loss of OTF status in a dairy herd

Following recent incidents where milk from TB reactor animals has entered the food chain, the Food Standards Agency (FSA) has written to local authorities to remind them of the requirements under EC Hygiene Regulations relating to the loss of officially tuberculosis free (OTF) status in a dairy herd.

Milk from individual reactor animals within the affected herd cannot be used for human consumption under any circumstances. OTF status is lost from the date that a positive reactor animal in the herd is detected. If it is discovered that milk from the reactor animals has entered the food chain then this should be reported as an incident to the FSA.

Milk from non reactor animals in the herd can enter the food chain provided that it is subject to heat treatment. The FSA advises that once OFT status is lost, the local authority should liaise with the farmer to establish where the milk from the affected herd is being sent and then contact the first buyer(s) of the milk to ensure that they are aware that all the milk from the affected herd, and any milk with which it may be mixed, should receive adequate heat treatment before consumption or use for milk based products

If milk has been used to make unpasteurised products prior to loss of status then a risk assessment needs to be carried out to determine whether the products can be considered safe for human consumption. The Hygiene Regulations do not prohibit the marketing of products made before the removal of OTF status. Any agreement to stop selling such products must therefore be on a voluntary basis. Failing voluntary agreement, any enforcement action would have to be on the basis of evidence that the products failed to comply with EU food safety requirements.

For more information, please contact John Mitchell, partner in Blake Lapthorn's Food law team on 023 8085 7231 or email john.mitchell@bllaw.co.uk.