Summary
The Enzootic Bovine Leukosis (Amendment) Order 1995 amends the Enzootic Bovine Leukosis Order 1980 by inserting requirements for mandatory quarterly milk testing for enzootic bovine leukosis (EBL), laboratory notification obligations, and record-keeping. Milk purchasers must obtain samples from all milking animals in a herd, label them with barcodes and dates, and send them to either Genus Ltd. (England/Wales) or one of three named Scottish laboratories. The regulation applies to all milk purchased for resale, with limited exceptions for pre-packed raw milk sold directly to ultimate consumers. Laboratories must maintain records, notify the Minister of positive/inconclusive results, and report missing quarterly samples.
Reason
The regulation imposes substantial compliance costs on milk purchasers through mandatory quarterly testing at specific designated laboratories, with detailed record-keeping and notification requirements. The mandatory designation of specific commercial laboratories (Genus Ltd. and three named Scottish labs) effectively creates regulatory barriers to entry for competing laboratories, reducing market competition. The quarterly testing frequency and barcoding requirements add costs throughout the dairy supply chain with no demonstrated proportionality to actual disease risk. The specified laboratory addresses (e.g., 22 Myrtle Terrace, Llanelli) are inflexible and could become outdated, and the regulation has not been subject to systematic review since 1995. While disease monitoring has legitimate public interest, this command-and-control approach with mandated laboratories and rigid procedures is likely more costly than a market-based or outcome-focused alternative.