UK Statutory Instrument 2021 United Kingdom

Tuberculosis in Animals (England) Order 2021

What this means for your business

10 obligations
10 penalties
1 guides
Enforced by
APHA, DEFRA
Applies to
United Kingdom
On this page
10 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

10 compliance obligations under this legislation.

Inspections 1

Provide licence and details to veterinary inspector on animal movement

Fine up to £5,000

When you move an animal using a TB licence, you must be ready to give the inspector your name and address, show the specific licence (unless you’re using a general licence), and let them copy it. This has to be done immediately if the inspector asks.

Trader/Business s.18 APHA Whenever an animal is moved under a TB licence issued under this …

Management duties 3

Arrange post‑movement TB skin test for incoming cattle

Fine up to £5,000

If you receive a bovine animal into a low‑risk or specified area from elsewhere in England or Wales, you must have it tested for tuberculosis between 60 and 120 days after it arrives, unless one of the listed exemptions applies. You must pay for the test, keep the animal secured until the test is done and shows a negative result, and you cannot move it elsewhere except to slaughter or authorised units. You also need to follow any notice from the Secretary of State or an inspector.

Trader/Business s.20 APHA Receiving a bovine animal into a low‑risk or specified area from another …

Identify, licence and record all deer movements and sales

Fine up to £5,000

If you handle deer – whether moving live animals, their carcasses, or displaying them for sale – you must fit each deer with an approved ear tag, have a licence for any movement and keep a proper movement record. Any deer shown for sale must have a clearly legible tag at all times. Failing to do so can lead to a £5,000 fine.

Any Person s.16 APHA Whenever you move a live deer, move a deer carcass, or expose …

Notify suspected TB and restrict animal movement

Fine up to £5,000

If you think an animal might have tuberculosis, you must promptly inform the Secretary of State and also tell the animal’s keeper (if you’re not the keeper). The keeper must then keep the animal on the premises, isolate it from other animals as far as possible, and treat any milk as if a restriction notice had already been served, until a veterinary inquiry is finished.

Any Person s.5 APHA When you suspect an animal has or may have tuberculosis

Notifications 2

Notify authorities and isolate suspected TB carcass

Fine up to £5,000

If you think a carcass might have tuberculosis, you must immediately tell the Secretary of State, keep the carcass where it was found, and make sure it is isolated from any other animals until a veterinary inspector examines it. Not doing so can lead to a fine.

Any Person s.6 APHA When you suspect a carcass is infected with tuberculosis

Notify the Secretary of State if M. bovis is found in a lab sample

Fine up to £5,000

If your laboratory discovers the tuberculosis bacterium M. bovis in any animal sample (or its carcass, products or surroundings), you must immediately tell the Secretary of State. The only exception is when the bacterium is present because it was deliberately added for research purposes.

Employer s.17 APHA M. bovis is identified in a laboratory examination of a non‑human animal …

Other requirements 3

Comply with written notices, licences and approvals

Fine up to £5,000

If your business receives any notice, licence or approval under the Tuberculosis in Animals (England) Order, it must be in writing and you must follow every condition it contains. You also need to keep the document and act in line with any later changes, suspensions or revocations.

Any Person s.24 APHA When you are issued a notice, licence or approval under this Order

Mark animals as directed by inspector or veterinary surgeon

Fine up to £5,000

If an animal health inspector or an approved vet tells you to mark an animal (by painting, stamping, clipping, tagging, etc.), you must do it exactly as instructed. You are not allowed to change or tamper with the marking unless you get further permission from the inspector or vet.

Any Person s.15 APHA When an inspector or an approved veterinary surgeon instructs you to mark …

Obtain consent and report for all TB‑related animal activities

Fine up to £5,000

You must not vaccinate, treat, test, move or interfere with an animal for tuberculosis unless you have written permission from the Secretary of State. If you carry out a test, you must send the result to the Secretary of State straight away and keep the animal on the premises until a qualified inspector confirms a negative result.

Any Person s.10 APHA When vaccinating, treating, testing, moving or otherwise handling an animal for tuberculosis

Offences and prohibitions 1

Breach of the Tuberculosis in Animals (England) Order

Fine up to £5,000

If you do something or fail to do something that goes against the Tuberculosis in Animals (England) Order, you are committing an offence. The offence can be prosecuted by the local authority or, in certain cases, by the Secretary of State. On conviction you face a fine of up to £5,000 (and possibly other sanctions set out in the Order).

Any Person s.25 APHA

Penalties for non-compliance

10 penalties under this legislation.

Significant fine

Provide licence and details to veterinary inspector on animal movement

Fine up to £5,000

s.18 Penalises: Provide licence and details to veterinary inspector on …
Significant fine

Arrange post‑movement TB skin test for incoming cattle

Fine up to £5,000

s.20 Penalises: Arrange post‑movement TB skin test for incoming cattle
Significant fine

Identify, licence and record all deer movements and sales

Fine up to £5,000

s.16 Penalises: Identify, licence and record all deer movements and …
Significant fine

Notify suspected TB and restrict animal movement

Fine up to £5,000

s.5 Penalises: Notify suspected TB and restrict animal movement
Significant fine

Notify authorities and isolate suspected TB carcass

Fine up to £5,000

s.6 Penalises: Notify authorities and isolate suspected TB carcass
Significant fine

Notify the Secretary of State if M. bovis is found in a lab sample

Fine up to £5,000

s.17 Penalises: Notify the Secretary of State if M. bovis …
Significant fine

Comply with written notices, licences and approvals

Fine up to £5,000

s.24 Penalises: Comply with written notices, licences and approvals
Significant fine

Mark animals as directed by inspector or veterinary surgeon

Fine up to £5,000

s.15 Penalises: Mark animals as directed by inspector or veterinary …
Significant fine

Obtain consent and report for all TB‑related animal activities

Fine up to £5,000

s.10 Penalises: Obtain consent and report for all TB‑related animal …
Significant fine

Breach of the Tuberculosis in Animals (England) Order

Fine up to £5,000

s.25 Penalises: Breach of the Tuberculosis in Animals (England) Order

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

29 classified provisions from this legislation.

Duties 10

  • s.5 Notification of suspected disease
  • s.6 Notification of suspected disease in a carcase
  • s.10 Prohibitions A person
  • s.15 Marking of animals A person
  • s.16 Identification and movement of deer A person
  • s.17 Identification of M. bovis in a laboratory
  • s.18 Production of licences
  • s.20 Post-movement skin testing the keeper
  • s.24 General provisions as to notices, licences and approvals person
  • s.29 Review

Offences and penalties 1

Powers 10

  • s.4 Extension of definition of “disease” and power to slaughter animals affected with tuberculosis
  • s.7 Veterinary inquiry
  • s.8 Tuberculosis testing
  • s.11 Notification of intended slaughter of animals
  • s.12 Precautions against the spread of infection
  • s.13 Suspected animals in markets, shows etc
  • s.14 Control of infection from other animals
  • s.21 Exempt markets
  • s.22 Exempt finishing units, approved finishing units and approved collecting centres
  • s.23 Publication of information

Exemptions 3

  • Schedule 2 Movements exempt from the prohibition in article 19(1)
  • s.9 Tuberculosis test records
  • s.19 Pre-movement testing