduced sequential legislation between 1988 and 1996 - culminating in the “reinforced feed ban” which prohibited animal protein from being fed to farmed animals, with very limited exceptions. The reinforced feed ban was implemented in the EU in 2001 with the adoption of Regulation (EC) 999/2001. Compliance with the feed controls is monitored through the National Feed Audit (NFA), a programme of inspection of premises that produce, store, or use livestock feed. The inspections include taking samples of livestock feed for testing for the presence of banned components, including animal proteins. The purpose of the NFA is to protect animal and public health.

The feed ban, alongside other BSE controls such as passive and active surveillance and the removal of Specified Risk Material in abattoirs, has greatly reduced BSE cases in GB. Great Britain is now considered to be in the tail end of the epidemic. In 2001 there were 1,113 confirmed cases of BSE in Great Britain. This compares with five cases of classical BSE since 2014 (classical BSE being cases which are thought to be spread through the consumption of contaminated feed, rather that atypical, which is thought to occur spontaneously). Since the introduction of the feed ban, scientific knowledge of BSE has also increased. Research has demonstrated that pigs and poultry are not naturally susceptible to TSEs. There have also been technological advances in testing methods that can differentiate between ruminant and non-ruminant material if found in feed. Experts agree that the livestock feed regulations are now disproportionate to the GB TSE risk level and do not reflect current scientific knowledge.

In 2021 the European Union (EU) amended its TSE legislation (Regulation (EC) No.999/2001) to allow the use of a wider range of animal proteins in non-ruminant animal feed. The EU has allowed:

• Poultry PAP in pig feed
• Porcine PAP in poultry feed
• Insect PAP in pig and poultry feed
• Ruminant collagen and gelatine in non-ruminant feed

The amendments automatically apply to Northern Ireland (NI) under the provisions of the NI Protocol/Windsor Agreement.

Scottish Government officials are considering an update to livestock feed controls in Scotland to allow for the same four changes.

1.1.2 Objective

The proposed changes will ensure Scottish feed controls are in line with the latest scientific evidence and advice. They will support industry and ensure our regulatory framework provides a level playing field with the EU. They will allow the use of alternative protein in certain feed to support government and industry to achieve farming sustainability goals. UK and Welsh Governments are considering making the proposed changes as well. Subject to ministers’ decisions, the intention is to implement the changes in all Great Britain (GB) administrations at the same time.

1.1.3 Rationale for Government intervention

The introduction of the reinforced feed ban prohibiting the use of animal protein (with limited exceptions) in livestock feed was a precautionary measure. The current livestock feed controls are not proportionate to the current incidence of BSE in Scotland and scientific knowledge. WOAH only requires banning the use of ruminant protein in ruminant feed. Therefore the proposed amendments meet WOAH requirements.

Since 2014 there have been five cases of classical BSE in GB, down from over 100 cases per year in 2005 and 2006, and 1,113 in 2001. The five cases occurred in fallen stock animals and were not destined to enter the food chain. They were identified as part of the BSE surveillance programme.

Research has demonstrated that pigs and poultry are not naturally susceptible to TSEs. A survey of brains and lymphoid tissues from 1107 meat-and-bone meal (MBM) fed adult pigs in Ireland (Jahns et al., 2006) and 435 pigs in Switzerland (Kofler et al., 2006) found no evidence of PrPSc (the infectious disease agent of TSEs). In addition, pigs for consumption are typically slaughtered at around 6 months of age. As such, development of clinical TSE in these pigs is unlikely because the long-incubation times can be expected to exceed their lifespan. There has never been any active surveillance for TSEs in poultry or pigs or evidence of natural occurrence of TSE. Throughout the BSE outbreak there were no cases of prion disease reported in poultry or pigs in GB.

Technological advancements in testing methods also now allow differentiation between ruminant and non-ruminant material in feed. This allows the National Feed Audit (NFA) to determine the presence of prohibited proteins and prevent contaminated feed entering the feed chain.

There is therefore a need to update the legislation to reflect the latest scientific evidence and advice, with deregulation where appropriate. The issues that justified the reinforced feed ban in 1996 have now been resolved, including the development of testing to differentiate ruminant and non-ruminant protein in feed. Therefore, the current legislation creates unnecessary restrictions on industry, such as preventing the use of alternative protein, which could be used to achieve farming sustainability goals.

Risk assessments have been conducted by the Animal and Plant Health Agency (APHA) and have indicated the overall risk of making these legislative changes are very low and does not increase the level of risk compared to the current rate of expected TSE cases in GB. The Food Standards Agency (FSA) commissioned the Advisory Committee of the Microbiological Safety of Food (ACMSF) to review these risk assessments. ACMSF concluded that the risk assessments provided public health assurance provided that other key controls remain in place. The FSA then determined no additional public health risk assessment was required. Food Standard Scotland have also reviewed these

Updating these feed controls contributes to Scotland’s National Performance Framework National Outcomes relating to economy and environment, discussed further in the benefits section.

1.2 Consultation

1.2.1 Within Government

This proposal has been formulated with discussion and input from the other Devolved Administrations, who are, subject to ministers’ decisions, intending to implement the changes in all Great Britain (GB) administrations at the same time.

1.2.2 Public Consultation

A formal public consultation will run for 12 weeks.

1.2.3 Business

As part of the public consultation industry representatives from across the sector will be sent the consultation and invited to give their feedback. Defra, who have been leading on this work for the Devolved Administrations, and Scottish Government officials have met with renderers, compound feed manufacturers, feed ingredient manufacturers (insects) and industry representatives such as the Foodchain and Biomass Renewables Association (FABRA), the Agricultural Industries Confederation (AIC), the British Poultry Council (BPC), and the National Pig Association (NPA).