Tuberculosis (Scotland) Amendment Order 2022: business and regulatory impact assessment

Purpose and intended effect

Background

Bovine Tuberculosis (bTB) is a serious infectious disease of cattle, caused by the bacterium Mycobacterium bovis (M. bovis) and a major challenge currently facing large parts of the UK cattle farming industry. The disease is characterised by the development of "tuberculosis" lesions in any organ of the body. It mainly affects cattle but can be passed between most mammals. It is also a zoonotic disease which means it can be passed from infected animals to people, causing an illness similar to human TB. The risk of people contracting TB from cattle in Great Britain (GB) is however considered to be very low.

Scotland achieved Officially Tuberculosis Free Status (OTF) in September 2009, in recognition of the relatively low and stable incidence of TB found in Scottish herds, and this pattern is consistent with sporadic introductions of disease which are eradicated through testing and removal of infected cattle.

The current Tuberculosis (Scotland) Order came into force in 2007 and has been amended a number of times since, most recently to make amendments arising from the withdrawal of the United Kingdom from the EU. The proposal is to make an amendment to the current order, prior to consolidating the Order and making further amendments in 2023.

Objective

The main objective of this proposal is to amend the Tuberculosis (Scotland) Order to ensure that when samples are taken with the intention of applying a diagnostic test for TB, permission must be sought from Scottish Ministers. This will enable conditions to be set, such as a requirement to report any results, to make Scottish Ministers aware of the number of cattle tested, or the locations of the participating farms.

It is recognised that scientific and technological advances may bring benefits through reducing time taken to sample, reduce costs and bring greater confidence in tests. However, in the event of samples being tested by third parties with an unvalidated TB test, there is the potential for cattle to be reported inaccurately as testing positive for TB. Any unvalidated claims of infected cattle, even though these could be false positives, could bring our recognised low infection rates into question and impact negatively on Scotland's OTF status, as the number of herds infected with TB needs to meet specific criteria. Losing our OTF status would have a negative effect on the cattle industry and could disrupt trade. This is a serious concern, and we want to urgently take forward this policy to manage this risk.

The objective of this proposal is to ensure that TB controls in Scotland continue to be effective and fit for purpose. The legislative changes being introduced by this amendment aim to support the maintenance of our low and stable levels of TB in Scotland. These changes are intended to further safeguard our OTF status and to facilitate continued trade with EU Member States.

Scottish Government are of the view that this is a necessary amendment to effectively deliver effective TB disease control policy in Scotland.

Rationale for Government intervention

Scotland was recognised as being officially TB free (OTF) by the European Commission in September 2009. This status is currently a unique position within Great Britain and recognises the low and stable incidence of TB and the high standards of animal welfare achieved in Scottish herds. Maintaining that OTF status and Scotland's reputation for high quality produce is crucial to the continuing success of the Scottish cattle industry. Losing our OTF status would impact on Scotland's international reputation as having healthy cattle which are free from infection, which may affect trade. It would also mean that more TB testing would have to be undertaken, at the cost of the taxpayer, as currently with OTF status you can exempt herds from testing if they are low risk and consequently 60.4% of Scottish herds do not need to be routinely tested for TB. Returning to this routine testing would be time consuming and costly for Scottish farmers. This would also draw upon more government resources, such as veterinary and laboratory time, and time to report results, all of which would divert resource away from other key priorities.

The Scottish Government (SG) is committed to a comprehensive, practical and proportionate programme of measures to maintain the current low levels of TB in cattle and other species and to safeguard our OTF status. This includes minimising the risks from all potential sources of infection and reducing the risk of disease spread as far as possible.

National Performance Framework

The policy change meets the following outcomes from the National Performance Framework:

• value, enjoy, protect and enhance their environment
• have a globally competitive, entrepreneurial, inclusive and sustainable economy
• are healthy and active

Reducing endemic disease can have significant advantages for reducing the carbon footprint associated with livestock production, as healthier animals tend to grow faster and require fewer inputs, all of which will reduce the emissions intensity per kg of meat or litre that they produce. This will also improve the welfare of animals and protect public health by reducing the number of cows which become affected by TB (and then compulsorily slaughtered as a result) by putting in stricter legislation that protects Scottish cattle.

In making these changes now the aim is to continue to safeguard our low levels of TB and in doing so contribute to Scotland's National Performance Framework by maintaining Scotland's reputation for high quality produce and helping to increase Scotland's economic growth by increasing exports of healthy cattle and beef.